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Home My WebLink About2005-07-12 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, July 12, 2005 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: -L Shaun Wardle -L Charlie Rountree -L Christine Donnell ~ Keith Bird ----X- Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Discussion of National Night Out by Bill Musser: Approve (15 minutes*) 4. Update on Park Development Projects with Kiwanis, Meridian Youth Baseball, Adventure Island Playground, and Police Athletic League by Doug Stro-ng: (5 minutes*) 5. Bid on Park Land and Pathway Development next to Fire Station # 4 by Doug Strong: (5 minutes*) * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - July 12, 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 PRE-COUNCIL MEETING AGENDA Tuesday, July 12, 2005 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle x: Christine Donnell X Charlie Rountree ~ Keith Bird + Mayor Tammy de Weerd 2. Adoption of the Agenda: ~~ 3. Discussion of National Night Out by Bill Musser: J If_ (15 minutes*) t cltPI/U ~ IhCCalt~f..r 4. Update on Park Development Projects with Kiwanis, Meridian Youth Baseball, Adventure Island Playground, and Police Athletic league by Doug Strong: (5 minutes*) 5. Bid on Park land and Pathway Development next to Fire Station # 4 by Doug Strong: (5 minutes*) *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - July 12, 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. July 8,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT July 12,2005 ITEM NO. 3 REQUEST Discussion of Notional Night Out by BiJJ Musser 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: SEfTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~ ~~( fo'~ jVvWi ~[,~ I nrf'""~ {jv ClP' Ofd Contacted: Emailed: Date: Stoff Initials: Phone: Materials presented at public meeUngs shall become property of the City of Meridian. July 8,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT July 12,2005 ITEM NO. 4 REQUEST Update on Pork Development Projects with Kiwanis, Meridian Youth Baseball, Adventure Island Playground, and Police Athletic league by Doug Strong 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: Stoff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. July 8,2005 MERIDIAN CITY COUNCil MEETING July 12,2005 APPLICANT ITEM NO. 5 REQUEST Bid on Pork land and Pathway Development next to Fire Station No.4 by Doug Strong 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: SEfTlERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Dote: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCil MEETING August 9, 2005 APPLICANT ITEM NO. 5-8 REQUEST Approve Minutes of July 12. 2005 Pre-Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ~vV CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEfTlERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Dote: Phone: EmaiJed: Stoff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN PRE-COUNCil MEETING AGENDA Tuesday, July 12, 2005 at 6:30 p.m. City Council Chambers 1. Roll-call Attendance: -L Shaun Wardle -L Charlie Rountree -L Christine Donnell ~ Keith Bird ----X- Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Discussion of National Night Out by Bill Musser: Approve (15 minutes*) 4. Update on Park Development Projects with Kiwanis, Meridian Youth Baseball, Adventure Island Playground, and Police Athletic League by Doug Strong: (5 minutes*) 5. Bid on Park Land and Pathway Development next to Fire Station # 4 by Doug Strong: (5 minutes*) *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - July 12, 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. Meridian Citv Pre-Council Meetina Julv 12. 2005 The Meridian City Pre-Council meeting was called to order at 6:30 P.M. on Tuesday, July 12, 2005 by Council President Shaun Wardle. Members Present: Mayor Tammy de Weerd, Shaun Wardle, Christine Donnell and Charlie Rountree. Members Absent: Keith Bird Staff Present: Bill Musser, Doug Strong, Ron Anderson, Brad Watson, Len Grady, Diane Stewart, Bill Nary and Will Berg. Item 1. Roll-call Attendance: Roll call. -L Shaun Wardle ~Christine Donnell --L- Charlie Rountree ~Keith Bird ----X- Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Rountree: Mr. President. Wardle: Mr. RountrE?e. Rountree: I move that we adopt the agenda for pre council. Donnell: Second. Wardle: It's been moved and second to adopt the agenda. All in favor. ALL AYES. MOTION CARRIED Item 3. National Night Out Wardle: Item number three is discussion of National Night Out by our Police Chief Bill Musser. Chief. Musser: Mr. President, Madam Mayor and members of the Council. What I wanted to do this evening was give tOU a brief update of upcoming events and what we have on tab for August 2n during National Night Out. I brought our volunteer coordinator, Cherie McCandless, over who has been working in conjunction with our Crime Prevention Specialist, Melissa Delaney, in helping to put this program together and they're probably much more in the know than I am Meridian City Pre-Council May 17, 2005 Page 2 of 12 at this point then. So I'm going to turn this over to Cherie and go ahead and let her brief you on it. De Weerd: Please state your name and address for the record. McCandless: I can do that. Wardle: It's always good to have you back in the Council Chambers Cherie. McCandless: It's always good to be here. Mr. President. Madam Mayor and Council members. We have made a lot of arrangements for the National Night Out this year. It's on August 2nd and so far we have seven parties registered and we hope to have more before the final kick off. We've organized a big kick off and I think maybe you've gotten invitations already to Applebee's on August 2nd between 4:30 and 5:30 the one on Eagle Road. That one will be all local chiefs, sheriffs, mayors and council members from each jurisdiction and I'm talking about Ada County, Boise PD and Meridian PD and they have been asked to attend and Applebee's will provide appetizers and beverages for all that attend. They also agreed to give out gift certificates to the organizers of annual events in each community. Target has also agreed to give out gift cards to the individuals that have said that they would have parties - and Idaho Power will provide two gift baskets for each jurisdiction. Those three I mentioned. Each party will have received entrance slips for participants to fill out. These will be returned to the department and they'll draw names and two recipients from each jurisdiction will get the baskets. Arrangements are being made to transport you guys to all the parties. De Weerd: Not to jail right. Rountree: So we have a designated driver is that the deal? McCandless: You'll have a designated driver but you have to behave yourself. Rountree: That could be dangerous. McCandless: I'm encouraging the Fire Department to visit each of the parties as they can and also patrol cars to come and visit them as time - as they are available. And City Department Heads are also invited to participate in this. This is going to be a big deal this year. We haven't had one for about four years and we have been working really hard on it. So I will give the names and addresses of all the parties to Will or someone over here. De Weerd: Somebody responsible. Meridian City Pre-Council May 17, 2005 Page 3 of 12 McCandless: Somebody responsible yes. And we'll get drivers for you so they will know where to go. So I hope to see you all at all the parties. That's about all I have to say unless you have questions. Wardle: Cherie just a quick clarification. Is that Tuesday August 2nd you say? McCandless: That's correct. Wardle: Okay. McCandless: Most of the parties will start around 6:00 or 6:30 and last 8:30, 9:00. Whatever. De Weerd: Mr. President. Wardle: Madam Mayor. De Weerd: That's why we don't have a Council Meeting that night. Wardle: Oh we don't have a Council Meeting that night. Donnell: Oh we don't? De Weerd: No and we do have a request from Kuna to have a special meeting at 3:00. A joint meetjng with their council. Wardle: Okay. McCandless: So if we don't have anymore questions I expect you there too Bill. Nary: I will do the best I can. De Weerd: Mr. President. Wardle: Madam Mayor. De Weerd: Cherie, how many subdivisions did you say were participating? McCandless: We have seven that are registered right now. Actually six because two different parties in one subdivision. So. De Weerd: That's great after four years that's a pretty good showing. McCandless: Yeah we have been getting out the word for about a month and a half now. So. Meridian City Pre-Council May 17, 2005 Page 4 of 12 De Weerd: That's great. Wardle: Cherie do you have just a quick list of the subdivisions with you or is that something you can email me? McCandless: Shaun I didn't bring them with me, I'm sorry. Wardle: Are they pretty well spread out throughout the city? McCandless: There's about two. There's one in Vienna Woods, there's one in Candlelight. Linda Taharo that had one when we went out four years ago. They'll be one in her subdivision. Saddle something, yeah. Meridian Greens we haven't heard from. Well we've been talking to them but I'm not sure about that Christine. So. We'll do the best we can. We hope to have more by the time we - by the end of this month. Rountree: Great, thank you. McCandless: Thank you. Wardle: Thank you Cherie. Just like to thank you and the department and all your volunteers for all the hard work you've done and it sounds like it's going to be a great event and I look forward to attending and I know that if we can be there we will. Item 4. Update on Park Development Projects with Kiwanis, Meridian Youth Baseball, Adventure Island Playground, and Police Athletic League by Doug Strong: Wardle: Director Doug Strong. Strong: Thank you Mr. President, Madam Mayor and members of the Council. In my monthly meeting with the Mayor a couple of weeks ago. We talked about our partnership agreements for park development projects with Meridian Youth Baseball the PAL folks at Hero's Park, Kiwanis Park and also Adventure Island Playground and what it would take to meet our goal to meet a phase one green up by this fall. So in looking at that I've been with Elroy Huff working with contractors, engineers and architects and different people to try and get some hard numbers of where we are and also get an indication from the different partnerships that we have, where they are financially. Obviously some of them have slowed because of difficulty with fund raising and we want to get all of these projects off the ground so we can meet our goal of actually having 75 new developed acres underway by fall. So I've assembled some numbers and put together some information of where we are in each of these partnerships. We will go through that real quickly and then answer questions that you might have. I'll start with Kiwanis. park and by the way I put these in a priority order on Meridian City Pre-Council May 17, 2005 Page 5 of 12 purpose so that if we were looking at any potential funding for them that you'd at least have my priority order of where I think money should be spent and what order. At Kiwanis Park we've actually gotten quite a lot accomplished and much of the work has been done by Gordon Harris, which we've talked about before and I think most of you are aware of. We have underground utilities including power, water and sewer all in or at least stubbed to where they belong and the irrigation lake is excavated. The irrigation pump and pump station are installed. The fence along the canal on the north border is scheduled for installation in the next couple of weeks. Irrigation line to the lake is installed. Irrigation diversion box is completed and of course many hours of on site dirt work or grading has been completed at the site. So even when you drive by and it doesn't look like there's much that has happened there, there actually has been quite a lot that has taken place. So we had an engineer from Pinnacle Engineering put together numbers for what it would take to green up that park to incfude curb, gutter, sidewalk, parking lot, irrigation in and functional and grass seeding. Of course irrigation in means the pond liner would have to go in and the pond or the lake would have to be filled up. From his numbers we come up with a total of a $287,595 to get to that point of completion. We have a remaining budget in that line item of $110,734. So it would leave about $176,861 that we would need to fund to get it to that point. It's important to say at this point with all of these partnerships we intend to continue to work with the partners to have their participation be as much as it can be. This is not intended to stop that partnership involvement in anyway shape or form. This would put us to the point where hopefully by the time school opens in the fall that maybe we could have a permanent pathway from the neighborhood to the high school and grass growing so that kids that walk back and forth from neighborhood to school are walking through a developed park site at least an initial development rather than a construction zone with a temporary fence along the zone. Hero's Park we have a partnership with the Police Activities League. De Weerd: Mr. President. Wardle: Madam Mayor. De Weerd: I guess Doug before you move to the next one. Are you putting a bid out for certain work on that park right now. Strong: Not at this time. De Weerd: So the budget you have for that park. When were you going to spend? Strong: We are going to continue to spend the money that we have until it's gone. To get as far along in the project as we can. To get it to where we have a parking lot, curb, gutter and sidewalk and grass seeded and everything that's the number the engineer has given us at this point. Meridian City Pre-Council May 17, 2005 Page 6 of 12 De Weerd: So those are the costs of your staff doing the work then? Strong: No that would be out to contract with the 287. We would have to bid the work to be done for those items. De Weerd: Okay but the 110, what were you doing with that? Strong: We've put in the pump station and pump. We have been doing work on our own and with Gordon Harris. De Weerd: Okay. Strong: So we've been our own contractors to this point. So obviously when we do it that way it takes longer and we're out begging for resources often times and like Gordon borrows equipment and he uses it when he can get it and sometimes that's a couple weeks from when we'd like to get it and so forth. So it just slows things down. If we went this route we would bid that amount of work to be done and then Kiwanis club still wants to build a shelter. We have in our 06 budget request which we'll be looking at in a couple of weeks, enhancement for a restroom for that site. So this would be just to get it to this level of completion. De Weerd: Okay thank you. Strong: Hero's Park and work at the site to date includes an installation of underground utilities including diversion boxes and an irrigation line to the future irrigation lake. Phase one green up would require earthwork to include excavation of that irrigation lake. A lake liner and installation of underground utilities and a complete irrigation system and seeding. A gravel parking lot would also need to be completed before the park could realistically be used for soccer games. So there's a couple of ways to approach this is that if we got the park green without the parking lot we have a base bid - to back up a minute - we put the work that needs to be done at PAL out for bid so that we could get a base bid and then some add alternates to see how far we could go with the money that we have. We didn't get any responsive bids, we didn't get any bids at that time. But we have one contractor that has come back and put some numbers to the bid document that we put out. And we just received this this morning so. This is what we are looking at at least from if we were to move ahead and accept that bid which this is all very preliminary at this point. The base bid plus add alternates six and seven to install irrigation lake and liner came to $348,000 roughly. We have city funds available for PAL of $169,346. That leaves an unfunded difference of $178,000. That would be just to get the park green and grass growing. Does not include any work for a parking lot. So if we look at those add alternates, add a gravel parking lot it would be another $221,000 roughly. It doesn't include paving of the parking lot but it would put it in a useable first phase stage. So a total unfunded if we include the parking lot would be Meridian City Pre-Council May 17,2005 Page 7 of 12 another $400,000. To get it in a phase one completion. Now it's worth mentioning at this point that some of what's being proposed here was in our agreement with PAL, some of the work that they had agreed to do that we would have to make some amendments to our agreement with them for how we would adjust it if we went ahead and bid this work to be done and use park impact fees to get it to this level of completion. An example would be that they in the agreement they agreed to excavate for the lake, the irrigation lake. But you can't irrigation going without an irrigation lake and they are essentially out of money. They have money remaining for seeding and irrigation, the installation of the irrigation pipe that they have gotten donations for. So questions about that one. De Weerd: Mr. President. Wardle: Madam Mayor. De Weerd: So, what has PAL - is the $169,347 what they have put in to the park. Strong: That's city funds available currently in our budget. De Weerd: Okay and what money do they have in to this? Strong: To date they have put about $60,000 in construction documents. De Weerd: Okay so-they have no money for any improvements at this point? Strong: That's what we are told. We don't have any access to any budget documents from them. We are going on what we've been told at meetings. So they say they are out of money other than money to - they have arranged for seeding the property and putting in irrigation line. Rountree: Doug I have a question on the ownership of the land. Is that titled to the city? Or is that PAL? Strong: It's titled to the city. Rountree: It is a city park. Strong: The next project is Meridian Youth Baseball Softball. At this point if you drive by Settlers Park you will see no substantial work at that site. We have done some preliminary irrigation work and piping that's been completed to get underground where it needs to be for the work when it begins. We currently have city funds in a line item of $148,430. Meridian Youth Baseball Softball has $350,000 that they have raised that they could spend at this time. Which brings a total of money available for the project close to $500,000 to get started. The cost estimates that we are getting from engineering and other folks working on Meridian City Pre-Council May 17, 2005 Page 8 of 12 the project. The phase one green up without a parking lot would cost about $821,000. So if you subtract the nearly $500,000 it would leave $322,970 almost $323,000 unfunded at this point, if we got to phase one green up without a parking lot. If we included the parking lot the estimated cost of a gravel parking lot that's without paving. That's $295,000. With paving you would add another $100,000 to that cost. For our discussion tonight a gravel parking lot would bring the total cost of just a phase one green up over a million dollars for the beginning of that baseball complex. So if we subtract the almost $500,000 it leaves $617,000 to fund if we did it with a gravel parking lot. So it gives you two options to at least consider. The last project that we looked at is Adventure Island Playground and as you know we have come a long way with Adventure Island Playground and phase one is open and is being used. There's been a lot of publicity with the playground and this group is actually quite active although fundraising has slowed down. They are active again and money is coming in. Our recent Barn Sour event that we had just a couple weekends ago raised another $600 that will go to Adventure Island Playground. They are selling concessions at the concessions stand this summer so there is ongoing revenue projects that they have underway. Our remaining 05 budget has about $45,000 in that account. We've been awarded a Land and Water Grant for the phase two which would be the zero depth water feature which is a matching grant so we have another $45,000 when that is complete. Our 06 budget request, so this is a question mark. It'll be in our 06 enhancements of $150,000 would make an estimated total available of about $240,000 for the phase two completion. In talking to people associated with the project. To bring phase two to substantial completion would cost probably an additional $50,000 over that amount that we project to be available after our budget period this year. And I say substantial completion in it there would be some things that they still want to complete with community participation like the brick sales and some things like that that would complete a wall and some of the nicer features in the playground but all the concrete work and landscaping and essentially the established area of the playground would be in place. So to summarize that if we looked at them again back in priority order. If we were to go through and look at what it would cost to get all these projects to a phase one green up or a phase one completion and again I've looked at both with including parking lots and without parking lots. If we did all the work without parking lots it would need another $728,000 to get that done. With parking lots it would be about a million two. Obviously parks are difficult to use if you don't have at least a gravel parking lot for participants to be there. Rountree: Mr. President. Wardle: Mr. Rountree. Rountree: Doug what's the cost for a paved parking lot because I'm not sure we are going to be in the business of providing parking that isn't paved. Or we we'll have to provide that opportunity for everybody. Meridian City Pre-Council May 17,2005 Page 9 of 12 Strong: With the Meridian Youth Baseball parking lot. The paving costs about another $100,000 of the $295,000 I believe that was back there. Wardle: Doug just to follow up on Councilman Rountree's comments. If we are considering these projects. Personally I'd like to consider them with a paved parking lot. I know in the past we've had some code issues and then we certainly would have air quality issues and then also the issues of if this is the city's standard parking lot those in the development community, which we're requiring to do other parking lots. We might have some questions. So if you could provide those figures and then total those together. I think it would be helpful for our discussion. Strong: Just off the cuff from the figures that I'm seeing it. We could add at least $200,000 to the cost that we see there which would bring it about a million four, a million five, somewhere around in there to do everything with parking lot. The reason I included it with gravel parking lots is in the agreement that have been through Council and approved by Planning and Zoning in the phase one of these projects gravel parking lot was identified and was considered acceptable because of the agreement that we've signed. I agree a paved parking lot makes a lot more sense than a gravel parking lot because once it started to be used it would be better to be paved. Wardle: Doug. You have any creative revenue thoughts at this point? Or other budgetary sorts of considerations? Strong: As you can see I've included the current park impact fee fund balance as of June 30th of this year. We have a million seven in that park impact fee fund balance. Even if we funded the initial phase green up including paved parking it would still leave several hundred thousand dollars in that account. That does not include projected 06 revenue in the park impact fee account. We did better last year in revenue gathering in park impact fee then what was projected. Wardle: And then all of these are impact fee eligible? Strong: Yes they are. De Weerd: Mr. President. Wardle: Madam Mayor. De Weerd: I guess if I could recommend that on the 25th when you hear the parks budget. We can firm up some of these numbers. I guess what - why I would like to some emphasis is on completing some of these projects that partners have been fundraising for. Kiwanis the Meridian Youth Baseball group whose raised $350,000 and Adventure Island who has raised close to a half Meridian City Pre-Council May 17,2005 Page 10 of 12 million for this project. Those are organizations and partnerships that have put a lot of time and effort and resources into this. PAL is not quite there yet. You know we thought they had more resources then what we are seeing. But these other groups have been very diligent in their effort in not only fund raising but in volunteerism in brining about donated labor. If we could bring those back to Council. So you also see what is being suggested through impact fees for 06. You can see a clear picture and I don't know Doug. Does that give you enough time to also consider how we can bid these out so some of these things can be done this fall when they should be? Strong: I think it does. I might add the reason for the priority order in some sense is that when we look at Kiwanis Park it's in an area where there is developed neighborhood around it and the high school is finished two years ago. Hero's Park is in a rapidly developing area where people are calling and asking when the park will be done. So I put it in order where it seemed to have an impact to the surrounding neighborhoods as well. Wardle: Doug to follow up on some of the Mayor's comments. I certainly these groups are all working very hard and while PAL as may not got as quite far as the rest of the groups. I still think that facility and those activities are very popular with our citizens. So we should at least take a look at considering them separately on their merit but together as a budget request. Strong: I agree. Rountree: Mr. President. Wardle: Mr. Rountree. Rountree: You know I think we have a really neat story here in terms of community partnerships and it would be I think good to get it on paper. You know what these folks have done in terms of volunteerism. The kinds of turnouts they have provided, the amount of funds they have raised and the amount of funds that they have put into the facility. The amount of funds the city has put into the facility to date. And marry to with what it is that we need to do to complete them. And I think we really and truly do need to look at getting these things done as we look at the parks budget this year. De Weerd: Mr. President. Wardle: Madam Mayor. De Weerd: We do have that information pulled together from 2001 through 2005 to date and I can get that to you. Wardle: Thank you very much Doug. Lets move to Item number four. Meridian City Pre-Council May 17, 2005 Page 11 of 12 Item 5. Bid on Park Land and Pathway Development next to Fire Station # 4 by Doug Strong: Strong: Mr. President, Madam Mayor and members of the CounciL I just started looking at this this week once I was aware that we have a responsive bid on Fire Station four and there is some impact to the parkland and pathway development that we've been discussing and partnership with the Fire Department. The reason I put it up this way is that in the budget enhancement that if you've been looking at your budget books for 2006 we projected to develop that little bit of parkland and the pathway it would cost about $26,250 based on a square footage estimate. As the chief mentioned today in our department directors meeting, everything is costing more it seemed like very rapidly throughout the community. I think beginning August cement costs are going to go up six dollars a yard just has an example. So obviously the bids came in higher than it was projected even for the building but the low bid with the add all alternate, the add alternate for the parkland development and that pathway was $33,134. So when we look at that enhancement right away in a couple weeks we are going to be almost $7,000 short in what we projected in the enhancement to do that. So we still certainly want to move ahead and partner with the Fire Department to get that area developed so it's not just a weed patch. So that's what we know today. Wardle: Council any questions or direction for- Rountree: Weill agree with the recommendation Mr. President that we ought to wrap it up and get it done instead of having a small piece out there being an eye sore. Wardle: J agree. Doug how do we do that procedurally? Do we need to make an amendment to your budget can we do that with a motion? Strong: Mr. President, Madam Mayor and members of the CounciL I don't have an answer for that. I'm sure Stacy would. De Weerd: Yes you would have to authorize an amount and an adjustment can be recorded so that the amendments to all of the different activities can be added all at one time. Wardle: And this is time sensitive. Have we accepted the bid on the Fire Station yet? De Weerd: It was last night. Wardle: Do I have a motion to accept? Donnell: Mr. President. Meridian City Pre-Council May 17, 2005 Page 12 of 12 Wardle: Mrs. Donnell. Donnell: I would like to make a motion that we accept the recommendation from our Parks Director and that we authorize the payment of the difference between the budgeted amount and the alternate bid to complete the pathway development for Fire Station four. Rountree: Second. Wardle: It's been moved and seconded to approve the difference between the alternate bid in the budget. All those in favor. Opposed? ALL AYES. MOTION CARRIED Wardle: Thank you very much Doug. Thank brings to the end of our appointed agenda. Do I hear a motion to adjourn? Rountree: So moved. Donnell: Second. Wardle: It's been moved and seconded to adjourn. All in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 7:03 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: i3 / '1 / tJ5 DATE APPR<JM~~~~~IJIIII ........'" "" U'I <-..r(~/;//... ~.... ,y !f1PoR.4 !,f.o ~... i ~ ~o \ j) It:cts.t ~65+- ft;.- puSU c ]JotrC€ MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Chri~tine 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 PRE~COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Council Chambers, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, July 12, 2005 at 6:30 P.M. The Meridian City Council will be discussing the following agenda items: - - Discussion of National Night Out by Bill Musser, - Update on Park Development Projects with Kiwanis, Meridian Youth Baseball, Adventure Island Playground, and Police Athletic League by Doug Strong, - Bid on Park Land and Pathway Development next to Fire Station # 4 by Doug Strong. The public is welcome to attend the meeting. DATED this 8th day of July, 2005. Meridian City Pre-Council Meeting Agenda - July 12, 2005 P All materials presented at public meetings shall become property of the City . 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 HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888-4218 CITY ATTORNEY I HR - FAX 884-8723 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE _ FAX 884-8119 Printed on recycled paper j) IC~ $Q f>os+ -mv ?{~UC No-h'ce CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, July 12,2005 at 6:30 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: 3. Discussion of National Night Out by Bill Musser: (15 minutes*) 4. Update on Park Development Projects with Kiwanis, Meridian Youth Baseball, Adventure Island Playground, and Police Athletic League by Doug Strong: (5 minutes*) 5. Bid on Park Land and Pathway Development next to Fire Station # 4 by Doug Strong: (5 minutes*) * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - July 12, 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. "-p I t( ~ fro+-.f; r" 7uk'jc N o-H ~ CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA Tuesday, July 12, 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 Steve Moore, with Cherry Lane Christian Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Sanitarv Sewer and Water Main Easement Aareement with Touchmark of the Treasure Vallev. LLC for Touchmark Plaza: B. Sanitarv Sewer and Water Main Easement Aareement with Touchmark of the Treasure Vallev. lLC for Touchmark Grand Lodae: C. Streetliaht Aareement with Initial Pointe. LLC for Cobblefield Crossina No.2: D. Development Agreement: AZ 05-009 Annexation and Zoning of 1.06 acres from RUT to L-Q zone for Mike and Gloria Urwin by Mike and Gloria Urwin - 2560 South Meridian Road: E. Water Main Easement Aareement with Cherrv Crossina. llC for Cherrv Crossina Buildino: F. Contract with JUB Enaineers for the Ten Mile Sewer Proiect: Meridian City Council Meeting Agenda - July 12, 2005 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Aareement for Water Ooerator Disinfection Trainina with Brown Environmental. Inc.: H. Temoorarv License and Maintenance Aareement with Central Street Joint Venture for Jabil Soccer Fields: Approve Liauor and Beer Licenses for Tonv Romas - 970 Progress: J. Resolution No. Ratifying the City of Meridian Planning and Zoning Commission Decision to Approve a Street Name Chanae from Fireweed Drive to Orso Drive: K. Aareement with BRS Architects for Water Department Buildina Study: 6. Department Reports: A. Fire Department - Ron Anderson 1. Update on Results of Fire Station # 4 Bids with the Meridian Rural Fire Protection District: B. City Attorney - Bill Nary 1. Bids for Office Remodel at Farmers & Merchants Old Branch Building: Bring Back Bids on July 12, 2005 7. Request for Reconsideration: AZ. 05-020 Request for Annexation and Zoning of 2.3 acres to L-Q zone for Ashtvn Park by David Price - SWC of North Meridian Road and West Ustick Road: 8. Continued Discussion from June 7, 2005: Discussion of Black Rock Subdivision by Brad Watson, Public Works Director: 9. FP 05~039 Request for Final Plat approval of 34 residential building lots and 5 common lots on 9.8 acres in a R-8 zone for Alexandria Subdivision by Lonnie Johnson - 4205 North Locust Grove Road: 10. FP 05-038 Request for Final Plat approval of 9 commercial building lots and 1 other lot on 4.98 acres in a C-G zone for Bonito Subdivision No.3 by Travis Burrows for Dave Evans Construction - 2967 East Copperpoint Drive: Meridian City Council Meeting Agenda - July 12, 2005 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 11. FP 05-040 Request for Final Plat approval of 55 single-family residential building lots and 9 common lots on 11.36 acres in a R-8 zone for Sienna Creek Subdivision No.2 by Sagewood Development, Inc. - north of Ustick Road and North Linder Road: 12. FP 05-041 Request for Final Plat approval of 43 single-family residential building lots and 1 common lot on 9.88 acres in a R-8 zone for Sienna Creek Subdivision No.3 by Sagewood Development, Inc. - north of Ustick Road and North Linder Road: 13. FP 05-042 Request for Final Plat approval for 33 single-family residential building lots and 4 common lots on 6.12 acres in a R-8 zone for Settlement Bridae Subdivision No.3 by Capital Development, Inc. _ SEC of North Locust Grove Road and East McMillan Road: 14. TE 05-006 Request for approval of a one-year time extension to record the final plat for Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of South Meridian Road and West Victory Road: 15. MI 05-007 Request to connect to the city water system as the primary source of irrigation water for Trov Place Subdivision by Pinnacle Engineers, Inc. - 1236 East 2 % Street: "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. " 16. Continued Public Hearing from June 28, 2005: AZ 05-022 Request for Annexation and Zoning of 1.3 acres from RUT to L-Q zone for Touchmark Subdivision by Touchmark of the Treasure Valley - south of East Franklin Road and east of South Eagle Road: 17. Public Hearing: 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: 18. Public Hearing: 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 Bellinoham Park Subdivision by Gemstar Development, LLC - north of Amity Road and east of South Locust Grove Road: 19. Public Hearing: 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 Meridian City Council Meeting Agenda - July 12, 2005 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/orhearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the p~blic meeting. Bellinaham Park Subdivision by Gemstar Development, LLC - north of Amity Road and east of South Locust Grove Road: 20. Public Hearing: 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: 21. Public Hearing: PP 05-019 Request for Preliminary Plat approval of 491 building lots and 67 other lots on 136.72 acresin 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: 22. Public Hearing: 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: 23. Public Hearing: AZ 05-021 Request for Annexation and Zoning of 2.78 acres from RUT to L-Q zone for Redfish Subdivision by Ben Miller _ 4120 North Linder Road: 24. Public Hearing: PP 05-021 Request for Preliminary Plat approval of 5 office building lots and 2 other lots on 2.521 acres in a proposed L-Q zone for Redfish Subdivision by Ben Miller - 4120 North Linder Road: 25. Ordinance No. AZ 05-009 Request for an Annexation and Zoning of 1.06 acres from RUT to L-Q zone for Mike and Gloria Urwin by Mike and Gloria Urwin - 2560 South Meridian Road: 26. Discussion of Proposed Mornina Dove Subdivision located north of Columbia Road and west of South Cloverdale Road: 27. Executive Session per Idaho State Code 67-2345 (1) (f): Meridian City Council Meeting Agenda - July 12, 2005 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at feast 48 hours prior to the public meeting. cM'e;;;;I1~~ 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 I fax 895-0390 Par ks & Recrea tion 11 W. Bower Street 888-3579 I fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 I 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 "",',t(' "\ l' / NOTICE OF PRE-COUNCil MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Council Chambers, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, July 12, 2005 at 6:30 P.M. The Meridian City Council will be discussing the following agenda items: "... Discussion of National Night Out by Bill Musser, - Update on Park Development Projects with Kiwanis, Meridian Youth Baseball, Adventure Island Playground, and Police Athletic League by Doug Strong, - Bid on Park Land and Pathway Development next to Fire Station # 4 by Doug Strong. The public is welcome to attend the meeting. DATED this 8th day of July, 2005. \ t. '\, Meridian City Pre-Council Meeting Agenda - July 12, 2005 Pag;~'l" All materials presented at public meetings shall become property of the City of 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 HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888-4218 CITY AlTORNEY I HR- FAX 884-8723 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE - FAX 884-8119 Printed on recycled paper MRTlON REPORT ** DATE TIME TO/FROM 01 07/08 18: 17 8841159 02 07/08 18: 18 20888413744 03 07/08 18: 19 POLICE DEPT 04 07/08 18:20 8985501 05 07/08 18:21 LIBRRRY 06 07/08 18:22 92083776449 El7 El7/08 18:23 3886924 08 07/138 18:24 P-AND-Z 09 07/08 18:25 208 895 0390 10 07/08 18:26 1283001340 11 07/08 18'27 208 387 6393 12 07/08 18:28 ADA CTY DEVELMT 13 07/08 18:29 2e88865052 14 07/08 18: 30 CHERRY LRNE 15 07/08 18:32 IDFlHO ATHLETIC C 16 07/08 18'33 10 PRESS TRIBUNE 17 07/08 18:34 21388886701 CITy OF MERrDlAN MODE M[N/SEC PGS EC--S 00'30" 001 EC--S 00'313" 0131 EC--S 00'30" 001 EC--S 130'29" 001 EC--S 00'36" 001 EC--S 00'29" 001 EC--S e0'29" 001 EC--S 00'29" 001 EC--g 00'29" 001 G3--S 00' 33" 001 EC--g 00'30" 001 EC--S 00' 30" 001 EC--S 00'29" 001 G3--S 00'45" 001 EC--S 00'30" 001 EC--S 00'29" 001 EC--S 00'29" 001 CMDIl SmTUS 187 OK 187 OK 187 OK 187 OK 187 OK 187 OK 187 OK 187 OK 187 OK 187 OK 187 OK 187 OK 187 OK 187 OK 187 OK 187 OK 187 OK ----------------------------------------------------------------------------------------- ....i'i'i f'...- (J / ~ J. ''\ l...-/VlenaltTll ~ ~f ~"'. ID,~HQ if r,... , '< .......'r"r...."lInl"-V~ tliI,'f =----- UU MA'iOR Tammy de Weerd Crry COUNCil MEMBERS Keith Bird Chril'tine DOnnell Charles M. R(luntl\~e Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin goad 888.1234 / fax 895-0390 P~"'lrkf; &: Rcc(~~Hon 11 W. Bower Street 888-;'\579 I lax 898-5501 Planning 660 E. Watertowe,. Lane Suite 2HZ 884.-5533 / fax 888'6844 POlkc 1401 E. Watertower Lane 8B8.6678 I 846-7366 Public Works 660 E. Wa terloweT Lane Suite 200 898-,5500 / fax 898-9551 - Building 660 E. Walertower Lane Suite 150 ~~7-2211 / fax ~87.12~7 - Wil~tev..'.;]ter 3401 N. Ten Mile Road 888-2191 I f..... 884-07<;\4 - Water 2235 N. W. 8th Slteel ~~1l-524Z / fax 884-1159 P l L:ClS-e- V6.5+ fDv' PlA.SU c fJottc.e NOTICE OF PRE-COUNCIL MEETING NOTICE IS HEREBY GIVEN that the City Council of the City of MERtDIAN CITY COUNCil Meridian will hold a Pre-Council Meeting at City Council Chambers, Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, July 12, 200S at 6:30 P.M. The Meridian City Council will be discussing the fOllOWing agenda items: ~ Discussion Of National Night Out by Bill Musser, ~ Update on Park Development Projects with Kiwanis, Mendian Youth Baseball, Adventure Island Playground, and Police Athletic League by Doug Strong, ~ Bid on Park Land and Pathway Development next to Fire Station # 4 by Doug Strong. DATED this 8th day of July, 2005. The public is welcome 10 attend the mee1ing, ~~~~5~~~~~=r.~;,~~;:,h<o.:E~:~j please contact th.. city Clerk's Office at 888-4433 at le8st 48 hours prior to the public meeting, CrTi' HA1.L 33 EAST IDAHO AVENUE MERlDIAN, IDAHO 83642 (208} 888-4433 ClTYCl FIll( -fAX 686-4216 CJIY hTTO~J'ol~)' II1R-fhXEEHn. I1N"NCe&UT1UTYBIl.l.lNG_FAXSS1_~E13 MAYOR'SOFffCE_PhXlIM.",. Print~ On rt'i'v,.I..r1 "IL"'_~ ** TX . ON REPORT ** AS OF JUL 18: 17 PAGE. 01 CITY OF MERIDIAN DATE T1 ME TO/FROM 31 07/08 18: 15 3810160 32 07/08 18: 16 PUBLIC WORKS MODE M I N/SEC PGS CMDtt STATUS EC--S 00'43" 001 187 OK EC--S 00' 29" 001 187 OK -------------------------------------------------------------------------------------------- "~ t! j) !Cit~ "'P63+- f2,V-' PL-tSU c fJo-h'c.e Df{; (;IT'( O~ endian _.r"\ \' ~~. IDMiO jf Q;",~", ' .< 'i17"lrfi'........:(it~~~ :J-I!:l;~ ~ ltlUJ MAYOR Tammy de Ween~ Crry COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. ROUnt"L~c ShaUll Wardle CITY DEPARTMENTS Fire 540 E. Franklin RO<Jd 88B-1234 / [ax 895-0390 l'i1rk~ & RccrcaHon 11 W. Bowel' Street 888-3579 / fa le 898-5501 I"'lanning 660 E. Watertower Lane Suite 202 884-5533 / fill<; 888-6844 POlice 1401 E. Watertower Lane 888-6678 / 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/ f<Jx, 898-9551 - Building 660 E. Walertowcr Lane Suite 150 887-2211/ fax Bl:l7-12Y7 - Wastew<l!e-r 3401 N. Ten Mile Road 8S8-2191 I fax 884-074:4 - Water 2235 N.W. 8th Street 888-5242 / fa,>; 884-1159 NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian wHl hold a Pre-CounCil Meeting at City Council Chambers, Meridian City Half, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday. July 12, 200S at 6:30 P.M. The Meridian City Council will be discussing the following agenda items: - DiSCUSsion of National Night Out by Bill Musser, - Update on Park Development Projects with Kiwanis, Meridian Youth Baseball, Adventure Island Playgroun~ and POlice Athletic League by Doug strong, - Bid on Park Land and Pathway Development next to Fire Station # 4 by Doug Strong. The pUblic is welcome to attend the meeting, DATED this 6th day of July, 2005. .~ Meridian City Pre-Council Meeting Agenda -July 12, 2005 pa;\.\? All materials presented at public meetings shall become property of the City of Anyone desiring aCCOmmOdation for disabilities related to documents and/or hearings, pfease contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY HALL 33 EAST IDAHO AVENUE MErooIAN, IDAHO 83642 (208) 888-4433 CITy (:T FJll( - FA~ S65-~n~ CITY ATTORN!)Y I tlll - f'Ax 681'5723 J.1Nil.NCc Il: UTIUTY Blr.trNG _ FAX 8&7-4e13 MAYOR'S OFFICE -FAle ~~'.""" Pl.'iJlt~d on te..:vded '\}Al...""y I ** TX CONFli , ION REPORT ** AS OF JUl 08 CITY OF MERIDIAN DATE T I ME TO/FROM MODE M J N/SEC PGS CMD/:I STATUS 24 07/08 18: 08 208 387 6393 EC--S 00'21" 001 186 OK 25 07/08 18:09 ADA CTY DEVELMT EC--S 00'20" 001 186 OK 26 07/08 18 = 10 2088885052 EC--S 00' 22" 001 186 OK 27 07/08 18: 11 CHERRY LANE G3--5 00'39" 001 186 OK 28 07/08 18: 12 IDAHO ATHLETIC C EC--S 08' 21" 001 186 OK 29 07/08 18= 13 ID PRESS TRIBUNE EC--S 00' 21" 801 186 OK ---_:~---~~~~~_:~~:~-=~~~~~~~~:_----------_::===---~~~=~~-~~:_---_:~:_---~~----------------- j) leo. ~ tJos+ -fVv rt-tbuc tJo-Hce CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, July 12, 2005 at 6:30 p.m. City Council Chambers 1. RoII.call Attendance; - Shaun Wardle Christine Donnell - CharHe Rountree === Keith Bird - Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Discussion of National Night Out by Bill Musser: (15 minutes') 4. Updat& on Park Development Projects with KiwanIs, Meridian Youth BasebaJ/, Adventure Island Playground, and POlice Athletic league by Doug Strong: (5 minutes"') 5. BId on Park Land and Pathway Development next to Fire Station # 4 by Doug Strong: (5 minutes"') "Approximate allowable time set for agenda item may change depending on discussion. Please Use the deSignated minutes as a guideline only. Meridian Cily Pre-Council Agenda - July 12, 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. PAGE. 01 IATI ON REPORT ** AS OF -------------------------------------------------------------------------------------------- DATE TIME TO/FROM 12 07/08 17:58 3810160 13 07/08 17' 59 PUBLIC WORKS 14 07/08 18:00 8841159 15 07/08 18' 00 208S840744 16 07/08 18:01 POLICE DEPT 17 07/08 18'02 8985501 18 07/08 18:03 LIBRARY 19 07/08 18:134 92083776449 20 07/08 18'04 3886924 21 1217/1218 18:1215 P-AND-Z 22 07/138 18'136 208 895 0390 23 07/08 18:07 IDAHO ATHLETIC C CITY OF MERIDIAN MODE MIN/SEC PGS EC--S 1313' 313" 001 EC--S 0121' 21" 0131 EC--S 00' 21" 12101 EC--S 00'21" 0131 EC--S 00' 21" 001 EC--S 00'21" 001 EC--S 00'22" 1301 EC--S 00'21" 001 EC--S 00'20" 1301 EC--S 00' 20" 001 EC--S 00' 20" 001 EC--S 00' 21" 001 CMDIl STATUS 185 OK 185 OK 185 OK 185 OK 185 OK 185 OK 185 OK 185 OK 185 OK 185 OK 185 OK 185 OK VleCA Se Vost -fOv'VubUc N'o--h'ce. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA 1. RolkalJ Attendance: Tuesday, July 12, 2005 at 6:30 p.m. City Council Chambers Shaun Wardle _ Christine Donnell -== Charlie Rountree Keith Bird - Mayor""Tainmy de Weerd 2. Adoption ofthe Agenda: 3. Discussion of National Night Out by Bill Musser; (15 minutes"') 4. Update on Park DevQlopOlent Projects with Kiwanis, Meridian Youth Baseball, Adventure Island Playground, and PolieQ Athletic league by Doug Strong; (5 minutes"') 5. Bid on Park land and Pathway Development next to Fire Station # 4 by Doug Strong: (5 minutes"') "'Approximate allowable time set for agenda Item may Change depending on discussion. Please Use the designated minutes as a guideline only_ Meridian City Pre-Council Agenda - Jury 12. 2005 Page 1 of 1 All materials presented at pUblic meetings shall become property of the City of Meridian. Anyone desiring accommodation far disabilities related to documents and/or hearings, please contaCl the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA Tuesday, July 12, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: -L Shaun Wardle ~ Charlie Rountree X Christine Donnell Q Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Pastor Steve Moore, with Cherry Lane Christian Church: 4. Adoption of the Agenda: Approve as Amended 5. Consent Agenda: A. Sanitarv Sewer and Water Main Easement Aareement with Touchmark of the Treasure Vallev. LLC for Touchmark Plaza: Approve B. Sanitary Sewer and Water Main Easement Aareement with Touchmark of the Treasure Vallev. LLC for Touchmark Grand Lodae: Approve C. Streetliaht Aareement with Initial Pointe. lLC for Cobblefield Crossina No.2: Approve D. Development Agreement: AZ 05-009 Annexation and Zoning of 1.06 acres from RUT to L-Q zone for Mike and Gloria Urwin by Mike and Gloria Urwin - 2560 South Meridian Road: Approve E. Water Main Easement Aareement with Cherrv Crossina. LLC for Cherry Crossina Buildina: Approve F. Contract with JUB Enaineers for the Ten Mile Sewer Proiect: Approve Meridian City Council Meeting Agenda - July 12, 2005 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Aareement for Water Ooerator Disinfection Trainina with Brown Environmental. Inc.: Approve H. Temoorarv License and Maintenance Aareement with Central Street Joint Venture for Jabil Soccer Fields: Approve Approve Liauor and Beer Licenses for Tonv Romas - 970 Progress: Approve J. Resolution No. 05-479 : Ratifying the City of Meridian Planning and Zoning Commission Decision to Approve a Street Name Chanae from Fireweed Drive to Orso Drive: Approve K. Aareement with BRS Architects for Water Deoartment Buildino Studv: Approve 6. Department Reports: A. Fire Department - Ron Anderson 1. Update on Results of Fire Station # 4 Bids with the Meridian Rural Fire Protection District: Presented B. City Attorney - Bill Nary 1. Bids for Office Remodel at Farmers & Merchants Old Branch Building: Approve Not to exceed $6,000.00 2. Proclamation: Parks and Recreation Month: C. Mayor's Report 1. Appointment of City Engineer Len Grady: Approve 7. Request for Reconsideration: AZ 05-020 Request for Annexation and Zoning of 2.3 acres to L-O zone for Ashtvn Park by David Price - SWC of North Meridian Road and West Ustick Road: Approve Reconsideration and Renotice Public Hearing for August 9, 2005 8. Continued Discussion from June 7, 2005: Discussion of Black Rock Subdivision by Brad Watson, Public Works Director: 9. FP 05-039 Request for Final Plat approval of 34 residential building lots and 5 common lots on 9.8 acres in a R-8 zone for Alexandria Meridian City Council Meeting Agenda - July 12, 2005 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Subdivision by Lonnie Johnson - 4205 North Locust Grove Road: Approve 10. FP 05-038 Request for Final Plat approval of 9 commercial building lots and 1 other lot on 4.98 acres in a C-G zone for Bonito Subdivision No.3 by Travis Burrows for Dave Evans Construction - 2967 East Copperpoint Drive: Approve 11. FP 05-040 Request for Final Plat approval of 55 single-family residential building lots and 9 common lots on 11.36 acres in a R-8 zone for Sienna Creek Subdivision No.2 by Sagewood Development, Inc. - north of Ustick Road and North Linder Road: Approve 12. FP 05-041 Request for Final Plat approval of 43 single-family residential building lots and 1 common lot on 9.88 acres in a R-8 zone for Sienna Creek Subdivision No.3 by Sagewood Development, Inc. - north of Ustick Road and North Linder Road: Approve 13. FP 05-042 Request for Final Plat approval for 33 single-family residential building lots and 4 common lots on 6.12 acres in a R-8 zone for Settlement Bridae Subdivision No.3 by Capital Development, Inc. - SEe of North Locust Grove Road and East McMillan Road: Approve 14. TE 05-006 Request for approval of a one-year time extension to record the final plat for Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of South Meridian Road and West Victory Road: Approve 15. MI 05-007 Request to connect to the city water system as the primary source of irrigation water for Trov Place Subdivision by Pinnacle Engineers, Inc. - 1236 East 2 % Street: 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." 16. Continued Public Hearing from June 28, 2005: AZ 05-022 Request for Annexation and Zoning of 1.3 acres from RUT to L-Q zone for Touchmark Subdivision by Touchmark of the Treasure Valley - south of East Franklin Road and east of South Eagle Road: Approve 17. Public Hearing: 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 - Prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Meeting Agenda - July 12, 2005 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 18. Public Hearing: 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: Approve - Prepare Findings of Fact and Conclusions of Law for Approval 19. Public Hearing: 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: Approve - Prepare Findings of Fact and Conclusions of Law for Approval 20. Public Hearing: 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 - Prepare Findings of Fact and Conclusions of Law for Approval 21. Public Hearing: 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 - ~repare Findings of Fact and Conclusions of Law for Approval 22. Public Hearing: 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 - Prepare Findings of Fact and Conclusions of Law for Approval 23. Public Hearing: AZ 05-021 Request for Annexation and Zoning of 2.78 acres from RUT to L-O zone for Redfish Subdivision by Ben Miller - 4120 North Linder Road: Approve Findings of Fact and Conclusions of Law for Approval 24. Public Hearing: PP 05-021 Request for Preliminary Plat approval of 5 office building lots and 2 other lots on 2.521 acres in a proposed L-O zone for Redfish Subdivision by Ben Miller - 4120 North Under Road: Approve Findings of Fact and Conclusions of Law for Approval Meridian City Council Meeting Agenda - July 12, 2005 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 25. Ordinance No. 05-1166 : AZ 05~009 Request for an Annexation and Zoning of 1.06 acres from RUT to L-Q zone for Mike and Gloria Urwin by Mike and Gloria Urwin - 2560 South Meridian Road: Approve 26. Discussion of Proposed Mornino Dove Subdivision located north of Columbia Road and west of South Cloverdale Road: Discussed 27. Executive Session per Idaho State Code 67~2345 (1) (f): No Decision Meridian City Council Meeting Agenda - July 12, 2005 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. CITY OF MERIDIAN CITY COUNCil MEETING AGENDA Tuesday, July 12, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: >< Shaun Wardle X Christine Donnell += Charlie Rountree -D- Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Pastor Steve Moore, with Cherry Lane Christian Church: 4. Adoption of the Agenda: t7'j7f"1t9VLL-- VLJ a~~N 5. Consent Agenda: A. Sanitarv Sewer and Water Main Easement Aareement with Touchmark of the Treasure Vallev lLC for Touchmark Plaza: Pifp/P~ Sanitarv Sewer and Water Main Easement Aareement with Touchmark of the Treasure Vallev. LLC for Touchmark Grand Lodae: arl'..y-(lVf.C Streetliaht Aareement with Initial Pointe. LlC for Cobblefield Crossina No.2: app ro V'e.- Development Agreement: AZ 05-009 Annexation and Zoning of 1.06 acres from RUT to L-Q zone for Mike and Gloria Urwin by Mike and Gloria Urwin - 2560 South Meridian Road: ~f1Y'7~ Water Main Easement Aareement with Cherrv Crossina. lLC for Cherrv Crossino Buildina: vr t f?:Jvt<- Contract with JUB Enoineers for the Ten Mile Sewer Proiect: wj? IVOtAR- B. C. D. E. F. Meridian City Council Meeting Agenda - July 12, 2005 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Aareement for Water Ooerator Disinfection Traininq with Brown Environmental. Inc.: a ffY'V (I'L.- H. Temoorarv License and Maintenance Aareement with Central Street Joint Venture for Jabil Soccer Fields: a j? ~ l/1-<..-/ Approve Liquor and Beer Licenses for Tonv Romas - 970 Progress: wj?~V...e.....- J. Resolution No. &5- f 7 9 Ratifying the City of Meridian Planning and Zoning Commission Decision to Approve a Street Name Chanqe from Fireweed Drive to Orso Drive: Cv 1flYi' \.^--L- K. Aareement with BRS Architects for Water Deoartment Buildina Study: afflY'r!?V'J-" 6. Department Reports: A. Fire Department - Ron Anderson 7. 1. Update on Results of Fire Station # 4 Bids with the Meridian Rural Fire Protection District: jOt'e.S-!/;v(-.ect-- B. City Attorney - Bill Nary 00 .. f) Ie atfJ.. f"'(1/IV /Lot fa .e)C c.e e tL ./I t/ 0 CJ ~ - 2 - f'r 0 vI<< #h.:vh ()yV '. I .a-v. ~ 1. Bids for Office Remodel at Farmers & Merchants Old 'f/2e~~ Branch Building: Bring Back Bids on July 12, 2005 ./ ~()hi("'- (J -- I11Ji~V ~/(J'7-1 1- ;fpln;/j"..fm.eIW~~{/" ~/'{I.R'er- --l-.e'l eradvt Request for Reconsideration: AZ 05-020 Request for Annexation and A.-ffYri?e... Zoning of 2.3 acres to L-O zone for Ashtvn Park by David Price - SWC of North Meridian Road and West Ustick Road: ~ IA L._ _ g _Pi 7P S" al'flY"'2(1'-e.- re C<.mS"I'(:;U.,.,aI-; ~ f reit-oncujJ T/lY (..-; Continued Discussion from June 7, 2005: Discussion of Black Rock Subdivision by Brad Watson, Public Works Director: 8. 9. FP 05-039 Request for Final Plat approval of 34 residential building lots and 5 common lots on 9.8 acres in a R-8 zone for Alexandria Subdivision by Lonnie Johnson - 4205 North Locust Grove Road: ap~vu---- FP 05-038 Request for Final Plat approval of 9 commercial building lots and 1 other lot on 4.98 acres in a C-G zone for Bonito Subdivision No.3 by Travis Burrows for Dave Evans Construction - 2967 East Copperpoint Drive: /Vj" flY'? V'<..--- 10. Meridian City Council Meeting Agenda - July 12, 2005 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 11. FP 05-040 Request for Final Plat approval of 55 single-family residential building lots and 9 common lots on 11.36 acres in a R-8 zone for Sienna Creek Subdivision No.2 by Sagewood Development, Inc. - north of Ustick Road and North Linder Road: ftr~~ 12. FP 05-041 Request for Final Plat approval of 43 single-family residential building lots and 1 common lot on 9.88 acres in a R-8 zone for Sienna Creek Subdivision No.3 by Sagewood Development, Inc. - north of Ustick Road and North Linder Road: ~vu- 13. FP 05-042 Request for Final Plat approval for 33 single-family residential building lots and 4 common lots on 6.12 acres in a R-8 zone for Settlement Bridoe Subdivision No.3 by Capital Development, Inc. - SEC of North Locust Grove Road and East McMillan Road: ~VL-L- 14. TE 05-006 Request for approval of a one-year time extension to record the final plat for Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of South Meridian Road and West Victory Road:~~vu:----' 15. MI 05-007 Request to connect to the city water system as the primary source of irrigation water for Trov Place Subdivision by Pinnacle Engineers, Inc. -1236 East 2 % Street: VVfff'19~ "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. 1J 16. Continued Public Hearing from June 28, 2005: AZ 05-022 Request for Annexation and Zoning of 1.3 acres from RUT to L-Q zone for Touchmark Subdivision by Touchmark of the Treasure Valley - south of East Franklin Road and east of South Eagle Road: apprt:Jvz.L. 17. Public Hearing: 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: t%-,~ IN- -;rr-ef Vf/tL .,p1,c-f. c/ ~ -/zrr .wrr-rrt'vv...L- 18. Public Hearing: 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 !..qcust Grove Road: tv ~ f>IP vo.(... ~ f'1'ep ~ :fl~ -I cl-e fj.A y- aflfv29 VM-- 19. Public Hearing: 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 Meridian City Council Meeting Agenda - July 12, 2005 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/orl1earings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the p~blic meeting. Bellinaham Park Subdivision by Gemstar Development, LLC - north of Amity Road and east of South Locust Grove Road: ~ ~;o h V\Z - j9"11ep ~ PI;:' l' cJ..-r h-v w~v 20. Public Hearing: 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: tiJ'rjlY'YlV'( -- fJrejJA/t.C .flf-1 cf.-< fVr p'jiflrorJ. 21. Public Hearing: PP 05-019 Request for Preliminary Plat approval of 491 building lots and 67 other lots on 136.72 acresin 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: vvtrr.e- - ~~/WK- --//~ -t v-I'-< ~a-I'rro~ 22. Public Hearing: 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: eiyfJr9lM- - fin fJ~ .,&/,;: ~ ~/...{ .,cz,.r ^'f jYY"'tJ ~ 23. Public Hearing: AZ 05-021 Request for Annexation and Zoning of 2.78 acres from RUT to L-Q zone for Redfish Subdivision by Ben Miller - 4120 North Linder Road: ~tf1'tJv-L ';;/f-ic/...f .fVy-~VA.10 24. Public Hearing: PP 05-021 Request for Preliminary Plat approval of 5 office building lots and 2 other lots on 2.521 acres in a proposed L-Q zone for Redfish Subdivision by Ben Miller - 4120 North Linder Road: QCpj?ro~ r/,L.fc;/..{ ,4n- a-p-pruv-~ 25. Ordinance No. t/ 6 - /1 6 6 AZ 05-009 Request for an Annexation and Zoning of 1.06 acres from RUT to L-O zone for Mike and Gloria Urwin by Mike and Gloria Urwin - 2560 South Meridian Road: ~V'-<- 26. Discussion of Proposed Mornina Dove Subdivision located north of Columbia Road and west of South Cloverdale Road: d/1" Ch-fH,c 27. Executive Session per Idaho State Code 67-2345 (1) (f): Meridian City Council Meeting Agenda - July 12, 2005 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888.4433 at least 48 hours prior to the public meeting. July 8, 2005 MERIDIAN CITY COUNCil MEETING APPLICANT July 12,2005 ITEM NO. 8 REQUEST Continued Discussion from June 7, 2005: Discussion of Black Rock Subdivision by Brad Watson, Public Works Director 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: SEfTlERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Minutes syJJ jvJ.~rr Contacted: Emailed: Date: Stoff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Meridian City Council June 7, 2005 Page 21 of 56 Item 9: Continued Discussion from May 17,2005: Discussion of Black Rock Subdivision by Brad Watson, Public Works Director: De Weerd: Okay. Thank you, counsel. Item 9 is a continued discussion regarding Slack Rock Subdivision. Brad. Watson: Thank you, Madam Mayor and Council Members. J will try not to cover a lot of ground that we did three weeks ago. Three weeks ago I believe I was asked to go back and gather some more information and put together some bullet points of the pros and cons of the proposed Black Rock Subdivision that's located in our referral area. Those pros and cons would be in terms of the different scenarios for providing city services, as well as looking at some land use and transportation considerations. I handed out a hard copy to you tonight listing those things. There are three options, three realistic options on how the city could proceed. The one thing I want to point out is that we do have the singular issue of whether to provide water to this proposed project that has approval through Ada County or to allow United -- or just simply let United Water extend service to this subdivision, which has already been approved by the PUC. The bigger picture issue is whether or not we incorporate this formally into our planning, whether that's water, sewer, land use, transportation planning into the city. I think what is decided on the singular issue of providing water and/or sewer to this area really drives that approximately three square mile area that's bounded by Locust -- is that right? Locust Grove Road on the west, Columbia on the south, and that quarter mile -- quarter mile west of Cloverdale on the east, up to a quarter mile south of Amity. The photo that is on the screen right now shows that area. That area has the different colors and it's colored according to what the a_ssessor's office has designated it as, whether it's residential, agricultural, bare land, et cetera. In addition to the pros and cons, there is a third sheet attached to my handout that talks about the number of lots, the number of acres that are in these different categories. I did a rather rough analysis of what the estimate in tax revenue is on that existing area out there and just on the residential plated lots, which would be around 50,000 dollars per year. The existing median assessed value on the residential is around 240,000. There are seven to eight recorded subdivisions in this area. Most of them have rather large acreages. There are a few that are small cluster type. They account for less than I thought they would. They are really only around 350 acres out of the total 1,860. Only three of those recorded subdivisions are nonfarm, which means they have additional acreage within that plat that can be developed once central services are there. Also, on that sheet you will see, again, a rather rough estimate of what the ultimate property tax revenue would be at the city's current mill rate, mill levy, which ranges from around 900,000 dollars a year at an assumed density of one per acre up to 1.8 million per year with a density of two per acre. It appears that little of this is potentially commercial, so I didn't include any of that in those projections. Please stop me if you have any questions. I'm just going to kind of keep rambling. If I'm covering information that is old or you have already heard, just let me know. On the pros and cons on the three options we went through last time, the first one we talked about operation of a satellite water system by the city. This would allow the City of Meridian to maintain a presence in that area and, theoretically, keep United Water in Boise city's area of impact. There would be minimal capital cost as well with this type of installation. Meridian City Council June 7, 2005 Page 22 of 56 Conversely, if this one -- if we agree to do it for this one, I think we can be sure additional proposals would be forthcoming. The user fees that we had in place for the general city I don't think would be sufficient to cover the cost of a satellite -- operating a satellite system. Didn't do an analysis, but it seems to be a fairly safe assumption, I think. There would be additional testing, monitoring, and some duplication of federal requirements in terms of reporting. I'm not sure that we can implement different rates. That's probably simply a legal question. We need to review those plans before the developer constructs those if we are to operate it. There was some discussion about a well and some water rights and who would own those and how would those be conveyed ultimately to the city. The second option was extension of both sewer and water to this development. It allows us to keep this in our planning area. We do, actually, have sufficient water supply to serve this area. There is -- there would be some significant off-site costs and there has been no discussion on who would bear those. It appears that there would be in the order of 300 to 400 thousand dollars of off-site water line costs to get to the outer boundary of the Slack Rock Subdivision. There are several development applications between the existing Tuscany development and the northern boundary of this development that are pending. They have been at Planning and Zoning, they have not been before you. If those are approved, our sewer capacity on the Ten Mile trunk is whittled down to around 200 to 300 units, which would really, probably, only be enough to serve this development ultimately. The third option was to not provide water at this time, let United Water come over and serve this subdivision that would develop as a cluster sub with its own on-site wastewater treatment system. This allows the developer to proceed. The city could retain this portion of the referral area and potentially include it in the area of impact at a future date. As 1 said three weeks ago, the timeline}or providing sewer to this area is dependent on a number of dominoes which begins with the Ten Mile interchange, 1 believe, and the intervening development between roughly Ten Mile and 1-84 at this site, which is, oh, three to four miles away. There is some administrative issues, negatives, with this proposal, if we do sewer in the future with United Water present, we will have billing concerns. There really is no -- as far as I know, any precedent for taking over a United Water system once they have been established in a development. And the other con as far as the developer is concerned is I think this would limit his ability to redevelop anything beyond his initial cluster subdivision. The other one that I don't have down here as a negative is that there would, obviously, I think, be additional developments that come in under this scenario if we did approve it with United Water -- or 1 guess we are not approving anything, but if we let this go with United Water with the intent to ultimately serving it with sewer, I'm sure other applications would be right behind this one. As was shown in this -- in the mapping that's on the screen, there is a significant amount of agricultural land -- even the stuff that's purple and called it residential by the assessor, is really -- maybe a house is on there or something. It is largely undeveloped. A very simple and quick look at the transportation issues. On the plus side Eagle Road will be widened to five lanes all the way to Victory Road in 2007. This is a mile and a half north of Slack Rock's northern boundary and the intersection of Eagle and Victory will be signalized that same year. On the con side, all section line roads within one mile of the project are two lane rural sections and there are no other significant roadway projects in ACHD's five-year work program in this area. Land use -- and the first pro I have there I'm not sure is really true Meridian City Council June 7, 2005 Page 23 of 56 in light of what I just said. A lot of this is not in relatively small parcels. There is a distribution of -- there are quite a few small parcels, but there are really -- there are quite a few tracks of larger areas as well that could be redeveloped. And, similarly, the bullet -- the first bullet point on the con side I'm not sure that that is extremely accurate, but there are some large tracts. I think the stuff that has been platted so far, the large acreages, has little potential to develop, but, as I said, it surprised me, there is only about 350 acres out of nearly 1,800 that meets that. This is no new concept to you, when we are serving less dense developments; the cost of services per dwelling is proportionately higher than in what we consider urban density development. Future land use, right along with that, this will likely develop to lower density. What has developed out there is -- is lower density. There are some cluster subdivisions that had lots in the order of an acre, acre and a half. The city would retain the ability to include this in the tax base upon future annexation, whether or not we have services there. The concern is that this raises a potential similar to the southwest Boise area regarding annexation of the existing development. As I said very early on, there is likely little commercial development in this area. With that, I would be happy to answer any questions. I hope that's more information than you really wanted. I couldn't think of anything else to throw at you. So, with that I'll answer questions. De Weerd: And I guess, Brad, I would have a question as far as the area -- I know this is kind of a difficult area and certainly one at the very corner. Is -- is bringing services out here in the best interest? Does it seem like this might be an area best left in the County? And I apologize, because I wasn't here for your original discussion, but how is serving that entire area, in addition to this -- this particular item? Watson: Madam Mayor, this area has been in our sewer master plan for at least ten years and these trunks have been extended down into the vicinity of this corner. Our water system master planning is -- is a little more -- we currently have planned down to the area of impact, but it's a very stepwise master planning system that we use where it could be extended down simply into our grid -- normal grid system. If this was to be served by Boise city, ultimately I believe they would have to pump over into the Cloverdale trunk, at least this western portion, whereas, this would all be served by gravity by Meridian ultimately. De Weerd: Council, any questions? Donnell: Madam Mayor? De Weerd: Yes, Mrs. Donnell. Donnell: First of all, Brad, thank you for this. This was exactly what we asked for and then some, because we did say, you know, put it down in black and white what the pros and cons are of each one of those and so I labeled these A, B, and C on those options and, you know, my limited knowledge and experience with water and sewer, other than I'm glad I have them, is that -- is that I really don't know, but this gives me at least a base of making a decision that I will feel comfortable with. And having said that, I don't Meridian City Council June 7, 2005 Page 24 of 56 like option C and I think option B, of course, is expensive at this point, but it seems like in my mind that it's down the road -- it's in the future and so it's just my opinion for whatever it's worth, I like option A. Now, for the public option A was the operation of a satellite water system by the City of Meridian. Thank you. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Again, thank you, Brad, for all of the information. I -- since we are really looking for opinions at this point from the Council, I disagree with Mrs. Donnell's opinion on option A and I would, actually -- we are really setting policy decision here and I think it's an important policy decision. At this current time I think we are in a situation where we have got -- we have got a property owner that already -- that is -- that has gone out and sought service from a utility and we have opposed that and had a ruling against what we thought was best practice and so I think we need to deal with that, but I don't necessarily want to -- want to remove this area from our referral area, because at some point when we have some increased capacity for the service -- for sewer service, I think it might make sense for a future council to decide whether they'd like to annex that property, so -- in that case, I would prefer option C, which would be to allow -- essentially, to allow this parcel to be serviced by United Water, which was the Public Utility's ruling. De Weerd: Thank you. Any other comments from Council? Okay. Brad, have you talked to United Water on option C and about turning over service or how that relationship might work?- Watson: Madam Mayor, no, I have not asked them that question. I guess I should ask them the question. I already know the answer, but I can if you wish. What they do in Boise city is -- is this system where they operate the water utility and Boise city operates the sewer utility, so I'm sure they wouldn't have any problem with that. De Weerd: I have asked the question. Mr. Rountree. Rountree: Brad, on that point, one of the cons against that is the ability to administer a turn off and not paying sewer fees. How does Boise work that with United Water? Do they have some kind of an agreement? Watson: Madam Mayor and Councilmember Rountree, Council Members, they publish the names in the Statesman for delinquent accounts. They are not turn off by United Water. In fact, if I may add a point of interest, the University of Idaho's student -- engineering students devised a mechanism to go in the sewer line to turn people's sewer off. I'm not sure that that met with great success, but I haven't heard it being used a whole lot. De Weerd: That would get instant attention. Meridian City Council June 7, 2005 Page 25 of 56 Watson: It was in the paper one day. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Yeah. And, actually, the city of Boise patented that product and they do use it. Watson: Oh, do they? Nary: They use it fairly often in shutting off sewers. But that's just sewers, not water. United Water does the water. De Weerd: There you go. A whole new pleasurable experience. Dan, did you have anything you wanted to comment on? Wood: Mayor and the Council, I appreciate, you know, all of Brad's work. I got to take a look at this a little earlier. You know, of course, my option would be B. But I understand -- you know, I was glad to see at least option B there. I did like the little part there, one of -- well, I guess one of the positive sides of one of the cons there is he said there was a little sewer capacity. So, you know, because what I was hoping maybe if at all possible, that with the 44 lots, we'd love to be able to service it off of city sewer and that way for just the 44 lots. You know, looking at the plans here, you know, we are -- ACHD is planning on widening Eagle Road in 2007. Hopefully, that is going to be coming along. You know, the question -- I guess part of the -- you know, it's just a rough guess, I'm sure, or an idea what the cost would be to bring water, you know, from the City of Meridian, we didn't project that it would be that much, but, you know, again, that would be something that we could be definitely entertaining if it was something that we could work out with you guys. You know, it's going to be a nice area. I mean part of the contour of this ground, you know, with what Brad was saying to the west really -- that's probably the ground that would be easiest to sewer back to Boise, just because there is a big bench across there and it's probably 50, 75 feet higher than Eagle Road. So, hopefully, the sewer, it would be -- shoot it all the way back. You know, I was a little surprised, I thought the long-term planning for this area was closer to three units an acre, but with calculations here one to two, I could see that potentially it would be something totally different than what Meridian has elsewhere, meaning the density would be a lot lower, a lot of large lots and what we are finding, there is a lot of people that want large lots that's not necessarily good for the city taxwise. But it sure seems like a lot of people would like to see larger lots, so -- De Weerd: Any questions of Mr. Wood? Bird: I have none. Thank you. Wood: Thanks. Meridian City Council June 7,2005 Page 26 of 56 De Weerd: Thank you. Okay. Council, do you need any further information from staff? I know they would like direction on what way to go on this. And I'm sure the folks in the audience would Jove to go home tonight at some point. Rountree: But not Frank. De Weerd: Frank always hangs in until the very last minute. We love you, Frank. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'm going to ask the same question J asked on May 17th. What's your recommendation, Bradley? Watson: Madam Mayor, Councilmember Bird, I'm really not trying to be obstinate about this, I guess. I can provide recommendations as far as water and sewer, but this really feels like a land policy decision that I'm not sure I'm comfortable recommending. What would be the most logical for the city would, obviously, be option B if we could do it. We can do the water. We can extend the water. There is a cost associated with it. There is little sewer capacity out there to serve anything other than this property. Option A is not real palatable, because we will, obviously, need more staff to operate not only this satellite system, but others that are sure to follow. I'm not sure that's real cost effective. Option C in the very short term that sounds great, in the long term I'm concerned about that -- that marriage between utilities. It does -- it has worked. You know, it depends on who you talk to in Boise city whether it's successful or not. The perfect world would be what we would do. But there is going to be another project right behind this one where we are having the same discussion and I can't provide sewer to it. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'm with you, Brad, on option B, because, you know, you can get water out there. I have a problem with the sewer. That is a natural flow to us. If the developer would agree to put his sewer system in -- his little satellite sewer system to our specifications, I would be -- I would be more favorable, put it that way, as long as he met our specifications, so that when we do sewer out there, all you have to do is just hook in. But being a developer and we have no control over that, I mean if it -- if it don't pencil out for him, he's not going to do it, and we are going to get maybe a substandard sewer system to hook into, or we will have to go back in there and redo it all. That's my one concern and I am definitely not for letting United Water in any of our area of impact. Watson: Madam Mayor, if -- I hate to prolong this, but if you'd like us to get together with Mr. Wood and investigate some sort of arrangement about sewer and how that Meridian City Council June 7, 2005 Page 27 of 56 plan review wouJd occur and maybe some cost arrangements on extension of water line, J'm more than willing to do that. I know he's got a sense urgency to get this developed, but we have got time. He may not have time, but I am more than willing to meet with him and talk about some of those things if you would like us to. De Weerd: Well, we meet again in two weeks. Would that give you some time to come back and update Council? Watson: Madam Mayor, we will be -- J will be out of town with some of you next week and I have a week of vacation scheduled after that. Donnell: Oh, you can't go on vacation. Madam Mayor. De Weerd: Vacation? Watson: Finally. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: And, Frank, please don't publish this, but I think it's time for the Council to get off the pot. Bird: I agree with you. Donnell: I think we need to make a decision one way or the other and not bring staff back again for -- to have them wrestle through these same issues. So, having said that -- De Weerd: You could have cut bait. Donnell: J liked the sewer comment better. Don't you report that. So, having said that, I would make a motion that we instruct staff to go forward with option 8, which is the extension of sanitary sewer and domestic water to Black Rock and I guess we will find some way to pay for it. De Weerd: We have a motion on the floor to approve Item B. Do I have a second? Okay. That motion would die for lack of a second. Or fails. It doesn't go anywhere. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council June 7, 2005 Page 28 of 56 Rountree: I'll make a motion, but I need an answer from Mr. Wood, if you don't mind. What's the criticality of a decision timing wise? I know you wanted it a couple of months ago, but -- Wood: The sooner the better, but, obviously, I want to -- I want to see it be a Meridian subdivision. Rountree: You're already selling lots. Wood: No. We -- Rountree: Close. Wood: We are giving information, but we are not doing anything more than that. Too much of a nightmare. Rountree: And are you willing to explore public-private partnerships on both these kinds of systems that we need in terms of you're willing to commit some of your resources to make it happen? Wood: Definitely. We would be more than happy to do that. Rountree: Okay. And I'm not going to commit you to an amount, but you're already committed, so -- Madam Mayor, I'm going to move that along the lines of what the Public Works director has just indicated, that the city direct staff to work with the applicant to explore a public-private partnership that would address either the extension of or development of a domestic water supply for this potential future subdivision and that they further work through the design specifications for an internal to the subdivision sewage treatment facility that could ultimately be gravity fed into the ultimate extension of sewer -- Meridian sewer trunk lines and not committing to a date certain of when that hook-up might take place. Bird: Before I second that, have you got a time limit to come back for Mr. Woods? A time limit, give it a month? Rountree: I have no time limit in that it's a matter of coordinating between the staff and Mr. Woods as far as the development goes. De Weerd: Okay. We have a motion on the floor. Please don't ask me to repeat it. Bird: Before I second that, I want to know what he said. I'll second it. De Weerd: Okay. So, we have a motion and a second to approve item A with the stipulation of the public-private partnership and the details would come back to Council at a later date. Meridian City Council June 7, 2005 Page 29 of 56 Wardle: Item A or Item B? Bird: Item B. Rountree: Madam Mayor, I guess a point of clarification. It would be item option B. I would add to that motion if there is no ability to reach consensus or agreement, that the city final ultimate solution would be Item C -- option C., Upon not reaching consensus. De Weerd: Okay. Rountree: To deal with this issue and get something done. Donnell: Madam Mayor, before we take a vote, Councilman Rountree, if you hadn't of added that last part on there I would have supported your notion, but at this point in going to option C, I can't support that, so just to let you know. I liked it to begin with. Rountree: You can make an amended motion. Donnell: I wouldn't even dare try. De Weerd: Any further discussion? And I guess I would -- oh, not comment. Mr. Berg, will you, please, call roll? Roll-Call: Bird, nay; Rountree, yea; Wardle, nay; Donnell, nay. MOTION FAilS: ONE AYE. THREE NAYS. De Weerd: Okay. It's an interesting evening. Do I have another attempt? Donnell: Mr. Rountree, don't you want to make that motion again? Rountree: For discussion, I don't mind making the motion again, minus the alternative, but it seems to me that if we don't reach consensus, we need to have a solution. So, where do we go? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: And, Councilman Rountree, I would agree, I think that we have to have some kind of -- somewhere to go, but I think, then, we cross that -- we cross the bridge then. And at this point right now at least we can get them going and begin to have some kind of resolution to this and if that doesn't happen, then, it comes back to us and at that point, then, we look at our options again. Meridian City Council June 7, 2005 Page 30 of 56 De Weerd: So, the added on, instead of item C, would be that it would come back to Council for further discussion. Bird: The motion was -- his original motion -- excuse me. His original motion covered that, basically, if they had an impasse it would come back to -- it would come back to us automatically. Donnell: Right. De Weerd: Okay. Rountree: Madam Mayor, I will amend my original motion by striking the reference to if no consensus is reached that it would move forward with option C, that if no consensus is reached that it comes back before the Council and that would be on the July 12th regularly scheduled meeting. Donnell: Second. De Weerd: Okay. I don't need you to amend it, but just in the motion, since the other one failed, so -- okay. The motion is to do what Councilmember Rountree said the first time, but without the condition, and to come back on July 12th if it doesn't -- if all the details can't be worked out. Correct. Donnell: Yes. De Weerd: Okay. Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, nay; Donnell, yea. MOTION CARRIED: THREE AYES. ONE NAY. Berg: Madam Mayor, if I just could ask -- do you want me to tentatively put that on the agenda for the 12th or would you like a report back from Brad saying it's worked out or -- I don't want to -- De Weerd: Let's have a report on the 12th. Berg: Okay. I just don't want it to fall through and you don't know what's going on. Thank you. Item 10: FP 05-033 Request for Final Plat approval of 78 single-family residential building Jots and 12 common lots on 24.12 acres in a R-8 zone for Cedar Sorinas Subdivision No.8 (preliminary platted as Cedar Springs North) by Howell-Murdoch Development Corporation - south of McMillan Road and west of Meridian Road: *'*' TX CONF I RMh I iON REPORT *'* AS OF JUL 14 '\::lS 13: 18 PAGE. 01 CITY OF MERIDIAN DATE TI ME TO/FROM 02 07/14 13: 07 IDRHO ATHLETIC C 03 07/14 13: 15 3810160 MODE M I N/SEC PGS CMDif STRTUS EC--S 01' 24" 004 236 OK EC--S 02' 24" 004 236 OK CITY OF MERIDIAN CllY COUNCIL MEETING AGENDA Tuesday, July 12,2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. Roll-call Attendance: X Shaun Wardle X Christine Donnell =:x= Charlie Rountree ---D.-. Keith Bird -----X- Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Communify Invocation by Pastor Steve Moore, with Cherry Lane Christian Church: 4. Adoption of the Agenda: t?'?fN"7PVt<..- tfJ..rJ a~tk//0 5. Consent Agenda: A. Sanitary Sewer and Water Main Easement Aareement with Touchmark of the Treasure Vall&V LLC for Touchmark Plaza: ~P//)v..e- Sanitary Sewer and Water Main Easement Aareement with Touchmark of the Treasure Vallev LLC for Touchmark Grand ~: ar~0C Streetliaht Aareement with Initial Pointe LLC for Cobblefield Crossino No.2: apprc;v<- Development Agreement: AZ 05-009 Annexation and Zoning of 1.06 acres from RUT to L.O zone for Mike and Gloria Urwin by Mike and Gloria Urwin - 2560 South Meridian Road: t:lff1>"7V1.A:--' Water Main Easement Aareement with Cherry Crossina LLC for CherN Crossina Buildlna: or tn:;VL<- Contract with JUS Enaineers for the Ten Mile Sewer Proiect: wj? IV"OvJ- B. c. D. E. F. MerIdian City Council Meeting Agenda - July 12, 2005 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for dissbililies related to documents and/or hearings, please contact the Cily Clerk's Office at 888-4433 at least 48 hours prior to the public meetIng. MERIDIAN CITY COUNCil MEETING APPLICANT August 9, 2005 ITEM NO. 5-C REQUEST Approve Minutes of July 12,2005 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEfTlERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~~ Contacted: Emailed: Date: Stoff Initials: Phone: Maferials presented at publfc meetings shall become property of the City of Meridian. Meridian Citv Council MeetinQ J ulv 12. 2005. The regular meeting of the Meridian City Council was called to order at 7:10 P.M., Tuesday, July 12, 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, Len Grady, Brad Watson, and Dean Willis. Item 1: Roll-call Attendance: Roll call. -L Shaun Wardle ~Christine Donnell -L Charlie Rountree -6-Keith Bird ~ Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call the regular meeting for City Council to order. It is Tuesday, July 12th. If I could see the clock, I could tell you what time it was. Ten after 7:00. And welcome. We will start with roll call attendance. Mr. Berg. Item 2: Pledge of Allegiance: De Weerd: Thank you. And I would like to take a moment and just congratulate Council and staff and our community for the recognition that Meridian just received from CNN Money Magazine of being listed as a finalist in the top 100 communities or best places to live in 2005. We listed number 74 and I think that's quite a significant recognition. Our community is -- is a complete community. It's not just residences, it's - - this is very symbolic of what we all are in our schools and our neighborhoods and our businesses and our community events and so I'd just like to congratulate our community and our staff and Council for receiving this recognition. Okay. With that said, if you will, please, all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Steve Moore, with Cherry Lane Christian Church: De Weerd: Thank you. Item No.3 is our community invocation. Tonight we will be led by Pastor Steve Moore with the Cherry Lane Christian Church. If you will, please, all take this moment of silence or join us in the community invocation. Moore: Our Father God in heaven, we thank you for the fact that we do live in such a great place, that we have received this national recognition, and we are rejoicing in that today and we already really knew it, how much you have blessed our lives for the kind Meridian City Council July 12, 2005 Page 2 of 68 of city and community that we live in, as others are finding out with this publicity. And we have you to thank most of all for this in your creative order. But we also, God, ask you to bless our Mayor and our Council and the other public servants that are in this room, that are in this city, that serve us and make this community in part what it is. We ask you to bless their lives as they have served faithfully and well, whether they are paid or unpaid, we just ask you to honor them and bless them for what they give to us and to our families and to our neighbors, to our children. Father, we pray for tonight's meeting, that the decisions that are made will be to improve and continue to improve the quality of life and the standard of this community. We seek to honor you with our very life and with the law and the order and all that there is in our everyday life. God, I thank you especially for our police force and our fire department. Your word calls them ministers and, indeed, they are, putting their lives at risk for us and I pause tonight to give special gratitude to you for them. Father, we have pledged allegiance to our American flag tonight and in this month of July when we celebrate our freedom, we thank you for that. We thank you for where we live and when we live. We thank you for the people that have given their lives and put their lives on the line for what we do hold dear here in Meridian, Idaho. And we ask that you would bless and protect our Armed Forces that are in harm's way even tonight as we meet in this peaceful air-conditioned place, they, God, are in horrible circumstances. We pray for your protection. We pray for peace in our world and we dedicate ourselves to do what we can one by one wherever we are at, to make this a better world, in the name of Jesus, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, pastor Moore. Okay. Item No.4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would move that we adopt the agenda this evening with the following changes: On Consent Agenda Item J, the resolution number is 05-479. On Item 6, add C, Mayor's report, appointment of the city engineer and proclamation for parks and recreation month. Item 23 becomes 16A. Item 24 becomes 168. Item 26 becomes 8A. And with those changes my motion is made. De Weerd: Can you, please, repeat that? Rountree: Sure. De Weerd: No. That's all right. Okay. Wardle: Second. De Weerd: Okay. I have a motion to approve as amended and a second. All those in favor say aye. All ayes. . Motion carries. Meridian City Council July 12, 2005 Page 3 of 68 MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Sanitary Sewer and Water Main Easement Aareement with Touchmark of the Treasure Valley. LLC for Touchmark Plaza: B. Sanitary Sewer and Water Main Easement Aareement with Touchmark of the Treasure Valley. LLC for Touchmark Grand Lodae: c. Streetliqht Aareement with Initial Pointe. LLC for Cobblefield Crossina No.2: D. Development Agreement: AZ 05-009 Annexation and Zoning of 1.06 acres from RUT to L-O zone for Mike and Gloria Urwin by Mike and Gloria Urwin - 2560 South Meridian Road: E. Water Main Easement Aareement with Cherry Crossina. LLC for Cherry Crossina Buildina: F. Contract with JUB Engineers for the Ten Mile Sewer Project: G. Aareement for Water Operator Disinfection Trainina with Brown Environmental. Inc.: H. Temporary License and Maintenance Aqreement with Central Street Joint Venture for Jabil Soccer Fields: Approve Liauor and Beer Licenses for Tony Romas - 970 Progress: J. Resolution No. Ratifying the City of Meridian Planning and Zoning Commission Decision to Approve a Street Name Chanae from Fireweed Drive to Orso Drive: K. Aqreement with BRS Architects for Water Department Buildinq Studv: De Weerd: Okay. Item No.5. Rountree: Madam Mayor, I move that we approve the Consent Agenda as published, with the resolution number as indicated previously. Meridian City Council July 12, 2005 Page 4 of 68 Donnell: Second. De Weerd: Okay. The motion is to approve the Consent Agenda. Mr. Berg, will you call roll. Roll-Call: Bird, absent; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Fire Department - Ron Anderson 1. Update on Results of Fire Station # 4 Bids with the Meridian Rural Fire Protection District: De Weerd: Thank you, Mr. Berg. Okay. Item 6. Department Reports. We will start with our fire chief, Chief Anderson. Anderson: Thank you, Madam Mayor, Council Members. I'd like to report tonight on the progress of Fire Station Four. As you know, our city has expanded greatly south of the interstate with a number of residential subdivisions and commercial businesses that are springing up along Overland and Eagle Road. The fire department has been challenged with increased response times due to heavy traffic volume on Meridian Road and Eagle Road to seNice those areas, so the plan that was put in place several years ago now is starting to -come to fruition and as a result of that a piece of land was donated several years ago on Eagle Road to build a future fire station. Through a partnership with the Meridian Rural Fire District, the Meridian Rural District is going to fund and pay for a fire station down there and, then, jointly staff that station with a joint effort between the city and the rural to fund the staff. So, last Thursday we held a bid opening for the fire station, that we received five bids on the station. The lowest bid was substantially higher than what our architect had estimated the price to be. So, I have him in the audience tonight, so I'll let him defend himself and you can ask him all the questions about why that was, but I had to chuckle when I saw the parks and rec director talking about the architect's estimate of his projects, because I just went through that last week. But as a result of that, last night we held our meeting with the rural fire district commissioners. They reviewed their funding and it is a stretch for them, but due to the commitment that the city has made to hire the additional staffing that will be hired near the end of this budget year, they decided that they will go ahead and push through with the building of this fire station. It was also felt that with the construction market the way that it is, that it would be pointless to try to rebid it and expect lower prices to come in. So, they are going to go with the low bid in this case and I am pleased announce that the lowest responsive bid was a local Meridian company, RSCI, which is Record Steel Construction off East Lanark Lane here in Meridian. So, with that I guess I would turn it over to Mr. Tom Zabala from ZGA Architects to answer any questions that you might have on this station or the contract. Meridian City Council July 12,2005 Page 5 of 68 Zabala: Madam Mayor, Mr. President, Members of the Council, my name is Tom Zabala with ZGA Architects. My address 565 West Myrtle Street in Boise and we are the architects for the Meridian Fire Station Number Four, as we have been for all your stations. I don't look good in tar and feather, but I guess that's part of my job responsibility. We did, as the chief had indicated, we did receive five responsive bids from five general contractors in the valley. The bids ranged from 1,117,000 to 1,058,000 dollars. So, there was about a four percent spread on five bids. So, we felt comfortable not necessarily with the numbers, but comfortable with the fact that they were all reading the same set of documents. In addition to that, as Doug Strong had indicated, we -- part of the development of this site was the former well site that the city of Meridian had and all five bidders responded on that, with the add-ons ranging from just at 30,000 dollars to the 33,000 dollars that Doug Strong had mentioned earlier. So, again, we felt pretty good that everybody was reading the same documents. Not that it is any excuse -- the project is similar to the station we did and bid approximately two years ago at Locust Grove, Fire Station Number Three. This building is a little bit different. We did add an additional bedroom to it. We do have a larger site considerably than what we had at Locust Grove. We are bidding at a time of the year not unlike what we bid a couple years ago, but I think in a marketplace that is pretty super heated in terms of the amount of construction that is going on, not only in this valley, but impacts peripherally from projects like Tamarack and other areas that have consumed a lot of the sub trades and have not really encouraged sharpening of pencils at bid time. We have seen that not only on this project, but other projects. In addition to that, I think if you are in and around the construction industry, you do know what the world marketplace has been for building materials. Last year we were talking steel. This year we are talking-cement. They were correct that the price of concrete has gone up just yesterday four dollars a cubic yard. It is predicted now that the 75 dollar a yard concrete that we are getting on some projects will go to a hundred dollars a yard at the first of the year, with the present condition in the marketplace. This project is fairly dependent on concrete. All of our parking areas are concrete. We have a fair amount of concrete within the building. And beyond that, all these things add up incrementally. We did share this with them last night. We did offer the options of re-bidding it now or waiting, perhaps, until late winter or early spring of next year to put this out. I'm not sure that the circumstances or the world will change significantly in order to bring it down to where we had estimated in a range of between 725 and 933 thousand dollars was our estimate. I think the Meridian fire district took all this into -- as well as the rural fire department took this all into account last night at their meeting and with a commitment to the 12 new firefighters coming online, I believe they made a good choice in public safety in the south part of Meridian. And with that I will be happy to answer any questions. De Weerd: Council, do you have any questions? No. We appreciate your work on behalf of the fire department and the rural fire district and I -- you have always given us great buildings and so we look forward to number four coming on. We certainly need it. Zabala: Well, we will do our best and we thank you for your confidence in us. Meridian City Council July 12,2005 Page 6 of 68 De Weerd: Thank you. Okay. We don't need any Council action on this. Anderson: No, Madam Mayor, that's correct. The rural district is going to move ahead in the next couple of days with signing a contract with RSCI and we will get moving on the project. De Weerd: Okay. Thank you so much. Mr. Nary. Nary: Madam Mayor, Members of the Council, just a follow up to that. I did talk with Mr. Zabala briefly before the Council meeting and we may be bringing Council action back with a contract in regards to the park property project that you have approved previously on the budget amendment for that, but you may be seeing that for Council action, but that's all you will need on that project. I just wanted you to be aware. De Weerd: Okay. Thank you. B. City Attorney - Bill Nary 1. Bids for Office Remodel at Farmers & Merchants Old Branch Building: Bring Back Bids on July 12, 2005 Nary: The other one is -- this is a weekly occurrence now. I can give you an update again on the Farmers and Merchants Bank and the process. We did finally get a written bid from Ace Construction. It was about -- just barely under 6,000 dollars for the necessary remodeling that we would need. If you will recall, the previous bid we had was 18,000 dollars. So, it's a significant savings. Basically, it is just an enclosure of a few offices and some painting and some repair work on the wall. Some of the other things we decided that would be a cost savings to the city and still make it a workable office space is to purchase some movable partition walls, because we will be moving support staff desks in different locations and that's a much more practical way to do that and we can at least take the partition walls along with us at some point in the future when we move to a permanent facility. My only question tonight -- we did have one other person express interest. Mr. Morris's construction company was going to give us a bid. They did come last week. Mr. Morris did a walk through of the building with Mr. Baird to see what was needed, but he -- when Mr. Baird told him we were reporting to you tonight, that we had another bid pending, he said he couldn't meet this deadline, because he had subs that had to come forward to look at the site for what he wanted. He is proposing a different type of construction for the office enclosures, instead of simply enclosing the glass wall and steel office cubicles that existed, he is proposing simply tearing that out and actually just building sheetrock and walls and putting that in. I don't know that the cost will be significantly different or not, but I don't have a final bid from him tonight. So, I guess at next meeting in two weeks, if you want me to continue with that, with Mr. Morris if he's in the process, we can do that. I told them -- or we did make clear to him that we would be meeting again on the 26th and I'm hoping on the 26th to be able to bring to you a recommendation to go forward and, then, engage into Meridian City Council July 12, 2005 Page 7 of 68 an agreement with one of these contractors in getting this process done. I'm assuming that this particular bid from Ace Construction has a deadline date, but it did, at least, give us some idea of what they could do, but I'm assuming it would be about 30 days to finish. So, if that's all right with you, Council, we will just wait an additional two weeks, unless you would like me to go forward with the bid that's on the table. De Weerd: Council, any questions or comments? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: It seems to me that we have waited this long in cramped conditions, that two more weeks is probably not going to make a difference, so let's -- I recommend that we see what other bid that we may get. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I don't disagree with that. I would suggest, however, that maybe we authorize the city attorney to -- is this for your office space or just -- who would administer this, the Mayor, the Clerk, the City Attorney? Nary: The city attorney,_ HR, IT department. Rountree: Authorize the city attorney to move forward with the remodel with a contract not to exceed 6,000 dollars. De Weerd: Okay. Was that recommendation a motion? Any comments? Donnell: Madam Mayor, I would agree with Councilman Rountree. De Weerd: Okay. Do I have a motion? Rountree: If you need a motion? I so move, then. Donnell: Second. De Weerd: Okay. The motion is to authorize the city attorney to move forward, not to exceed 6,000 dollars on the work on Farmers and Merchants Bank. All those in favor say aye. Those opposed? Wardle: Nay. De Weerd: Okay. Two ayes and one nay. Motion approved. Meridian City Council July 12,2005 Page 8 of 68 MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. c. Mayor's Report - Appointment - City Engineer: De Weerd: Okay. Second item -- oh, Mayor's report. I'm sorry. I do have an appointment to make tonight. Len Grady will be our city attorney. We -- engineer. We wanted a new city attorney. Rountree: Sorry for the insult, Len. De Weerd: City something. I knew you recently got your credentials; it just wasn't that direction, was it? We just recently congratulated Len on achieving his PEP? PPE? Yeah. These acronyms and labels just escape me, but we appreciate your diligence in pursuing that, Len, and it would be my honor to recommend to Council tonight to appoint Len Grady as our city engineer and I will need a motion to approve that. Rou ntree: So moved. Wardle: Second. De Weerd: Okay. The motion is to approve Len Grady as city engineer. Mr. Berg. Roll-Call: Bird, absent; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: TRREE AYES. ONE ABSENT. D. Mayor - Proclamation: De Weerd: Thank you. Even though we have expected this kind of work from you for I don't know how long, but we appreciate your new title. Okay. My second item is a proclamation. The month of July is Parks and Recreation month and I do have a proclamation to read. And Mr. Strong is here tonight and I will present this to you, Mr. Strong, after I read it. Whereas Parks and Recreation activities and experiences provide opportunities for your people to live, grow, and develop into contributing members of their community and whereas Parks and Recreation creates lifelines and enrich life experiences for older members of our community and whereas Parks and Recreation agencies provide outlets for physical activities, socialization, and stress- reducing experiences, and whereas parks, playgrounds, nature trails, open spaces, community aquatics and cultural centers, state parks and historical sites, make our state an attractive and desirable place to live, work, play and visit, which contributes to our economic vitality and whereas parks, greenways, and open spaces provide a welcome respite from our fast paced lifestyles by protecting and preserving our national environment and whereas Parks and Recreation agencies touch the lives of individuals, families, groups, and entire communities, which positively impacts the social, economic, health, and environmental quality of our state and our city. Now, therefore, I, Tammy de Meridian City Council July 12, 2005 Page 9 of 68 Weerd, Mayor of the City of Meridian, proclaim July 2005 as Park and Recreation month and encourage all citizens to join me in participating and supporting the many recreational programs and facilities provided by public and private agencies. Doug, congratulations and this is your month. Thank you. I guess it was very fitting that we heard some of the reports that we had from our parks department, see how we can move those amenities forward for our amenities in our community and their use. Item 7: Request for Reconsideration: AZ 05-020 Request for Annexation and Zoning of 2.3 acres to L-O zone for Ashtvn Park by David Price - SWC of North Meridian Road and West Ustick Road: De Weerd: Okay. Item 7 is request for reconsideration on AZ 05-020. Anna, do you have comment on this or Mr. Nary? Nary: Madam Mayor, Members of the Council, I guess, first, just -- there is a letter in your packet from the applicant here, Mr. Price. Mr. Price is in the audience. This request for annexation was turned down a couple of weeks ago. Mr. Price has requested reconsideration. It is totally in the discretion of the Council and the moving parties who were in support of the denial to bring forth this consideration. If you wish to do that, you can. What I would recommend, if you choose to do that, is simply reset this matter for a later date. There were public -- members of the public that testified in opposition. If the Council is of a mind set to allow another public hearing on this matter, the best way to do that would simply be to reset it and provide new notice to the folks and public notice, so that people could re-attend and provide comment a second time. We did speak earlier today, I think if the Council is interested, the Planning and Zoning director does have a c6mment, at least from her staff's perspective of the request, but, again, it is in your discretion on whether to grant this or not. De Weerd: Council, do you want to receive more information on this and hear from the director? Rountree: I'd like to hear from the Planning and Zoning director. De Weerd: Okay. Anna. Canning: Madam Mayor, Members of the Council, I think that the applicant has learned a lot more about the development review process in the last -- in the intervening couple weeks and I think there was a lot of confusion at the hearing on the part of what he was asking for versus what the Planning and Zoning Commission had recommended approval of. I think he understands now how that process works and he is comfortable with the Planning and Zoning Commission recommendation as stated in his letter. The concerns that were expressed by the neighbors that night I think could be dealt with through conditions of approval, if the Council so chooses. I think the main concern was developing without some sort of specific development plan. I think those concept plans that were provided were fairly detailed and if the Council wants to, we could -- we could certainly make those concept plans work for that piece of land. Meridian City Council July 12, 2005 Page 10 of 68 De Weerd: Okay. Council? Rountree: Madam Mayor, question for Mr. Nary. Would this go back to Planning and Zoning or it could have the potential of going back to Planning and Zoning, depending on any changes that might be made if we were to reconsider this? Nary: Madam Mayor, Members of the Council, it's within your discretion, you can direct it back to Planning and Zoning. The only thing that what I'm hearing Mrs. Canning say is I'm -- at least as presented, what the applicant is now indicating is that he understands and is more in line with what the recommendations have been from staff and the Planning and Zoning Commission, so it may not be -- it may not be very valuable to send it back for them to look at it again to send you back the same recommendation. But you can certainly do that. You can hear it again and if you feel there are significant changes, you could also remand it to Planning and Zoning at that time as well or, again, you can approve it if you wish. The only other thing I neglected to say -- at the time the question was posed, Mr. Baird was here that night. There is no legal requirement for you to actually issue an order or anything not to grant an annexation. In the past we have done it and my recommendation would be that we -- if your desire is not to grant this, that we at least have an order stating that, that this is a final action that you have taken, because, otherwise, in the future to basically track through Ashtyn Park application to determine what the final decision of this Council was, there wouldn't be any documents or any way for the record to reflect what your decision was in not forwarding the application forward for annexation. So, if that's your choice, we would bring an order back in your next meeting in two weeks, just to reflect that fact. Again, if you want to remand it or if you want to reset it and grant this reconsideration request, you can set that off at any date in the future and, then, again, re-notice the hearing. De Weerd: Thank you, Mr. Nary. Does that answer your question? Rountree: Certainly. De Weerd: Any other questions or comments? Okay. What is the desire of Council? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to make a motion that we reconsider this application and have it noticed properly and that we bring it back at a future date. Rountree: Can we get a date certain? Donnell: And that could be August 9th. Meridian City Council July 12,2005 Page 11 of 68 De Weerd: Mr. Berg, is that enough time for noticing? Yes. Okay. The motion is to approve reconsideration and put this on August 9th's agenda. Do I have a second? Rountree: I will second. De Weerd: Okay. The motion is to reconsider Item NO.7 as requested. All those in favor say aye. Those opposed? Okay. All ayes. Motion carries. This will be -- it will be noticed and reheard on August 9th. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 8: Continued Discussion from June 7, 2005: Discussion of Black Rock Subdivision by Brad Watson, Public Works Director: De Weerd: Okay. Item No.8 is a continued discussion from June 7th. Mr. Watson. Watson: Thank you, Madam Mayor, Council Members. As you will recall, we discussed this several times over the last few months. At the last meeting this was discussed, which was in early June. We were directed to meet with the proposed developer to see if some arrangement could be made regarding the provision of water to the site. Len Grady met with the developer at least once, several times, maybe, while I was out for awhile and we did have a meeting I think last week and I think we have reached an agreement where they will run city water to their site. We determined that we can serve it. Part of the arrangement is that we would be granted a well site on that property for future development. There we go. Just to reorient ourselves, this is Amity Road. This is Eagle. Lake Hazel to the south. And Locust Grove to the west. Their project that is already approved through Ada County includes these 44 lots up on the ridge. This map depicts what they are proposing for a wastewater treatment land application system. The entrance road would come off of Eagle through here up onto the hill. They would be running water down Eagle Road to approximately mid section and, then, into the site. The one thing that they would need to install is a pressure reducing valve, which is, actually, a little more complicated than just saying that. One of the things the city would do is utilize some pumps that have been salvaged from the well 14 booster pump station and use those here in their installation. Those aren't being used right now. So, it would be better to get them used, than to have them seized up in the future, I guess. Mr. Wood is here, if you would like to question him on any of this. The only other thing I do want to mention is that we have also had some preliminary discussions regarding wastewater and there is nothing finalized yet, but I guess we would like concurrence from the Council to allow us to pursue those options. It involves some off peak pumping, that they would own and operate and simply discharge into our system. We have only discussed those for a couple days now, but if Council would allow us to continue those discussions, we will. That's alii have, unless you have any questions for me. De Weerd: Any questions for Brad? Brad, with this agreement have we discussed the annexation when we are contiguous? Meridian City Council July 12, 2005 Page 12 of 68 Watson: Madam Mayor, Council Members, yes, we discussed that at length last week. There would be the normal consent to annexation agreement that we have done on past county developments. We also discussed with Mr. Wood and one of his partners Dave Turner, the necessity for individual non-build agreements on occupancy agreements on each and every lot that is platted, so that the improvements are all done and final before we will release -- before the county will release building permits on each of these lots. So, Dan had some good ideas about how to notify those home buyers that they will be future residents of the City of Meridian. But, yes, we have discussed that at length. That agreement would come back to Council for approval. De Weerd: Okay. Mr. Wood, do you have anything to add? Council, do you have any questions? Rountree: Madam Mayor, just for the record, I'd like hear from Dan and make sure that we are hearing the same thing he's thinking and willing to do. Wood: Sure. De Weerd: Please state your name and address. Wood: Okay. Dan Wood. 2025 East Chateau, Meridian, Idaho. The staff has been great to work with. We have, you know, had a couple of meetings with Len and, you know, we want to work it out, too. And so we are more than happy to -- we would love to work sewer out, too, but we also are willing to -- the water issue helps us and the issue of -- we are concerned, too, with future homeowners with annexation, but we are almost to the point where we would have at time of closing, you know, attached to the deed that they are aware that this property will be annexed. And along with the CC&Rs. Because we don't want to have the problems either, because, inevitably, you know, somebody is going to say they didn't know and the best way to do that is to have it part of the documents when they record it, so we have proof that they did know it. De Weerd: Okay. Now, was this approved as a non-farm? Wood: Yes. De Weerd: So, you had set aside open space? Wood: Yes. I mean a majority of the ground. De Weerd: And that is -- can be developed in one time frame? Wood: My understanding of it is -- is potentially when you are contiguous to the city limits where you could be annexed and taken in by the city, that you could -- they use to be 15 years. Now, they have taken away that 15 years and it's come to the point Meridian City Council July 12,2005 Page 13 of 68 whenever you are close to a city entity that would annex, then, you could rezone or re- plat. De Weerd: This isn't in the front of the property; right? So, that any redevelopment would have to travel through there. Wood: No. This is -- I mean the ground is pretty much all fronted -- I mean this is all the -- pretty much all the ground is in front of it. I think I'm answering your question. Here is where all the open space, actually, is all this ground out here. De Weerd: Okay. Thank you. We have had that situation and it's very contentious when the open space comes to develop. Wood: That's why we did it this way and it works out good. De Weerd: Well, thank you. Any other questions, Council? Rountree: No. Thank you. Wood: Thank you. De Weerd: And thanks to our staff for working this through and I imagine that we will have something in front of them to approve, then. Rountree: Madam Mayor, I think Brad is asking for guidance on continuing the discussion as it relates -to the pumping of their treatment facility into our facility and if that needs to be a motion, I move that we allow staff to continue that conversation. Wardle: Second. De Weerd: Okay. All those in favor say aye. Okay. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you, Brad. Do you need anything further? Watson: I don't believe so, Madam Mayor. Thank you. Item 8A(26): Discussion of Proposed Mornina Dove Subdivision located north of Columbia Road and west of South Cloverdale Road: De Weerd: Okay. Thank you. Okay. Okay. So, Item 26 was moved as 8A. Okay. So, Item 26 will be considered right now. It's discussion of the proposed Morning Dove Subdivision and, Brad, I assume this one is yours as well. Meridian City Council July 12, 2005 Page 14 of 68 Watson: Yes, Madam Mayor. Thank you. This is not a totally different area of the world that we are talking about on this one and you have seen this property before. Scaled a little bit different on this one. Cloverdale Road is to the east of the frame. Columbia is along the bottom here, which is the southern most extent of our referral area. This is what was formerly known as the Bradford and Camile Shaw parcel, j believe. I'm sorry. This pointer keeps coming in and out. This is, again, a request to be released from the Meridian area of -- referral area and be allowed to sewer into Boise city and receive United Water service. Topographically, this is a very steep bench here where it flows northeasterly. This is a little bit flatter to the southeast -- or southwest. According to our master plan it looks like this could some day flow northwesterly into our gravity sewer system, but the part that is down here below this bench is really -- it would have to be pumped up over the hill to get into Meridian's system. That's the background information. If you have any other questions I will answer those. The developer representative from the Land Group is here to answer any questions if you have some of him, too. De Weerd: Okay. Council, any questions for Brad or the representative? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: Let me just see if I understand what you're saying, Brad, since this is new to me. And this may have been before the Council before, but perhaps before my time. So, the request is to release them from the area of -- you called it the area of referral or referral area, meaning what? Watson: Madam Mayor, Councilmember Donnell, that may be a misstatement. What-- it's in the area of referral, there is no formal release, but in meetings with Boise city that have taken place over the last couple years, they are not entertaining sewering anything that is in this area of referral, unless they get something in writing from me. So, every one of these that has come to me I have brought in front of Council for direction. De Weerd: And, Brad, essentially, they are in our referral area, because we do have a master plan that accommodates it at some point, but this one you were saying is kind of different. Watson: Yes, Madam Mayor. Admittedly, I haven't studied this in great detail, but our sewer master plan extends to a quarter mile, which is, actually, this line here -- a quarter mile west of Cloverdale Road, all the way down to Columbia. Those master plans, as j have often said, are conceptual in nature and there are little jigs and jogs up and down this east line that we have with Boise city, where it makes more sense for some of it to go to Boise and some of it come back to Meridian. This appears definitely right here to be one of those pockets that, just looking at the sewer, should be going to Boise city. And all I'm really saying is that according to our master plan it looks like this would eventually some day go to our collection system by gravity. The one hitch in all of this is Meridian City Council July 12, 2005 Page 15 of 68 that this appears to be a county subdivision that's already been platted, so getting sewer through here may be a little troublesome, but-- Canning: Madam Mayor? De Weerd: Yes. Anna. Canning: If the Council would like, I can give a little more background on what the referral area is, because I think that some of you might not have been too involved at that time. on the Comprehensive Plan prior to this it extended in a couple different areas that -- that were included on the sewer master plan. This is one of those areas. When the City of Meridian took it to Ada County for adoption as part of their area of city impact agreement, the county said there is no way you're ever going to grow fast enough to reach those limits within the next 20 or 30 years and so they trimmed back a couple of areas and this is one of them and as a concession they put it in something called a referral area. It's been kind of a big question as to what that means. All it really means is that Ada County let's us know what's going on in that area, but the city of Boise has kind of agreed to not extend services there, unless the -- unless they talk to Brad first and there is a little more history on this particular piece of property. The Shaws actually owned all of this going out to Cloverdale. It was in one ownership for a long time. They were able to, through the area of city impact agreement negotiations, include this portion, because it allows them to go within 300 feet So, they were able to bump it out and include this as part of -- this is in the Boise area of city impact. So, this was all developed in Ada County, with Boise city sewer. So, a part of this has been developed down here and, then, there is just -- there really is this question of this area that would have to go up the hill. And, then, they -- you see they don't have a full street access out here. It's an odd flag shaped lot at the top of the hill there. That's just a little more history on the property in the area. Donnell: Thank you. De Weerd: Brad, I guess the question I have is by doing this, it seems to make sense in the sewer aspect as you stated. What are the water implications? Watson: Madam Mayor, Council Members, we -- the situation is really not too dissimilar from the Black Rock situation, other than it's another at least mile south, and I really -- we haven't modeled this, but I really don't think there is any way without more supply in that area we could serve this with water today. United Water is in that currently developed subdivision immediately east. De Weerd: This is just an extension of that subdivision? Watson: Madam Mayor, I think the applicant would be better suited to answer that. I'm not sure it's even -- I'm not sure what the continuity between the two projects is. Meridian City Council July 12, 2005 Page 16 of 68 De Weerd: Would the representative like to make comment? Please state your name and address for the record. Kirkham: My name is Kirby Kirkham. Our office is at 462 East Shore Drive in Eagle. Madam Mayor and Members of the Council, in regards to this project, our -- the developer has, actually, not purchased only that, but the two pieces south of the Imqua Subdivision -- excuse me, the one in Boise. He's purchased those two and it's kind of his plan to develop it together, one to provide another access to the site -- De Weerd: Can you use the pointer there in front of you and maybe show us? Kirkham: He recently just purchased these two pieces of property, which are within the Boise city area of impact, as well as this -- there is, basically, two parcels up here that he's purchased. So, based upon that and the proximity to the -- we have not done anything with this, this is an existing subdivision. I'm not sure if it's all under -- all done yet. I know at least half has been -- the top half has been constructed. It has a stub out to our -- to our site right here. So, his desire, because there is sewer and water availability right down below, in accordance with looking at developing this site, it just makes the most sense for the developer as far as time frame and -- I mean we'd love to keep this in Meridian, but with the sewer as far out as it is, with no real -- with no real option of doing any sort of septic system and the sewer available, it is his desire to be released and use the United Water and Boise sewer, just because of the site constraints. The other impact is is there is a community church right here that he is in discussion with, because we are looking at -- this access right now I think is only I think 30 feet and we need 60 feet of right of way to get access through there to Columbia. The church owns the land right here. The church is right now looking at having to put in a new septic system in, which they are not able to afford right now and so they are very interested in us bringing -- kind of an agreement bringing sewer service up there to be able to serve them as well. So, we have their full support in that, trying to get that, so they don't have to dig a -- install a full new septic system, is some of the other negotiations have been going on. Again, this is probably preliminary and we want to -- we heard some of the discussion on the Black Rock and we wanted to present this before you, so we don't get too far into the design, so we can actually know what we are looking at and knowing what we can and can't do before we fully proceed. De Weerd: Brad, I guess I have a question. When we met with the city of Boise and we looked at their western boundaries and our eastern, we tried to work through all these sewer issues on who can serve what and tried to establish a more definitive line. This is starting to kind of take on the story of what happened in our northeast borders and where we keep chipping away at that area of impact and keep -- because Boise has sewer out there and we are not out there yet. Where does that stop? Is this one last cleanup area and all the other portions that are currently reflected in our area of impact we can sewer and it's the most logical choice or are we going to see this often? Watson: Madam Mayor, that's a bit of a loaded question, but-- Meridian City Council July 12, 2005 Page 17 of 68 De Weerd: Yeah, it was. Watson: When the city master plans -- and I presume when Boise city master plans, we are using either -- back in the old days USGS quad maps and now aerial mapping to do our contours and, again, they are conceptual and we do the best we can, but it's more of a macro scale. When a developer has a piece of property, they hire a surveyor to get out there on the ground and shoot inverts and manholes that are existing and do a very detailed topo on a piece of ground and they find out, yeah, it can go back to Boise or it should go back to Meridian. I guess I'm saying the level detail, when an individual landowner and his engineer study a piece of property, I think we could find more of these little pockets, but I don't think a lot. We, at least down to our area of impact, a quarter mile south of Amity, I think that is pretty well set and, then, this is another mile and three quarters. There can't be too many more of these in that mile and three quarters. De Weerd: I'll ask Dean to type that out separately, so I can stick it in my drawer and pull it out for reference. Thank you, Brad. I didn't mean to beat you up on that, but, you know, I guess we can get our facilities out there within reasonable time frames, it's just how much do we continue to get chipped away and losing, because of -- this is not a good way to plan, is who can get there first, and I guess that's my only point. And these pockets are -- and your explanation is appreciated. This is a different situation I hope. Okay. Council, I guess staff is looking for some direction on this one. Rountree: Madam Mayor? De Weerd: Yes, Mr. Ro-untree. Rountree: I agree with your foray into this. I think that it's not a good way to plan just to make this a decision that would relate to the change in our referral area and ultimately our impact area. I would not give up on the idea that this might be the right thing to do, but I think it requires significant more analysis on the part of staff and I at this point am not willing to be favorable to relinquish whatever agreement we have with the county as it relates to this piece of Meridian's ultimate or potentially ultimate city limits. De Weerd: And so your directions are to -- Rountree: I would say staff will probably be asked to continue to look at this, but I don't -- have not heard nor seen a reason why we should honor the request. De Weerd: So, you're requesting further analysis or-- Rountree: I'm not asking staff to do additional analysis. I'm sure the staff is going to have more conversations with the applicant. I suspect that they will be there. The direction from this councilman is I'm not interested at this point in time. De Weerd: Okay. Okay. Any additional comments? Okay. Meridian City Council July 12, 2005 Page 18 of 68 Watson: Madam Mayor, the only thing I will mention is that JUB Engineers is actively involved in modifying our sewer master plan. We can have them pay particular attention to this boundary, so that we identify any of these pockets on that update. De Weerd: And they are on the ground right now with that study? Watson: Yes. De Weerd: Okay. And they could perhaps work with this representative as well? Watson: Through us. Yes. Item 9: FP 05-039 Request for Final Plat approval of 34 residential building lots and 5 common lots on 9.8 acres in a R-8 zone for Alexandria Subdivision by Lonnie Johnson - 4205 North Locust Grove R~ De Weerd: Uh-huh. Okay. Thank you. Okay. Item NO.9 is FP 05-039 and I believe that Brad is making comment on this item. Watson: Thank you, Madam Mayor. I have never had three in a row before, so -- this is a final plat application for Alexandria Subdivision. It's located on the west side of Locust Grove south of McMillan Road. This is a re-subdivision of Lot 11 of Crestwood Estates Subdivision. The highlights of this were -- of this proposed development, 34 single- family residences, five common lots, on 9.8 acres in an R-8 zone. This planned development was approved, including reduced lot sizes, lot frontage, setbacks -- setbacks for a street side -- reduced setbacks for alley rear setbacks and street side setbacks. The amenities on this planned development are ten percent open space with two gazebos and the staff is recommending approval. No outstanding issues before Council. Oh, there are, too. Thank you. Rountree: New trainee. Watson: All right. Site-specific condition number 18, the applicant has suggested revised language that would -- it would revise condition number 18 to state perimeter fencing six-foot tall solid material is required. There is justification here, if you'd really like to hear that and I will read that, but, otherwise, I will go on. General requirement number seven, that the following phrase be added to the end of this condition, quote, unquote, or other street light approved by the City of Meridian. And those are the only two requested changes and staff did concur with those. De Weerd: Thank you, Brad. Council, do you have any questions for Brad? Okay. Do I have a motion? Wardle: Madam Mayor? Meridian City Council July 12, 2005 Page 19 of 68 De Weerd: Yes, Mr. Wardle. Donnell: Second. Wardle: I move that we approve Item No.9, fP 05-039, with the requested changes. De Weerd: Okay. Motion to approve Item 9 with the requested changes. Mr. Berg, will you call roll. Roll-Call: Bird, absent; Rountree, yea; Wardle, yea; Donnell, yea. Item 10: MOTION CARRIED: THREE AYES. ONE ABSENT. Item 12: Item 13: Item 14: FP 05-038 Request for Final Plat approval of 9 commercial building lots and 1 other lot on 4.98 acres in a C-G zone for Bonito Subdivision No.3 by Travis Burrows for Dave Evans Construction - 2967 East Copperpoint Drive: FP 05-041 Request for final Plat approval of 43 single-family residential building lots and 1 common lot on 9.88 acres in a R-8 zone for Sienna Creek Subdivision No.3 by Sagewood Development, Inc. - north of Ustick Road and North Linder Road: FP 05-042 Request for Final Plat approval for 33 single-family residential building lots and 4 common lots on 6.12 acres in a R-8 zone for Settlement Bridae Subdivision No.3 by Capital Development, Inc. - SEC of North Locust Grove Road and East McMillan Road: TE 05-006 Request for approval of a one-year time extension to record the final plat for Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of South Meridian Road and West Victory Road: De Weerd: Thank you. Anna, I'll go ahead -- I understand that Items 10,12,13 and 14 have agreement by the applicants. Do you have comments on those items? Canning: No, ma'am, I do not. De Weerd: Eleven we need to visit separately. De Weerd: And 14. Donnell: So, 10, 12, 13 -- Wardle: Madam Mayor? De Weerd: Mr. Wardle. Meridian City Council July 12, 2005 Page 20 of 68 Wardle: Anna, just for clarification, they agree with all of staff's recommendations? Canning: Yes. Wardle: With that, Madam Mayor, I move the approval of Items NO.1 0, 12, 13 and 14. Donnell: Second. De Weerd: Okay. The motion is to approve Items 10,12,13 and 14. Mr. Berg, will you call roll. Roll-Call: Bird, absent; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11: FP 05-040 Request for Final Plat approval of 55 single-family residential building lots and 9 common lots on 11.36 acres in a R-8 zone for Sienna Creek Subdivision No.2 by Sagewood Development, Inc. - north of Ustick Road and North Under Road: De Weerd: Thank you. Item 11 is FP 05-040. I will ask for staff comments. Canning: Madam Mayor, Members of the Council, we had to pull this one off the usual agenda, not just -- not because the staff -- or not because the applicant is in disagreement with the cbnditions of approval, it was with regard to some confusion as to what was approved. Shortly before the preliminary plat hearing I noticed that there were attached units referenced in the staff report, but I had never seen any attached units and elevations for them and we generally require that of a planned development. So, I quickly got with the applicant, Mrs. Wanner, and discussed that with her-- Wanner-Sisler. Sorry. And we -- at the Council hearing on the preliminary plat, we discussed that issue, that we hadn't seen anything for attached. So, this -- this subdivision was only approved for detached units. We thought we had addressed it at that time. When the final plat came up, we realized that there was still some confusion that -- that hadn't gotten resolved at that hearing. What it is is these -- there is two lots as alley loaded product, as you see in the circle here. Those were designed with a longer, narrower lot, as typically seen, but the staff report was treating those as the attached product. It was never the intent of the applicant, although that is the way that their letter was written, but it -- so staff was just going by the applicant's request -- initial request. This gets very confusing and I'm sorry, but that's why I had to bring it to you, because it got very confusing. Basically, what happened is you approved only detached units, approved this layout, this is the layout they want, but it doesn't meet the dimensional standards that were approved with the planned development. The alley loaded lots meet the dimensional standards of the attached units. They don't meet the dimensional standards of the detached units. We have tried to think of a number of ways of cleaning this up. Ultimately, it needed to come back to you for clarification. So, Meridian City Council July 12, 2005 Page 21 of 68 we figured that we would just do it with the final plat, seemed the most expedient manner. So, I believe that when you approved it, you intended to approve detached product on those alley loaded lots in this configuration and that's exactly what the applicant is asking is for with this final plat. So, the approved -- the final plat is in substantial compliance with the approved preliminary plat, it just doesn't match up with the planned development. So, the applicant is in agreement with all the conditions of approval, except-- De Weerd: Okay. Rountree: Clear it up, Shaun. Wardle: Just one question before we move forward. Mr. City Attorney, do we need to amend the development agreement to allow this subdivision to become built as is shown on this plat? Nary: Madam Mayor, Members of the Council, I guess in all the discussion I don't know that we have a development agreement on this -- Canning: I don't think so. Nary: -- parcel and that was part of the development agreement. What I understood from the preparation we had today is you approved that map, that plat. You just approved it based on comments that don't match up with the plat, but you approved it already. So, unless there was a development agreement that specifically said there was detached homes that were required, I don't think we will have to amend it. And Mrs. Canning is shaking her head no. So I think we are okay. Wardle: With that, Madam Mayor, I move that we approve Item No. 11, FP 05-040, as brought forward. De Weerd: Do I have a second? Rountree: I will second that. De Weerd: Okay. The motion is to approve Item 11 and staff's recommendations. Mr. Berg, will you make comment? Berg: No. I'm waiting for the motion. De Weerd: Okay. You have no comment. Berg: No. De Weerd: Okay. Will you call roll. Meridian City Council July 12,2005 Page 22 of 68 Roll-Call: Bird, absent; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 15: MI 05~007 Request to connect to the city water system as the primary source of irrigation water for Trov Place Subdivision by Pinnacfe Engineers, Inc. - 1236 East 2 % Street: De Weerd: Okay. Item 15 is Ml 05-007. Anna. Oh. Brad. Watson: Thank you, again, Madam Mayor. This is simply a miscellaneous application to request a waiver of the pressurized irrigation system on Troy Place Subdivision. It's a very small little parcel with, I think, two lots. There is only one site-specific condition of approval involving the payment of well development fees in lieu of using surface water for pressurized irrigation. I don't believe I have a letter from the applicant and I'm not sure if the applicant is here tonight, but -- oh, the applicant is indicating they are in agreement with the one site specific condition on this, so unless there are any questions, I have nothing further. De Weerd: So-- Rountree: Madam Mayor? De Weerd: I'm sorry. Mr. Rountree. Rountree: Madam Mayor. Brad, is there any activity with the irrigation district for that part of two to ultimately look at some kind of a system? Watson: Madam Mayor, Councilmember Rountree, I would really doubt it. We do hear of activity and regional plans in some of the places that are growing, but this older part of town I have not heard anything. Rountree: I know they are delivering water to parts of it, so I just wondered if they were thinking about maybe putting it in a line. Watson: I do not know. Rountree: You haven't heard? Okay. Thank you. De Weerd: Okay. Thank you. Any other questions for staff? Okay. Do I have a motion? Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Meridian City Council July 12,2005 Page 23 of 68 Donnell: I'd like to make a motion that we approve Item No. 15, MI 05-007, and its request to connect to the city water system for Troy Place Subdivision. Wardle: Second. De Weerd: Okay. The motion is to approve Item 15. Mr. Berg, will you call roll. Roll-Call: Bird, absent; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 16: Continued Public Hearing from June 28, 2005: 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: De Weerd: Okay. Thank you. Item 16 is a continued Public Hearing from June 28th on AZ 05-022. I will start with staff comments. Canning: Madam Mayor, Members of the Council, this was a continued Public Hearing, because they had failed to properly post, so you have not heard discussion on this item. It is a request to annex the missing link. It's hard to spot the -- there it is. That's the portion that's being requested for annexation and zoning to L-O to match the rest of the Touchmark properties that have previously been annexed. So, this was just a hold out piece. It is 1.3 acres in area. The Planning and Zoning Commission did recommend approval of this application at their June 2nd hearing. The key issues of discussion were the existing access to Franklin Road for the home that's currently there. Staff recommended that that access should eliminated upon development of the property and the Planning and Zoning Commission changed the conditions of approval to reflect that concern. To our knowledge there are no outstanding issue before Council. Hopefully, that was less confusing than the last one. De Weerd: So, Anna, when that house -- when that's developed, then, access would be eliminated? Canning: Yes, ma'am De Weerd: Okay. Council, do you have any questions on this for staff? Rountree: I have none. De Weerd: The applicant -- would you like to make comment? Okay. This is a Public Hearing. Is there anyone in the audience who would like to make comment on this application? Okay. And the applicant has indicated that they are in agreement with all staff recommendations. Meridian City Council July 12, 2005 Page 24 of 68 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there is no further testimony, I move that we close the Public Hearing for Item No. 16. Wardle: Second. De Weerd: Motion to close Item 16. All in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approved the request for annexation for Touchmark Subdivision, subject to staff comments. Wardle: Second. De Weerd: Okay. Motion to approve Item 16. Mr. Berg, will you call roll. Roll-Call: Bird, absent; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. In our agenda -- adoption of the agenda, Items 23 and 24 were moved to this spot. So, I will go ahead open up Public Hearing on Items 23 and 24, AZ 05-021 and PP 05-021, with staff comments. Canning: Just a moment, Mayor. Sorry. Madam Mayor, Members of the Council, this is Redfish project and it is on the east side of Linder Road, south of McMillan Road. It is surrounded by -- De Weerd: Baldwin Park. Canning: Baldwin Park. Thank you. All I could come up with was Bellingham. And, then, the Sawtooth Middle School is directly south of it. It is less than three acres in area and so similar to last week, we are seeing a request to have this property rezoned to a light office designation and they have brought forth a preliminary plat with their application as well. We have got a shift in -- actually, here we have got Linder Road, so north is now going in this direction. They have proposed a fairly simply layout with five buildings. The five buildings have a total of about 21,000 square feet of office uses. The Planning and Zoning Commission has recommended approval of this application. Meridian City Council July 12,2005 Page 25 of 68 They heard it on June 2nd, 2005. The key issues of discussion at that hearing were allowing a day care as conditional use and the hours of operation on the property. The conditions were changed to reflect those discussions. There was no one that spoke in opposition or commenting. There was a letter sent in that -- from a neighbor on -- in Lochsa Subdivision commenting on additional traffic in the area. So, to our knowledge, there are no outstanding issues before City Council. De Weerd: Okay. Thank you. Questions for staff at this time, Council? Okay. Is the applicant here? Hobbs: Chris Hobbs, Pinnacle Engineers, 12552 West Executive. De Weerd: Thank you. Hobbs: We are in agreement with staff's comments and the conditions of approval. The only thing -- I would address any questions you may have and the only other comment I would make is that changes that were made for the hours of operation and the day care with the CUP, that was because of a previous application that night at P&Z where somebody else requested that had a very similar size project and so the Commission decided we could have the same option and that was all that was. De Weerd: Okay. Hobbs: If you have some questions? De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Do you have any elevations of the proposed buildings? Hobbs: No, we don't at this time, but there is a requirement that they are to be somehow close to the surrounding in size and bulk. There is a condition of approval in there. De Weerd: Okay. Any further questions, Council? Okay. Thank you. Is there anyone wishing to provide testimony on this application? Okay. Canning: Madam Mayor, Members of the Council, just to clarify the record, the other application that was heard that night was Ashtyn Park, so -- De Weerd: That was my assumption. Canning: Yeah. Meridian City Council July 12, 2005 Page 26 of 68 De Weerd: Council, do you need any further information from staff or the applicant? Okay. I would entertain a motion to close. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Hearing no further testimony, I move that we close the Public Hearing on Items 23 and 24. Rountree: Second. De Weerd: Okay. The motion is to close the Public Hearing on Items 23 and 24. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Any discussion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we_ approve Item No. 23, AZ 05-021, subject to staff comments. Donnell: Second. De Weerd: Okay. Motion to approve Item 23. Mr. Berg, will you, please, call roll. Berg: Thank you, Madam Mayor. And I'm just making sure that we are approving the findings also. Thank you. De Weerd: See, that's what I thought you were going to add on that last one. Berg: I couldn't find it quick enough to ask that. De Weerd: Thank you for the clarification. Roll-Call: Bird, absent; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. Item 24. Meridian City Council July 12, 2005 Page 27 of 68 Donnell: Second. Wardle: Madam Mayor, I move that we approve Item No. 24, PP 05-021, preliminary plat for Redfish Subdivision. De Weerd: Okay. The motion is to approve Item 24. Mr. Berg, will you call roll. With the Findings. Roll-Call: Bird, absent; Rountree, yea; Wardle, yea; Donnell, yea. Item 17: MOTION CARRIED: THREE AYES. ONE ABSENT. Item 18: Item 19: Public Hearing: AZ 05M007 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: Public Hearing: PP 05M009 Request for Preliminary Plat approval of 166 building lots and 37 common lots on 43.18 acres in a proposed R-8 zone for Bellinoham Park Subdivision by Gemstar Development, LLC - north of Amity Road and east of South Locust Grove Road: Public Hearing: CUP 05M008 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 Bellinoham Park Subdivision by Gemstar Development, LLC - north of Amity Road and east of South Locust Grove Road: De Weerd: Thank you. Items 17, 18 and 19 are public hearings on AZ 05-007, PP 05- 009, and CUP 05-008. We will open these public hearings with staff comments. Canning: Madam Mayor, I need to scroll up for a bit. Okay. Thank you for waiting. This is Bellingham Park. It is located south of Victory Road and east of Locust Grove Road. That's Locust Grove there. It is a request for annexation and zoning, preliminary plat and Conditional Use Permit for a planned development. This project is 166 single- family residents and 22 common lots on 43.18 acres and they have proposed an R-8 zone. The planned development is requested for a reduction in minimum lot size and that would be from 6,500 square feet to 4,140 square feet minimum and for street frontage from 65 feet to 31 feet minimum. And also yard setbacks. The initial request was for a side yard of zero feet and, then, five feet for rear side entry garages. Amenities are a 2.6 acre park -- 2.67. Sorry. And, then, other open spaces, the 1.21 acres, .77 acres, and .67 acres. The existing home is to be remodeled as a clubhouse and that's in this area and I had a picture of that existing home, albeit from a distance later. And multi-use pathways are also proposed and I'd like to let the applicant show those pathways. The gross residential density is 2.84 dwelling units per acre. There are a couple other issues. One is that the Ten Mile Creek, as shown here, does have a Meridian City Council July 12, 2005 Page 28 of 68 designated flood plane and that was on the original one I showed you. It comes pretty much parallel to the creek and, then, goes in at this feature here. There is weir here where a drainage facility goes across the Ten Mile. I also have pictures of that that I will get to in a moment. The applicant intends to address that flood plane through a letter of map revision. They have not completed that yet, but that is addressed in the conditions of approval and we will get into those details as well. Okay. Here is another picture of the flood plane. You can see it in the blue. You can see how it backs up on that -- at that intersection where the weir feature is. This is -- on the property this is the Ridenbaugh Canal, so that was the other major feature. This where the future park would be at the entrance of the facility. I believe this is Locust Grove over there. This is that weir structure with Ten Mile below. There is water in this structure going this way and, then, Ten Mile is coming this way. This is looking into the site. So, this is actually- - this would be on the Bellingham Park site and we will see those later in the -- one of the other pictures. This was that specific condition related to the LOMAR and, basically, what it says is that if they don't get that changed, then, they need to come back with a new preliminary plat or they need to not develop in those flood plane areas. The Planning and Zoning Commission did hold a hearing on June 2nd, 2005, and they have recommended approval with conditions. The key issues of discussion -- there was about eight, so I will go through those. The first was connectivity of Bellingham Park to Messina Meadows, which is the next project, and they connect along their eastern property line and, then, looking up the open -- open space and pathway systems in those two projects, as well as the connecting road system. The location of the multi-use pathway for the Ten Mile Creek and the Ridenbaugh were discussed. The impact of groundwater on the site, the number of monitoring wells and the consistency of the soil to maintain building sites with high groundwater and compacted soils was discussed as well. That comes up in the soils report. The Ten Mile Creek flood plane, as I have described, the mixed medium and low-density housing products and lot sizes, especially south of the project. Conversion of the existing home site on the proposed Lot 15, Block 5, to an amenity, and the addition or relocation of open space lots to facilitate maintenance and protection of the Ridenbaugh Canal and the Ten Mile Creek waterways. And, then, also the Commission discussed having no zero lot line products included within the development. Those that testified in favor were Dave Bailey with Bailey Engineering, Susan Wildwood, Steve Glasgow and Gem Star Development. No one spoke in opposition, although there were several people commenting, including Michael Gray, who lives on South Locust Grove, Jason Wolf, also who lives on South Locust Grove. Kara Dalton. She is south of the property on Ten Mile Creek. And Kent Brown with Briggs Engineering, who was testifying on behalf of Messina Meadows, I believe. The key Commission changes to staff's initial recommendation -- the Commission asked the applicant to submit the amended and revised preliminary plat to staff prior to the City Council hearing. Staff received a revised drawing on June 16th. All references or approvals should be from the final drawing dated June 12th, 2005. The Commission also asked to add a condition number five to the planned development regarding no zero lot line properties. With regard to outstanding issues, although staff was able to develop conditions of approval that would enable staff and the Planning and Zoning Commission to make the findings for approval, staff wants to be clear that there are severe -- at least significant constraints on this property. This particular property I Meridian City Council July 12, 2005 Page 29 of 68 think has some of the highest groundwater levels we have seen, coupled with some of the most poor soils in those areas that we have seen. And the flood plan issue is still a little bit outstanding, even though staff has come up with conditions of approval related to that. So, we just want the Council to be aware of these concerns. It does, however, come forward with a recommendation for approval from the Planning and Zoning Commission. With that I can let you ask if you have more specific questions on some of the soils or high groundwater issues. I think Mr. Watson is better equipped to handle those questions. De Weerd: Anna, with those concerns, are you requiring or while requiring individual each lot has some kind of a system -- a pumping system -- and for the life of me I can't remember what it's called right now. French drain or the sump pumps that-- Canning: I don't believe we are. I can look through the conditions of approval while Brad -- Watson: Madam Mayor, Council Members, condition number 17 in the preliminary plat requires that all residential construction that falls into certain soils groups, comply with the residential code and the site specific number pertaining to drains around concrete foundations and drainage systems and that sort of thing. So, there is a site-specific comment in there that refers to the building code. De Weerd: Okay. As long as people understand that that is what it means. Maybe that needs to be clarified or a little bit stronger language. I don't know. I know when you have this kind of situation and, then, you have any poor grading on any of those lots, it's just a mess and it pits neighbor against neighbor -- it's really an ugly situation. We have had it happen before. If this is already a concern, it probably needs to be looked as a requirement in that entire area, but I would ask the developer to make comment on that. Council, do you have any specific questions for staff at this time? Okay. Would the applicant like to comment. Wildwood: Thank you, Madam Mayor, Members of the Council. For the record, my name is Susan Wildwood, I'm an attorney with offices in Boise and I'm here on behalf of Gem Star Properties and I'll leap right into the breech on the Mayor's question. With regard to those areas that are within the flood plane, Mr. Dave Bailey is here and he can answer all the technical issues, there has been a lot of work on this project, but in areas where -- that are within the flood area, the other option is -- and we have actually suggested this to staff -- that we would proceed also with slab on grade, so it would avoid the crawl space kinds of issues. So, that is something that will have been resolved before we come back to you with the final plat. So, we will be looking at the FEMA letter revision, we will be looking at slab on grade, so that we don't run into the crawl space issues that have occurred in other areas. I would like to also thank staff. We have had a significant amount of work, a number of meetings with your staff, Chief Musser, I haven't exactly talked to Chief Anderson, but we have had a lot of work on this particular project trying to resolve a lot of issues. We went through a redesign with regard to the roads, so that we changed the road sections, which is what resulted in the Meridian City Council July 12, 2005 Page 30 of 68 reduction from 37 common lots down to 22. And if I can just go through those very quickly. It may be a bit easier to see. I mean those blue lines are a little bit tougher, so we will show you the pretty one here. De Weerd: Could you put that up on the stand or up by the screen? Yeah. Rountree: Should be one right there on the podium. De Weerd: You can either do that or use the microphone and point at it Wildwood: Actually, that might be a bit better, if you don't mind, Mayor. With regard to this project -- now, can everybody see? Am lout of the way enough? The large area that Anna has referred to, we have a park in this area. There will be a gazebo. This is an open space area that's designed for recreation. We have moved the more formal recreation, if you will, away from the -- the road, so that we have a basketball court over in this direction in this park area. We have the existing residences here. We had planned on remodeling that residence. I just received information today from the architect that what we are going to have to do is not remodel it, but tear it down and I have some elevations showing you what that clubhouse will be. So, this will be an amenity with a parking lot, a pool, a clubhouse, this large park amenity in this direction, pocket parks in these areas. We have this park area and this park area. This connects in with Messina park. The pathway comes up along the Ten Mile, it comes in, goes into Messina park in this area to connect with their pathway system. The pathway, then, comes on over toward Locust Grove, providing connection to the properties to the west and, then, goes up again and connects to the north, again, with the Messina parkway. I worked with Chief Musser, I spent some time talking to staff. Also Tammy Anderson at the Nampa-Meridian I rrigation District. This facility Anna has mentioned up here on the Ridenbaugh and Ten Mile is -- they have actually completely revamped that spillway. les now all-electronic. They were very adamant that we keep all traffic away from both the Ridenbaugh and the Ten Mile in this area, one, because of the extreme danger in this spillway, it can blowout in about five seconds and change the water direction, velocity, et cetera. Plus all of the electronics. Nampa-Meridian actually has a facility across the road here, so they would not allow any connectivity onto their property in any event, have wanted to pull all the traffic away. So, I met with Doug Strong of parks, we looked at the Comprehensive Plan, where could we pull it away and still achieve the city's desire to have a location for the regional pathway system still connecting into Messina and accomplish Nampa-Meridian Irrigation District's desire to pull the public away from that. So, we have all of our common area down away from waterways and the dangers that they provide. I also have -- on the photo board thaes leaning up against there, the product for the alley-loaded lots. Those will not be attached housing, but that gives you a sample of the housing that we expect to see here on the alley- loaded lots in this particular area. And, again, we connect to the Messina park on the top and so that it matches right in and provides connectivity clear through both of those projects from Locust Grove and there are bridges -- you will be seeing some information from Mr. Brown after you consider this particular case, showing where the bridges connect north and south. There is a requirement that we have secondary access before Meridian City Council July 12,2005 Page 31 of 68 developing more than 50 lots. We concur with all the recommendations of staff and Mr. Bailey, who is here to answer all of those other technical questions that I cannot, will provide you that additional information on FEMA and any of the engineering questions that you might have. Without belaboring the point, we certainly concur with staff's recommendations, the conditions for specific approval, and request that you give us a favorable nod and with that I would be happy to stand for any questions, Madam Mayor. De Weerd: Okay. Thank you, Susan. Council, any questions for the applicant? Do you have any questions for the engineer? Rountree: Yes. De Weerd: Okay. Mr. Bailey. Thank you, Susan. Bailey: Madam Mayor, Councilmembers, my name is David Bailey, Bailey Engineering. My office address is 1500 East Iron Eagle Drive in Eagle, representing Gem Star Development for the Bellingham project. I can go ahead and answer questions or I can talk a little bit about what we talked about so far and kind of give you an overview of the work we have done on the project. So, either way you want to go. I guess I'll just answer questions, if that's what you'd like me to do. Rountree: Madam Mayor, if you want to give a information that would helpful. Bailey: Okay. I guess the -- in one, I feel like I have been a failure throughout this with your staff and with some folks in explaining what the groundwater problem is here and what we are going to do about it and have it done and, hopefully, we can get through that, but we have done extensive groundwater monitoring on the site, have done -- and I in fact, since the planning and zoning meeting we have actually added five more piezometers to measure the groundwater level out there and the thing I'm -- have been earlier in talking about it, is that the flood plane does not equal the high groundwater and the flood plane is not the cause of the high groundwater, the actual highest groundwater closest to the surface level is, actually, in the northwest corner of the site and that's -- and that's part of the reason that we chose not to have any houses in that area, because we can keep that dry, but we don't want to be filling that area and we know that's where the highest groundwater level is. The groundwater on the site is definitely caused by irrigation and although there is a regional groundwater problem and a lot of the projects we deal with we have perched water table, we have water sitting on top, and there is not necessarily water underneath that, but there is definitely -- from the groundwater that we hit here, the groundwater continues down below that we certainly understand that -- that area. The drainage for this property is -- is the Ten Mile Creek. The property, unfortunately, drains on the surface from the southeast to the northwest and so the grading on the site goes to northwest here. So, our highest groundwater level problems are not near the creek where the flood plane is, but, actually, in the northwest corner and there was no water outlet from that corner for the surface irrigation to go through there. And we do have some water in that area that's approximately 1.3 feet is the measured level. When the field is actually being irrigated there is standing Meridian City Council July 12, 2005 Page 32 of 68 water in that northwest corner, but the groundwater measurements we have made when active irrigation is not going on, is showing us that, actually, within the week that we are about 1.3 feet below surface level in the northwest corner of the site. As to the flood plane on this project, we have actually completed all the study and all of the calculations and hired Paul Coons as our engineer to do the flood plane study on this, completed all that, and he said, well, okay, as soon as you remove the culverts from the Ten Mile Drain and do the grading in there, I can submit the letter to FEMA. So, it's not that we failed to submit the letter, it's that we can't until we actually do the work that's in there and provide him the information to submit that letter. So, we are ready to do that, but we are not going to go dig those pipes out of there until we think we can move forward with the project. So, that's the condition we are in there. We are definitely in agreement with the staff conditions and I know your staff has put a lot of effort into this in helping coming up with conditions that the city could feel comfortable with on this end and we can meet those conditions. They include contours that show the actual high groundwater levels throughout the site. So, groundwater level contours that are showing where we are, and it also will show the finished floor elevation of all the houses to be built on the project. And while that may seem onerous, it's something that we do quite often for a lot of subdivisions. In fact, the city -- excuse me -- Ada County has been requiring that on all their subdivisions for quite some time, even when there is not groundwater, that we provide these plans that your building department keeps and can make sure that the builder is following those recommendations. We have a geotechnical engineer involved. Any fill we do on the site will certainly be compacted and tested and all documented and that will be done during the construction process and, then, they are requiring an individual compaction test on each lot and, then, that grading plan will also specify that you're building permit will also specify that all of the houses must be built us-ing slab on grade construction and not with crawl spaces. The last item I have on there is that we have met with the Ada County Highway District on several occasions and in the most recent occasion confirmed with them that they were comfortable with the roadside swale. which is an approved road section that they have, so we are not going to have retention ponds or storm drain ponds on the site that could contain water over a long period of time and there will be roadside swales that are constructed in accordance with the Ada County Highway District standards and their staff in our meetings have indicated that we meet all of their requirements to construct that alternate road section. So, I think we have -- and it is a difficult site. There is certainly a lot of things to go on here and I think the additional conditions of approval that are placed on it are appropriate and necessary to make sure that we don't have the problems that the Mayor was discussing with the neighbors in the future and we have safely and effective, in a helping manner, build homes on the property. So, given that, I would be glad to answer any other questions you might have. De Weerd: Any questions from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council July 12, 2005 Page 33 of 68 Rountree: You indicated that your resolution of the flood plane issue is installation of new culverts on Ten Mile; correct? Bailey: There is, actually, three 36-inch culverts that's in Ten Mile Creek at this point. Our proposal is to remove all three of those, because they are the ones that are causing the water to flow outside of the channel during a flood -- a hundred year flood event per the calculations in any case. So, we will remove all three of those 36-inch culverts and we will actually place an 84-inch culvert at the road crossing location, that we are showing going across the Ten Mile Creek here. That is, actually, Nampa-Meridian Irrigation District's property and we have had discussions with them and we will submit our application -- all the construction plans to them to remove those culverts and to place a new one and, of course, there is Army Corps of Engineer permits and EPA permits that are required to do that and license agreements associated with that. So, we are working all those actually right now. We have started working on them already. Rountree: Do you have a willing participant in the form of the irrigation district? Bailey: With Nampa -- yes. Yes. I actually talked with John Anderson of the irrigation district way early on about this project and about the Ten Mile Creek and what would be appropriate to do and these conditions are on here with the flood plane and this issue actually was in Tuscany to the north of this project and they had the same conditions in Messina to the southeast of this project. And, actually, Messina Meadows needs us to pull those three culverts to get rid of this flood plane that's on their project. They have got the same study -- or an additional portion of that study completed for their project. They need these culverts removed in order for them to get the LOMAR done on their project as well. So, they kind of work together. Rountree: You mentioned that the water table or first water or whatever the situation is in northwest portion of your project is where -- it's closest to the surface. Has the site been evaluated for wetlands and does the Corps claim any jurisdiction over any portion or all of this area? Bailey: We have walked the site with our geotechnical engineer in that end, we have dealt with quite a few of the wetlands issues. In fact, we had about I think six applications before the Corps right now and we don't feel that we have a wetlands issue that needs to be handled on this site at this point. Rountree: You talked about the roadside swale typical section on road or roads. Would that be typical section on all of the collectors in the subdivision or is that primarily going to be in the main access -- Bailey: All of the streets -- the public streets within the subdivision are proposed to be -- and it's shown on the preliminary plat that we submitted -- a 36-foot edge-to-edge -- actually, it's 32 feet of asphalt and, then, two foot ribbon curb on either side, and eight foot wide swale, and a detached sidewalk outside of that. So, all of interior streets are proposed to be built to that standard. We are discussing Ada County Highway District-- Meridian City Council July 12, 2005 Page 34 of 68 we have an alternate, instead of the ribbon curb, to do a vertical curb and have specific points where the water could discharge. So, along the north side of the main entry road that runs along the south of the western part of the project, doing a vertical curb on the north side there, because we don't have lots accessing from that north side. And we are going to do vertical curb for Locust Grove to the first intersection on the entrance road. But the roadside would be all the rest of the interior roads would be the roadside swales type construction. Rountree: And whose jurisdiction would be the swale and -- be ACHD's or the property owners? Bailey: Yes. And what we have actually done is the right of way that we are proposing is 62 feet wide, as opposed to your standard 50 feet wide. We have seen some applications where they place the sidewalk in an easement outside of the right of way. Our section includes all of the road, swale, and sidewalk within the right of way section. So, our setbacks would be measured from the property line and wouldn't have to be pushed back for the -- for the sidewalk to make sure you got 20 feet in front of the building. Rountree: And who takes care of that no man's land? Bailey: Ada County Highway District and there is a licensed agreement for maintenance of that swale in front of the house by the individual property owners. Rountree: Is there a standard identified in the CC&Rs? Bailey: I'm not familiar with the CC&Rs, but Susan Wildwood says there will be. Rountree: Thank you. De Weerd: I guess I just want some clarity. The high groundwater is caused by the culverts? Bailey: Madam Mayor, the high groundwater is caused by irrigation. The flood plane, which is a -- flood plane, as shown on these maps, is a calculated number and I guess to back up a little bit and maybe answer that a little better, is that the highest groundwater is in that northwest corner and that's where the irrigation water that currently irrigates the site and runs off the site to the south of this, collects in that area and it can't get to the Ten Mile Drain, because it's uphill that way. And so it does pond in that area. There is no drain to the west across Locust Grove on this property. So, that the flood plane is a different issue. It's actually a calculated number and, in fact, this is what is -- what we call an unnumbered -- currently it's an unnumbered A zone and in the production of the flood plane maps that FEMA does, they do actual detailed calculations on some areas and on other areas they look at them from an aerial map and say here is my flood, let's show a flood plane here. And so even if we were not going to get rid of the flood plane and we had proposed to build in there, we would have Meridian City Council July 12, 2005 Page 35 of 68 to go and do this detailed study just to show how high we would need to build the houses, because there are no elevations from FEMA associated with unnumbered A zones. So, we don't even know what that elevation is, all we have is this nondescript line on a map. So, every time we run into one of these unnumbered A zones in any project -- and, in fact, again, in Tuscany to the north it was an unnumbered A zone until Paul Coons did the study and provided that to -- to the developer of Tuscany, showing that, in fact, the calculated flow for the flood event, the hundred year flood event, really stays inside the channel. In our case it didn't stay inside the channel. In fact, in their case they made them pullout a -- I think a 72 inch culvert that was up to the north that was blocking that they pull. Then, they could show that it would stay in the channel. In our case, the three 36 inch culverts, once they were removed, the calculation shows that the flood would stay in the channel and not actually flood into those areas. But that's talking about a situation of a -- of a one hundred year storm event and the contributing area of this goes miles south of this project in this channel. And so there is a calculated volume of water that needs to flow through this area, should there be that flood event So, it's kind of independent of the high groundwater issue. De Weerd: And those calculations are taking into account the different changes with bringing in fill and all of that, up and down whatever changes are being made. Bailey: Through all the projects. Yeah. And, actually, with this -- with this current site and the study we have there now, if we just took a trackhoe in there and removed those three culverts from that area, the calculations show that without any other grading, that it would maintain the flood within the channel. De Weerd: I guess I would just have -- do you have specific builders that would be building in this subdivision? Bailey: I do not know the answer to that. The developer usually develops lots and typically sells them to either a builder or a group of builders, but I don't know the names of them. De Weerd: Okay. Well, do they have experience building in these kind of situations? Bailey: Yes. De Weerd: And do you have design standards and are some of these dealt with -- the building specifications and requirements go through the CC&Rs? Okay. Wardle: Madam Mayor? Bailey: I'm sorry I'm not very good at that. I normally do dirt. De Weerd: Mr. Wardle. Meridian City Council July 12, 2005 Page 36 of 68 Wardle: If you could point out to me where we are talking about the slab-on-grade foundations. Is it within the flood zone or is it over here in this corner? Bailey: It is the entire project. The entire project we will require all houses to be built with slab-on-grade construction and we will specify in our plan what that finished floor elevation has to be to make sure that there is proper drainage away from the houses. And also show lot drainage pattern. So, we will actually grade all of the lot pads with the conception of the subdivision. They will be all graded. So, the grader needs to go in, dig the hole for his foundation, set the top of the slab at the elevation that we give them for the house and, then, do the find grading on the -- on the project De Weerd: And who follows up with that? Is that one of our inspectors' responsibility or is that something monitored through your subdivision? Watson: Madam Mayor, Councilmembers, it would be something that will be checked through the building department. There will be a master grading and drainage plan. I didn't get a chance to really -- and Mr. Bailey did hit some of the highlights of the site- specific comments -- or condition number 16. It requires this master grading and drainage plan that will be reviewed by engineering and, then, transferred to the building department for a follow up. We will not be doing the survey to certify where those are, but we will be requiring that from the builders or their surveyor. De Weerd: Okay. Any further questions? Thank you. Bailey: Thank you. De Weerd: Okay. This is a Public Hearing. Is there anyone in the audience who would like to provide testimony on this application? Please come forward. Please state your name and address for the record. Brown: For the record, Kent Brown, 1800 West Overland, Boise, Idaho. I guess I'll tell you a fable with regards to flood plane. A good story -- at least it's a story that was told when I was at Boise city and worked for the city with regards to flood plane. J.R. Simplot has a small house, or used to, that sits up at Bogus Basin Road area and he has gullies on either side of him. So, what Mr. Bailey was talking about with the gullies on either side, those are flood ways. So, someone smart from the map says, well, those are -- have to overlap, because they are so close and Mr. Simplot's house is in a flood way. Obviously, we have common sense to know that that's not the case, but that's kind of how those maps were originally done. And so the flood ways that are shown on here are just lines that there is -- there is streams here and there is a possible flood way. Mr. Coons has done a detail study and as soon as those three pipes are removed, that removes it down into the channel. As she stated, we have dealt with those same issues when we did Tuscany Lakes. Came into the same guidelines that we were looking at before. The roadside swales that they are talking about are the same roadside swales that we are using to the north. The highway district has standards that they want the CC&Rs to look about for the maintenance of those. We Meridian City Council July 12,2005 Page 37 of 68 are very grateful for Mr. Mills that's sitting here and what the highway district's done to come up with this alternative street section. And particularly in this area, some areas in Star, they are a great asset. We have already got one plat already done, Messina Hills Two, and I just took -- you know, different times when we've had those early spring rains and the ponds were all filled up in the development, but those roadside swales were dry. It's a great method, it just makes a lot of sense. I understand what the highway district's concerns are is the long-term getting them into shape and they had the guidelines and they had the set standards to assure that they are going to be taken care of. And from a development community standpoint, we want them to work and so we are very supportive that those happen, too. And I'll stand for any questions. De Weerd: Any questions for Mr. Brown? Okay. Thank you. Further testimony? Okay. Final comment? Wildwood: Just would, again, Madam Mayor, Members of the Council, we really have appreciated the hard work of the staff and all the folks. This has had a really long hard look and there has been a lot of head scratching, but we think we have come up with a project that -- because it can be developed appropriately, offers some real advantages to the City of Meridian and a lot of wonderful amenities to the folks that we hope to have building in there and the slab on grade is going to avoid a lot of those problems that, as Mr. Brown pointed out, the CC&Rs are reviewed by the building department, the slab on grade and the planning ought to bring this project forward and be something the city can be proud of and thank you very much for your time. De Weerd: Can you tell_ me who the builders are in this -- Wildwood: On this particular project I cannot. I know there is a variety of builders that we will be looking at. I'm not -- I don't have any information that says it's going to be anyone particular builder. I think there is a group of them, but I'm not sure exactly who they are. And Mr. Glasgow was not able to be with us tonight, so he could have probably specified that better than I. So, I'm sorry, I don't have that information. De Weerd: And I guess I asked it just because of the conditions that we want to assure -- I would like to be assured that the people that will be building in there know what they are doing. Wildwood: Correct. And that's -- by working with the staff and having the level of detail that we are looking at by requiring the slab on grade, the inspections, the CC&Rs, the kind of work that Mr. Bailey has done, those kinds of things will go a long way. We are not going to run into the kind of water in the crawl space that's occurred in some of the area that have caused problems, not only in Meridian, but also in Boise. By doing all of these, the compaction on each one of the lots, by having to have the survey for where the exact locations are of the elevations that Dave was talking about, each one of those are an extra effort, so that the product itself is really going to be a quality one. We are not going to have those kinds of problems, simply because of all of the different elements that have to be in, simply a requirement in the CC&Rs, which, as we all know, Meridian City Council July 12, 2005 Page 38 of 68 can be changed. These are the grading plans, the building permits; all of those go in place. So, before a certificate of occupancy is issued, each one of those technical requirements are met. Same thing as the LOMAR on the FEMA with the flood plane. Each one of those items have to be met before development can occur in any of those areas, particularly in those two phases. De Weerd: Okay. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Though not shown or presented to the Council, you have a board up here with some product. Is that the project that will be delivered on this project or just a pretty picture? Wildwood: Well, they are pretty pictures. What these represent are the alley-loaded homes. They do not show garages at the back. Most people have a question as to what the alley loads are going to look like, which is why we put this photo board together. So, this represents alley-loaded properties that are in the area. Some are in Boise. Some are in some of the other areas. But that's generally the question that we run into. The CC&Rs will, of course, have that minimum square footage. They will have the -- shoot, I always forget what it's called. The hard surface that has to be wrapped on the front, whether it's stone or brick or whatever that sort of thing is specified there. But this gives you an idea of the alley loads. Because of the different -- different size that -- and if I can jusfrefer to the drawings again. We put it on this like quadruple heavy foam board, so if I drop it, I apologize. You will notice that there is a significant difference in lot sizes. These were negotiated out with the landowners to the west who have large properties. So, we have got larger properties against them. You have got the alley loads. So, we have got a significant variety as far as lot sizes and home sizes in the area. We will see fairly widespread product in just this project alone. And, then, you have got the differences again in Messina Park and Tuscany to the north. Rountree: Thank you. De Weerd: Any further questions? Okay. Wildwood: Thank you, Madam Mayor, Members of the Council. De Weerd: Okay. If there is no further testimony-- Canning: Madam Mayor, Members of the Council, just because there has been a lot of discussion about this slab on grade, I did want to point out that staff has not made it a requirement for the slab on grade construction. It talks about this slab on grade construction is used in conjunction with typical footings. Builders of each lot shall comply with all recommendations contained in applicant's geo-technical engineering Meridian City Council July 12,2005 Page 39 of 68 report dated 6/10/04. So, it allows for slab on grade and gives them specific conditions as to what should happen, but it does not currently require slab-on-grade construction. Rountree: Madam Mayor? Do you have a question? Wardle: Well, I was just going to -- De Weerd: Mr. Wardle. Wardle: Madam Mayor, I was just going to ask for clarification, because I believe my question to the applicant and the response was that all of the lots will be slab on grade. So, would planning staff like to add that as a condition of approval? Canning: Certainly. If the City Council would like to add that as a condition of approval, that's fine. We just didn't make it a requirement -- I guess we would just leave the option open. If, for some reason, that slab on grade wasn't appropriate for one lot, it left it open, but I think -- we don't have any concerns about making it a condition of approval. Wardle: Okay. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I have a question for Anna. Would you put this development in context with what's around it? Anna: Certainly, sir. And you're going to stump me a little bit, because I'm not sure where Tuscany begins and Messina begins and Tuscany ends, but I believe that these are the Tuscany projects and, then, these are the Messina projects over here. And, then, it -- they come through off of Eagle Road, it connects in, this is the school site, [ believe, and, then, these have gone through final plat through you. I don't think they have been signed yet. They are not showing up on our -- as platted lots. And if you had more questions, this man might be able to help me. They are recorded, they are just not showing up. So, these are all recorded and, then, you have approved final plats on all of those over here. So, this does connect over through the next application and, then, back up into Messina and Tuscany. Rountree: I know that the key along side of that tells me something, but at this point I can't read it clearly and I have trouble with colors anyway, so -- I think they are all yellow, but I think they are different shades of yellow. Canning: R-4 zoning in these areas. This is an R-8 zoning. A little darker. And they are proposing R-8 zoning. And Messina Meadow is also proposing R-8 zoning. Meridian City Council July 12,2005 Page 40 of 68 Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Another question. What number or percentage of the lots that we are talking about that would require reduced frontage and/or lot sizes. Canning: If you can give me a moment, I could see if it's in the staff report. Madam Mayor, Members of the Council, 144 of the 166 lots are below the 64 foot minimum frontage requirement and 135 of the 166 lots are below the 6,500 square foot minimum. De Weerd: And what's the net density? Canning: You will have to ask the applicant. I did not find it in -- Rountree: 3.8. Canning: That's the gross density. De Weerd: Oh. Yeah. There is no net density. Canning: I was not able to find a net density either. De Weerd: I wouldn't have accepted this application. Now, as I understand it, the number of other lots was reduced. Is that right, Susan? Isn't that what you said? But the number of building lots were not. Were they increased? Okay. The answer was no, Dean. You couldn't hear that, could you. Okay. Council, any further information? Mr. Watson, you have a comment? Watson: I'm sorry, Madam Mayor. Just one point of information that should reflect either positively or negatively on this, but we are just getting to that point in the south area where I need to bring this to your attention with each application. Based on our sewer modeling and considering the pre-plats that have been approved by Council, we have an estimated 1,079 ERUs left. With this application it would be reduced to approximately 900 and I could give it later, but we will consider it here in a few minutes, if Messina Meadows proceeds forward, that would reduce the available capacity in the Ten Mile Trunk to 424 units. I just wanted to point that out as we start getting to that point. De Weerd: And those calculations, Brad, are those considering -- that's all preliminary platted lots? That wouldn't be the final platted or considering phasing? Watson: Madam Mayor, we consider those ERUs consumed as soon as the preliminary plat is approved. De Weerd: Okay. Meridian City Council July 12, 2005 Page 41 of 68 Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Before I guess I give my personal opinion on slab on grade construction, Brad, do you have any professional opinions about that type of housing construction? Watson: Madam Mayor, Councilmember Wardle, no, I don't, other than I have been told it's more expensive and that long-term access -- future access to some of your utilities is a little bit difficult. Wardle: Thank you. De Weerd: And considering the price of concrete -- okay. Mr. Wardle, please, share your opinion. Wardle: And, Madam Mayor, just to make my comment on slab-on-grade construction for housing and that I don't see it as a deterrent to having a quality housing development. In some ways it is more beneficial. I personally being one of those individuals that doesn't like to get down and crawl around underneath my home. Certainly it has some advantages in a situation like this, having an applicant ask that it be -- or at least offer to make it a requirement to relieve some groundwater issues that may potentially in the future become an issue is certainly something to consider. So, that was my personal opinion. De Weerd: Thank you, Mr. Wardle. Is there any further comment? I would entertain a motion. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Hearing no further comment, I move that we close the public hearings on Items 17,18 and 19. Donnell: Second. De Weerd: Okay. Motion to close Items 17 through 19. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Wardle: Madam Mayor, question for legal counsel. Where would that additional requirement fit in, Mr. Nary? Meridian City Council July 12, 2005 Page 42 of 68 Nary: Madam Mayor, Members of the Council, Councilman Wardle, I think the discussion we had was probably putting it in the development agreement, would be appropriate and probably in the conditions of approval as well for the planned development would make the most sense. So, in Items 17 and 19. Wardle: Seventeen and nineteen? And would we need to bring back the Findings for that or -- Nary: Madam Mayor, Members of the Council, Councilmember Wardle, since it was just a recommendation at the Planning and Zoning level and was not included in the Findings that are before you, yes, I would recommend that we bring them back in two weeks with that addition. Wardle: All right. Madam Mayor, with that I move that we approve Item 17, AZ 05-007, request for annexation and zoning for Bellingham Park Subdivision and to include all staff and applicant comments and to include the condition as stated by the applicant that each of the foundations for the homes be required to be slab-on-grade construction and to bring back those amended Findings. Donnell: Second. De Weerd: Okay. The motion to approve Item 17. If there is no further discussion -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I just need to make a comment I'm really torn with this particular application. There is a lot of issues with the site and appreciate the amount of time and energy that's gone into trying to make it work. I'm not sure it does. I'm concerned about if we annex this into the city, we are annexing into the city a subdivision that's taken full advantage of a planned unit development and pretty much -- pretty nearly, entirely, is an exception to what we would consider an R-8 lot as a minimum and not necessarily consistent with its neighbor to the north. I see wide streets and shallower lots and long streets with every house being 20 feet off the road and looking exactly like the neighbors. And I don't see amenities in this particular subdivision that shout out to compensate or add to the value of having to this kind of development to Meridian. For those reasons I probably will not vote in favor of that motion. De Weerd: Okay. Thank you for your comments. Is there any further discussion? Mr. Berg, will you call roll. Roll-Call: Bird, absent; Rountree, nay; Wardle, yea; Donnell, yea. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. Meridian City Council July 12,2005 Page 43 of 68 De Weerd: Okay. Thank you. Item 18. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve Item 18, PP 05-009, to include all staff, applicant and public comments, including the comments of the addition to the CC&Rs in regard to maintenance of the road swales. Donnell: Second. De Weerd: Okay. Motion to approve Item 18. Is there any discussion? Mr. Berg. Berg: Thank you, Madam Mayor. Are the Findings okay to approve or-- Nary: Madam Mayor. De Weerd: Yes, Mr. Nary. Nary: Madam Mayor, Members of the Council, I think since we are going to have the other ones, I would -- you can certainly approve them tonight, but I have them follow it on the 26th, as well, with the other, so that way they stay together as one project. Roll-Call: Bird, absent; Rountree, nay; Wardle, yea; Donnell, yea. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. De Weerd: Okay. Item 19. Mr. Wardle. Wardle: Madam Mayor, I move that we approve Item No. 19, CUP 05-008, planned development for Bellingham Park Subdivision and to include all staff and applicant comments, in addition to the two previous conditions in regard to slab on grade construction and roadways. Donnell: Second. De Weerd: Okay. The motion is to approve Item 19. Mr. Berg, will you call roll. Roll-Call: Bird, absent; Rountree, nay; Wardle, yea; Donnell, yea. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. Item 20: Public Hearing: AZ 05-017 Request for Annexation and Zoning of 137.96 acres from RUT to R-8 zone for Messina Meadows Subdivision Meridian City Council July 12,2005 Page 44 of 68 by Tuscany Development, Inc. - on South Eagle Road between East Victory Road and East Amity Road: Item 21: Public Hearing: 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: Item 22: Public Hearing: 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: De Weerd: Okay. Items 20, 21 and 22 are public hearings on AZ 05-017, PP 05-019, and CUP 05-026. I will open these three public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is Messina Meadows, which, as you know by now, is right immediately east of Bellingham Park. It's located south of Victory and west of Eagle Road. The applications before you tonight are annexation and zoning, preliminary plat, and Conditional Use Permit for a planned development There are 491 single-family residentlallots proposed and 67 other lots on 136.72 acres. That's a gross density of 3.5 units per acre. Point five eight. Excuse me. And it is a proposed R-8 zone. They have requested a planned development to facilitate patio homes and for reductions to the minimum dimensional standards for their standard lots as well. The standard -lots are requesting a reduction from -- sorry. Just a moment. The PO is requesting reduction from 6,500 square foot standard, down to 3,600 square foot minimum. And from street frontage from 65 feet down to 40 feet. There are 65 single-family residences and 103 townhouse lots that are below those minimums -- the standard minimums. So, in this case it's about one fifth of the -- or one fourth of the units. On the standard lots, they are requesting a five-foot rear side entry garage as a reduced minimum. On the park side lots, which I will zero in on, these are -- these are the park side lots. And let me explain how these work. I have called them park side. I don't know what the -- that's their name, but -- these are the roads that circles them and, then, a private road that comes on the east boundary and, then, you will see the alley connection between the streets and the second alley connection there. These wide connections here are an open space lot. They are not a street These are open space lots. So, the houses front onto an open space lot and you will see an open space lot down here as well. I may have some pictures of those I will go to briefly. That is the elevation from the alley and these are the elevations from the front on the open space lot. De Weerd: Anna, how wide are those roads? Canning: It's the same road section that Bellingham was proposing. I'm not sure whether they are -- the sidewalks are in an easement or if they are in the right of way on Meridian City Council July 12,2005 Page 45 of 68 this one, so the applicant -- I can look it up after I finish, if you'd like me to, or the applicant can answer that question. De Weerd: Okay. Canning: The amenities include an eight and a half acre park and also a .3-acre clubhouse with pool, which I can't locate anymore. Okay. And those are located in this area right there. There we go. De Weerd: That's a road. I need to put my glasses on. Canning: Some of the significant features -- this is the Ridenbaugh that dips into the corner of the property. And, then, we have a drain that traverses the north side of the property. We have the Ten Mile Creek on the west end of the property in the flood plane designation as depicted is -- currently follows these blue lines. You also have the Eight Mile Drain -- no? Oops. I'm going to give up now. I'll have the applicant explain where the Eight Mile Drain is. There are a number of small drains, as you see them. Most of those are just to serve the site, but the Eight Mile Drain is on the property as well. Oh, he's shaking his head again. I think he's pulling my leg, but we will -- the same issue regarding the Ten Mile Creek applies here as was discussed before. They do intend to do a LOMAR. We have added that same condition of approval, just with regard to the -- if that is not accomplished, then, they will need to come back or not develop in those areas. The Planning and Zoning Commission has recommended approval at their June 2nd hearing. The key issues of discussion were the impact of the development on the Stark's property. And they are located down in this corner. The landscape buffer on the north and east side of the Stark's property, that property line dispute between submitted survey and legal description of the Stark's property, so that I think you're seeing that the conversation focused almost entirely on the Stark's property. They did also talk about the Ten Mile Creek sub plan. the mixed medium and low density housing products and lot sizes and allowing the Starks and Tuscany development to reach an understanding. It does appear that they have met I noticed that there is a letter from Steven and Kathy Stark regarding two conditions of approval that they are requesting be added that were the result of the negotiation or -- and, then, those testifying in favor at that Public Hearing were Kent Brown and Craig Groves. No one spoke in opposition. And commenting were Steven and Kathy Stark. The key changes to staff's initial recommendation by the Commission were that they added several conditions of approval regarding the Stark's property. And they also added five -- or those are detailed. There is five of them in your summary document. You got a revised cover sheet today and if you will notice on the second page of that -- I believe it's the second page. Let me double-check. On the second page of item number one, you will see some add underlined text, that was accidentally omitted from the first one, so that -- that was part of the minutes, but it was on a second page. Staff originally missed it So, that's the only change. That's why we got an amended cover sheet to those, just to add that remainder of that sentence. So, those five conditions that the Commission added are shown there. They also added the following comment: The applicant shall work with the Starks to resolve property line dispute and provide legal Meridian City Council July 12,2005 Page 46 of 68 descriptions as agreed and to amend the Starks property to reflect the current fence lines on the north and east of the Stark's property. There do seem to be some outstanding issues before Council. The first one is requiring an amended survey to reflect the property line amendments, as we agree upon by the applicant, as I just noted above. The second one, the Council should consider the earlier conversation during -- about the parks department's ability to get these parks up and running. The Council should decide whether that is an appropriate location or desired location for the park. Staff does want to point out that it's not on the arterial road, you do have to come into the development a fair ways before you reach that park. And the third one is that, again, similar to the previous, although not as constrained a site, there are a number of issues related to the development of this property. Those include the flood plane and not the -- and it isn't an associated issue, but also their high groundwater and poor soils. Again, this site is quite a bit higher relative to Bellingham, but there are still concerns related to the property. I have some other pictures. This is the blow up of that park site area. There you have the flood plane. I was told this is the Eight Mile Lateral looking west. And this is the one where -- apparently I'm incorrect. This is the future park site looking south. It was raining that day. The groundwater issues aren't quite that high. And this is the -- towards the north end of the property where the multi-use pathways would be looking east. The trees you see are the -- all along Eagle Road. And, then, you can see part of the Messina development underway, with the unfinished -- there we go. You can see the building that's in the Messina property. And, then, as I mentioned, these are some of the elevations. This is what they would look like from the alley side and, then, this is what they would look like from that lineal open space park side. That style of development is -- this is the first time it's come before Council. They ran it by the planning department a couple different times and ways before they submitted it. It's -- it's an appealing concept, in all honesty. It provides a real different product for anything you have seen before and they were able to address the fire department concerns with the alleys and with the -- some private roads, so they seemed to have met those. They also have little parking areas, I believe, where these open up. There is linear open space going north-south as well. And they have little parking areas there for guest parking. I think with that I will end staff's application -- or staff's presentation, so that we can find out where the Eight Mile Lateral is on the property. De Weerd: Any questions for Anna? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Anna, you indicated that that had been resolved with the fire department on the alley access to that park side area. Canning: That was my understanding. Rountree: What was that? And maybe Chief Anderson can address that. Meridian City Council July 12, 2005 Page 47 of 68 Anderson: Thank you. Councilman Rountree, to my recollection I think what we finally resolved was that there would be a blocked out no parking space where the fire department could pull a pumper in to access and, then, stretch our hose Jines down the length of that Is that correct, Kent? I guess I'm incorrect, too. So, we will find out where the Eight Mile Lateral and where the fire departments going to access these buildings, I guess, from the applicant. But that was our concern is being able to reach the length of these buildings, because of the closeness and fences are built in between these buildings, whether we would be able to get to the front and the rear of the building. De Weerd: Okay. Thank you. Rountree: I'm sure we will get an answer. De Weerd: You can count on it. Right, Kent? Okay. If you will, please, state your name and address. Brown: For the record, Kent Brown, 1800 West Overland, Boise, Idaho. I am excited about this project. There is a number of things that we have been working on for like a year and a half on it. The comment about the parks department, we started with the parks department, because the Comprehensive Plan says that the city wants a park out here. So, we worked with them initially. One of the things that might interest you is this point right here is the center -- this point right here is the center of the section. So, even though it's inside the development, the other part that -- and I'll try not to shake, but that's not going to happen. You have a collector level road. This is Eagle Road right here. The collector level road comes right in right to the park right here. This is Montique. It goes straight up to the elementary school to the north and has a connection to Locust Grove. I believe this is de Vinci. de Vinci is right near the Ridenbaugh Canal and there is a canal crossing there. So, this area over in here can also access it Bellingham that you just approved, comes in right at this location with their street location. You come right in and we have a pedestrian pathway taking this right into the park at that location. You also have a collector level road coming from the south from Amity Road going north up to the park. And so everything kind of funnels one way or another to the park. We have a single sided street, so we have all of this side that can be parked on for park activities. Anna, let's talk about that other map I gave you. The other one. Can we put it on the screen? I think if you will look at this one, we are going to look on the screen with this one. What we did with Joe Silva at the fire department, we initially talked about blocking out some areas in the center of the block, so that they could go north-south in these block areas and what we did is widened the street sections to 24 feet, which, then, the fire department said that they had total access. The houses are set back 20 feet from the street. And, then, if you look in between the units, if you look at what's on the screen, the park -- that eight acre park sits right here on the top part of the screen. You have the ability to come out the front of any of these houses as they are built and walk to the park here. You can come back around and go north-south down to the collector level road -- okay. Where did it go? To go to the collector road here. So, everybody that is there has the ability to Meridian City Council July 12, 2005 Page 48 of 68 come out onto a green space. Basically, the users of these are different than my wife. They don't mow lawns, for the most part. My wife really gets a charge out of mowing the lawn, so I tease her about that. Rountree: Send her over. Brown: Give me your address and I'll tell her. One of the things that's kind of unique about the way that we have done these is we don't have any zero lot lines, we don't have any attached housing or, if you will, a patio home. We are setting these houses on the center of the lot with the building setbacks on either side and, then, through CC&Rs what we are doing is we are making it so that this unit here has, right up to building side there, use of that side yard line. So, even though five feet of it is theirs and five feet of it's their neighbor's, they are using that ten feet between the two buildings. So, the only place that you have a gate or a fence is right here at the building line and, then, you have a gate here and we told the fire department that if they pulled up here and they wanted to come in the front, there is gates this way, there is no fence between the buildings. In a standard development you have a house five feet off with a fence there. We have got ten feet in between those buildings and you can go down the side. The other part that's really nice about that is that we are secure in this area -- they have a private space. They might have windows, but they will be up high, so that it is a nice private space. And that's part of what we are excited about. We are asking for a five foot setback off of what would probably typically be viewed as the rear of the house. But, realistically, as you look at those elevations, we have a door to the private street that Anna called alleys in this space and we have a door out the front. So, there is -- realistically you have -- and if you look at those elevations, both sides of them look very nice. I mean it's porches and so forth on the park side and, yet, the back side of those houses where the garages were were still very very nice and we are working with about three different builders that -- my clients are here, the developer, and they can -- I mean if you need names -- I know that Eaglewood is one of the ones that they are planning on taking down 60 of those lots. There is a hundred in all. A little bit more than 100 by 108 or something like that overall. But we are real excited about these. These are also located next to the biggest open space in the development. So, even though these people have the least amount of lawn, they can go have the Meridian parks department mow the lawn that they want to go play on, if you will. So, that's very nice of you guys to do that. And we want to make sure that there is a lawn. My clients want to green this park up, they want to make sure that it's usable when we come in and so we have talked to Doug Strong and we want to green it up. We have also agreed that -- that we would do the restrooms and any of those other tot lot type things in a parking lot, if we could get reimbursed for those other items. We are willing to green it up, get it so that it's a usable park, but if we could work out a deal to being reimbursed for the -- a tot playground area and a restroom. One of the thoughts that we had is that you might have perpendicular parking, because we have this one whole side. Doug liked that idea. I think we need to work with Anna if we do that I don't know that that's necessarily what your planning department likes. But you just have it to the south of this particular building with Meridian Chamber of Commerce and you have similar type parking. You have that same type of parking that we would be proposing also with your Meridian City Council July 12,2005 Page 49 of 68 Boys and Girls Club and the park area that you have to the east of it. That's what we were thinking could be done in this particular area. One of the discussions is is that -- and we had discussed this with my client prior to it being a condition, but every single lot in this subdivision will have an elevation as to where the house is going to be built. My client had already asked us to do that and what you get out of that -- and that's the same condition that you had on Bellingham, to do a master drainage and grading plan, and what you get by that is that you don't have one builder stick the house out of the ground too high and slope it so that he floods his neighbor or one stick it down too low. And as Mr. Bailey spoke, it is a standard requirement of Ada County that engineers provide those kind of plans, so that the builders put the houses at their right elevation, thereby -- by doing that, then, you're getting the water away from the foundation a little better. I mean you're still going to have people that maybe are going to overwater, but at least the grading is there to make that happen and happen so that it -- you know, unless it goes for days, you don't have as many problems. And that's why Ada County has kind of put that as a standard condition. And you have that as a condition of us on this particular development. I don't know if I -- unless I want to just answer your questions that you might have, that's all I can say at this point. De Weerd: Okay. Council, do you have questions? No? Okay. Thank you. Okay. Is there anyone who would like to provide testimony on this application? Outside of the developer. Please state your name and address. Johnson: I'm Greg Johnson at 2432 Can Ada Road. De Weerd: Thank you. Johnson: First of all, [ think it would be very appropriate this day that there was a nice article written in the paper about the City of Meridian and its selection as the 74th most livable city in the United States of America. I remember very clearly 1989 when we presented our first plat in Meridian and I'm very glad to be a part of that and I think everyone here has been a great influence in that happening in the City of Meridian. The proposal that we propose on the park is very similar to what we achieved in Bear Creek. It was a larger park. It was 19 acres, instead of eight acres, but it's a very similar arrangement. We are very happy with the Bear Creek Park and how the Bear Creek Subdivision has marketed and how the city has maintained a beautiful park. We have never had an issue of poor maintenance or anything in that. I really appreciate the parks department for that and everyone here for supporting us in that. We are asking to be reimbursed for the restrooms. They are a fairly expensive construction item to a park. We are asking to be reimbursed for that construction out of park fees. We will be glad to construct those facilities during our construction, because I think they are much more easy to put in initially and have them as part of the park to start with, instead of the way we did it at Bear Creek. But it will be a beautiful park and I know it's a little smaller. It will be very functional. I think the fingers that go through the park site product really make them all part of a total park setting and we are really excited about this product. Similar things have been built in San Francisco and other markets. We think we have corrected some of the things that make them a little more difficult and with our wider Meridian City Council July 12, 2005 Page 50 of 68 street section and setting our garages back from the alley, it gives a nice street appearance on that side and, yet, we have a wonderful livable park area and it really becomes and community playground and for young children to go out of their home and play with neighborhood kids in an area where mom can see them out of the kitchen window and other things, I think will be a very fun neighborhood to live in. This determination of the elevations of each lot I think is important for us as a developer. We have tried to monitor that and other methods, but where we sell to multiple builders, it's very difficult and we would rather have it on the plat and monitor it that way from the start and if somebody messes up, they dig out a foundation. And it will help resolve a lot of issues. It usually ends up, as Kent described, it's usually one house is set too high and one a little too low and you just can't resolved the issue if that happens. So, they each will have a specific foundation height to meet and that will have to be done. Again, we appreciate all your support and thank you for this opportunity to present this application. Any questions? De Weerd: Any questions, Council? Okay. Thank you. Any further testimony? Stark: My name is Steve Stark. I live at 2630 East Amity Road and is it possible to put up the development map up there? We live on the three acres surrounded by the development right down there and as you can see, we are being really -- our life is changing dramatically by this development The night of the Planning and Zoning meeting my wife and I met with Mr. Craig Groves and we came to some agreements that were mostly included in the Conditional Use Permit, Exhibit F, but two of the most important things that we agreed to that night were not included in the permit and so I wrote a letter, it was delivered today, and what we are asking the Meridian City Council to do is, please, include the two conditions that in our letter in the specific -- in the site specific conditions as a condition of approval before approving the Messina Meadows Subdivision, so -- and I heard during the opening comments that there was an addendum added to it that I didn't get a copy of and I'm not sure what that was, an addendum, and I talked to Joe Guenther from Planning and Zoning and he said he was going to have an addendum on there, but this is what we agreed to. In our letter, the first thing is addressing the garage. Oh, thank you. Oh. Okay. What we added to this is that the garage will be constructed on the same setback as the driveway, five feet to the north property line on Lot 6, Block 9. What we agreed to at the night of the Planning and Zoning meeting is we agreed to have the garage of the house on lot directly to the east of our property, Lot 6, Block 9. It would be placed so that it would be attached to the house and stand directly between our property and the driveway, so the automobile would head directly down the driveway straight into the garage to minimize headlight glare and also agreed to restriction on the windows on the west side of the house built there and the reason why we are asking for that on this driveway -- it's not a conventional driveway off of the street like normal where you head directly into a garage, it goes down and passed this lot into this lot and our house sits right here and so Mr. Groves agreed to place the garage so it would directly block the light coming into our property. Also, we agreed to the second and third lots on the east side of our property, which on the plat we looked at was Lot 8 and 9 of Block 9, be limited to single story homes, with the exception of bonus rooms over the garage, dormers facing east, Meridian City Council July 12,2005 Page 51 of 68 and that's this lot and this lot. And these items were really important to us. We agreed upon -- Mr. Groves was at our house on July 5th and we talked about those specific things. I don't think there would be any controversy. So, that's alii would ask. Thank you. De Weerd: Thank you. Council, any questions. Thank you, sir. Okay. Any further testimony? Okay. If you'd like to make final comments. Brown: I guess, just in summary, what we did is we took the successful parts of what we learned in Tuscany Lakes and Messina Hills and Messina Village that are to the north and those have been very successful for us and have brought those down in Messina Meadows. We had learned about this alternative street section up there, we had never done those before, and have brought those down into this portion, too. If you will, what's kind of different in this is that we have added to what we have already previously been successful with, we have added a city park and we have these park side lots and we are excited about both, we are excited to have the city park located in this development and to gift this to the city and to do these things to make this happen. And we think that we have addressed all those issues. This did not have the water problems that we had in some of the portions of the development to the north and so we are confident that we can go forward and address the city's concerns. De Weerd: Kent, what is your open space in this? I have been looking through this application and I -- I'm sure it's there, I just can't find it. Brown: There is a whole series of different open spaces. We have the Ten Mile pathway that is along tliis portion here. We have an open space that walks over into what the Bellingham park is. We have the parkways that we are providing with these lots that are also in that open space. We have the pool and clubhouse that is located here. I really haven't even talked about that, but we have provided a means from different portions of the development to go through open spaces here to get to the pool. There is connections this way, so that other portions of the development can get there. One of the things that this alternative street section is that you gain this green space and we are putting trees on every lot line throughout the development that you have what appears to be bigger spaces. I remember sitting on the Planning and Zoning Commission when Woodbridge came in and they offered to have sidewalk on one side of the street and, then, have more landscaping. Basically, with this alternative street section you end up having a lot of that take place and you have more landscaping and, then, get to where the lots are at. So, specifically when we have these collector level roads and, then, have landscaping, you have lots of -- lots of landscaping before you get to those. And so I hope that answered that question. De Weerd: Well, it didn't. What percentage of open space do you have in there? Brown: According to the plat we have 25 acres of open space. Percentagewise -- I'd have to look at my application, but I believe it was like 13 or 14 percent open space overall. Meridian City Council July 12, 2005 Page 52 of 68 De Weerd: Wow. Twenty-five acres. Amazing. Okay. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Kent, if you could just -- I'm sure you answered this. If you would walk me through the -- how you addressed the fire department's concerns. De Weerd: When we had the fire department discussion, we had a narrower street section. We had a 20-foot section. And so what they were asking for is in -- where we had the parking stalls here, that we provide an asphalt area to go north and south, basically making those every 250 feet, a means that they could go that way. By widening it to 24-foot, which is what they have used in other private roads, then, they have that access and, then, I think on top of that is that we have that ten foot of room, instead of five foot on either side of that property line that the fire department can easily run down between the units, because there is no internal fence in that area and so that's how we addressed it with Joe Silva. Wardle: Okay. Madam Mayor, an additional question. And seeing the staff report and hearing testimony from Mr. Stark, do you believe that addresses the concerns that he -- the addition to the recommendation -- do you believe it addresses those concerns and you are in agreement with it? Brown: Yes, we are. Wardle: Okay. Brown: We have provided them with a letter, an agreement to comply with those. Anna did make a good suggestion, as other discussion was going on, that in between these units that we grant easements to specific lots, instead of trying to cover it in the CC&Rs. And I think that that is a great idea. Then, it's on the plat, there is no question about that and it would just be an easement granted to the particular adjacent landowner for the use of that area and they are going to maintain -- operate and maintain it. De Weerd: Anything further? Okay. Kent, you mentioned that you have different housing choices when you have the park neighborhood or what -- what are you calling that? That unique space. Canning: Park side. De Weerd: Park center. Brown: The park side lots? Meridian City Council July 12,2005 Page 53 of 68 De Weerd: Uh-huh. Brown: Okay. De Weerd: What are your different lot sizes? Do you have -- you have those types there, but do you have other kinds of housing choices? Brown: If you look down towards the Ten Mile in the greenbelt area, those lots are among our largest. The ones that back up to the Starks are some of our very largest and they -- I could give you some dimensions or square footing, if you like, if that's what you want me to do. De Weerd: Then, in the front of your development you have -- are those patio home sizes or -- Brown: We have 50 and 60 foot wide lots in some of those, but the lot square footage is somewhere around 7,000, 6,600, in that area. Basically, I guess what -- in my summary, those lot sizes that were successful for us in Tuscany, we tried to bring those down into this same area and some of the lots you have in Tuscany Lakes that were a little bigger, you're going to find those more along the south and west side of our development. Some of the houses that have been very successful within Tuscany Village are over closer to Eagle Road and, then, you have kind of a transition in the middle there between the two. De Weerd: Mr. Rountree. Rountree: Madam Mayor, what happens on Lot 7 in Block 11, the one just west of the Starks? Brown: Just west of the Starks? Rountree: Yes. The one on the -- Brown: There is an existing house on that lot. Rountree: Okay. Brown: And-- Rountree: So, that stays in place? Brown: That stays in place. Rountree: And you will access through the subdivision? Meridian City Council July 12, 2005 Page 54 of 68 Brown: It has a private drive and it has a full access on the internal part of the subdivision, yes. Rountree: Thank you. De Weerd: And I guess I have a final -- I won't say it's a final question. I have another question. Brown: That particular lot -- if I can -- that particular lot is almost an acre in size. mean and that kind of shows you some of our diversity. I'm sorry. De Weerd: And you will keep the house on there. That house is -- Brown: Yes. De Weerd: How are you phasing this, Kent? Brown: It looks like two or three phases. De Weerd: And will the park side neighborhood and park and the clubhouse be in the first phase? Brown: Yes. And I'm glad you brought that up, because that -- I forgot about that when -- our initial phase -- we are going to come in with the main road here and come in and include the clubhouse and pool and, then, come all the way over to this point and come down and stay out of the flood way area and include all the way over to Bellingham. So, our park, parkway lots, and basically everything north of that Mona Lisa Drive, the main road in, is in one phase. For us it's about the largest phase we have ever done. I think it's 308 lots is what we are hoping to do. De Weerd: And so just to get an idea on the park, you will do what you would need to do typically for your green space, the additional amenity of the restroom and a tot lot would be asked of the city. Brown: And any parking lot that you would want for that. I mean we need to work out how that's done, but, yeah, the parking lot also. For reimbursement. De Weerd: Okay. Any last questions, Council? Okay. Brown: We would like to also -- like we discussed in Messina Hills, we want to build this clubhouse with our development. So, we would like that approval to do so. You granted us that approval in Messina Hills Three. De Weerd: Are you saying you won't come with change orders every other week? Meridian City Council July 12, 2005 Page 55 of 68 Brown: The pool, as Grady just kind of corrected me, doesn't have a clubhouse, it has a changing room with it. It doesn't have like at Two Rivers type of clubhouse, but it does have a changing room and a pool area. We also in our proposal wanted to have parallel parking, instead of having a parking lot. We have a lot of frontage right there for that pool versus running in and having a parking area and that was in our initial application also. De Weerd: Kent, if this is going to be a city park -- and I understand you will probably put city park on your plat, but just so the neighbors know that that will be a public park -- and there will be traffic going in there, how will you provide adequate notice so that the neighbors are aware? Brown: What we did in Messina Hills No. One, we had school lot, we called it out of a school lot. On this particular preliminary plat we called this out as a park lot, not as a common area lot. So, that's, I guess, how we get to that. De Weerd: Will you allow signs -- directional signs to the city park or -- Brown: I can't see why not. It's a city park; right? De Weerd: We've never had directional signs to our parks, so -- Brown: Isn't there one to -- it's Chateau. That's where I was thinking that there was. De Weerd: I don't think I have ever seen one. Boy, they break down every day. Brown: Slow down and you can see them. De Weerd: If there is no further questions, Council -- okay. Thank you, Kent-- Brown: No. Thank you. De Weerd: -- for final comment. Brown: No, I don't want -- Canning: Madam Mayor, I do need to clarify a couple of issues that -- I don't know that the applicant needs to stay up there, but the staff report notes 10.4 percent open space and that does not include the parkway. So, if they have included the area in the parkways, that could very well bring it up. Those long stretches of roadway add up. The other thing we need to clarify is the alley versus private lanes on the parkway. The provision that allows for private streets in our code is in the planned development section, but it has very specific minimum widths and they, basically -- or ACHD reduced street section standard. These would not qualify as private streets under our ordinance and that's why I called them alleys, because, really, they are functioning like an alley, it just happens that this property has no street in front of it, it has an open space in front of Meridian City Council July 12, 2005 Page 56 of 68 it, but they are functioning much more like alleys. The applicant is constrained on a portion of the sight in that an alley needs to connect from a public street to a public street and they are unable to do that. They can do it in this -- this pod, for lack of a better word, but on the one immediately west -- east, they are unable to do it, because they do have a private street that it connects to. So, these would likely end up being either public alleys on one side and private alleys on the other, which may be confusing. The police department has an issue with the private alleys, they won't -- will not enforce speed limits in a private alley. They may do it in a public alley or they are allowed to do it in a public alley. So, there is an issue there and the enforcement of speed limits within those alleys. So, that was one of the issues I needed to bring up. The other one was with regard to the parking. It was mentioned early in the presentation that they had been considering parallel parking off the street. To my knowledge, ACHD has only allowed that in our Old Town area. I'm not sure if -- I wouldn't mind having the discussion in this location, although it concerns me that it's a fairly well traveled road and a long block. I'm particularly concerned that the applicant just mentioned that they wanted to do parallel parking for the swimming pool. I don't think that that was addressed in the staff report. I don't remember ever having that discussion. It seems inappropriate there on a collector road to have parallel parking directly coming off of that, so I did want to point that out also. So, sorry to continue the discussion on the matter, but thought it important to address those issues. De Weerd: Well, I just want a point of clarification. You said they had over ten percent is open space? Canning: The staff report indicates that 10.4 percent without including the parkways. The parkways would be-the long green strips along the roads. De Weerd: Okay. And of that how -- will they still meet their requirement without the city park? I guess we always have a question if you dedicate it to the public, it's -- is it still considered part of their open space. Canning: I would certainly consider it still part of it. It's part of the development as a whole. Regardless of who has ownership of that property, it's still part of the development, the planned development. Without that they -- given that it's over half of the large open space, they probably wouldn't meet their five percent minimum, although they might with the parkways. If they come up with 13 and so three of it's the parkways, so they only need two percent, the numbers may work. I'm not sure. De Weerd: Okay. Any-- Brown: I didn't mean for it to be confusing here where the pool and the changing room - - we did put that in our narrative, that that was one of the things that we were asking for, parking there -- at least -- I mean it's been like four months or whatever since I submitted, but I believe that that's what I remembered. This is a local street right here that this fronts on. You have one whole side that is that clubhouse and that's where we figured that we could get those two or three parking stalls. The collector road is on this Meridian City Council July 12,2005 Page 57 of 68 other side over here and so the clubhouse sits behind that landscaping. That's the way we -- De Weerd: It's not a clubhouse; it's a changing room. Brown: That's -- changing room. You got to, you know, smack me later, but -- I think that that was it. De Weerd: Okay. Thank you for that clarification. Nary Madam Mayor? De Weerd: Mr. Nary. Nary: Just on your other point, because I don't know when it would be a better time to bring it up, but on the park issue, if there is a concern from the Council about making sure it's clear that at the city park you might want to direct the parks department, since Mr. Strong isn't here tonight, but the parks department to begin the process of naming the park, putting up a sign to the park. One of the things that I have heard a number of times since I have been here is that we have a beautiful park at Bear Creek, as Mr. Johnson said, but there is still a number of residents that believe it's a homeowners park and not a city park and it has a sign on it that says City of Meridian park, but I think if you're going to imprint on the folks as they build and move into those homes, if a sign already exists there that says future Meridian park or even a name was selected for it or whatever, then, that might be a way to address the concern that was raised to make sure people understand-that it is a public park, not a private subdivision park. De Weerd: Good point. Thank you. You have already had your final word. It's okay, Craig. Go ahead and state your name and address Groves: Craig Groves, 3920 East Shady Glen court. I just wanted to kind of clarify. I was going through my calculations on this total common area and Kent didn't have a calculator with him when he mentioned 13 percent. It's actually 19 percent, which would include all the parkway land, all the land along the Ten Mile. It would include the park dedication. So, I just wanted to make that clarification. De Weerd: Thank you. Okay. He upstaged you, Kent. He got the final word. Okay. Council, would you like to close this public hearing? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I have a question for Anna. Anna, what's the language in the staff's recommendation and/or do we have proposed Findings on this, as it relates to this Meridian City Council July 12, 2005 Page 58 of 68 park? Is there a commitment on the part of the city that it will become part of the city park system or is it at the city's option? Canning: Give me just a moment and I will look it up. De Weerd: I guess we could ask the developer or his representative. Has there been a commitment from our parks department? Johnson: We met with the parks department when we first started laying out the plat and they said that they would like a five to a ten acre park in this area to serve not this subdivision, but -- and neighborhood, but the surrounding neighborhood that is made up of small developments that may not have any open space in them and that there was a need, from the city's standpoint, to have something in this section and all of our discussions from then on were to establish something large enough that it would be a city park. De Weerd: Has our parks commission looked at this? So, only the parks director? Johnson: That's correct. De Weerd: Okay. Canning: Madam Mayor, Councilmember Rountree, I have the answer to that. The development agreement states the following: The applicant agrees to dedicate the public park to the City of Meridian. The park shall be constructed in cooperation with the parks department and clear title must be provided to the city attorney for review prior to final plat for that being submitted. Also, the Meridian parks department has added a standard -- if this is all of their standard conditions, one of them does relate to minimum acreage standards for city parks. It says the city is willing to develop and maintain community parks and neighborhood parks. Neighborhood parks will be reviewed as a case by case basis. The city may choose to maintain neighborhood parks -- this wouldn't be a neighborhood park, so the rest of it pertains to that, but it's one of their standard conditions, so it's just referencing the acreage minimums. And those were the two that I found regarding the parks. So, the development agreement does state it as a city park, though. De Weerd: Thank you. Any further questions? Rountree: I have a question for the developer on the park. It appears to me that a portion of this park, if -- and I don't know how many acres of it is the entryway to this subdivision. It probably wouldn't function well as a city park, other than a maintenance operation for the City of Meridian. I can understand why you would want the city to maintain that for you, but I, for one, would not be in agreement that the city get title and have the long-term maintenance requirement of the entrance to the subdivision. I'm further concerned about the parking. Meridian City Council July 12, 2005 Page 59 of 68 Johnson: I'm not sure I understand the question. The collector road is all maintained by the association. Canning: I think he means the-- Rountree: That strip across the northern part and that's -- that's an entry and on the piece that I have in front of me it shows an entryway and a green space on both sides of the entryway and -- talk to me about that. Johnson: The property to the north of that is existing phase two of Messina Hills and has homes backing up to that. It was included as part of the park to allow the -- we are relocating the Ten Mile feeder in a straight line across the north boundary and so that will be an open pathway that has a ditch about eight feet wide and a foot and a half deep that is very pleasant to walk along and that's an open pathway. We felt it would be good to open up as much of that and allow it to be walked along and enjoyed by everyone and ties into the whole path system. It is the middle of the section that's not another section line road or anything up there. It's the middle of a section. Canning: Madam Mayor, Councilmember Rountree, it appears to be about 110 feet wide. De Weerd: Is that -- is that path area part of what the city would be asked to -- Johnson: Yes. Yeah. And the canal company has an easement through there for that Ten Mile feeder to pass, but we will have the right to maintain the path and for our people to walk there an-d it's being designed so that the sides are sloped and grassed, so that it's not dangerous, but it's -- it will be gravel bottom with a foot and a half of water flowing in it. It would be dangerous to a toddler and they are going to have to be supervised, but for normal children in the park, they could wade in it or whatever and not be in danger. We do plan on developing this park first phase, so that when our homes start under construction in there, the park is being greened up and by the time people occupy, the park has been deeded to the city and is being maintained as a park at that time. So, it will be very usable. We are also greening up all of the park areas in our park side housing. All of that will be installed before the builder starts building on the lot. They will have a pad to build on, but their -- everything outside of that boundary will be maintained by the association and will be already planted and the trees in place and the sidewalks and everything. That will be done as part of the development. We also plan on building this swimming pool while we are building the streets, so that that's open to the day the people move in also. Rountree: Follow up, Madam Mayor. Then, you also are planning to have the city maintain the east side of that entryway as well? Johnson: No. Rountree: Okay. Meridian City Council July 12,2005 Page 60 of 68 Johnson: Any other questions? De Weerd: Any other questions? No? Thank you. Okay. Council, what's your desire here? If there is no further testimony, I would entertain a motion to close the hearing. Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I'd like to make a motion that we close the public hearing on Items 20, 21 and 22. Can we do them all at once? De Weerd: Yes. Donnell: Good. Wardle: Second. De Weerd: Okay. Motion to close the Public Hearing on Items 20 through 22. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Discussion or do I have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: During the discussion phase Mr. Rountree had begun a process about the park. Did that address your concerns or do you still have additional -- Rountree: Sure. Madam Mayor. To address Councilman's Wardle's concerns, from experience these kind of neighborhood parks tend to be not good neighbors for the city. There is significant ownership on the part of the folks that live around there. That being the case, it seems to me the value to the city ought to be a park that's fully utilized and usable. This is -- I really like the innovation of this subdivision. I think they have done a good job there. But I think the park site itself has not been well thought out We have a lot of adjacent neighbors and I can tell you every one of them thinks they own that park and will tell the park superintendent exactly how they want their park maintained. There is also a commitment or a requirement or -- not a requirement, but an expectation on the part of the developer that the city will take this and will develop parking and will develop facilities and, then, it will be used by some smaller subdivisions that mayor may not be of the like of this subdivision and create yet again additional friction for the city to deal with. I guess the concept is good, I like the idea of a park in that area, I don't Meridian City Council July 12, 2005 Page 61 of 68 like the -- how this plays out particularly well and I think that it probably ought to be looked at. So, that's kind of where I am. But the park side dwellings, I think that's a neat concept. I think the innovative and creativity of the rest of the site, it's not just long streets and that sort of thing. So, that part's good. If that's that a homeowners park and green space, I have no problem with it, but if there is an expectation that that will be the city's, I have a great amount of concern. So, if the conditions of approval were such that that could be negotiated with the city and that the expectation would not necessarily be that the city would take that on, if the maker of a motion were to include a statement like that, I probably could support that. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just to follow up on that and having spent some time on the parks commission and having had discussions about those additional parks, I think that that type of forum would allow more citizen input into the city's ownership of that property and the ability for them to maintain it and what -- you know, we have the parks commission in place to talk about what sorts of amenities, whether it is a tot lot. Certainly, I think a restroom is critical. But would certainly be supportive of that if those sorts of details were to go before one of the -- one of the public bodies that we have and, then, be recommended back to this body for additional action. De Weerd: Well -- and it is unfortunate that it didn't go through that process and the developer didn't know about this. We have -- we have Chateau Park that is along a collector. It's probably pretty similar, although it's laid out with a road abutting one side, a ditch on another -- it's very similar. I just wonder the depth and the dimensions and I don't think there has been issues in that subdivision and part of that park was -- did belong to a subdivision at one time. It has been accepted, I think, as a city park. It's all in some of the suggestions that have been made and signing it. As people move in they have the understanding it's a city park, but it does need to go through our commission for input and priority of when those improvements can be done. But greening it up and getting it in service is certainly very desirable as we look in bringing green space into our community, so-- Donnell: Madam Mayor? De Weerd: Mrs. Donnell. Donnell: I sat through a lot of time and followed this discussion and I think what I would want to say is that we seem always to be talking out of two sides of our mouths. We talk about wanting green space and open space and we talk about needing parks and we continue to talk about the need for parks and, then, when we have a developer that comes to us with a park -- and I would agree with you, Councilman Rountree, that it -- when it's set in the middle of that, it becomes a park that the homeowners think is theirs and I think that that does cause some problems, but I'm not sure that -- that we -- that Meridian City Council July 12,2005 Page 62 of 68 we are giving the right message. We seem to be giving mixed messages to our community. And so I just say that and I'm not sure what -- for whatever good that is, maybe it's because it's 10:30. And so with that, I'm not sure where we are going, I guess ['Il wait until someone makes a motion and, then, I can determine how I would like to vote on it. Wardle: I'll take that upon myself. Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: If I could just get a clarification from -- from either legal staff or planning staff, how we would work the conditions to make sure that the process that we just talked about went through and how to incorporate the developers generous gesture to not only at the time that the city would like to take that park, to bring that into the fold, as well as to green it up. How -- Mr. Nary, would you give me some-- Nary: Madam Mayor, Members of the Council, I guess a couple of different things that you're talking about. I think what you're going to want -- and you can probably include them in the development agreement and probably in the preliminary -- or in the CUP conditions, that prior to final plat the developer will contact the parks department and the parks -- and get on the parks commission agenda for consideration for it become a dedicated city park. If I'm understanding the discussion, your concern today is the location of the park may be okay, it may not be appropriate for a city park, but you'd like the parks commission to at least have the opportunity to have that conversation first and make a recommendation to you. It would appear that prior to final plat would make the most sense, but Mrs. Canning could probably correct me if that's not the best timing to do that. The other issue of greening up the park, if I understand the testimony from the developer, the intent to make it a park of the city at no cost and the reimbursement to the city -- or the reimbursement for impact fees was simply for the greening up of the park. De Weerd: No. It was for the restrooms, the tot lot, and the parking. Nary: And those you would probably want in the development agreement that if it becomes a dedicated city park, that there could be an offset from impact fees for the tot lot, the greening up, and all the improvements to the park. So, it's clear there is a separation between the value of the land and that the park itself was as a donation, but that the improvements would be offset That also would benefit the developer, because in the naming policy, if you recall, that was approved by this Council, that's a consideration on how they name that and how they go through that process of deciding if that's appropriate or not for a city park. So, making that clear at the outset in the development agreement would probably be the best way to do that. Again, Mrs. Canning is probably better at the timing than I am on that, so -- Canning: Madam Mayor, Councilmember Wardle, the timing just depends on if you want to see it You can make it prior to signature on the final plat and, then, there is the Meridian City Council July 12, 2005 Page 63 of 68 possibility when it comes before you for final plat approval that they mayor may not have it worked out. If you want to do it before they submit for their final plat hearing or meeting before you all, then, that's at your option. I would -- Mr. Watson just pointed out that we are using some older language in that development agreement condition, that it creates an unattainable condition of approval, because you have to have clear title before the final plat's approved and that you really can't do that. So, we need to, with your permission, we'd go back and amend that to our new wording, which I don't remember off the top of my head, unfortunately, but we spent some time devising something that worked. So, I would suggest completely removing the development agreement condition as it stands now and replacing it with what Mr. Nary's discussed. Wardle: Thank you, Anna and Mr. Nary. The preliminary plat and, then, conditional use? Nary: Yes. No. No. On the annexation and zoning, so part of the development agreement, and, then, on the conditional use. I don't know that it needs to be on the plat, because we try to stay away from a lot of these things on the plats that are really nothing to do with the survey, so -- Wardle: I'll give it the non-jurist doctorate try. Nary: If Mr. Grady can do it, I think that you -- Wardle: Mr. Clerk, for the record, we are going to amend these findings and bring them back to the Council for ~pproval. All right. Madam Mayor? De Weerd: Mr. Wardle, before you make a motion, you know, I guess we need to get a procedure here, you know, and I apologize to the developer. When we recommend the development community to go to our parks department, I think it's important that we also remind them we have a parks commission that it has to go through and that should be part of a written process or -- for this kind of situation. When Chateau Park kind of went through this process, it wasn't considered the merging of the parks and that we would have this particular thing and at Chateau I don't think we have had the neighborhood feeling like it's their park, because half of it -- Rountree: They were glad to get rid of their park. De Weerd: Very much so. And Bear Creek we have had some of that and so I think it is in the signage and it's how you prepare your public in addition. But we do need to make it clear that there is a parks commission step in this process that -- Canning: And, Madam Mayor, Members of the Council, I would have directed them had I been -- De Weerd: I'm sure you would. Meridian City Council July 12, 2005 Page 64 of 68 Canning: -- familiar with that process and it just occurred to me during the hearing tonight that it would probably benefit me to understand that process a little more in what they do, so -- De Weerd: And we have a-- Donnell: You tried. You tried to get on the commission? De Weerd: Mr. Wardle. Wardle: Madam Mayor, I move that we approve Item No. 20, AZ 05-017, annexation and zoning for Messina Meadows Subdivision, to include all staff, applicant, and public comments, including additions to staff recommendations for approval. In addition to that, prior to the signature on final plat to have that the property owner, the developer, work with the parks commission and to change the language in the agreement to allow - - to read that the park property will be dedicated and deeded to the City of Meridian in such a manner that is approved by ultimately the City Council. De Weerd: What? Donnell: Second. Nary: I know exactly everything Councilman Wardle said. I'll take care of it. De Weerd: I'll wait until we read it. Nary: I'm totally on -- Wardle: Any questions on -- Nary: No. Wardle: Okay. Rountree: I'm not sure what you said, but I like it. Nary: It may not be verbatim; Councilmember Wardle, but we will get the gist of that in the development agreement. Wardle: Thank you. De Weerd: Okay. There has been a motion and a second. Is there any discussion? And the motion was to approve. Wardle: Yes. Meridian City Council July 12,2005 Page 65 of 68 De Weerd: Okay. Mr. Berg, will you call roll. Roll-Call: Bird, absent; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: And, Madam Mayor, if I might -- not necessarily for the record, but I did not intend to speak out of both sides of my mouth, I intended to speak that the city shouldn't jump at these things without thinking them through and going through the processes that we have in place. And to me that's not an option in our Findings. De Weerd: Thank you. Mr. Wardle. Wardle: Madam Mayor, I move that we approve Item 21, PP 05-019, preliminary plat for Messina Meadows Subdivision, to include all staff, applicant, and public comments. Donnell: Second. De Weerd: Motion to approve Item 21. Mr. Berg, roll call. Roll-Call: Bird, absent; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: And Item 22. Wardle: Madam Mayor, I move that we approve Item 22, CUP 05-026, Conditional Use Permit for Messina Meadows Subdivision, to include all staff, applicant, and public comments and, in addition, to include language included in the annexation and zoning approval in regard to dedication -- to possible dedication of park land to the City of Meridian. Donnell: Second. Wardle: Is that better? Donnell: Yes. That was good. De Weerd: You're getting better. Mr. Berg, call roll. Roll-Call: Bird, absent; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: We appreciate you doing something different and it's exciting to see. When I first saw it up there it was kind of scary. Meridian City Council July 12,2005 Page 66 of 68 Brown: I would like to make a comment that, you know, I appreciate doing business in Meridian. I think that as a former employee of, Bill and I, both in Boise city, and working, you know, kind of really opened my eyes when I came out and started working in different cities, I haven't always had the best experience at Meridian and things have gotten lots lots better. You have hired good people, you have good competent people that really try to help us through the process, and return calls and do those things and are professional and that is not the case in the rest of the valley. You would think that there are certain things that are considered professional, even by cities much bigger than you, and they don't do them. They know that they should, but they don't, and I would like to just appreciate that and let you know that, that I do appreciate it and I know my clients do, too. So, thank you. De Weerd: Thank you. We appreciate that. Wardle: That's why we are one of the top 75 places -- Nary: Number one in the state of Idaho. Rountree: Careful what you wish for. Item 25: Ordinance No. 05-1166 : AZ 05-009 Request for an Annexation and Zoning of 1.06 acres from RUT to L-O zone for Mike and Gloria Urwin by Mike and Gloria Urwin - 2560 South Meridian Road: De Weerd: Okay. Item 25 is Ordinance 05-1165. Mr. Berg, will you, please, read this ordinance by title only. Berg: Thank you, Madam Mayor, Members of the Council. Ordinance No. 05-1166, an Ordinance AZ 05-009, Mike and Gloria Urwin, for annexation of property located at 2560 South Meridian Road, Lot 1, subdivision, city of 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 a copy of this 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 ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you, Mr. Berg. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Seeing nothing, I would entertain a motion to approve. Donnell: So moved. Meridian City Council July 12, 2005 Page 67 of 68 Wardle: Second. De Weerd: Okay. It's been -- motion to approve Item 25. Mr. Berg, will you call roll. Roll-Call: Bird, absent; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 27: Executive Session per Idaho State Code 67-2345 (1) (f): De Weerd: Thank you. We have already considered Item 26. Item 27 is an Executive Session per I daho Code 67 -2345( 1 )(f). May I, please, have a motion to go into Executive Session? Donnell: So moved. Rountree: Second. De Weerd: Okay. To also go into Executive Session with us would be Brad Watson and Anna Canning. Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, absent; Rountree, yea; Wardle, yea; Donnell, yea. De Weerd: Do I have a motion to come out of Executive Session? Rountree: So moved. Wardle: Second. De Weerd: All those in favor say aye. Motion to adjourn? Rountree: So Moved. Wardle: Second. De Weerd: All those in favor? ALL AYES. MOTION CARRIED Meridian City Council July 12,2005 Page 68 of 68 MEETING ADJOURNED AT 11:27 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~~ A YOR Y DE WEERD g I r I f?\~1""'", DATE APPROV~ uf W.ER.(04""/-;, $.... 0- diW'OR/j {; 'AV'....~ j R ~ % - - - - - - - - - - - - July 8, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT July 12, 2005 ITEM NO. 5-A REQUEST Sanitary Sewer and Water Main Easement Agreemen for Touchmark Plaza by Touchmark of the Treasure Valley, LLC AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRiCT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. Memo JUN 2 7 2005 To: Mayor De Weerd & City Council From: Karie Glenn cc: File Date: 6/27/2005 Re: Proposed Agenda Items for 7/12/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 7/12/05 City Council agenda, on the Consent Agenda, for Council's consideration: ~ 1) Sanitary Sewer and Water Main Easement for Touchmark Plaza by Touchmark of the Treasure Vallev LLC. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Touchmark Plaza by Touchmark of the Treasure Valley LLC and authorize the Mayor to sign and City Clerk to attest. 2) Sanitary Sewer and Water Main Easement for Touchmark Grand Lodae by Touchmark of the Treasure Valley LLC. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Touchmark Grand Lodge by Touchmark of the Treasure Valley LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 SANITARY SEWER AND WATER MArNEASEMENT THIS INDENTURE, made this ~dayof.MdJL., 2005 between Touchmark of the Treasure Valley, .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 Ii sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitatyseWer' and water is to be provided fot through uliderground pipelines to be cortstDltted by others; and WHEREAS, it ,viII be necessary Ib,maintrtitl ftndservice said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good ahd valuableconsideratioll,' the Grantors do' hereby'give, grant and convey unto tbe Cirantee the, rightMof-way for an easement for the Opcr<ltion and maintenance of sa.ni1:aly sewer&nd wate:r mains over and across the following described property: (SBB ATTACHED EXBIBI'TS A and B) The easemel1thereby granted is for the purpose of Cdnstrllctionar1d operation of sanitary sewer and water mains and their allied facilities, togefherwith t:11eir maintenance, repair and replacement at the conveni6i1ceofthe Gr~.htee, with the free tight of access to such facilities atMY and all times" TO Hi\. VE AND TOHOLD, thesaid 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 ml:lking repairs or perfoml.ing otherinaintenance. GranteeshaU restore the area of 'the easement and adjacent property to that existent prior td undertaking such repairs and maintenance. Howeve:r, Grantee s.ha1toot be responsible foor repairing,repl acing or restoring anything placed within the area described in this easement that was placed there in violation of this easemen:t. THE GRANTORS)1ereby c(}venal1t ahdagreeJhat the)' will not place or allow to be placed illly permanent structUI'es, trees; brush, or perennial shrubs or .flowers within the area described for this easement, which ',>'ould interfere with the use of said easement, for the purposes stated herein. 4081 O.SanitalY Sewer and Water Main Easement Page 1 THE GRANTORS hereby covenant and,agree With the Grantee that should any part of the right-of-'Nay 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 artd easement hereby granted which lies within such boundary thereof or which is a part thereof, shaH cease and become null and void and oino furth~r effect and shall be completely relinquished. THE GRANTORS do h.ereby covenant with the Grantee that they are lawfully seized and possessed of-the aforementioned and described tract of land, and that they have agood and lav..1uI right to convey said easement, and that they will warrant and forever defend the title and quiet possession theteof against the lawful claims of all persons whomsoever. IN WITNESS \\'HEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first hereina.bove 'written. GRANTOR: ToUc11l11ark 'Of the Treasure Valley, .LLC /#~/~ Mark C. Mitchell, Managing Member STATE Of IDAHO ) ) ss County of Ada ) On this 2 ~ & d;>y of frJ ~ ' 1005; befo" "'e, the undersigne d, a Notary Public in arid for said State, persona b' appeared . Mark C. Mitchell known or identified to me to be the Managing Member of the Limited Liability Company that executed the within instrument. and acknowledged to me that such corporation executed the satne. IN WIJNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist .bove written. N~~o'?r- (;i~~~~~~!.~~}""\ ~~~:~;s:~ Exp~~ ' f-fo~ \ ....~ :" ~o+ " ~l ~ Q-~ ...... " ##~#'''~~~I~~'; ~~~,., 4081 O-Sanitary Sewer and Water Main Easement Page 2 GRANTEE: CITY OF MERIDIAN Tammy de Weerd"MaYOT Attest by WiJliam G. Berg Jr., City Clerk Approved By City Council On: STATE OF IDAHO, ) : SS. Count' of Ada On this------.:day of , Z005~ before rne~ the undersigned, a NOlary Public in und for said , Stiite, pt;:r'$6n!iI~Yal'peafed Tfimmy de W e~rd,and, WUH!.lln G" Berg, Jr.,' known to me to bethe Mayor and City Clerk. respectively, o'f:theCityofMeridian, Idaho; and who executed the within instrument, and acknowledged tornetbatthe City of Meridian executed the same. IN WITNESS WHEREOF ,J have hereunto set my hand and affixed my official se~l.l the day and year fii'st above Written. (SEAL) NOTARY PUBLIC .FOR IbAI-IO Re~iding at: Com:rriission Expires: 408JO-Sanitary SeWer and Water Main Easement Page 3 EXHmIT "A" D,,~~C,RlfJTJON FO~ SANITARY SEWER AND WATEREASEME.NT PARCEL A.; RO.S. No. 6821 June 17.2005 SANITARYSEWER AND \/VA TEREASEMENTL YING IN PARCEl- A OF RECORD OF SURVEY NO. 6821 AS, RECORD EO AT THE ADA COUNTY RECORDERS OFFICE, LYING IN THE NORTHWEST 1/4 OF SECTION 16. TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN. CITY OF MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THENQRTHWES,- GORNER OF THE NW 114 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIOIANi" THENCE 8.89028'47" E 1015.45 FEET ALONG THE NORTH LINE OF THE NW 1/4 OF SAID SECnON16TO A POINT; THENCE S 00020'17" E 101.81 FEET ALONG THE WEST LINE OF PARCEL A OF R.O.S. NO. 6821 TO APOINT; THENOE S '90~OO'OO" E 20.00 FEEr TO THE BEGI NNtNG POINT OF THIS EASEMENT; THENCE N 89039'43" E 21,32 FEET TO A P01NT; THENCE S 00031'13" W'20.70 FEET TOA POINT: THENCE N 89"28'47" W6.01 FEET fa A POINT; THENCE S 00020'17" E 142,49 FEET TO A POINT; THENCE N 89039'43" E 69.52 FEET TO,A POfNT; THENCE N 00020'17" W'31.50 FEETTO A POINT; THENCE N 89039'43;' E 29.00 FEEr TO A POINT; THENCE S 00020'17" E 16.50 FEET TO A POINT; THENCE N 89039'43" E54.t6 FEET TO APOJNr; THENCE S 00020'17" E50,OO PEET TO A POINT; THENCE N 89039'43" E9.82 FEET TO A POINT; THENCE S 00020':17'1 E 20.00" FEET TO A POINT; THENCE S 89039'43" W 12.50 FEET TO A POINT; THENCE S OO~20'17" E 63.67 FEET TO A POINT; THENCE N 89039'43" E 16.50 FEET TOA POINT; THENCE S 00020'17" E 29.00 FEEl TO A POINT; 4 ! 2 W~~sw~,t::(:~d.dt),' THENCE S 89"39'43" W 16.50 FEET TO A POINT; THENCE S 00020'17" E 111.67 FEET TO APOINT; THENCE N 8gD39'~3" E 16.50 FEETTO A POINT; THENCE S 00020'17" E 41.00 FEET TO A POINT ON THE NORTH LINE OF PARCEL C OF SAID R.O,S.; THENCE S 89039'43" W 36.50 FEET TO THE CORNER COMMON TO PARCE:L BAND PARCEL COF SAID R.O.S;; ALONG THE BOUNDARY OF SAID PARCEL B AS FOLLOWS: THENCE N 00"20'17" W 21.82 FEET TO A POINT; THENCE S 89"39'43" W 36.50 FEET TO A POINT; LEAVING SAID BOUNDARY; THENCE N 00"20'17" W 29.00 FEET TO A POINT; THENCE N 89"39'43" E 16.50 FEET TO A POINT; THENCE N 00020'17" W 107.76 FEET TO A POINT; THENCE S 89"39'43" W16.50 FEET TO A POINT; THENCE N 00"20'17" W 29:00 FEET TO A POINT; THENCE N 89639'43" E 16,So FEETTOA pdlNT; THENCE N 00"20'17" W92.76 FEET TO A POINT; THENCE S 89039'43" W 125.00 FEET TO A POINT: THENCE N 00020'17" W 183.10 FEET TO THESEGlNNIN"GPOINT OF THIS EASEMENT; WAYNE K. BARBER. 4-111 O-s~;~..'ttt'(,~~se.d(yc~ EXHIBIT "B)! SECTION CORNER fOUND BRASS CAP C.P.&f. NO. 99007475 _ ~~~69'.28'47"E . _ . ~ .~- "'1 015.~ 17 16 . ~ oo~g,~1F" E BEGINNING POINT~-r---------l SANITARY SEWER LID !!! I EXISflNC SAlf/rARY S!1ffR EASEllmr AND WATER I ~ ~ EASEMENT I ~BER ~wmH :: :~n~ PARCEL A I a ~ g ~': ~::-~~: i ~! ROS No. 6821 ~ I' ~ -:~ I I ...v.. Il AI t : !~ W : I ! ..BE...G.. .1.N. NIN.G POINT L.; I. I lJl JOINT ACCESS ... "'--.1 EASEMENT 5 PARCEL C c ~. TOUCHMARK PLAZA EASEMENTS SANITARY SEWEE~ WATER AND JOINT ACCESS EASEMENTS SHE<;T : 1 OF 1 EASE:M ENTEXHIBIT EXHIBIT owe (lATE: 06/17/05 DPM SCALE: 1"= 120' \41210"'-SSWT-OOE.DWG NUIoIIlEl! Ll 12 LJ L4 l.S 11 lJl :s lll1' LlI LlZ 11:> U{' us. 116- 111 119 t20 1.21 ill: w l2~ t2.5 \.21> 1.27 12& L>> uo _______ 131 .,. Ll~ ... W ~ LlS L.l6 .(37 lJS L>> L41 L42 LU L~ US I-----~ C,VRVE TABLE I r.oscoo 16.21 17.60 ~~~ U2 CIlOlID IlIm:C1lOll N 18"1750' '" N 1i S '1/ S l11'l7'sa' E CHO!lllIENCTH 30.83 3l.2O nJ 0.2' IMO LINE TABLE / I I / 0IllECll0H N lXr2l)' 17' 'II 1ij.:iO 29.00' 31,5.11' 69$' BRIGGS ENGINEERING) INC. .~~) ENGINEERS PLANNERS SURVEYORS 1800 w, 0'rt.llLAAD RQj,j) ~BCiISf, ICAIlO 83705 ,. (208)3H-'9700 Thel;te -OftJwtng~. ot -any penlon thereof!" I:ih~lI not bo i.r~ on ony Project or o~le~sions of this Project c~cept by ""rilleii. dg~ement from Briggs rngineer;ng, Inc. July 8,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT July 12,2005 ITEM NO. 5-8 REQUEST Sanitary Sewer and Water Main Easement Agreement for Touchmark Grand Lodge by Touchmork of the Treasure Valley, LLC 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 ~yVJ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shalf become property of the City of Meridian. City of Meridian Public Works Dept. Memo JUN 2 7 2005 Uity Of Meridian C:ity Clerk Office To: Mayor De Weerd & City Council From: Karie Glenn cc: File Date: 6/27/2005 Re: Proposed Agenda Items for 7/12/05 City Council Meeting The Public Works Department respectfuJJy requests that the following items be placed on the 7/12/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Touchmark Plaza bv Touchmark of the Treasure Vailey LLC. Typical Sanitary Sewer and Water Main Easement Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Touchmark Plaza by Touchmark of the Treasure Valley LLC and authorize the Mayor to sign and City Clerk to attest. ~ 2) Sanitary Sewer and Water Main Easement for Touchmark Grand Lodae bv Touchmark of the Treasure Vallev LLC. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Touchmark Grand Lodge by TouchmC!,rk of the Treasure Valley LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this /~ day of~, 2005 between TOUCHMARK OF THE TREASURE VALLEY, LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HA VE 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 making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. 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. 40207-MLV-RR Sanitary Sewer and Water Main Easement 1-4 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. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. 40207-MLV-RR Sanitary Sewer and Water Main Easement 2-4 GRANTOR: TOUCHMARK OF THE TREASURE VALLEY; LLC 4i~. ~ Mark C. Mitchell, Managing Member STATE OF IDAHO) ) ss County of Ada ) On this /$- day of 3l.AN E , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Mark C. Mitchell, known or identified to me to be a managing member, of the limited liability company that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. (SEAL) (~"~v-- NOTAR UBLIC FOR IDAHO Residing at: 'J3o/5e IDA I/o Commission Expires: ~- ~ -0 9 40207-MLV-RR Sanitary Sewer and Water Main Easement 3-4 GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg Jr., City Clerk Approved By City Council On: STATE OF IDAHO, ) : ss. County of Ada On this_day of , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and William G. Berg, Jr., 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: 40207-MLV-RR Sanitary Sewer and Water Main Easement 4-4 EXHIBIT "A" DESCRIPTION FOR SANITARY SEWER AND WATER EASEMENTS MEADOW LAKE VILLAGE - GRAND LODGE May 31,2005 SANITARY SEWER AND WATER EASEMENTS LYING IN PARCEL 2 OF RECORD OF SURVEY NO. 5306 AS RECORDED AT THE ADA COUNTY RECORDERS OFFICE, LYING IN THE NORTH 1/2 OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: EASEMENT NO.1 COMMENCING AT THE SOUTHWEST CORNER OF THE NE 1/4 (C 1/4 CORNER) OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE N 00013'01" W 394.34 FEET ALONG THE WEST LINE OF THE NE % OF SAID SECTION 16 TO THE BEGINNING POINT OF THIS EASEMENT; THENCE N 55059'06" W 67.16 FEET TO A POINT; THENCE N 61036'57" W 17.73 FEET TO A POINT; THENCE S 28023'03" W 13.33 FEET TO A POINT; THENCE S 73023'03" W 6.69 FEET TO A POINT; THENCE S 28034'37" W 1.3.65 FEET TO A POINT; THENCE S 61025'23" E 8.83 FEET TO A POINT; THENCE S 28034'37" W 20.00 FEET TO A POINT; THENCE N 61025'23" W 8.83 FEET TO A POINT; THENCE S 28034'37" W 5.00 FEET TO A POINT; THENCE N 61025'23" W 20.00 FEET TO A POINT; THENCE N 28034'37" E 44.40 FEET TO A POINT; THENCE N 61057'13" W 5.23 FEET TO A POINT; THENCE N 28002'47" E 12.28 FEET TO A POINT; THENCE N 61036'57" W 184.23 FEET TO A POINT; THENCE N 26057'49" W 22.04 FEET TO A POINT; THENCE N 63002'11" E 20.00 FEET TO A POINT; THENCE S 26057'49" E 15.80 FEET TO A POINT; 40207es"\v.&te::t8~.doc THENCE S 61036'57" E 177.87 FEET TO A POINT; THENCE N 28002'47" E 62.67 FEET TO A POINT; THENCE N 06016'45" E 44.06 FEET TO A POINT; THENCE N 18001'10" W 47.89 FEET TO A POINT; THENCE N 71058'50" E 20.00 FEET TO A POINT; THENCE S 18001'10" E 52.19 FEET TO A POINT; THENCE S 06016'45" W 52.21 FEET TO A POINT; THENCE S 28002'47" W 66.63 FEET TO A POINT; THENCE S 61036'57" E 28.84 FEET TO A POINT; THENCE S 55059'06" E 154.55 FEET TO A POINT; THENCE S 80015'46" E 82.54 FEET TO A POINT; THENCE N 09044'14" E 12.91 FEET TO A POINT; THENCE S 80015'46" E 20.00 FEET TO A POINT; THENCE S 09044'14" W 12.91 FEET TO A POINT; THENCE S 80015'46" E 28.39 FEET TO A POINT; THENCE N 65005'40" E 55.79 FEET TO A POINT; THENCE S 24054'20" E 20.00 FEET TO A POINT; THENCE S 65005'40" W 62.02 FEET TO A POINT; THENCE N 80015'46" W 34.63 FEET TO A POINT; THENCE S 09044'14" W 44.35 FEET TO A POINT; THENCE N 80015'46" W 20.00 FEET TO A POINT; THENCE N 09044'14" E 44.35 FEET TO A POINT; THENCE N 80015'46" W 86.84 FEET TO A POINT; THENCE N 55059'06" W 90.71 FEET TO THE BEGINNING POINT OF THIS EASEMENT. 40207sswatease.doc EASEMENT NO.2 COMMENCING AT THE SOUTHWEST CORNER OF THE NE 1/4 (C 1/4 CORNER) OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE N 00013'01" W 431.90 FEET ALONG THE WEST LINE OF THE NE X OF SAID SECTION 16 TO A POINT; THENCE N 90000'00" E 433.81 FEET TO THE BEGINNING POINT OF THIS EASEMENT; THENCE N 49007'43" W 91.44 FEET TO A POINT; THENCE N 15044'23" W 92.60 FEET TO A POINT; THENCE N 19033'24" E 56.95 FEET TO A POINT; THENCE N 50000'00" W 49.48 FEET TO A POINT; THENCE S 90000'00" W 91.22 FEET TO A POINT; THENCE N 00000'00" W 16.39 FEET TO A POINT; THENCE S 90000'00" W 4.62 FEET TO A POINT; THENCE N 00000'00" W 31.00 FEET TO A POINT; THENCE N 90000'00" E 4.62 FEET TO A POINT; THENCE N 00000'00" W 37.10 FEET TO A POINT; THENCE N 90000'00" E 20.00 FEET TO A POINT; THENCE S 00000'00" E 10.00 FEET TO A POINT; THENCE N 90000'00" E 44.48 FEET TO A POINT; THENCE S 00000'00" E 20.00 FEET TO A POINT; THENCE S 90000'00" W 33.48 FEET TO A POINT; THENCE S 00000'00" E 22.49 FEET TO A POINT; THENCE N 90000'00" E 71.87 FEET TO A POINT; THENCE S 50000'00" E 72.43 FEET TO A POINT; THENCE N 40000'00" E 17.37 FEET TO A POINT; THENCE N 50000'00" W 35.18 FEET TO A POINT; THENCE N 40000'00" E 20.00 FEET TO A POINT; THENCE S 50000'00" E 35.18 FEET TO A POINT; THENCE N 40000'00" E 10.00 FEET TO A POINT; 40207sswatease.doc THENCE S 50"00'00" E 20.00 FEET TO A POINT; THENCE S 40"00'00" W 71.72 FEET TO A POINT; THENCE S 19"33'24" W 43.74 FEET TO A POINT; THENCE S 16"02'54" E 64.60 FEET TO A POINT; THENCE S 52"48'37" E 104.76 FEET TO A POINT; THENCE S 3r11'23" W 20,00 FEET TO A POINT; THENCE N 52"48'37" W 17.61 FEET TO A POINT; THENCE S 40"52'17" W 21.77 FEET TO THE BEGINNING POINT OF THIS EASEMENT. EASEMENT NO.3 COMMENCING AT THE SOUTHWEST CORNER OF THE NE 1/4 (C 1/4 CORNER) OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE N 00013'01" W 628.33 FEET ALONG THE WEST LINE OF THE NE 1,4 OF SAID SECTION 16 TO A POINT; THENCE N 90"00'00" E 641.04 FEET TO THE BEGINNING POINT OF THIS EASEMENT; THENCE N 54043'39" W 60.92 FEET TO A POINT; THENCE N 35"16'21" E 33.00 FEET TO A POINT; THENCE S 54"43'39" E 60.92 FEET TO A POINT; THENCE S 35"16'21" W 33.00 FEET TO THE BEGINNING POINT OF THIS EASEMENT. EASEMENT NO.4 COMMENCING AT THE SOUTHWEST CORNER OF THE NE 1/4 (C 1/4 CORNER) OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE N 00"13'01" W 674.65 FEET ALONG THE WEST LINE OF THE NE;4 OF SAID SECTION 16 TO A POINT; THENCE S 90"00'00" W 277.91 FEET TO THE BEGINNING POINT OF THIS EASEMENT; THENCE S 90"00'00" W 20.00 FEET TO A POINT; THENCE N 00"00'00" E 5.00 FEET TO A POINT; THENCE S 90"00'00" W 8.65 FEET TO A POINT; THENCE N 00"00'00" E 31.54 FEET TO A POINT; THENCE N 90"00'00" E 35.62 FEET TO A POINT; 40207 sswatease, doc THENCE S 00"'00'00" E 31.54 FEET TO A POINT; THENCE N 90"'00'00" W 6.97 FEET TO A POINT; THENCE S 00"'00'00" W 5.00 FEET TO THE BEGINNING POINT OF THIS EASEMENT. EASEMENT NO.5 COMMENCING AT THE SOUTHWEST CORNER OF THE NE 1/4 (C 1/4 CORNER) OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE N 00013'01" W 914.79 FEET ALONG THE WEST LINE OF THE NE X OF SAID SECTION 16 TO A POINT; THENCE S 90000'00" W 155.45 FEET TO THE BEGINNING POINT OF THIS EASEMENT; THENCE N 55014'42" W 114.61 FEET TO A POINT; THENCE N 63013'10" W 24.30 FEET TO A POINT; THENCE N 26046'50" E 20.00 FEET TO A POINT; THENCE S 63"'13'10" E 25.70 FEET TO A POINT; THENCE S 55014'42" E 116.01 FEET TO A POINT; THENCE S 34045'18" W 20.00 FEET TO THE BEGINNING POINT OF THIS EASEMENT. EASEMENT NO.6 COMMENCING AT THE SOUTHWEST CORNER OF THE NE 1/4 (C 1/4 CORNER) OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE N 00013'01" W 980.10 FEET ALONG THE WEST LINE OF THE NE X OF SAID SECTION 16 TO A POINT; THENCE N 90000'00" E 23.20 FEET TO THE BEGINNING POINT OF THIS EASEMENT; THENCE N 00024'54" E 93.68 FEET TO A POINT; THENCE N 10050'06" W 1.67 FEET TO A POINT; THENCE S 79009'54" W 9.00 FEET TO A POINT; THENCE N 10050'06" W 52.05 FEET TO A POINT; THENCE N 79009'54" E 29.00 FEET TO A POINT; THENCE S 10050'06" E 55.70 FEET TO A POINT; THENCE S 00024'54" W 75.65 FEET TO A POINT; THENCE S 89035'06" E 28.64 FEET TO A POINT; THENCE S 00024'54" W 20.00 FEET TO A POINT; 40207 sswatease.doc THENCE N 89035'06" W 48.64 FEET TO THE BEGINNING POINT OF THIS EASEMENT. EASEMENT NO.7 COMMENCING AT THE SOUTHWEST CORNER OF THE NE 1/4 (C 1/4 CORNER) OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE N 00013'01" W 989.43 FEET ALONG THE WEST LINE OF THE NE ~ OF SAID SECTION 16 TO A POINT; THENCE N 90000'00" E 260.85 FEET TO THE BEGINNING POINT OF THIS EASEMENT; THENCE N 05031'17" W 24.85 FEET TO A POINT; THENCE N 84028'43" E 9.85 FEET TO A POINT; THENCE N 05031'17" W 184.49 FEET TO A POINT; THENCE N 84028'43" E 34.00 FEET TO A POINT; THENCE S 05031 '17" E 51.11 FEET TO A POINT; THENCE S 84028'43" W 14.00 FEET TO A POINT; THENCE S 05031'17" E 158.23 FEET TO A POINT; THENCE S 84028'43" W 29.85 FEET TO THE BEGINNING POINT OF THIS EASEMENT. WAYNE K. BARBER, P.L.S.8444 40207sswatease.doc SHEET : 2 OF 2 \ 40207 -Util-Ease.dwg ( EXHIBIT "ED EASEMENT LINE TABLE NUMBER DIRECTION DISTANCE L1 N 90'OO'OO"E 44.48' L2 S 00"00'00" E 10.00' L3 N 90'00'00" E 20.00' L4 N 00'00'00" E 37.10' L5 N 90"00'00" W 4.62' L6 N 00'00'00" W 31.00' L7 S 90"00'00" W 4.62' L8 N 00"00'00" W 16.39' L9 N 90'00'00" W 6.97' L 10 N 00'00'00" E 5.00' L 11 5 00'00'00" W 5.00' L12 S 90'00'00" W 20.00' L13 N 26'57'49" W 22.04' L14 N 28'02'47" E 62.67' L15 N 61'57'13" W 5.23' L16 N 28"02'47" E 12.28' L 17 N 71'58'50" E 20.00' L 18 N 06"16'45" E 44.06' L19 N 18'01'10" W 47.89' L20 S 18'01'10" E 52.19' L21 S 06'16'45" W 52.21' L22 S 28'02'47" W 66.63' L23 N 40"00'00" E 17 .37' L24 N 50"00'00" W 35.18' L25 N 40'00'00" E 20.00' L26 S 50'00'00" E 35.18' L27 N 40"00'W E 10.00' L28 N 50'00'00" W 49.48' L29 N 19'33'24" E 56.95' UO S 40'52'17" W 21.77' L31 S 80'15'46" E 28.39' L32 N 09'44'14" E 12.91' U3 S 09'44' 14" W 12.91' L34 S 80'15'46" E 20.00' US N 80'15'46" W 20.00' L36 S 24"54'20" E 20.00' L37 N 80'15'46" W 34.63' L38 N 09"44'14" E 44.35' L39 S 09'44'14" W 44.35' L40 S 65'05'40" W 62.02' L41 N 61'36'57" W 17.73' L42 S 28"23'03" W 13.33' L43 S 73'23'03" W 6.69' L44 S 28'34'37" W 13.65' L45 S 61"25'23" E 8.83' L46 S 28'34'37" W 20.00' NUMBER DIRECTION DISTANCE L47 N 61"25'23" W 8.83' L48 S 28'34'37" w 5.00' L49 N 61'25'23" W 20.00' LSO N 28'34'37" E 44.40' L51 S 61'36'57" E 28.84' L52 N 63'02'11" E 20.00' L53 S 26'57'49" E 15.80' L54 N 55'59'06" W 67.16' LS5 N 65'05'40" E 55.79' LS6 S 50'00'00" E 72.43' L57 N 90'00'00" E 71.87' L58 S 90'00'00" W 33.48' L59 S 00'00'00" E 20.00' L60 S 00'00'00" E 22.49' L61 S 50'00'00" E 20.00' L62 S 40'00'00" W 71.72' L63 S 19"33'24" W 43.74' L64 S 16'02'54" E 64.60' L65 S 37'11'23" W 20.00' L86 N 52'48'37" W 17.61' L67 N 35'16'21" E 33.00' L68 N 54'43'39" W 60.92' L69 S 35'16'21" W 33.00' L70 S 54'43'39" E 60.92' L71 S 90'00'00" W 8.65' L72 N 00'00'00" E 31.54' L73 N 90'00'00" E 35.62' L74 S 00'00'00" E 31.54' L75 N 26'48'50" E 20.00' L76 N 63'13'10" W 24.30' L77 S 63'13'10" E 25.70' l78 N 10"50'06" W 1.67' L79 S 79'09'54" W 9.00' L80 N 10"50'06" W 52.05' L81 N 79'09'54" E 29.00' L82 S 10"50'06" E 55.70' L83 S 00'24'54" W 20.00' l84 S 89'35'06" E 28.64' L8S N 89'35'06" W 48.64' L86 S 84"28'43" W 14.00' L87 S 05'31 '17" E 51.11' L88 N 84'28'43" E 34.00' L89 N 84'28'43" E 9.85' L90 N 05'31'17" W 24.85' L91 S 84'28'43" W 29.85' 192 S 34'45'18" W 20.00' MEADOW LAKE VILLAGE GRAND LODGE - EASEMENTS CITY OF MERIDIAN SEWER AND WATER EXH OWG DATE: 06/01/05 DPM NTS BRIGGS ENGINEERING, INC. ~ (( BRIGGS ) ENGINEERS PLANNERS SURVEYORS 1800 W" OVERLAND ROAD · BOISE, IDAHO 83705 · (208)344-9700 These crawings, or any portion thereof, sholl not be used on any Project or extensions of this Project except by wrihen agreement from Briggs Engineering, Inc. ( TOUCHMARK LIVING CENTER SUBDIVISION NO.1 EXHIB IT "B " MEADOW LAKE VILLAGE GRAND LODGE - EASEMENTS BRIGGS ENGINeERING, INC. ~ CENTER 1/4 CORNER INTERST ATE 84 SJim~10F2 EXH :ENC1NEERS PL.I.NNERS SURVrYORS 1&10 W_ o..'UiVW ROn\1 BOISt lO>>iO ali'GJ . lZ08)JoH-9700 05/02/05 OPt.! Thue -dmwltl\l~. Qr ()fly P"'IWJrI lItrre..-r, ~h(l~ Mol ~ >.l~.e:d o.n cny Pt~.ie:! Ilr e~Id.n!Oo.r..~ of lhi~ Pn1j.,,;1 'J.,.u:ept by .,I!t"'fL D"toe-~Il'I~'"t Inlm SrI'?';! &!ltruclm~, ItI-:. July 8,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT July 12,2005 ITEM NO. 5-C REQUEST Streetlight Agreement for Cobblefield Crossing No.2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached ~vY 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 JUN 2 7 2005 To: Mayor De Weerd & City Council From: Karie Glenn City Of Meridian City Clerk Office cc: File Date: 6/22/2005 Re: Proposed Agenda Items for 6/28/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 6/28/05 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Streetliaht Aareement for Cobblefield Crossina #2. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Cobblefield Crossing #2 and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Initial Pointe LLC pertaining to the street lights in Cobblefield Crossing #2, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Initial Pointe LLC has provided 1 ea. Double head street light pole, concrete pole base, fixtures, bulbs, and components to the residential development known as Cobblefield Crossing #2 in Meridian, Idaho. The parties acknowledge that the lea. Double head street light pole and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Initial Pointe LLC, or it's assigns, agree to. replace, repair and provide any required maintenance of any of the above mentioned street light, and/or appurtenances thereof, that may hereafter be broken, damaged, or deteriorated, or require maintenance, at its own expense; and it is further agreed that InitialPointe LLC., or its heirs, successors and assigns, shall keep the light operational at all times, it being understood by the City that bulbs, and/or ballast, do bum out and that the City will allow reasonable time to replace them. 3. It is agreed that the City of Meridian authorize and pay for the electrical service to be supplied to the lea. Double head street light located in Cobblefield Crossing #2 in the usual and customary manner. 4. It is agreed that the City of Meridian, because Idaho Power Company will not maintain the bulbs and ballast or provide any maintenance, will enter into a Schedule 40 Agreement with Idaho Power Company, and not a Schedule 41 Agreement, which in proper cases provide that Idaho Power Company would provide maintenance, bulbs, and ballast. It is also agreed that lighting served under the Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type. 5. It is understood and agreed that Initial Pointe LLC. will assign its rights and obligations hereunder to when said Homeowners Association is formed and operational. STREET LIGHT AGREEMENT Page 1 This AGREEMENT shall be binding on Initial Pointe LLC. its heirs, successors and assigns, and the CITY OF :MERIDIAN. Dated this day of 20_. CITY OF :MERIDIAN, a municipality and Political subdivision of the State of Idaho By_ Mayor De Weerd ATTEST: William G Berg, fI., City Clerk ATTEST: Secretary STREET LIGHT AGREEMENT Page 2 " . STATE OF IDAHO, ) ss. County of Ada, On this _ day of , 20----/ before me, the undersigned, a Notary Public in and for said State, personally appeared Mayor DEWEERD and WilLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF lVIERIDIAN, 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 MY COMJ\1JSSIONEXPIRES STATE OF ,) County of ,.) On this /rlay of m~ ' 20 ~ before me, the undersigned, a Notary Public in and for said State, p rsonally appeared ~ In Af;vlh^/. :);1... and .:r known to me to be the President and Secretary of " and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. : ss. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ;bLtA~~ NOTARYPUBLICF R AHa RESIDING AT BOt~.c 0~. ;%4 CorhJr1-1 MY COrvllVlISSION EXPIRES Su,JE 2..af:5(q STREET LIGHT AGREElVIENT Page 3 July 8,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Mike and Gloria Urwin AZ 05-009 July 12,2005 ITEM NO. 5-0 REQUEST Development Agreement - Request for Annexation and Zoning of 1.06 acres from RUT to L-O zones for Mike and Gloria Urwin - 2560 South 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(~ . Date: 7L(1 kOS Phone: 'X9t:!i39 Emailed: ~f\~~ ~ 6 S(\ 0 r {)f'V\, S ff I itials: fi.. f?.. _ Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached Development Agreement ~y& ADA COUNTY RECORDER ,I "'l4VJO NAVARRO BOISE IDAHO 07/20/05 o:f 'M DEPUTY Neava Haney RECORDED-REQUEST OF Meridian City AMOUNT ,DO 25 III [11111111 J 111111111111111111111111 10509::::::09 DEVELOPMENT AGREEMENT PARTIES; 1. 2. City of Meridian Mike and Gloria Urwin, OwnerlDeveloper THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this~ day of ~Lju.....-- , 2005, by and between CITY OF MERIDIAN, a municipal corporatio of the State of Idaho, hereafter called "CITY', and Mike and Gloria Urwin, hereinafter called "OWNERlDEVELOPER". 1. RECITALS: 1.1 WHEREAS, "OWNER/DEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the COl.mty 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 conceming 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 a1ll1exation 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 (L-O) Limited Office, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Owner/Developer" 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-05-009 - MIKE AND GLORIA URWIN) PAGE 1 OF 10 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of govenunent 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 ofthe "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 govenunent 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 ofthe 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 ofthe 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-05-009 - MIKE AND GLORIA URWIN) PAGE 2 OF 10 3. DEFINITIONS: For all pUlposes 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 government subdivision of the state of Idaho, 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/DEVELOPER": means and refers to Mike and Gloria Urwin, 800 E. Hubbard Road, Kuna, Idaho 83634, the parties 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 L-O (Limited Office) 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 tms Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (G) which are herein specified as follows: Construction and development of either a conditional use permit or a planned development application shall be submitted to the City of Meridian prior to a future development in the L-O zone, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ-05-009 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification oftms Agreement. DEVELOPMENT AGREEMENT (AZ-05-009 - MIKE AND GLORIA URWIN) PAGE 3 OF 10 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: 1. 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 ini.gation; 2. That no exterior alterations, expansions, reconstructions or other enlargements to the existing single-family structure will be permitted except through a Certificate of Zoning Compliance (CZC) and except where the use of the structure changes to a use pennitted in the L-O zone.; 3. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production oftraffic, "noise, smoke, fumes, glare or odors; 4. That other than converting the existing structure to a professional office, all future uses on the subj ect site shall be approved through the Conditional Use Permit process. The applicant shall provide cross-access to the parcels to the north (Parcel No. R2114050010) and south (parcel No. R9071450052), prior to issuance of a Certificate of Zoning Compliance permit for any future use (excluding the existing home to be converted); 5. That vehicular access to this site shall be restricted to those approved by ITD and the City. Access to this site from Meridian Road shall be on an interim basis only and shall terminate within 6 months of alternate access being available to the site; 6. 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 5 entitled "Conditions Governing Re-Zone" of subject "Property" ofthis 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.e. S 67-6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT (AZ-05-009 - MIKE AND GLORIA URWIN) PAGE 4 OF 10 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and if the "Owner" fails to cure such failure within six (6) months of such notice. 8. 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 ofthis Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 ill 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. 9.2 A waiver by "City" of any default by "Owner" of anyone or more of the covenants or condi tions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner's" cost, and submit proof of such recording to "Owner", 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 DEVELOPMENT AGREEMENT (AZ-05-009 - MIKE AND GLORlA URWIN) PAGE 5 OF 10 hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. 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 of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach ofthis 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 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. 12.2 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. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code g12-5-3, to insure that installation of the improvements, which the "Owner" agrees to provide, if required by the "City". 14. 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 DEVELOPMENT AGREEMENT (AZ-OS-009 - MIKE AND GLORIA URWIN) PAGE 6 OF 10 Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "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. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNERJDEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 Mike and Gloria Urwin 800 E. Hubbard Road Kuna, Idaho 83634 wi th copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 16.1 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. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. DEVELOPMENT AGREEMENT (AZ-05-009 - MIKE AND GLORIA URWIN) PAGE 7 OF 10 18. TIME IS OF THE ESSENCE: The parties hereto aclrnowledge 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. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner" ofthe "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 subj ect to the provisions hereof and any successor owner or owners shall be both benefited and bOlmd by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "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". 21.1 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. DEVELOPMENT AGREEMENT (AZ-05-009 - MIKE AND GLORIA URWIN) PAGE 8 OF 10 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning ofthe "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 / ft, :lJt1/z;ALU/I.. "/ //Z/'~z~ MIKE URWIN .,JI&~~V~Ujt 0 GLORIA URWIN CITY OF MERIDIAN BY:~ DEVELOPMENT AGREEMENT (AZ-05-009 - MIKE AND GLORIA URWIN) PAGE 9 OF 10 STATE OF IDAHO, : ss: County of Ada, On this d~ay of Jttl\,~ ,2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Mike and Gloria UlWin, known or identified to me to be the persons who executed the agreement, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ~"", 11.11..,._,# !/It....~~ ~Cf. L. SAt: #"., ~.. ?;:.... './''A ~ '" " .. ""1- ~ l ~OTA~r\, '\ a * : -... i * ~ \ 1... J:lClBL\C l i \. ~~ .0. .... 0 $ "''''~#::';;.;;;.i; ~~~~i. '4'~4hh.'.~~.~ STATE OF IDAHO : ss County of Ada Onthis~dayof ~l.L\\r , 2005, before me, a Notary Public, personally appeared Tammy de Weerd and illiam G. Berg, Jr., lmow 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. ~;'~.";"..~#. 'r;~"~ ....... :.trl'~ #~ / ,'Y.J ~ ':o~ (SEAIj "OTA~... \ : * i ..... * :: \ \ JltTBL\C } ~~~"" 0 ~ ...... "", ........ ...~.... ....::.~.~.I.I.~~,.I ./JJ DEVELOPMENT AGREEMENT (AZ-OS-009 - MIKE AND GLORIA URWIN) PAGE 10 OF 10 Jan ~~ 2005 3:18PM HP FA>=: p.3 E)( b \ bl -\- 'A J f1l/" 6 ~ 5505 W. Franl-din Road" Boise, Ida.ho 83705-1055 IlJ liW'i n for of Meridian 28 January 2005 A portion of lot 1 of Block: 1 of Volkman Subdivision, as shown on the official plat thereof on fife. in the office of the Ada COt,lnty, Idaho, Recorder, and adjoining public right-of-way, being situated in U$. Lot 3 qf Section 19. Township 3 North, Range 1 East, Boise Meridian, Ada Couhty, idaho, and befng more particularly described as ~~: . . Commencing at the southwest comer of said Section 19; thence NOO"5S'OO"E, 2,195.04 feet along the westel1y b6undaryof said Section 19 to .the extension. of the northerly boundary of said lot 1, which is the Real Point of Beginning: Thence SB9P04'OO"E, 335.00 .feet along the extension of the northerly boundary of said Lot 1 and along the northerly bounpary of said Lot 1 to the, northeast com~r of s?id 'lot 1; . . Thence SOOP56'OO'W, 168.00 feet aJong the easterly boundary of said Lot, 1 to the southeast comer of said lot 1; Thence N89P04'OO'VIf, 335..00 feet along the southerly boundary of said Lot '1 and the e:h1:ension of the southerly boundary of said Lot 1 to the westerly boundary of said Section 19; Thence NOO"56'OO"E, 168.00 feet along the westerly boundary of said Sectipn 19 to the R~al Poire~ of Beginning. . . ...; Comprising 1.292 acres, ~ore or less; This land description has been made. from' SlJrvey information contained on the subdivision plat of Volkman Subdivision.' . EXtllbtt \ B r CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Annexation and Zoning of 1.06 Acres from RUT (Ada County) to L-O (Lbnited Office District), by Mike & Gloria Urwin Case No(s): AZ-05-009 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 (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consider~tion 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 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 ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 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-05-009- PAGE I of 4 verified that the property owner(s) of record at the time of issuance of these findings are Michael & Gloda Urwin. 4. Required Findings per Zoning and Subdivision Ordinance a, See Exhibit D for the findings required for this 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.e. 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 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 wiD not impose expense uppu 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 su.bject to the Legal Description in Exhibit A, the Conceptual Site Plan dated February 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 S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted~ it is hereby .ordered that I. The applicanFs Conceptual Site Plan as evidenced by having submitted the Conceptual Site Plan dated February 2005 is 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-05-0Q9- 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 goveming body of the City of Meridian, pursuant to Idaho Code g 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use pennit approval may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. 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 of the City Council at its regular meeting held on the '3ftA- mol) , 2005. day of COUNCIL MEMBER SHAUN WARDLE VOTED-4f-L COUNCIL MEMBER CHRISTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED -1.(f-fL- COUNCIL MEMBER KEITH BIRD VOTED~ MAYORTAMMYdeWEERD (TIE BREAKER) VOTED~ Copy served upon Applicant, The Planning and Zoning Department, Pu~lic Works Department and City Attorney. By; ja.h n h.hQ ON'- City Clerk's Office Dated: 5-1 u 1')t:;; CITY OF MERIDIAN FINDINGS OF FACI', CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). Az.05-0f}9- PAGE 4 of 4 EXHIBIT A Urwin Annexation AZ-05-009 Legal Description J~n ?E1 <'005 3, 1 !3f'H If' LRSE.R.1f"T FA~ :1(1. 6 ~VJt. €~ #nc;. s~ W Franklin RoaQ . Bois-&, ld",h& BS7t.',,-;b~5 Gloria and Michael UlWin Land Description for Annexation to the City of Meridian za January 2005 A portion of l.I:!t 1 of Block 1 of Volkman SubdMs!on. sa shown em tne offidaJ plat thereof qn file in rhe cl'tlca at the Ada you.,ty, Idaho. Reoonter. and adjoinirig publiC liglit~way. being Situated in U.S. Lo1 ;3 of SectiOI1 19-, TO'Mlshlp 3 North, Range i E.ut BoIse Meridian, Pod1J CQuhty, Idaho, and .being mora Particularly dascribl!Xl 9S Wllows: . Comnencing at the so~ pamer Of S.aid SectioI1 19i 1hehce N(jO'55'OO"E. 2.195.04 .feet all?flg .the westerly botmclalY of sa~d Section 19 to the extension of the northetfy boundal)' of said wt 1, Which Is the Rea, Point of BeginnIrrt1: Thence SBa"'04'OD''E, 335_00 fuet along 'the e~enskJO of the not1herly ~da(y of Rid Lot 1 and along the l'Iortherly boondary of said Lo! 1 to ~ MOrthea$t comer of said Lot 1.;. . . Thence SOoo58'CO'W. 168; 00 (eet along the aast.erly boundary of said lot 1 fll the soUfhaast comer of sakj Lot 1; inance N69"04'OO'W. 335.00 reet.~loog!he &O~erfy bOundary of. said Lot land the extension of the scutherly boundary of l5lW Lcrt 1 to "the westerly bounEjruy Of 88ld Sadion 19: Thence NOo.S6'OO"E, 168.00 feet along the westerly bound!!ty of said &ctJpn 19 to the R.saJ PoIrti oIl1eg;nning. Complisln~ 1.292 sa-ft, ~re or less. ~ s:=~ ./Ja$ bH1l f(IBde /Tam ~.i' hfctmafirm CXJIltainsd lYJ lh. BiJbdMslOll ~t 01 . + > ",:':I~. ,;.~~~!::~.i : ~~~~~~9~~ ~ c.. g- oe r."J -I 'J>. ~, ./.:ll ~....... c;:: ~ > rn 19~ ~ "",~,,,;....,.~,,,,,~ fjfA'f.ill ";;~.. .',_.~ :..,..,..~;t'llti~kW.:'- -,.> ~~~:;, f. . . '., I,' J'j..\l~t:-lIl~""~'I~.~;"!;,';,_:. . 'J, '..J, C' ~ '""I1 J ~ ~ to ~. ~i ~/ 2- Rc~ ~~ If c ~. li~ oeld "HS fenld,,:mo;:} 600~SO-zv nopexauuy DJAi.l[} &@]@@ lli]@@dJ H J.UIIHXJI EXHIBIT C Urwin Annexation AZ--05-009 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 1-28-05, stamped by Joseph D. Canning) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Public Works Department has confumed 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 Nary- 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 10 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. · That no exterior alterations, expansions, reconstructions or other enlargements to the existing single-family structure will be permitted except through a Certificate of Zoning Compliance (ClC) and except where the use of the structure changes to a use pennitted in the L-O zone. · 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. · That other than converting the existing structure to a profes.sional office, all future uses on the subject site shall be approved through the Conditional Use Permit process. The applicant shall provide cross-access to the parcels to the north (parcel No. R211405001O) and south (parcel No, R9071450052), prior to issuance of a Certificate of Zoning Compliance permit. for an y future use (excluding the existing home to be converted). · That vehicular access to this site shall be restricted to those approved by ITD and the City. Access to this site from Meridian Road shall be on an interim basis only and shall terminate within 6 months of alternate access being available to the site. EXHIBIT D Urwin Annexation Az..05-009 Zoning Amendment Findings ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-] I, 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 City Council: 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 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Low Density Residential". In Chapter VII of the Comprehensive Plan, low density is defined as areas including single-family homes at densities of three dwelling units. per acre or less. The applicant is not proposing a residential zone/use for this site. The City recently approved Resolution No. 04-454, which amended Chapter VII~ Section I, of the Comprehensive' Plan to include the following language: "At the discretion of City Council, areas with a Residential Comprehensive Plan designation may request office uses. if the property has frontage on an arterial street or a section line road and is 3 acres in size or less in size. In this insta11ce, no anci1Iary commercial uses shall be permitted." City Council finds that the subject property has frontage on an arterial street (Meridian Road) and is less than 3 acres in size (1.06 acres). According to Resolution No. 04-0454. the subject parcel is eligible for an office usehone, if the Commission and Council find the zoning is appropriate for this site. City Council finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (analysis is in italics below policy): · "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal N1 Objective D, Action item 2) On the submitted conceptual plan, the applicant is proposing direct access to Meridian Road (SH 69). Other than Meridian Road, this site does not have frontage on any public street. Citv Council recommends that access to the site be orovided from Meridian Road on an interim basis on/v. See comments from ITD and Special Considerations for fUrther analysis. · "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, benns, etc.)." (Chapter VIIJ Goal IV, Objective D, Action item 4) Meridian Road is designated as an entryway corridor on the Comprehensive Plan Future Land Use Map. By City Ordinance, a 35-foot wide landscape buffer is required ac1jacent to Meridian Road (Mee 12-13-10-4). A landscape buffer along Meridian Road will be required by the City with CZCICUP/Plat 'approval. · "Require all commercial businesses to install and maintain landscaping." (Chapter VJ Goal III, Objective D. Action item 5) The applicant is not specifically proposing to install any landscaping with the subject annexation application. In order to operate a commercial business on this site, the applicant will be required to construct landscaping along Meridian Road and the perimeter of the site with CZCICUP/Plat approval. · "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, Obj. A; #6) This parcel is contiguous to the city via the church-owned 30-acres on the west side of Meridian Road. Sanitarv sewer and water are not available to this varcel arthis time. However. City Council believes that services will be available soon due to extensions of mains in connection with the Mussell Corner development (northeast corner of Victory Road and Meridian Road). The applicant will be required to connect to city services and run them to and through at such time that they become available. Sizing and routing to be coordinated with the City of Meridian Public Works department. · "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goall, Objective B) City Council believes that the proposed zone, which allows office uses, does contribute to the variety of uses in this area. City Council finds that the new zonin~ to L-Q should be harmonious with and in accordance with the Comorehensive Plan as amended bv Resolution No. 04-454. 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. This site plan anticipates the conversion of the existing residence to a professional office, The site plan does not however, depict any future use for the remainder of the site (east), City Council does not anticipate that the applicant plans to rezone the subject property ill the future if the subject annexation/zoning is approved, as additional office uses may be allowed in the requested L-O 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 cOlnmercial area by means of conditional use permits; City Council finds that a professional office on the western portion of this site would be a permitted use within the requested L-Q zone. As mentioned above; there is no proposed development plan for the remaining unimproved part of this site (east). City Council recommends that prior to expansion of the existing structure, or future development on this site, direct lot access to Meridian Road be abandoned, . D. Has there been a. change in the area or adjacent areas whi~h 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 fasMon similar to the proposed rezone area; Surrounding uses currently include rural residential properties to the north and west, a retail use to the south, and a vacant agricultural field to the west. As mentioned in the-Surrounding Properties section ahove, there have been several recent developments up and down Meridian Road, between Victory Road and Overland Road. Some of these developments, Larkspur, Strada Bellissima, and Southern Springs are anticipated to develop with some similar (office) uses. Kuna-Meridian Road was recently widened to five lanes in this area by lTD. Overland Road was recently widened to five lanes, east o(Meridian Road, by the ACHD. Victory Road is not scheduled by the ACHD for any improvements in the current Five Year Work Program or CIP. The intersection of Victory RoadlKuna- Meridian Road is ranked #2 on the highway district's prioritization list and is anticipated to be a signalized intersection in the near future. Although no adjacent parcels have been developed in the City, City Council finds that the proposed zoning is similar to other properties that have been developed/zoned in the general area. E. Will the proposed uses be designed, constructed, operate4 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 esseDtial character of the same area; City Council finds that the proposed office zone/use 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. City Council finds that any future 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 (as amended by Resolution No. 04-0454). Please see Finding "FU below for further analysis. F. Will the proposed uses not be hazardous or disturbing to.existing or futul'e neighboring u.ses; CommerciaVoffice vehicular access to this site could cause a potential disturbanceJhazard to existing and/or future uses. ACHD and ITD consider access points in their analysis of development applications. Although the subject application is for annexation and zoning only) ITD has prepared a letter that recommends restricting access to Meridian Road for this site. This letter notes that access to this site does not meet fTO's spacing of approaches. However, because the parcel is otherwise landlocked, interim access may be allowed if other access is unavailable. City Council finds that if cross access between th.e subject property and the properties to the north and south is provided, the proposed use (and access) should not be hazardous to neighboring uses or traffic flows. The 2002 Comprehensive Plan Future Land Use Map designates the properties to the north, south and east of the subject property for low density residential use's. If an office zone/use is approved for this site, City Council believes that the properties to the-north and south (with frontage on Meridian Road) could also request a non-residential zone/use in the future. If these adjacent property owners were anticipating low density residential uses and an office use/zone is approved, it may be considered disturbing to them. To allow for residential uses on the adjacent properties~ as envisioned with the Comprehensive Plan, appropriate landscape buffers will be required on the perimeter of this site) as there are abutting uses (Single-family and vacant) that are less-intense than uses allowed in the L-O zone (see MCC 12-13-12-4). City Council fInds that the use of this site for professional office/clinic purposes 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. 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 and water are not available to this parcel at this time. However, City Council believes that services will be available soon due to extensions of mains in connection with the Mussell Comer development (northeast comer of. Victory Road and Meridian Road). The applicant will be required to CODnect to city services and run them to and through at such time that they become available. Sizing and routing to be coordinated with the City of Meridian Public Works deparlment. 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 stonn water drainage facilities. ITO has sent recommendations to the City regarding access for this site. Please review the ITD comments at the end of this report for detailed information regarding this finding. On March 11, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. Other required site improvements will be funded and constructed by the developer through the CZC/CUP/Subdivision approval process. The primary public costs to serve the future patrons will be fire and police facilities and services. City Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the conununity's economic welfare. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, (lIntes, glare or odors; If the subject annexation and zoning application is approved,' the applicant intends to convert the existing residence to a professional office. City Council finds that any future uses on this site will generate additional traffic on adjacent roadways above and beyond the existing residence. The level of impact will depend upon the type of future use(s). City Council recognizes that traffic and noise will increase with the approval of this developmentj however, do to the size of the site (1.06 acres) City Council does not believe that the amount generated will be detrimental to the general welfare oillie public. The purpose of the L~O zone is to "pennit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. . . shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall puipose of this District." (MCC 11-7-2.G) As such, City Council does not anticipate future uses will create smoke, fumes, glare, or odors that will be de~mental to the general welfare of persons or property in the area. City Council does not anticipate the proposed annexation and subsequent use(s) will create excessive noise, smoke, fumes, glare, or odors. City Council finds that the proposed office zonin&,use 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 high probability for redevelopment of the subject site, City Council believes that a Development Agreement is necessary to ensure that the purpose of the L-O zone is maintained.. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an intcl"ference with traffic on surrounding public streets; " The applicant is conceptually proposing to construct one new driveway to Meridian Road. This driveway is located near the north property line, ITD has submitted a letter to the City stating that their policy for access to a Type IV Principal Arterial (SH 69) will be at intersections only, and spaced at one~half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. ITD's policy on approaches lessens the ability of driveways to create interference on the roadways. The conceptually proposed driveway to SH 69 for this site does not conform to ITD's policy listed above for approaches on a Type IV roadw~y. Currently SH 69 has a posted speed limit of 55 MPH. Vehicles leaving this site from the proposed access point will be attempting to merge with, or cross, traffic that is going extremely fast. However, this parcel only has frontage On Meridian Road; it is otheIWise landlocked. To obtain an access pennit to Meridian Road from ITO for a commercial/office use, the applicant will be required to provide cross access to the adjacent parcels (north and south) and the access will be allowed on a interim basis (until alternate access can be provided). Because there is currently a center turn lane on Meridian Road abutting tbis site; the anticipated office use will not be a significant traffic generator, and; the access will be temporary, City C0U11CiI believes that the access point will not create significant traffic interference. Further, City Council finds that the least amount of interference to traffic on the surrounding public streets will occur if cross access between the subject property and the properties to the north and south are provided, and the proposed access point is removed once an alternate ingress/egress point is provided. K. Will not result in the destruction, loss or damage of a naturaL or scenic feature of major importance; and City Council 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 he. 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)" There have been several recent developments in this area, none have occurred adjacent to this site. If a non-residential use is approved for this site, City COlUlcil anticipates the properties to the north and south may also develop with non- residential/office uses and not low-density uses as envisioned with the Comprehensive Plan Future Land Use Map. NOTE: City Council has included Development Agreement stipulations for annexation and zoning of this property. July 8, 2005 MERIDIAN CITY COUNCIL MEETING July 12,2005 APPLICANT ITEM NO. 5-E REQUEST Water Main Easement for Cherry Crossing Building AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ~yY-/ CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at publlc meetings shall become property of the City of MerldJan. City of Meridian Public Works Dept. Memo To: Mayor De Weerd & City Council From: Karie Glenn City Of Meridian City Clerk Office cc: File Date: 6/30/2005 Re: Proposed Agenda Items for 7/12/05 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 7/12/05 City Council agenda, on the Consent Agenda, for Council's consideration:' 1) Water Main Easement for Cherry Crossina BuiJdina . Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Cherry Crossing Building and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 WATER MAIN EASEMENT THIS INDENTIJRE, made this ~Zday of 3~ '\c.., 20 (~between Che<'lt fr"~S I~ r LL e. , 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 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 ofthis 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 pmposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. . IN WITNESS WHEREOF, the said parties of the fIrst part have hereunto subscribed their signatures the day and year first herein above written. . G7~ President Secretary STATE OF IDAHO ) ") ss County of Ada ) On this ~ day of and for said State, person appeared 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 sear the day and year fIst above written. ~....A...".. .. ~\1.:-~_.:._-C?.~~.. .".3:-- 0 T.d.4 "'~.. (SEAL) .." ~/ ~ P\t.~ ~. ~\ ) ) ".~'~ '~\Q-:~O.. " .17);;-----~~.. "" .""'. R!...... . k\l\ -fl. ~~ NOTARYhLICFORIDtri Residing at' \.\1\ fr..-., "-, \ r>J'-.Q) Commission Expires: V') - ::l-('Y~1 Water Main Easement EASMT WTR GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, County of Ada On this _day of ,2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIA1\1 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 ~~ 5: ~ !~ ~] ~~ '-<.Jig -...J '" Cr:l ~l3~ ~~: ~:: (;'..)~ ~~Q ~~~~ <!G~~~ i~~~~ ><C\;!~~~ Wh~ ~ ~ ~ ~\i' 21 ~(3~ ~~ ~~ \.)~ 'V) ~~ "'" ;~;'':; '" .:::~ -::.. '- - ~ i I ~ t-. Q:) ~ ~ qi i !iil f Ib ~~ ~:i 1si2 u; ~~IU ~ lr ARRH'w Land Surveying, Inc. GPS, BOUNDARY, TOPOGRAPHIC AND AL.T.A SURVEYS CONSTRUCTION STAKJNG 3D SCANNING 1121 E. state Street · Suite 195 · Eagle, Idaho 83616 · office: 1-298-939-7373 · fax: 1-208-939-7321 LEGAL DESCRIPTION FOR CHERRY CROSSING ex t4 l13 t.,.. 'B (water meter easement) Job No. 05839 6-17-05 D.R.L. A portion of Lot 2, Block 1, Cherry Crossing Subdivision No.2, City of Meridian, Ada County, Idaho described as follows: Commencing at the Southwest corner of Lot 2, Block 1, Cherry Crossing Subdivision No. 2, City of Meridian, Ada County, Idaho and running thence North 175.22 feet along the West line of said lot; thence East 15.00 feet to the POINT OF BEGINNING; thence East 24.00 feet; thence South 20.00 feet; thence West 24.00 feet; thence North 20.00 feet to the point of beginning-, Parcel contains 480 square feet. ) July 8, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT July 12,2005 ITEM NO. 5-F REQUEST Contract for the Ten Mile Sewer Project with JUB Engineers 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 ~yU 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 07 2D05 C~ty Of Meridian CIty Clerk Office To: Will Berg; Tara Green From: Clint Dolsby, Staff Engineer CC: Brad Watson, Public Works Director Date: 07/06/2005 Re: Proposed Agenda Item for July 12, 2005 City Council Meeting The Public Works Department respectfully requests the following item be placed on the July 12 City Council agenda, under consent agenda, for Council's consideration: Ten Mile Sewer Proiect. JUB Engineers, Inc. has submitted a task order, scope of work, and budget for this design project. They propose to complete the work for $19,064. This is an extension of the agreement between the City of Meridian and JUS Engineers, Inc. approyed by City Council on the 28th of January, 2003 for the Slack Cat Trunk Sewer and Lift Station Project. This project consists of the preliminary and final design of the Ten Mile Sewer that is located in Ten Mile Road between Franklin Road and Cherry Lane. This sewer needs to be constructed prior to or in conjunction with ACHD's Ten Mile Road Widening Project #504003. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for the Ten Mile Sewer Project with JUB Engineers, Inc. for $19,064 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 aij.B ~ ~ ENGJ~~~~~ .E~~~Y~;~~P~~UERS J-U~B ENGINEERS, Inc. AGREEMENT FOR PROFESSIONAL SERVICES SF330 Code 804 PM Initials PHK J-U-B Project No.: 10-05-077 THIS AGREEMENT entered into this _ day of _ 20Q2, between Citv of Meridian, hereinafter referred to as the "CLIENT" and J-U-B ENGINEERS, Inc., an Idaho Corporation of Boise, Idaho, hereinafter referred to as "J-U-B". WITNESSETH: WHEREAS the CLIENT intends to: desian sewer on Ten Mile Road as described in Attachment "A". hereinafter referred to as the "Project"; NOW, THEREFORE, the CLIENT and J-U-B, in consideration of their mutual covenants herein, agree as set forth below: MUTUAL RESPONSIBILITIES: This Agreement is based upon a mutual obligation of good faith and fair dealing between the parties in its performance and enforcement. Accordingly, the CLIENT and J-U-B, with a positive commitmentto honesty and integrity, agree that each will assist in the other's performance; that each will avoid hindering the other's performance; that each will work diligently to fulfill its obligations; and that each will cooperate in the common endeavor of the Agreement. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to J-U-B all criteria and full information as to CLIENT's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandabHity, and any budgetary limitations; and turnish copies of all design and construction standards, rules and laws which CLIENT or others will require to be included in the drawings and specifications upon which J-U-B can rely for completeness and accuracy. The CLI ENT will furnish to J-U-B all data, documents, and other items in CLIENT's possession, or reasonably obtainable by CLIENT, including, without limitation, borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment; appropriate professional interpretations of all of the foregoing; environmental assessment and impact statements, surveys of record, property descriptions; zoning, deed and other land use restrictions, rules and laws; and other special data or consultations, all of which J-U-B may use and rely upon in performing Services under this Agreement. The CLIENT shall designate a representative with authority to bind the CLIENT. The CLIENT will obtain, arrange and pay for all advertisements for bids, permits and licenses required by local, state, province or federal authorities, and all land, easement, rights-ot-ways and access necessary for J-U-B's Services and Project construction. In addition, the CLIENT will furnish to J-U-B: Items listed in Attachment "C". PROJECT REPRESENTATIVES The CLIENT and J-U-B hereby designate their authorized representatives to act on their behalf with respectto the services and responsibilities under this Agreement. The following designated representatives are authorized to receive notices, transmit information and make decisions regarding the Project on behalf of their respectiVe parties, except as expressly limited herein. These representatives are not authorized to alter or modify the terms and conditions of this Agreement. For the CLIENT: 1. Name Brad Watson, P.E. Work telephone (208) 898-5500 Home telephone FAX telepho~e (208) 898-9551 E-mail address watsonb@meridiancity.org Address City of Meridian 660 E. Watertower, 2nd Floor Meridian, 10 83642 Special provisions or limitations: For J-U-B: 1. Name Phillip H. Krichbaum, P.E. Work telephone (208) 376-7330 Home telephone FAX telephone (208) 323-9336 E-mail addressphk@iub.com Address J-U-B ENGINEERS, Inc. 250 S. Beechwood Avenue #201 Boise, 10 83709 Special provisions or limitations: ( (0- , In the event any changes are made to the authorized representatives or other information listed above, the CLIENT and J-U-B agree to furnish each other timely, written notice of such changes. SERYICES TO BE PERFORMED BY J-U-B ("Services") J-U-B will comDlete those services listed in Attachment "B". J-U-B assumes no responsibility to perform services not listed. Services which J-U-B performs at the request or acquiescence of the CLIENT that are not listed are "Additional Services". SCHEDULE OF SERYICES TO BE PERFORMED J-U-B will perform said Services as follows: In a timelv manner. This schedule shall be equitably adjusted as the Project progresses, allowing for changes in scope, character or size of the Project requested by the CLIENT or for delays or other causes beyond J-U-B's control. BASIS OF FEE The CLIENT will pay J-U-B for their Services and reimbursable expenses as fDlIows: As listed In Attachment "0"_ The CLIENT will pay J-U-B for all Additional Services on a time and materials basis. File Folder Tille: MERIDIAN, CITY OF - Ten Mile Sewer Remarks: The Notice to Proceed, by the CLIENT, verbal or written, constitutes acceptance of this Agreement. THE TERMS AND CONDITIONS, INCLUDING RISK ALLOCATION, ON THE ATTACHED SHEET, ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CLIENT: City of Meridian NAME 660 E. Watertower, 2nd Floor STREET Meridian, 10 83642 CITY / STATE / ZIP CODE BY (Signature) Tammv de Weerd, Mayor NAME I TITLE Phillip H. Krichbaum, P.E., Project Manager NAME / TITLE BY (Signature) NAME / TITLE DISTRIBUTION: White - Corporate; Yellow - Office; Pink - Project; Goldenrod - Client J-U-B ENGINEERS, Inc. TERMS AND CONDITIONS GENERAL J-U-B shall provide for the CLIENT professional Services as set forth herein. The Services will be performed in accordance with generally accepted professional practices for the intended use of the Project. J.U -B MAKES NO OTH E R WAR RANTY EITH ER EXP R ESSED OR 1M PLIED. The CLIENT acknowledges and agrees that legal requirements governing the Project may be subiect to various and possibly contradictory interpretations; and, J-U-B will therefore use its reasonable professional efforts and judgment to interpret such requirements. J-U-B shall not be responsible for acts oromissions of any party involved in the Project other than their own, including but notlimited to failure of a third party to follow J-U-B's recommendations; the means, methods, techniques, sequences or procedures of construction selected by CLIENT or third parties; safety programs and precautions selected by third parties; compliance with laws, rules, regulations, ordinances, codes, orders or authority by CLIENT and third parties; and any contact or action of the CLIENT or others with third parties. CLIENT therefore indemnifies and holds J-U-B harmless from the actions and omissions of CLIENT and third parties involved in the Project. J-U-B shall not be required to sign any documents, no matter by whom requested, that would result in J-U-B's having to certify, guarantee or warrant the existence of conditions whose existence J-U-B cannot ascertain. The CLIENT also agrees not to make resolution of any dispute with J-U-B or payment of any amount due to J-U-B in any way contingent upon J-U-B signing any such certification. In soil investigation work and in determining subsurface conditions forthe Project, the characteristics may vary greatly between successive test points and sample intervals. J-U-B will coordinate this work in accordance with generally accepted practice of the professional Services being provided and makes NO OTHER WARRANTIES EXPRESSED OR IMPLIED, or as to the professional advice furnished by others. Resetting of survey and/or construction stakes shall constitute Additional Services. CONSTRUCTION PHASE SERVICES Unless otherwise agreed, J-U-B's Services under this Agreement will be considered to be complete and final upon completion of the Services described herein. Unless otherwise agreed, it is understood and agreed that J-U-B's Services under this Agreement do not include Project observation, review of the contractor's performance, or any other construction phase services, and the CLIENT assumes all responsibility for interpretation of the documents associated with the Project and fo r construction observation or review, and i ndem nifies J-U-B from and waives any claims against J -U-B that may be in any way connected thereto or arise therefrom. It is further understood and agreed that J-U-B does not have control over, and neither the professional activities of J-U-B nor the presence of J-U-B at the Project site shall give J-U-B control over contractor(s) work nor shall J-U-B have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by co ntractor(s) , for safety precautions and programs incident to the work of the contractor(s) or for any failure of contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to contractor(s) furnishing and performing their work or providing any health and safety precautions required by any regulatory agencies. Accordingly, J-U-B can neither guarantee the performance of the construction contracts by contractor(s) nor assume responsibility of contactor(s) failure to furnish and perform their work in accordance with the contract documents. The CLIENT agrees that the general contractor shall be solely responsible for jobsite safety, and warrants thatthis intent shall be carried out in the CLIENT's contract with the general contractor. The CLIENT also agrees thatthe CLIENT, J-U-B and J-U-B's subconsultants shall be indemnified by the general contractor in the event of general contractor's failure to assure jobsite safety and shall be made additional insureds under the general contractor's policies of general liability insurance. OPINIONS OF COST Since J-U-B has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s)' methods of determining prices, or over competitive bidding or market conditions, J-U-B's opinions of probable total Project costs and construction, if any, are to be made on the basis of J-U-B's experience and qualifications, and represent J-U-B's best judgment as an experienced and qualified professional engineer, familiar with the construction industry; but J-U-B cannot and does not guarantee that proposals, bids or actual total project or construction costs will not vary from opinions of probable cost prepared by J-U-B. If the CLIENT wishes greater assurance as to total project or construction costs, CLIENT shall employ an independent cost estimator. J-U-B's services to modify the Project to bring the construction costs within any limitation established by the CLIENT will be considered Additional Services and paid for as such by the CLIENT. REUSE OF DOCUMENTS AI I docume nts and magnetic media and other communication or information form ats ("Documents"), prepared or furnished by J-U-B pursuant to this Agreement are instruments of service with respect to the Project and shall remain the property of J-U-B whether or not the Project is completed. Although CLIENT may make and retain copies of Documents for information and reference in connection with use on the Project by CLIENT, J-U-B shall retain all common law, statutory and other reserved rights, including the copyright thereto, and the same shall not be reused without J-U-B's written consent. Any reuse without written consent by J-U-B, or without verification or adoption by J-U-B for the specific purpose intended by the reuse, will be at CLIENT's sole risk and without liability or legal exposure to J-U-B. The CLIENT shall indemnify and hold J-U-B harmless from any claims, damages, losses and expenses arising out of or resulting from such reuse. Copies of Documents that may be relied upon by CLIENT are limited to the printed copies (also know as hard copies) that are signed or sealed by J-U-B. Files in electronic media format of text, data, graphics, or of other types that are furnished by J-U-B to CLIENT are only for convenience of CLIENT. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the CLI ENT agrees that it will perform acceptance tests or procedures within 60 days, after which the CLIENT shall be deemed to have accepted the data thus transferred. Any errors detected within the GO-day acceptance period will be corrected by J-U-B. J-U-B shall not be responsible to maintain documents stored in electronic media format after acceptance by CLIENT. When transferring documents in electronic media format, J-U-B makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by J-U-B at the beginning of this Project. TIMES OF PAYMENTS J-U-B shall submit monthly statements for Services rendered and for expenses incurred, which statements are due on presentation. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment in full within ten (10) days after receipt of J-U-B's statement, the amounts due J-U-B will accrue interest at the rate of 1 % per month from said tenth day. If the CLIENT fails to make payments when due or otherwise is in breach of this Agreement, J-U-B may suspend performance of Services upon five (5) days notice to the CLIENT. J-U-B shall have no liability whatsoever to the CLIENT for any costs or damages as a result of such suspension caused by any breach of the Agreement by the CLIENT. Upon cure of breach or payment in full by the CLIENT within thirty (30) days of the date breach occurred or payment is due, J-U-B shall resume Services under the Agreement, and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other reasonable time and expense necessary for J-U-B to resume performance. If the CLIENT fails to make payment as provided herein within thirty (30) days after suspension of Services, such failure shall constitute a material breach of this Agreement and shall be cause for termination of this Agreement by J-U-B. TERMINATION roe obligation to provide further Services under the Agreement may be terminated by either party upon thirty (30) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. If this Agreement is terminated by either party, J-U-B will be paid for Services rendered and for expenses incurred to the date of such termination, plus an allowance for demobilization costs as determined by J-U-B. Such demobilization costs shall be the cost and expense J-U-B incurs in withdrawing its labor and resources from the Project, and obtaining and engaging in a new project with the labor and resources withdrawn from the Project. RISK ALLOCATION The CLIENT is aware of the risks, rewards, and benefits of the Project and J-U-B's total fee for services. The risks are hereby allocated such that the CLIENT agrees that, to the fullest extent permitted by law, the total combined liability of J-U-B, its agents, employees, and insurers, to the CLIENT, directly orthrough third parties for all injuries, claims, expenses, costs and fees, damages or claims of expenses arising out of this Agreement from any cause, shall not exceed the amount of J-U-B's fees, as of the date of this Agreement. Such causes include, but are not limited to, J-U-B's negligence, errors, omissions, strict liability, and breach of this Agreement. In no event shall J-U-B be liable for any incidental, indirectorconsequenlial damages. The Cli ent agrees that J- U-B is not responsible for d am ages arising directly or indirectly from any delays for causes beyond J-U-B's control. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters; fires, riots, war or other emergencies or acts of God; failure of any government agency or other third party to act in a timely manner; failure of performance by the CLIENT orthe CLIENT's contractors or consultants; or discovery of any hazardous substance or differing site conditions. In addition, if the delays resulting from any such causes increase the cost or time required by J-U-B to perform its services in an orderly and efficient manner, J-U-B shall be entitled to an equitable adjustment in schedule and compensation. HAZARDOUS WASTE AND ASBESTOS The CLIENT agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless J-U-B, its officers, partners, employees and consultants (collectively, J-U-B) from and against any and all claims, suits, demands, liabilities, losses, damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handli ng, removal, abatem ent, or disposal of any asbestos or hazardous ortoxic substances, prod ucts or materials that exist on, about or adjacent to the Project site, whether I iability arises under breach of contract or warranty, tort, including negJi gence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of J-U-B. RIGHT OF ENTRY The CLIENT shall provide for J-U-B's rightto enter the property owned by the CLIENT and others in order for J-U-B to fulfill the Services to be Perform ed h ereunde r. The CLIENT und erstands that use of testi ng or other eq uipment may unavoidably cause some dam age, the correction of which is not part of this Agreement. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless J-U-B, it's officers, directors, employees and subconsultants (collectively, J-U-B) against any damages, liabilities or costs, inclUding reasonable attorneys' fees and defense costs, arising or allegedly arising from procedures associated with testing or investigative activities or connected in any way with the discovery of hazardous materials or suspected hazardous materials on the property. MEDIATION BEFORE LITIGATION In an effort to resolve any conflicts that arise during the design and construction of the Project or following the completion of the Project, the ell ENT and J-U-B agree that all disputes betWeen them arising out of or relating to this Agreement or the Project, except for the payment of JcU-B's fees, shall be submitted to nonbinding mediation as a condition precedent to litigation unless the parties mutually agree othelWise. The CLlENTfurther agrees to include a similar mediation proviSion in all agreements with independent contractors and consultants on the Project, and also to include a similar mediation provision in all agreements with their subcontractors, subconsultants, suppliers and fabricators on the Project, thereby providing for mediation as the primary method for dispute resolution among the parties to all those agreements. LEGAL FEES In the event of any action brought by either party against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses including attorney's fees as may be set by a court. SURVIVAL Notwithstanding completion or termination of this Agreement for any reason, all rights, duties and obligations of the parties to this Agreement shall survive such completion or termination and remain in full force and effect until fulfilled. EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the CLIENT and J-U.B and supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement may be amended only by written instrument signed by both CLIENT and J-U-B. SUCCESSORS AND ASSIGNS CLIENT and J-U-B are hereby bound, and the partners, successors, executors, administrators and legal representatives of such other party, in respect of all the covenants, agreements and obligations of this Agreement. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against J-U-B. J-U-B's services under this Agreement are being performed solely for the CLIENT's benefit, and no olher party or entity shall have any claim against J-U-B because of this Agreement or the performance or nonperformance of services hereunder. In the event of such third party claim, CLIENT agrees to indemnify and hold J-U-B harmless from the same. The CLIENT and J-U-B agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in the Project to carry out the intent of this provision. CONTROLLING LAW, JURISDICTION, AND VENUE This Agreement is to be governed by the law of the State of Idaho, principal place of business of J-U-B. Any action or proceeding arising from or in connection with this Agreement shall subject to the exclusive jurisdiction of the State of Idaho. Venue shall be proper in Ada County. J-U-B ENGINEERS, Inc. Attachment 'A' - 10-05-077 CITY OF MERIDIAN TEN MILE SEWER ATTACHMENT "A" ~ REVISIONS TO TERMS AND CONDITIONS OF THE AGREEMENT FOR PROFESSIONAL SERVICES 1. The following paragraph shaLL be added to Section "RISK ALLOCATION". ENGINEER agrees to indemnify and hold harmless, at its expense, OWNER and its directors, officers, and employees from and against loss, liability, and damages to which they or any of them may be put or subjected to arising out of or resulting from the performance of this Agreement, which damage, loss, or expense is caused by acts, errors, or omissions due to negligence of ENGINEER in the performance of its services; proYided, however, that ENGINEER's liability under this subparagraph shall not result from or be attributable to: 1. The negligence, conduct, or lawful responsibility of the OWNER, its directors, officers, employees, contractors or subcontractors, and all workmen and persons employed by them or otherwise under their control, or 2. Engineering-related or other improvements to the project (betterment) that are the lawful responsibility of OWNER. City of Meridian - Ten Mile Sewer Page- I J-U-B ENGINEERS, lnc. Attachment 'B' - 10-05-077 CITY OF MERIDIAN TEN MILE SEWER Proiect Overview: This project provides design of approximately 1200' of 12" interceptor sewer on Ten Mile Road between Franklin Road and the UPRR. In addition, approximately 200' of 18" Ten Mile Diyersion Trunk wilt be designed from the intersection of Franklin and Ten Mile Roads to the west side of the Franklin Bridge crossing over Ten Mile Creek. The City's goal is to have the project constructed before the ACHD's Ten Mile Road widening Project # 504003 or constructed with the ACHD project. At this time, contract document preparation, bidding, and construction services are not provided. Table of Contents: Attachment "B" - Scope of Engineering Services · Task A - Preliminary and Final DesiQn · Task B - Agency Coordination and PermittinQ · Exhibit A-1 - Labor and Eauioment Detail · Figure 1 - Proiect Overview Attachment "C" - Items Provided by City Attachment "0" - Fee Schedule Ciry of Meridian - Ten Mile Sewer Page - I )-U-B ENGINEERS, Inc. Attachment '8' - 10-05-077 CITY OF MERIDIAN TEN MILE SEWER Attachment "B" - Scope of Engineering Services Task A -Preliminary and Final Design The project will design interceptor sewers on Ten Mile Road and Franklin Road as described in the project overview and as generally shown Figure 1 - Project Oyerview. 1, Sewer Preliminary Desien A. Research, Control, and Topographic Survey and Mapping 1. Research Ada County Surveyor's records for survey monuments to add in establishing horizontal control and include research of land monuments, plats, records of survey, right-of-ways, and easements of record along the preferred trunk sewer alignments. Horizontal coordinate system shall be based on NAD 1983 translated to the Ada County G.1.5. system. Vertical control shall be based on NAVD 1988. 2. Establish temporary construction benchmarks ( T.B.M. 's) and control points at 500' intervals. 3. Contact utility companies ( gas, power, telephone, storm drain, cable T.V., street lighting, traffic signals, irrigation) and other utilities identified along the alignment prior to survey to request field locations of utilities and to obtain available utility mapping. 4. Complete topographic survey along the alignments as generally shown on Figure 1. Additional limits of topographic survey shall be as follows: 1) Alignments in public ROW will generally be full ROW width.. Intersections shall be cross sectioned 50 feet each side beyond the alignment. 5. Complete topographic mapping in AutoCAD 2000. The anticipated scale of the plan and profile drawings will be 1 "=20' and 1"=5' vertical scale. Topographic features shall be depicted using standard symbols. Topographic features shall be shown on the construction plans to the extent that they are found or field located by the utility companies, such as fences, utility poles, surfacing, utilities, top of bank and waterway flowlines, and include monuments of record and physical survey of monuments and property pins that are found. Property lines will be shown based on Ada County G .1.5. mapping. Where easements are to be secured, property lines shall be determined using research and field search of land monuments methods as previously described above. B. Basic Design of Sewer(60%) 1. Complete preliminary design of the preferred trunk sewer alignments with considerations on constructability, surface disturbance, impact to drains, sanitary separations, dewatering, impacts to public traffic access, utility conflicts, construction access, serviceability checks, excavation depths, future ACHD facilities, easement issues, and other pertinent design issues. Proyisions to determine locate manholes, and stub-outs will be made where available deyelopment plans exist as specifically requested by the City, For parcels without development plans, considerations for manholes and block-out locations will be made with City direction. Design alignment of the sewer will be based on section line stationing of ACHD Ten Mile Road widening project. 2. Design boring under Ten Mile Creek Bridge at Ten Mile Road. It is anticipated that the boring will occur within the existing road ROW. City of Meridian - Ten Mile Sewer Page - 2 j-U-B ENGINEERS, Inc. (- Attachment 'B' - 10-05-077 3. Prepare details for the trunk sewer per fSPWC and City of Meridian Standards. 4. Prepare traffic control plans for the work in the ACHD ROW. 5. Design roadway repair of Ten Mile Road where impacted from trunk sewers. Repair shall be limited to existing pavement widths and construction access within existing ROW's. Design shall not include considerations with roadway drainage, ultimate road width or alignment. 6. Perform design drafting in AutoCAD 2005 of the construction plans which will include project title blocks, City standard notes, vicinity maps, sheet indexes, north arrows, bar scales, topography, pipe size, type, slope, invert eleyations, ground surface eleyations, surface repair, boring details, property lines, easements, found monuments and property corners, land ownerships, survey control, pay limits, special details necessary for a biddable product. Drafting shall be completed on 22"x34" mylars, ANSI standard size "0" sheets. To the extent practicable, the 2002 City of Meridian Standard Specifications and Drawings for Construction will be utilized in the design. 7. Submit 60% complete plans to the City for review and comment. 2. Final Desien and Construction Plans 1. Prepare 90% complete construction plans and contract documents. 2. Prepare technical specifications in accordance with the 2005 Edition of the Idaho Standard Public Works Construction (ISPWC) format, and City Standard Specifications and Drawings. J-U-B shall be responsible for preparing special provisions necessary for the project. 3. Submit four (4) sets to the City for review. 4. Provide estimate of probable construction cost. 5. Meet with City and incorporate review comments, 6. Prepare 90% complete construction plans and technical specifications for City review and for agency review and approyals. Proyide an estimate of probable construction cost. Meet with City and incorporate review comments. 7. Incorporate appropriate revisions as suggested by the City and reviewing agencies in the final set of plans and technical specifications. 8. Develop and issue to the City a final opinion of probable construction cost. 3. Constructabilftv Review and QA/QC Review 1. Complete in-house constructability reYiew and QA/QC review of the 90% complete construction plans and contract documents. Incorporate appropriate suggestions into project design. Task B - Aeency Coordination and Permittine 1. Aeencv Coordination and Permittine A. ACHD Coordination 1. A kickoff meeting will be held with the City and ACHD to establish acceptable corridors. This is anticipated to include: 1) Meeting with ACHD and obtain available construction plans and City of Meridian - Ten Mile Sewer Page.3 J-U-B ENGINEERS, Inc. Attachment 'B' - 10-05-077 pertinent design information for the Ten Mile Road widening project and associated Ten Mile Creek bridge construction. 2. At completion of 60% design plans will be submitted to ACHD for reyiew and comment. Pertinent comments will be submitted. 3. 90% complete plans and technical specifications will be submitted to ACHD for reyiew and comment. B. Drainage/Irrigation District Coordination and Permitting 1. Permitting with Nampa-Meridian Irrigation District (NMID) will be required. J-U-B will prepare one(1) license agreement will be required under Ten Mile Creek at Ten Mile Road. JUB will prepare the necessary License agreement applications, legal descriptions and exhibits. C. USCOE 404 Coordination and Permitting 1. This task encompass the permitting of a bored crossings of Ten Mile Creek which is under the jurisdiction of the U.S. Army Corps of Engineers(USACE). A Nationwide 12 404 permit is will be prepared and submitted to the U5ACE. 2. The crossing will be completed in the Ten Mile Road ROW. No wetlands will be impacted. 3, A legal description, exhibit, and easement document will be prepared and submitted to the Idaho Department of Lands(lDL) for processing (if required). 4. Final design and construction documents will include permit proyisions. C. IDEQ Submittal Packages 1. J-U-B shall coordinate, prepare, and submit final construction plans, specifications, and checklists for approval to the Idaho Department of Environmental (IDEQ. 2. Incorporate applicable IDEQ review comments into the construction plans and specifications. City of Meridian - Ten Mile Sewer Page.4 j-U-B ENGINEERS, Inc. Attachment 'C' - 10-05-077 CITY OF MERIDIAN TEN MILE SEWER ATTACHMENT "c" - ITEMS PROVIDED BY THE CITY 1, Provide on-going review of J-U-B's work and timely considerations of policy is sues with in a time acceptable to the City and J-U-B. 2. Copies of development plans, concept plans, preliminary plats, etc. as ayailable in the project area, 3. Pay for aU permits, fees, or other payment required to secure permitting for the design and construction of the proposed improvements. 4. Record drawings of City facilities and other releyant City information of record in project area. 5. Provide a agency/private development liaison/contact person. City of Meridian - Ten Mile Sewer Page- I J-U-B ENGINEERS, Inc. Attachment '0' - 10-05-077 CITY OF MERIDIAN TEN MILE SEWER ATTACHMENT "0" - FEE SCHEDULE Basis of Fee and Billim;! Schedule The City shall pay J-U-B for its services and reimbursable expenses as follows. A detailed labor and equipment is presented in Exhibit" A-1": Task A - Trunk Sewer Preliminary and Final Design · Task A - Trunk Sewer lump sum price...................................................................... ............. $13,305 Task B - Agency Coordination and Permitting · Tasks B - Agency Coordination and Permitting Time and material basis with an estimated budget of ....................................... $5,760 City of Meridian - Ten Mile Sewer Page - I ~~ Ii I I I ~ I I I I I I I I I I I I I I I ~ I ... M i5g if. if. if. a I~I i ~r~ ~IN~n I I~I~I~ !I~f I 0010 ~rr O~I I J~ ! .......... W;i:~(.I} .,.: f;flb9tf.1- ...... J I I a I I I a I a a .: ~Jli ~I~ r I I I I a a I a do ~ ~!I; I I~ I ~ I I a I ) ! a I 0 00 I~ I 1 I I I a ci ci 0 ci 0 II~. 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I a ~ ~ l~ ~ ci I ci I ci 0- I-' Id ~ w 0 ,...: ~. ~;II~:JJf a ~.~ .~ (j)UJ J ~~lilffi:;~' dd ci dt\! 0 ~ J m~I';!;]~ 00 cidci ci I I I I a g I~ ji !~ ii Ilii ~ E ~& 8~ :g ~ ~~ !~ j~l ~~-5 I~t=: ~~~ ~ il 0.0.'" ~ d:d:~ ~ ml I I I July 8, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT July 12,2005 ITEM NO. 5-G REQUEST Agreement for Water Operator Disinfection Training with Brown Environmentat 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 ~<F Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publiC meetIngs shall become property of the City of Meridian. CitY of Meridian Public Wol"k:s Dept. JUl 0 5 2005 Memo City Of Meridian City Clerk Office To: Mayor De Weerd & City Council From: Brad Watson, P.E. CC: File, City Clerk Date: 7/5/05 Re: July 12, 2005 City Council Meeting Agenda Items The Public Works Department requests that the items below be considered on the July 12 City Council agenda, on the Consent Agenda, for Council's consideration. Water Ooerator Disinfection Trainina - Brown Environmental Inc. We propose to provide disinfection/chlorination training for the water operators, which they have not had to date. The majority of the City's wells are currently chlorinated. The attached letter agreement describes in detail the proposed training. Recommended Council Action: Approve agreement with Brown Environmental, Inc., in the time-and-materials, not-to-exceed, amount of $2,000, for the Water Operator Disinfection Training and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 : ROWN NVIRONMENTAL, INC. SoluOons and Train;ng 25 Wall Street. Nampa, Idaho. 83651 . (208) 465-5725 June 13,2005 Mr. Rick Clinton, Water Superintendent City of Meridian 2235 8th St. Meridian, Idaho 83642 RE: One-Day On-site Operator Training Dear Rick: Thank you for the opportunity to present this proposal to assist you in training for your operators. The workshop content will cover the topic, Disinfection. The theory of how chlorine reacts with water will be covered. The City's well data will be utilized to discuss the variations of water quality in the Meridian distribution system and the effects on chlorination. Sampling, testing for free chlorine residual and chlorine math will be included. We have contacted the Idaho Bureau of Occupational Licenses and are prepared to submit for continuing education units (CEUs) for students that attend. As per your request, there will be two workshops dates, so that staff can be scheduled to attend. Classes would be 6 hours it) length and begin at a time that you request. The following dates could be scheduled to accommodate your request: August 9 and August 11 Cost of delivery of the training and materials will not exceed $2,000. This price includes labor, printing, and out-of-pocket expenses. Should you require assistance with tasks beyond those proposed herein, the budget can be adjusted by mutual agreement. I appreciate your consideration of this proposal and look forward to working with you. Should you have questions, please feel free to call me at (208) 465-5725. Please sign and return one copy to me. Thank you. Very truly yours, Brown Environmental, Inc. City of Meridian Signature Tammy de WeeI'd, Mayor ~7f'~ Attest: Patricia Brown, President William G. Berg, Jr., City Clerk Date Approved By Council: July 8,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT July 12,2005 ITEM NO. 5-H REQUEST Temporary License and Maintenance Agreement for Jabil Soccer Fields 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: SmLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Agreement nf~ Contacted: Emaifed: Date: Staff Initials: Phone: MaterIals presented at public meetings shall become property of the City of Meridian. TEMPORARY LICENSE AND MAINTENANCE AGREEMENT THIS AGREEMENT made and entered into this 1211'"'\ day of J u..Lu 2005, by and between Central Street Joint Venture, hereinafter called "Central", and the City of Meridian, an Idaho Municipal Corporation, hereinafter called "City". WHEREAS, City and Central desire to cooperate to improve recreation opportunities for the residents of Meridian and Western Ada County; and WHEREAS, Central owns a parcel of property located at 915 East Central Drive in Meridian currently developed with a parking lot and two soccer fields. WHEREAS, Central desires to make the soccer fields available for use by soccer organizations for scheduled play until such time as the parcel is needed by Central for other purposes. WHEREAS, Central is willing, upon certain terms and conditions, to provide non- exclusive, temporary use of a designated portion of the property for the purposes stated herein for a period of time defined within this Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. GRANT OF TEMPORARY LICENSE For and in consideration of promises contained herein, and other good and valuable consideration, Central hereby gives and grants to City the non-exclusive right, privilege and license to use a portion of certain real property, located at 915 East Central Drive, Meridian, Idaho, and legally described as a portion of lot 2, block 1 of the Jabil Subdivision. The portions of the property subject to this agreement are designated as "parking" and "fields" and are generally depicted on Exhibit "A (collectively referred to herein as the "licensed premises"). The portion of the property designated as "remainder" is not subject to this agreement. 2. TERM OF AGREEMENT This temporary license is granted for an initial term to begin upon the date of execution and expiring on December 31 SI 2005.This agreement shall automatically renew in increments of one (1) calendar year until otherwise terminated by either party according to the termination provisions contained herein. Temporary License and Maintenance Agreement - I - 3. USE OF LICENSED PREMISES City's use of the licensed premises shall be limited to making the fields available for practice and matches by organized soccer organizations. To facilitate this approved use, City shall be the designated contact for scheduling the use of the fields. The existing signs declaring the property to be in the ownership of Central shall remain, but City shall be required to prepare and post at its expense a weatherproof applique to each sign declaring the City as the contact for scheduling of field use and providing the appropriate City telephone contact information. The use of the parking lot shall be allowed as an incidental use - associated with registered users of the fields. No other use of the fields or parking shall be allowed unless otherwise approved in writing by Central. 4. MAINTENANCE OF FIELDS AND LANDSCAPE MEDIANS IN PARKING LOT City shall maintain the fields and parking lot landscape medians at its sole cost and expense during the term of this agreement. Maintenance shall include irrigating, mowing, fertilizing, and weed control to the standard of other City- maintained properties. City agrees to perform routine maintenance on the irrigation pump and irrigation delivery system, including the replacement of broken or damaged heads, pipes, and valves. City's commitment to replace broken or damaged heads, pipes, and valves shall be limited to One Thousand Dollars ($ I ,000.00) during any single calendar year. Repairs exceeding this cumulative dollar amount in one calendar year shall be considered a catastrophic failure of the system, entitling City to terminate this agreement pursuant to section 7(B). Central agrees to pay all costs associated with delivery of the irrigation water, including but not limited to electricity and ditch fees or assessments. 5. EXCLUSIONS FROM CITY'S MAINTENANCE OBLIGATIONS A. PARKING LOT: Except for the maintenance of landscape medians as described in section 4 of this agreement, City shall not be responsible for maintenance or repair of any other portion of the parking area, including but not limited to asphalt, subsurface, curbs, and paint striping. B. IRRIGATION SYSTEM: Except for routine maintenance of the irrigation pump and delivery system as described in section 4 of this agreement, City shall not be responsible for other maintenance or repairs of the irrigation system. Likewise, Central has the right to refuse to repair the irrigation pump and delivery system, in which case this agreement may be terminated pursuant to Section 7(B) below. Temporary License and Maintenance Agreement - 2- C. REPAIR OR RESTORATION OF PREMISES: City shall not be responsible for restoration or repair of the licensed premises necessitated by damage due to fire, acts of vandalism, or acts of God. D. REMAINDER: The portion of Central's property identified as "remainder" and generally depicted in Exhibit "A" is not part of the licensed premises. City shall not be responsible for maintaining any portion of the "remainder." 6. INDEMNIFICA TION AND INSURANCE City hereby agrees to indemnify and hold Central harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the maintenance, use, and occupancy of the licensed premises by City, its agents, employees, guests or business invitees attending or participating in any scheduled event. If any claim, suit or action is filed against Central for any loss or claim described in this paragraph, City shall defend Central and assume all costs, including attorney's fees, associated with the defense or resolution thereof, however Central shall not be relieved hereby from liability for its own negligent or willful act or omission or that of its employees. In addition, City shall maintain, and specifically agrees to maintain throughout the term of this Agreement, liability insurance in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code, and such amount shall be deemed to be the limit of City's covenant to indemnify and save and hold harmless Central. In the event the insurance minimums of the Idaho Tort claims Act are changed, City shall immediately submit Proof of Compliance with the changed limits. 7. TERMINATION A. TERMINATION FOR CONVENIENCE: Either party may terminate this agreement for any reason upon sixty (60) day written notice. B. TERMINATION UPON LOSS OF IRRIGATION SOURCE: In the event that the existing surface irrigation water source is discontinued or the irrigation system is otherwise made unusable for any reason (including but not limited to a catastrophic failure of the irrigation system), City or Central may elect to immediately terminate this agreement upon notice to the other party. C. TERM:INATION UPON CITY'S DEFAULT: If City is in breach or default of any terms, covenants, or conditions of this Agreement and fails or refuses to cure such breach or default within ten (10) days of written notice thereof, this Agreement, and all rights of City conferred by this Agreement, at Central's option, may be deemed terminated and forfeited without further notice or demand. Temporary License and Maintenance Agreement - 3 - 8. ASSIGNMENT OR TRANSFER City shall not assign, sublet or transfer the licensed premises, or any portion thereof, or cause or suffer any alterations thereto, other than as specified in this Agreement, without the express written consent of Central. 9. NOTICES A. All notices to be given with respect to this Agreement shall be in writing addressed as follows: To Central: Bradley E. Miller Van Auker Properties 3084 East Lanark Meridian, ID 83642 To City: City of Meridian Director, Parks and Recreation Dept. 11 West Bower Street Meridian, ID 83642 With a copy to: City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83642 B. Notice shall be either delivered or sent by certified mail, postage prepaid, return receipt requested to the party to be notified at the address specified above, or such other address as either party may designate in writing. Every notice shall be deemed to have been given at the time it is deposited in the United States mail, or upon delivery to the party above specified, or their agent or legal representative. 10. CONDITION OF LICENSED PREMISES City acknowledges that City has inspected the licensed premises and does hereby accept the licensed premises as being in good and satisfactory order, condition, and repair. City agrees that upon termination of this Agreement, City shall surrender the licensed premises to Central in the same good condition as received, reasonable wear and tear, damages by fire, acts of vandalism, or act of God exempted. Temporary License and Maintenance Agreement - 4- 11. APPROVAL BY CITY COUNCIL REQUIRED This Agreement shall not be effective for any purpose whatsoever until it is approved by the resolution of the City Council and executed by the Mayor. IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first above written. CITY OF MERIDIAN Temporary License and Maintenance Agreement .5- EXHIBIT "A" Temporary License and Maintenance Agreement - 6- July 8,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT July 12, 2005 ITEM NO. 5-J REQUEST Resolution - Ratifying the City of Meridian Planning and Zoning Commission's Decision to Approve a Street Name Change from Fireweed Drive to Orso Drive AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Resolution ~vV Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN RESOLUTION NO. tJ b - 1-11 BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE A RESOLUTION RATIFYING THE CITY OF MERIDIAN PLANNING AND ZONING COMMISSION DECISION TO APPROVE A STREET NAME CHANGE FROM FIREWEED DRIVE TO ORSO DRIVE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS) the applicant for the development Strada Belissima had requested a name change for the street, Fireweed Drive) a street that connects from an adjoining residential subdivision into the applicant's property, to be changed to Orso Drive for the entire street; and WHEREAS, the Ada County Street Name Committee has agreed to the name change; and WHEREAS, no affected parties have obj ected to the name change; and WHEREAS) the City of Meridian Planning and Zoning Commission on July 7) 2005 considered the requested change pursuant to Meridian City Code 8-2-5(D); and NOW THERE~ORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Planning and Zoning Commission has recommended the approval of the name change pursuant to the authority of the Meridian City Code 8-2- SeD). Section 2. That the City Council hereby ratifies the recommendation of the Planning and Zoning Commission and authorizes the change of street name from Fireweed Drive to Orso Drive. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council ofthe City of Meridian) Idaho) this / 2, ~ day of J t/LL:; ,2005. Street Name Change from Fireweed Drive to Orso Drive Page 1 of2 /2i~ APPROVED by the Mayor of the City of Meridian, Idaho, this day of cTM1 ,2005. - (/ ~~: I~. - A ~ ~ l : C TY CLERIC ~ ff- 1 ~~ Street Name Change from Fireweed Drive to Orso Drive Page 2 of2 July 8,2005 MERIDIAN CITY COUNCil MEETING APPLICANT July 12,2005 ITEM NO. 5-K REQUEST Agreement for Water Department Building Study with BRS Architects 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 ~vU 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: Brad Watson, P .E. CC: File, City Clerk Date: 717/05 Re: July 12, 2005 City Council Meeting Agenda Items The Public Works Department requests that the items below be considered on the July 12 City Council agenda, on the Consent Agenda, for Council's consideration. Water Department Buildino Study - BRS Architects. This agreement includes three tasks: 1) 2) 3) Determine necessary upgrades and associated costs to existing building including ADA compliance, reproofing costs, HV AC system longevity & energy survey. ($4,000) Refine the four new building site option layouts. ($1,000) Estimate demolition costs for existing building, if ultimately necessary. ($500) A copy of the proposed agreement follows. These tasks are necessary to more specifically determine the scope of the main building project and answer questions that Mayor and Council had earlier this year. All figures are lump sum amounts. Recommended Council Action: Approve agreement with BRS Architects, in the lump sum amount of $5,500, for the Water Department Building Study and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. p .. Page 1 . = AlA Document 8141'" -1997 Part 1 S:t,!mdard Form of Agreement Between Owner and Architect WitR Standard Form of Architect's Services This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Two Thousand and Five (2796454213) j Task #2: r:'TaSfC#3: . Building location options on tbe existin!l site. as well as on the adiacent citv park acrea!le. BRS Architects will Dro:vide (4) site option sketches. Estimated demolition cost for the existina office building and shop. BRS Architects will provide a demolition cost estimate. T~&Owner and Architect agree as follows: AlA Document 8141™ -1997 Part 1. Capyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The ~~:~~~a~rl~:~t~~~~~:~~~:~enc~; d~~t~;~~:~o~e~~~~~:A~f~~I~u~ ~n~~so~~~: ~~~t~:e~; lit~ ~:~~~~~t~~ ~~~~;:~r~jlgah~dL~~~~~II~l:~~ ~:~~~~n1J~~::e;~ prosecuted to' the maximum extent possible under the law. This document was praduced by AlA saftware at 14:28:02 an 07/07/2005 under Order Na.1000179014_1 which expires an 8/12/2006, and is not for resale. User Nates: (2796454213) I.. ^RT1Cb.e 1.1 I~JlTl^b.I~jF-ORM^TlON . ART'fOLE1.1 fNfTIALlNFORMATION 9 ~;f.1''Tllis Agreement is based on the following information and assumptions. (Notethedispositionfor the following items by inserting the requested information or a statement such as "not applicable," "unknown at time of execution" or )0 be detennined later by mutual agreement. ") or other pertinent information, such as geotechnical ades need to be installed and what these estimated costs would be. including, if appropriate, land surveys and legal descriptions and restrictions abet fElr tBe PrejeGt, iaGII:lEliRb tHe ^.rehitest's GSffiflBnsatisR, is: durations or fast track scheduling.) or construction management.) environmental or historic preservation AlA Document B141'" -1997 Part 1. Copyright @1917, 1926, 1948, 1951, 1953, 1958, 1961,1963,1966,1967,1970, 1974,1977,1987 and 1997 by The ~~:~it~a~ri~:~t~~~~~:~~~li~~~~ d~~t~;g~:~o~e~~~~~:A~t~~I~~~~~So:~~: ~~~t~:e~; ii~ ~~~~~~~[t~~ ~~~~~:~~llgah~dL~~~~I~~I~~~~~:~~~~n:::::e;~ prosecuted to the maximum extent possible under the iaw. This document was produced by AlA software a114:28:02 on 07/0712005 under Order NO.1000179014_1 which expires on 811212006, end is nol for resale. User Notes: (2796454213) ,.1. ~yJ~~:~~;:,:f~:bli' Wocb (:i08~898-5500 9)t.1';}:2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review thec:Architect's submittals to the Owner are: !!. 410 S. Orchard Suite 184, Boise. ill 83705 'n Lane Suite 175 Boise. ill 83704 team, AlA Document B141"M -1997 Part 1. Copyright @ 1917, 1926, 1946, 1951, 1953, 1956, 1961,1963, 1966, 1967, 1970, 1974, 1977, 1967 and 1997 by The ~~:~i~ha~rl~:~t~~~~~:~:!~enC~; d~~I~:g~:~o~e~~~~~:A;: f~~~~:n~~so~~~: ~~~t~:;:,e~: I~ ~:~~~~~l~~ ~~~~;eO~r~ilg:~dL~~r::i~~;~:'~~~:~:~~n:r~~::e:; prosecuted to the maximum extent possIble under the law. This documenl was produced by AlA software at 14:26:02 on 07/07/2005 under Order No.1000179014_1 which expires on 6/12/2006, and is not for resale. User Noles: (2796454213) S 1.2.2 OWNER S 1.2.2.1. Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely mariner regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within 150ays after receipt of a written request, information necessary and relevant for the Architect to evaluate, give no'tice Df or enforce lien rights. erx.itifF performed as expeditiously as is consistent with professional skill and care of,tlle~rsject. The Architect shall submit for the Owner's approval a schedule for the chitet;:V . '-~ hich initially shall be consistent with the time periods established in . , if necessary, as the Project proceeds. This schedule shall include d for the Owner's review, for the performance of the Owner's consultants, and orities having jurisdiction over the Project. Time limits established by tills all not, except for reasonable cause, be exceeded by the Architect or Owner. 1.1.3 shall be authorized to act on the AlA Document B141™ -1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA~' Document is protected by U.S. Copyright Law and InternalionalTreaties. Unauthorized reproduction or distribution of Ihis AIAf; Document. or any portion 01 iI, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extenl possible under the law. This document was produced by AlA software at 14:28:02 on 07/07/2005 under Order No.1 000 179014_1 which expires on 8/12/2006, and is not for resale. User Notes: (2796454213) S 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. 9;1'.2\3;7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware'Of any errors, omissions or inconsistencies in such services or information. S 1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form. or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such AlA Document B14P" -'997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967,1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and lnternallonal Treaties. Unauthorized reproduction or distribution otthis AlA'" Document, or any portion of ii, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14;28:02 on 07/07/2005 under Order ~~~rO~~::;:014_1 which expires on 8/12/2006, and is not for [ssale. (2796454213) Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement ctions or approvals given by the Owner that necessitate revisions in Instruments vision of codes, laws or regulations or official interpretations which necessitate .~ .. 1 Y prepared Instruments of Service; er not rendered in a timely manner; n the Project including, but not limited to, size, quality, complexity, the Owner's or procurement method; nee on the part of the Owner or the Owner's consultants or contractors; AlA Document 81417. -1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963,1966,1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and InternaHonal Treatles. Unauthorized reproduction or distribution of this AIA* DOCUment, or any parlion of II, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 14:28:02 on 07/07/2005 under Order No.1000179014_1 which expires on 8/12/2006, and is not for resale. User Notes: (2796454213) arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. gtS:.S:3" A demand for arbitration shall be made within a reasonable time after tbe claim, dispute or other matter in quesfioIl'bas arisen, In no event shall the demand for arbitration be made after the date when institution ofIegal or equitable proceedings based on such claim, dispute or otber matter in question would be barred by tbe applicable Stitute;of limitations. the arbitrator or arbitrators shall be final, and judgment may b~ entered upon it in in any court having jurisdiction thereof " TIAL DAMAGES ~'Ve consequential damages for claims, disputes or other matters in question arising 'nt. This mutual waiver is applicable, without limitation, to all consequential 'nation in accordance with Section 1.3.8. 'es to this Agreement pertaining to acts or failures to act shall be deemed s of limitations shall commence to nm not later than either the date of AlA Document 8141™ -1997 Part 1. Copyright @ 1917, 1926, 1948, 195J, 1953, 1958, 1961, 1963,1966,1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduclfon or distribution of this AIAl' Document, or any portion of If, may result in severe civil and criminal penalties, and wiil be prosecuted to lhe maximum extent possible under the law. This document was produced by AlA software at 14:28:02 on 07f07f2005 under Order No.1000179014_1 which expires on 8/12/2006, and is nol for resale. User Notes: (2796454213) the specific information considered by the Owner to be coufidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. 91.3~.7,8,II the Owner requests the Architect to execute certificates, the proposed language of such certificates shall besubrnitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the 'scdpeof this Agreement. written notice. TO THE ARCHITECT . '_,' _, on account of services rendered and for Reimbursable Expenses incurred shall be made monthly r5~:#N~~i~'p of the Architect's statement of services. No deductions shall be made from the Architect's 'safibi:Qii~account of penalty, liquidated damages or other sums whhheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. AlA Document B141™ -1997 Part 1. Copyright @ 1917, 1926, 1948, 1951. 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 byThe American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and Internationai Treaties. Unauthorized reproduction or distribution of this A1A<l> Document.. or any portion of it, may resuit in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software aI14:28:02 on 07/07/2005 under Order No.1000179014_1 which expires on 8/12/2006, and is not for resale. User Notas: (2796454213) S 1.3.9.2 Reimbursable. Expenses are in addition to compensation for the Architect's services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the fcnawing Clauses: transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; is defined as the direct salaries of the. Architect's personnel engaged on the of their mandatory and customary contributions and benefits related thereto, such tutory employee benefits, insurance, sick leave, holidays, vacations, employee .bu1lons. ..ES AND OTHER SPECIAL TERMS AND CONDITIONS the Agreement. This Agreement represents the entire and integrated agreement chitect and supersedes all prior negotiations, representations or agreements, either nt may be amended only by written instrument signed by both Owner and Architect. .documents listed below. Task #1: $ 4.000.00 Task #2: $ LOOO.OO Task #3: $ 500.00 AlA Document B141"M - 1997 Part 1. Copyright @ 1917, 1926, t 94B, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The C~:~~ch~rl~:~l~~~~~:~~~~:~~~ d~~t~:g~:~o~e~~;~~:A:1i':r~u~:n~~so~~~: ~~~~:e~::~ ~:~~~~~j~~ ~~~'e;eo~r~i?:~;~~'::~~I~~~~~:~Os~~ln~~~;:~~ 10 prosecuted to the maximum extenl possible under the law. This document was produced by AlA software at 14:28:02 on 07107/2005 under Order NO.1 000179014_1 which expires on 8/12/2006, and is not for resale. User Notes: (2796454213) I Total: $5.500.00 .,' ~ti1?ulated Sum of five thousand. five hundred dollars ($5.500.001 to be billed on a nercenta2:e of comnletion ner bil1in6- cvcle. . time will be charged at the current hourI rates for each individual. or as a ( .L1..Q ) times the ing. renderin s ublie or rivate agenc fees travel at and commercial travel will be billed at 1.10 times the ex ense incurred. ARCHITECT 8/.25 ~~5 AlA Document 8141'" -1997 Parl1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The ~~:~;ha~r;~:~l~~~~~:~~~ii~e~~~ d~~I~:g~:~o~e~~~~~:A~:~~I~u~:~~so~~~: ~~~~:e~: i~ ~r~;er~~~I~~ ~~~'e;:~r:l\gah~dL~~~I~~II~t:~~~:~~~~nT:~::e~~ 11 prosecuted to the maximum extent possible under the law. This document was produced by AlA software aI14:28:02 on 07/07/2005 under Order No.1000179014_1 which expires on 8/12/2006, and is notforresale. User Notes: (2796454213) A-; (Signature) (Signature) Tim Terrv. Presid nt (Printed name and title) ,(Piinted;bame and title) AlA Document B141™ -1997 Parl1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The ~~:~~ch~ri~:~t~~~~;:~~~ii;e~~~ ~~t~~~~:~o~e~~~~~:A:1t~~r~u~~~~So~~~: ~~~I~:::,e~: i~ ::~:~~~~t~~ ~~:~;:~~iI9ah~dL~~~~~~II~~~~~;:~~nT:~~~:e:~ 12 prosecuted to the maximum extent possible under lhe law. This document was produced by AlA software at 14:28:02 on 07/07/2005 under Order No.l000179014_1 which expires on 8/12/2006, and is not for resale. - User Noles: (2796454213) Certification of Document's Authenticity AIJW~ EY6cument D401™ - 2003 1 000179014_1 from AlA Document D401T~ - 2003. Copyright@1992and 2003 by The American Institute of Architects. All righls reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties.. Unauthorized reproduction or dlstrjbulion of this AlA'" Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible underlhe law. This document was produced by AlA software at 14:28:02 on 07f07/2005 under Order No.1000179014_1 which expires on 8/12/2006, and is not for resale. User Notes: (2796454213) July 8,2005 Department Reports MERIDIAN CITY COUNCIL MEETING July 12, 2005 APPLICANT Fire Department - Ron Anderson ITEM NO. 6-A~ 1 REQUEST Update on Results of Fire Station No.4 Bids with the Meridian Rurual Fire Protection District 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 ror/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. S 0... o ~~ ;;:!l.rl ~ .~ng ~ =g ~ ~ ~;:: rJ ~ ~ ~ ~ ~ ~ U UE-< ~ S 23 ~ ~ ~ ~ p ~ 00 ~ ~ ~ iZl -= o =: ~ 0 o 00 ~ ~ ~ ;S 00 d.l .. S = .:S 0 ,",,0 'C r-..: d.lN ~3 ~.... ~u ~~ ="00 u~~ ~~i <ll Q 0 Ao:N~ d ~~ = 0 .S~ ~~o I-<O.c o U C<j ~i~ ~~ .~ .....N~ .c ~ U:~ ~8~~ ~! E'iZ> ~E ~ o iZ> 'tl ~~~ ~~: '-'f"J~ c o ~~ ,g =..c C<j 8"g:::l ~~.~ ~~~ ~o ZZ E-<E-< uu g:g: o 0 ~ ~ t:l.. t:l.. p:: o E-< U ;Z E-< Z o u ~'I~I ~{ \\~~~ ~ ~ I ......... ~ \ ~\ " ~ ~ ~~ '\ \ ~ t5\ ~ ~ ~ '- 'II:: ~ iZ> Z f;:.;:l U ~ ~ o ~ u I~ ~ ~ 0 E-< ~ Z ~ Ao: ~ ;;J < 0 < ~ ~ ~ ~ ~ ~ I! ~ J ~~ j 1 j i ~~~J ~ iZ> S:0 u;~ ;Zo~ ~~~ o~~ I~ ~ Ao: (J)~ I, I ~ 1 ~il~ ~~~J ~ U S ~ ~ 5i I~ ~ ~ << Ao: CI:l a ~ I I ~\ ~' ~ ~' .~ ~ ~ f-< ~ ~ II: tI) o z ~ o u ~ ~ ~ rJJ ~ tI) o ,Q.; o ~ ~ "t:l ~ Q ~ ~ bJJ ~ ~ ;9 = o rJJ '<:t' ::tl:: := ~ .5 (I) ~ l-. 1Z = :98 '5 ~ ~~ ~o z Z f--< f--< U U e::e:: 00 ~~ C4P-< s p.. o ~~ ;Ql.fI mn8 ......<"'1. '1j >. 'g ""5 ~~ ,;l ~. ~~ t~ ~ ~~ ~~ U f--< o < .....:l Cl "C = ~ 0 i~ ~ ~ ~~r.ld' ~8~~ ~]~ ] ~~ 5~~ r.n 0 N...-I,J:; ~t'-~ r:n~;S w- ~ ~i f ~ ~ ~ o ~ U g Z o u ~\ ~\ ~~l 1\:1 ~ ~ ~ ~ ~~ ~~ " ~\ ~\ ~ ~. \\.. ~ ........."" \ ~ \. ~ ~ ~ ~ ~ ~ -.......: ~\ ~\ ~' ~ t-....IN\ ~....... ~ '\ ~ C'--. t'{'\ .......~ ~ '-. :u: ~ ~ ~ u ::3 ~ 0 ~ ~ 0 Z ~ :;1 ~ c; ~ ..... ;3 0 ~ ~ u u z ~ ~ ::3 ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~ ~ ~ ~ ~ l ~ ~~~~~ ~~ '" \} ~~~~ ~ ~ f' ::: ~ ~ ~ ~ '-! ~ \.\ ~ ~ ~ 't ~ ~ ~ ~~ ~1Jl ~'t~~ ~ r:n ~:~ ~~~ ~s:S ~ 8~~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ r.. @001 JUL 0 1 2005 ~B Architects and Planners, Chartered 565 West Myrtle Slreet, Suite 225 Boise Id 83702 (208) 345.8872 Fax (20&) 343-7162 City Of Meridian City Clerk Office FACSIMILE COVER SHEET DATE: July 8,2005 TO: Will Berg FAX: 888-4218 FROM~ Danny PROJECT NAME: -Meridian Fire ,JOB NO. 0427 SUBJECT: Bid Results Number of pages including cover sheet: 4 If the total Dumber of pages are not received, please advise us as soon as possible. Hard Copy Will JXI Will Not 0 Follow Message: I 7/8/2005 c:\projecls\proj-#\filename.doc JUl. I/lR ' Ole::: 1?~ l/lh: Arehlt<:CIS ~nd Plnnne",_ Charle"ed 1iUl.oma.c; Ml. Zab3]a, AlA Art!mr MI. A!!>!l.mlS'f!, AnA M1kh:'lel G. Simmonc~s, AM Steven C. Tumey, AlA Meml>el's Americ:m Institute of Architcct~ $(iS W. MYI1:le St"eet, SUite 225 aui~c, luahu lB702-760b (lOll) .l4s.11Sn F~x (208) 343-7162 c:-m3i1: 7S3~7gll.com E~l;.ll.llished 1973 JUL 08 '05 12:06 @]002 8 July 2005 Mr. Rich Greene, Chairman Meridian Rural Fire Protection District 540 East Franklin Road Meridian, Idaho 83642 Re: Meridian Fire Station No. Four - South Eagle Road Meridian, Idaho ZGA Job No. 0427.00 Dear Rich, Good moming. Attached find the following documents: 1. Original bid proposals from five (5) submitting contractors (l each)_ 2. Proposal Summary Recording Sheet (10 copies). The bids ale summarized as follows: Contractor Base Bid Alternate #1 Total EKC Construction, Inc. $1,025,991 $29,958 $1,055,949 Perkins Construction Inc. $1,054,000 $39,400 $1,093,400 RSCI $1,017,674 $33,134 $1,050,808 Don Young.Q9I!$j~_~.S_upply, Inc. $1,028,145 $_3..~,.~QQ._.. .~.L061,445 Valley Design & Construction, Inc. $1,058,000 $33,900 $1,091,900 We have examined all five (5) proposals for completeness and compliance with the bidding and contract documents. In our professional opinion it appears that all proposals are responsive and that the apparent low bidder is: RSCI 1854 East Lanark St. Meridian, Idaho 83642 Based upon the design documents ZGA's estimate of probable construction cost for <<bricks and mortar" (exclusive of costs for land, architect/engineer fees, and furniture fixtures and equipment) was in the range of $725,000 - $983,000. We believe the bids received yesterday reflect the impacts of bidding at this time of the year, an overhe.ated construction environment in the valley, market place impacts on materials such as cement, dryvrall, steel, fuel and equipment costs. and a 1.68 acre site which is 32,260 sq. ft. larger than your previous site at Locust Grove. Depending on the availability of funds we are recommend.illg that the Meridian Rural Fire Protection District award the contract for oonstruction JUL 08 '05 12: 07 @003 Mr. Rich Greene, Chairman 8 July 2005 Page 2 of the referenced project to RSCr in the amount of the base bid of $1,017,674 and altemate number one in the amount of$33,134 for a total contract price of $1,050,808. It is our Wlderstanding that the City of Meridian will reimburse the District for the cost of alternate -number one, the development of the City's fonnerwell site. If this meets with your approval we will draft the following documents for your use: 1. Notice of AW3rd. 2. Notice to Progeed. 3. Standard Form of Agreement Between Owner and Contractor, AlA Document Al 01 - 1997 with attachments. ZGA is looking forward to the construction phase and the completion of this next step in improved fire and public safety facilities for the Meridian Rural Fire Protection District and the City of Meridian. Contact me with any questions or additional infonnat1on required. Very truly yours, ZOA Arclritects and Planners, Chartered Thomas M. Zabala, AlA TMZ:ss Cc: Job FiletDiv. A Ron Anderson & Kenny BowerslMFD Will Berg/City of Meridian Joe Canning/B & A Engineers Paul NorbergtHarvest Design Steve Call/Call Engineering Charles PauJinIMusgrove Engineering K~ Lechtenberg/Synergy Engineering s 5 ~~ ::sv) -- ~ .~ ~ ~ :g ~ ~ ~;:: ~ ~ ~ ~ ~ ~ ~ u () ~ ~ 30 ~ I ! ;a r2 l:/) ~ o ~ ~ l:/) ~ : ~ ~ 00 c:J loo ~ l::l :88 o i:: r--: ~~ JUL 08 ' 05 1?: VI? ,'<) ~ ~ ~ ~ \ti 8 o = u ~ ::: to ~ ~ ~ "l is ~~ ~ r> ~ ~ j o~~ M ~~ .5 ~ ~ 'g ~ ~~ g~ ~~~~ ;2:~~ __:Ho) ..,. ~ ~~ tlI'" ~~ .....r:o:l.=5 c.> ~ 'C ~l,tl<l.l oe..,.. '--- .... G:; ~ - ~~ bb E:)~ ~~ ~ e-< ~ ~ ~ o r..l ~ ~ 0 ~ I~ ~ ~ ~ c o :0 ~~ .@ ::: -= C\3 u~:s ~~.g ~~~ ~ .<- -< v.i ~ ~ ~ ~ N 8 M ~ ~ R ~ oJ \0 N 'ld: r:q rI) ;z; t1 :s ~ ~ ~ ~ < ~ u @ -= ~ ~ ~ ~ ~ E-< Z ~ ~ .... D ~ g ~E-<O ~ rn~~~ ~o~~ ~ A~~~ e5 ~~~~ ~ 10 o 0 o 0 o 0 ~ ~ sffi CF.t o d g o ci o 0 :i ~ ~~ o ~ g ~ ~ f:t ~;f ;; &';l- o o g ~ ~ ~ 0\ N ~ ~n ~ &;lo o o 0 ~ 0 ~ ~ ~ ~. w ~ @004 8 g T~ ---- ~ -- .~ ~ ~ lo~O 6 g '.E ~ ~ ~ ~4:gs~~c~~~2 ggg~:;:;"t:l ~1' ~U>'f ~ ~~-"'~8;gOilg...:.e~ ~-g g8~~t:2 ~~ ~ t;:; .; gg<~~~ '""'1 ::::::.. ~ r-< ~s .~ g ~ 0 u ~ 0- ~";j-8 .SQg'E~~~ rILe(: d ~ ~ tEl ~ g "-' ~ :: ~oo~8~ oO:;~l' cd'-' OJ~~~"'8]~ ~y~"r ~ ;:2136-'ugd,a;:;:;5~ ~ ~ ~u~~S@~ ~ ~ -< r-< f-tS .~ ~ ~ So&; 8 ~ ~ b .~ <.5 ~ ..s ~ >.~ ::;1gs~~cili:;~S g~~~13~~ ~~~"f ~ ~::!:or-/ U go. ~M a~ ~ ~ ~u~~:a ~~ Q:l 2, ~;::: ~:2 OJ:/::D' -s ~ ~ ~. E:C b-< u' .1::: co ~~ ~o go_~8 -.2 d r--- "5::; >. ~ ~~c~:;~3 ::0 ~""f ~ c) :> ""r 8gJ:~~~1 ~u\O::3~~:! -G ~-<""'e8 -< -< f-t,...... "~ ~ ~ st). ~ 8 j ~ q _.~ g ~ ..@ ; ~ ~ .g~~~~:B~ci1""r~~ VOlr'lV'l'"Q s::'I' ou>,- :;t :E~d-~8g~~~~~ ~ ~ ~u~~~ ~~ r:o C ~ ::; r-<~~ ~ ~~ ti~~ ~~CQ ~~~ u~e.. ~~ ~ rn ~ A:: ~ z ~ U) ~ e" ;z.; g ~ ~e ~;q <"'" ~~ p;.~ u ~ ~ r..l Ea E-r U ti) ....J r.l July 8, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT City Attorney - Bill Nary Department Reports July 12,2005 ITEM NO. 6-8-1 REQUEST Bids for Office Remodel at Farmers & Merchants Old Branch Building District 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 {}~ yvPrP41 /;lO 0 ' ~JL, (jPrJ aJ'l pi Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. July 8,2005 MERIDIAN CITY COUNCIL MEETING APPLICANT Mike and Gloria Urwin AZ 05-009 July 12,2005 ITEM NO. 25 REQUEST Ordinance - Request for Annexation and Zoning of 1.06 acres from RUT to L-O zones for Mike and Gloria Urwin - 2560 South 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: COMMENTS See attached Ordinance [\06 D~/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeHngs shall become property of the City of Meridian. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.e. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 05- II 66 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land known as 2560 S. Meridian Road, Lot 1 of Volkman Subdivision, City of Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 1.06 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 Idah2,....Avenue, Meridian, Idaho. This ord~ h~ll become effective on the /2-..f'!:: day of J~ ,2005." '''''', First Reading: 7 -- ( 2--- ---p 0' Adopted after first reading by suspensio YES~ NO_ Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 05- (/ 6 b 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- 1/ 6;; of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code ~ 50- 901A (3). iA DATED this U day of : (/ OL William L.M. Nary, ORDINANCE SUMMARY - AZ-05-009 - MIKE AND GLORIA URWIN Page 1 of1 July 8, 2005 MERIDIAN CITY COUNCIL MEETING APPLICANT July 12,2005 ITEM NO. 26 REQUEST Discussion on Proposed Morning Dove Subdivision locatedd north of Columbia Road and west of South Cloverdale 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 vJ0 c>>O~ Contacted: Emailed: Date: Staff Initials: Phone: Materlals presented at public meetings shall become property of the City of Meridian. Tara Green From: Brad Watson [watsonb@meridiancity.org] Sent: Friday, July OS, 2005 S:12 AM To: Tara Green; Jessica Johnson; Will Berg Subject: FW: Morning Dove Subdivision Follow Up Flag: Follow up Flag Status: Green Attachments: Layout to City 6-9-05.pdf I forgot yesterday that this particular item needs to be discussed with Council. Can we put this on next week's agenda? I apologize for missing the deadline yesterday. The title would be: Discussion of Proposed Morning Dove Subdivision Thanks, Brad From: Kerby Kirkham [mailto:kerby@thelandgroupinc.com] Sent: Monday, June 27, 2005 4:50 PM To: Brad Watson Subject: Morning Dove Subdivision Brad, Attached is a PDF of the site we are looking at located north of Colombia Road, approx 1/3 mile west of Cloverdale at the very southeast corner ofthe City of Meridian's referral area. Our client has also just purchased the property located between this site and Cloverdale road which lies within the Boise City area of impact. To the west of this site is Vantage Point Subdivision and to the east is the land our client just purchased as well as the Umpqua Subdivision which is in the Boise City Impact Area. To the northeast is the Boise Ranch Golf Course. We have previously done a feasibility study on the piece of land that our client just purchased at the northwest corner of Cloverdate and Colombia and there is sewer and water available to that site. Based upon our findings there, we assume with pretty high confidence that there would be sewer and water available for the site up on the hill as well. Because there is water and sewer right there, the best route for our client would be to go that route as he does not want to wait until the City of Meridian eventually brings sewer and water out that far, which could be quite a while as you are well aware. I will be gone next week so if we could meet by this Friday I would appreciate it. I am fairly open as far as times to meet right now so just let me know when you can. )fyou have any questions on this, please let me know. Thank you. Kerby Kirkham, P.E., Project Engineer 462 E. Shore Drive, Suite 100 7/8/2005 Eagle, ID 83616 ph. 208-939-4041 x114 fax 208-939-4445 email: kerby@thelandgroupinc.com 7/8/2005 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Annexation and Zoning of 43.18 Acres from RUT (Ada County) to R-8 (Medium Density Residential AND Preliminary Plat Approval of One Hundred-Sixty-Six (166) Single- Family Building Lots and Thirty-Seven (37) Other/Common/Park Lots AND Conditional Use Permit Approval for a Planned Development Consisting of Single-Family Homes with Reduced Minimum Lot Frontages and Reduced Minimum Lot Sizes, by Gemstar Development, LLC. Case No(s): AZ-05-007, PP-05-009, CUP-05-008 For the City Council Hearing Date of: July 12, 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 12, 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 on June 2,2005 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 ~~ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-007 / PP-OS-009/ CUP-OS-OOS- PAGE I of S 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 ofissuance of these findings are Rick L McKague, Douglas H. Killam, Lawrance and Gene Smith, Owen H. Garrett, Tom L. Dawson, with developer Gemstar Development, LLC. 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 ~ 11-17-9. 4. Due consideration has been given to the comrnent(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 July 12, 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 CUPIPD 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. C. Decision and Order CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ.OS-007 I PP-OS-D09 / CUP-DS-008- PAGE 2 of 5 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 June 12,2005 is hereby conditionally approved; 2. The applicant's Planned Development 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 Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval) acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an applica~ion for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) 2. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed CITY OF MERlDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-007 / PP.05-009/ CUP-05-008- PAGE 3 of 5 with the City Clerk not more than twenty-eight (28) days after the final decision conceming the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code g 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by 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 (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: Prelimin.ary Plat Findings Exhibit 1: CUP/PD Findings Buction ofthe City Council at its regular meeting held on the ;:}l 11th JL I \ I ~ ' 2005. day of COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED-wa- COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED-==- CITY OF MERlDJAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-007/ PP-OS-009 / CUP-OS-008- PAGE 4 of 5 ~ and City Attorney. By:,~(1~\\Q lY\. City Clerk's Office Dated: 'X- (-()c; CITY OF MERlDlAN FINDlNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-007 / PP-05-009/ CUP-05-008- PAGE 5 of 5 Exhibit A - Bellingham Park EXHIBIT A Bellingham Park Subdivision AZ-05-007 Legal Description (3 pages) IDAHO SURVEY GROUP Phone- (203~ iHft-~j5 n~ F~x Cog"! :iS4-S 1~'J Pti"lIc:(I Nu. Iq. Oll~ Bellingham ['ark Sulnlhisiun J hUll" ;,Iong ~lIil flgllll'l,\\,,\' rwuh 5'1'2.!'IY'I,:".!, 1~J7.jO kd, lhnl'" NMih pill'or3:\" Wesl, J.jIJ 11 hi In thd'.W jij(, ~"rn~l", Exhibit A - Bellingham Park I'W]lTI ;\" li~ Hid OF BFGI~!'IING. IDAHO SURVEY GROUP Rt'T to R.g Bdlingham Subdivision IIKII(~ :lliln~ "lid Ilrhl'll[.\\iiV North 5'1)4'15' Easl, hl):111 ket. I hi:I1(( KI\flh JliI'or)1" W(ol. 14'1 I:: kd In 111; C. W Ji]i, Climer. T1li:IICl' al,mg the /-::1'1' \i\"llIlilh;dtll!lIi~. S,'Hlh S9"jS'fjK" Fob!, !,fj'l.% 1(\'1 Then['~ 1\ollh i.'Y'oj(li2" W~'I, bl,)J,! fd II) tht SW 11th (Ofi!(f. ]lieIlC~ ;!Ioil~ the r.:bl line ofth" S!JlIH1\\-;;l I" ~lrlhe $oulhll\'\1 t, SIJurh fi(!nn~" /oJs!. 16j(1 Jtd. I hl'nu: Souli\liU'3(1'Uf' h:,L Im.52 fori fh'illdel'arlillg s:uil bL;! hlle Nllrrh 6'i41"02' IV;:,L \In Ib kd, h~iH~ f,d !f),ii\ilUlI ullth, W(\! hL(' (lflh~ ~Piilli\1c:.i Exhibit A - Bellingham Park 11. fw} PCII:~h EXHIBIT B Bellingham Park Subdivision PP-05-009 Approved Prelirnin~ry Plat EXHIBIT C Bellingham Park Subdivision CUP-05-008 Approved Site Plan APPROVED SITE PLAN AMENDED by Submittal dated 4/26/05 EXHIBIT D Bellingham Park Subdivision AZ-05-007 Annexation and Zoning Comments ANEXA TION & ZONING COMMENTS 1. The annexation legal description submitted with the application (stamped by D. Terry Puegh, 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 Citv Attornev Bill Narv at 888-4433 to initiate this orocess. The DA shall incorporate the following: · That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems 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 III and IV 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 II and III. · The developer shall construct multi-use pathways as required by the Comprehensive Plan. The future crossings ofTen Mile Creek and the Ridenbaugh Canal may be accomplished offsite and through anticipated bridges (Davinci Way stub street) connecting future development with Tuscany Lakes and Messina Hills Subdivision. However, the applicant shall provide an onsite pathway system consistent with the Goals and Policies of the Comprehensive Plan. Exhibit D - Bellingham Park · That the developer shall be responsible for enacting a dewatering program as recommended by the Geotechnical report to be approved by Meridian Public Works. · The developer shall dedicate Lot 15 Block 10 to the N amp a Meridian Irrigation District. Exhibit D - Bellingham Park EXHIBIT E Bellingham Park Subdivision PP-05-009 (Amended July 26, 2005) Preliminary Plat Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT 1. The preliminary plat prepared by Bailey Engineering, lnc, dated Jan 06, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-05-007) and Conditional Use Permit (CUP-05-008) and Development Agreement shall also be considered conditions of the Preliminary Plat (PP-05-009). 2. In lieu of strict adherence to micro-path 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. A multiuse pathway shall be connected to the east along the Ridenbaugh canal in cooperation with adjoining projects and developments. 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. 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 1-14-05 is not approved as submitted. The following should be included in a revised landscape plan: Depict and construct a 10-foot wide gravel shoulder on Ten Mile Road abutting the site, with the remaining portion of the right-of-way being landscaped with lawn or other vegetative groundcover. Depict the micropaths as required by Site Specific Condition #6. All micropaths within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping" and MCC 12- 4-3 "Pedestrian Walkways." Micropath fencing shall be constructed per MCC 12-13-15-9. All areas being counted toward the open space requirement shall be free of "wet ponds" or other such nuisances. All stormwater detention facilities incorporated into the required open space are subject to Ordinance 12-13- 14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plan. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of Exhibit E -Bellingham Park caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. 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 Planned Unit Development Site Plan, Sheet PUD date April 26, 2006 and drawn by Bailey Engineering, Inc. Include a connection for the micro-path to the east along the Ridenbaugh Canal in cooperation with developments to the east. 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 year-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 Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The applicant shall be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is used, the developer 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 Exhibit E -Bellingham Park permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of building permits. All fences shall taper down to 3-feet maximum within 20 feet of all right- of-way. All fencing shall be installed in accordance with MCC 12-4-10. 11. Maintenance of all common areas shall be the responsibility of the Bellingham Park Homeowners' Association. 12. The applicant is proposing to sewer phase one of this development from an existing sewer main in Locust Grove Road. The balance of the proposed development is to be sewered from an extension of a trunk main located in Tuscany Lakes phase 3. The applicant shall be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the top of the pipe. If cover is less than 3-feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. Any sewer mains not located in the right-of-way shall have a 20-foot wide easement with an all weather access road, and said easement shall be free of any large landscaping. 13. Municipal water to this site shall be via extensions from existing mains in Locust Grove Road. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard fonns of easements, for any mains that are required to provide service 14. 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. The engineer shall be required to certify and ensure that the street centerline elevations are set a minimum of 3-feet above the highest established groundwater elevation, and that the bottom elevation of the crawl spaces of homes is at least I-foot above said groundwater elevation. 15. 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. Exhibit E -Bellingham Park 16. Due to relatively high existing groundwater levels, applicant shall submit a Master Grading and Drainage plan as part of the development plans to be submitted with each phase of this development. The Master Grading and Drainage plan shall include at a minimum the following: a. Groundwater contours for this development at peak seasonal high depth. b. Finish floor elevation for all houses in this development. c. Elevation of crawl space for all houses in this development. d. Finish grade elevation at each lot comer. e. Drainage flow patterns on all lots. Applicant shall maintain a minimum of five ground water monitoring wells in project, at locations approved by the Public Works Department. Applicant shall continue monthly ground water monitoring for two years after final approval of each phase and provide information to the Public Works Department. If structural fill is to be placed on any lot, material specifications and compaction requirements shall be detailed and submitted to Public Works and the Building Department. If slab-on-grade construction is utilized in conjunction with typical footings, builders of each lot shall comply with all recommendations contained in the applicant's Geotechnical Engineering Report (dated 6/10/04) prepared by Michael G. Woodworth, P.E., of Materials Testing & Inspection, Inc. regarding slab on grade construction. The builder of each lot shall provide fill material gradation certIfication and a minimum of one compaction testing report per 500 square feet of first floor area (including garage) and provide such reports to the Meridian Building Department prior to commencement of any framing. 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. 17. 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 determined by Associated Earth Sciences Incorporated. Exhibit E -Beflingham Park 18. Other than the public street accesses approved by ACHD, direct lot access to Locust Grove Road is prohibited. A note shall be placed on the final plat restricting access to Locust Grove Road. 19. A covenant shall be recorded for each lot within Bellingham Park Subdivision stating that the owner of the lot shall be responsible for maintenance of the drainage swale located on ACHD Right-o.fway fronting on the lot. GENERAL REOUIREMENTS-PRELIMINARY PLAT 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 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. Street signs are to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 5. 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. 6. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 7. Applicant shall be responsible for application and compliance with and NPDES Permitting 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. 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. 10. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 11. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider1s expense. Typical locations are at Exhibit E -Bellingham Park 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. 12. 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. 13. 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 100-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 determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above peak high groundwater. 14. The applicant shall coordinate mailbox locations with the Meridian Post Office. 15. 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. 16. 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. 17. 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. 18. 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. 19. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. Exhibit E -Bellingham Park 20. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. Other A!!encv/Deoartment Comments & Conditions Meridian Fire Department L 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 of500' 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 Y2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side ofthe hydrant location. e. Fire Hydrants shall be placed on comers when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 6. For all Fire Lanes, paint the curb red and provide signage ''No Parking Fire Lane" . 7. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. Exhibit E -Bellingham Park 8. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The applicant shall provide a stub street to the property to the (westJeast/north/south). The two entrances should be separated by no less than Y2 the diagonal measurement of the project. 9. 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. 10. The proposed 166-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 481 residents at build out. 11. 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 facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 12. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). MERIDIAN PARKS DEPARTMENT 1. Pathway and Trail standards: 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 arterial to another, and either an easement or Exhibit E ~BeJlingham Park 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 subdivision that the City does not maintain. 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. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval Exhibit E -Bellingham Park 1. Dedicate 35-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required pennits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will not be compensated for this additional right-of-way because Locust Grove Road is classified as a collector roadway and is to be brought to adopted standards by the developers of abutting properties. If additional right-of-way is needed to accommodate the required left and right turn lanes, the applicant shall dedicate sufficient right-of-way to construct those improvements. 2. Construct W. Wrightwood Drive as a 36 or 41-foot residential collector street section with vertical curb, gutter, and sidewalk from Locust Grove Road to W. Mitman Avenue. Provide 2 I-foot street sections on each side of the proposed landscape island on W. Wrightwood Drive at the intersection with Locust Grove Road. Stripe W. Wrightwood Drive at the intersection with Locust Grove Road, to accommodate simultaneous left and right turn movements onto Locust Grove Road. 3. Construct a southbound left turn lane on Locust Grove Road at the intersection with W. Wrightwood Drive. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. 4. Construct a northbound right-turn lane at the sight approach intersection with Locust Grove, as recommended by the submitted Traffic Impact Study. 5. If the applicant meets the criteria for the alternative street section, construct the internal streets, with the exception ofW. Wrightwood Drive, as an alternative street section that includes 32-feet of pavement with a I-foot minimum concrete ribbon curb (or vertical curb) and 4-foot concrete sidewalks that are detached by an 8-foot wide drainage swale within 62-feet of right-of-way. Ifit is determined that this site does not meet the established criteria, then the applicant will be required to construct internal streets as a standard residential streets that includes a 36-foot street section with rolled curb, gutter, and 5-foot concrete sidewalk within 50-feet of right-of-way. 6. If the applicant meets the criteria for the alternative street section, construct W. Wrightwood Drive as an alternative street section that includes 32-feet of pavement with a I-foot minimum concrete ribbon curb (or vertical curb) and 4- foot concrete sidewalks on both sides of the roadway that is detached by an 8-foot wide drainage swale within 62-feet of right-of-way. Ifit is determined that this site does not meet the established criteria, then the applicant will be required to construct West Wrightwood Drive as a standard street that includes a 36-foot Exhibit E -Bellingham Park street section with curb, gutter, and 5-foot concrete sidewalk within 50-feet of right-of-way. 7. The following access restrictions for W. Wrightwood Drive shall be noted on the final plat: · Lot 3, Block 7 shall not have access to W. Wrightwood Drive. · Lot 2, Block 6 shall have an on-site turnaround to prevent the direct backing of vehicles onto W. Wrightwood Drive and the driveway will be required to be constructed with Wrightwood Drive at the east property line. 8. Construct a knuckle with a landscape island on W. Wrightwood Drive abutting Lots 4-6, Block 6 to prevent the direct backing of vehicles onto W. Wrightwood Drive. Provide a 29-foot street section on the south side ofthe knuckle if a standard street section is proposed OR provide a full alternative street section. 9. Any landscape islands or medians shall be owned and maintained by the homeowner's association. Notes ofthis are required on the final plat. 10. Construct W. Wrightwood Drive, the main entrance, to intersect Locust Grove Road so that the southern right-of-way line for Wrightwood Drive aligns with the property line on the west side of Locust Grove Road, as shown on the revised plan dated August 23,2004. 11. Construct one alJey between Blocks 2 and Block 3 that intersects E. Deerhill Street and W. Wrightwood Drive. The alley shall have a minimum right-of-way width of 16-feet and shall be paved its entire width. 12. Install traffic circles at the intersections ofW. Mitman AvenuelWrightwood and S. Glenmere A venuelWrightwood. The applicant should coordinate the exact location and design ofthe traffic calming devices with District Traffic Services Staff. 13. Construct West Rangewood Drive as a stub street to the east property line located approximately 210-feet south of the north property line (measured property line to centerline). Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 14. Construct South Broadview Avenue as a stub street to the south property line located approximately 320-feet west of the east property line (measured property line to centerline). Construct a turnaround at the terminus ofS. Broadview Avenue, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 15. Construct S. OverhiII Avenue as a stub street to the south property line located approximately 1,120-feet west of the east property line (measured property line to Exhibit E -Bellingham Park centerline). Install a sign at the terminus ofthe stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 16. Construct W. Mitman Avenue as a stub street to the south property line located approximately 535-feet east ofthe west property line (measured property line to centerline). Construct a temporary turnaround at the terminus ofW. Mitman Avenue. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 17. Plat no more than 104 homes until one of the stub streets is extended AND a public road connection is made to either Locust Grove Road or Amity Road. 18. Other than the access that is specifically approved with this application, direct lot access to Locust Grove Road is prohibited and shall be noted on the final plat. 19. Comply with all Standard Conditions of Approval. ACHD Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Exhibit E -Bellingham Park 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 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 ofthe subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effec~ at the time the change in use is sought. Exhibit E -Bellingham Park EXHIBIT F Bellingham Park Subdivision CUP-05-008 (Amended Julv 26.2005) CUP/PD Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS-CONDITIONAL USE PERMIT 1. The site plan prepared by Bailey Engineering, Inc, dated April 26 2005 with a revision date of June 12, 2005, is approved, with the conditions listed herein. Applicant shall meet all of the requirements of the Annexation/Zoning (AZ-05- 007) and Preliminary Plat (PP-05-009) as a condition of the Conditional Use Permit (CUP-05-008). 2. The project shall conform to the R-8 dimensional standards, except as follows: 1. Minimum frontage: 36-feet (non cul-de-sac lots). 2. Minimum lot dimensions: 4,140 sq ft. 3. The applicant shall provide detailed open space calculations at the P&Z Commission public hearing, clarifying what percentage of the site will be set aside as landscaped open space (not including required street buffers). If modifications to the plat/site plan/landscape plan are required by the Commission, said plan shall be submitted to the City Clerk at least 10 days prior to the public hearing. In addition to providing 10% of the site as open space, provide at least one other amenity in accordance with the requirements of the City Council at the recommendation of the Commission. 4. Construction within Bellingham Park Subdivision shall substantially comply with the elevations submitted by the applicant. 5. No zero lot line Lots will be allowed in Bellingham Park Subdivision. 6. All constructionfor Bellingham Park Subdivision will be slab-an-grade as defined by the Meridian Building Department. Exhibit F - Bellingham Park EXHIBIT G Bellingham Park Subdivision AZ-05-007 Zoning Amendment Findings According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-1 I: 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; 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 3.84 dwelling units per acre proposed with the preliminary plat are consistent with previous Commission and Council actions and generally conform to the goals, objectives, and action items contained in the Comprehensive Plan for this area. In addition, in the applicant's cover letter (dated January 15, 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 does not conform to the purpose statement of the natural ftatures goals and policies and staff cannot 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 - Bellingham Park 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 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 then the 1 OO-year floods would be contained within the banks ofTen-Mile Creek. Similarly to the existing floodplain there are two primary soils located onsite as defined by the geotechnical report. As reported both soils types are prone to flooding with seasonal high groundwater levels at 1.5-5 feet below grade. The engineering reports indicate that water in the crawl spaces is to be expected and shallow groundwater is a concern for construction across the site. Dewatering of the site is expected and a dewatering program was recommended by the geotechnical engineer. The submitted plan has seventy (70) lots proposed in the current floodplain designation. All homes are expected to have moderate to severe groundwater problems. The seasonal high groundwater levels are calculated as the average depth to water during peak seasons; however actual high groundwater levels at this site are expected to be at grade if a dewatering program is not instituted. The applicant has submitted a letter from John Anderson, of Nampa Meridian Irrigation District addressing usage along major canal systems. Stafffeels the revision dated April 26, 2005 adequately addresses the relocation of the multi-use pathways west of Ten-Mile Creek. However, the NMID letter supports staff's original recommendation that additional open space lots should be placed along the Ten-Mile Creek and Ridenbaugh Canal east of the Ten-Mile Creek to provide additional buffer to these major features of concern in the intersection of the two major waterways. Staff feels that the dedication of Lot 18, Block 10 to the Nampa Meridian Irrigation District is appropriate to mitigate the anticipated residential impacts west of the Ten- Mile Creek as long as a pathways connection is made from Bellingham Park Subdivision to the east along the Ridenbaugh Canal. Staff feels that the relocation of parks, pathways and drainage lots in relation to the high ground water would be the most beneficial to future owners. Past approvals of subdivisions with potential for groundwater in crawls paces has created a concern for the health/safety and welfare of future owners. The overall design of subdivisions helps mitigate these future problems. Chapter VI C.2 P71 - Multiuse pathways: Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the Exhibit G - Bellingham Park 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 redesign of the subdivision 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 from 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 providing connection to Locust Grove Road, near the intersection with the Ridenbaugh Canal. 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. Staff proposes that the applicant construct multi use pathways similar to Tuscany Lakes and Messina Hills Subdivision north of the property. These developments placed the pathways in cooperation with the Comprehensive Plan along the Eight and Ten Mile drains, utilizing the streets systems for canal/creek crossings and creating open space lots to buffer the irrigation system from new development. The Multiuse pathway should be continued in the following locations: Staff feels that the open space lot should be continued along the east side of Ten-Mile Creek to provide a connection through the open space from the south of the development along Ten-Mile Creek to the connection with the Ridenbaugh Canal and future connection with Tuscany Lakes and Messina Hills Subdivisions. The following goals and policies support the request for additional open space along natural resources: · "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) Exhibit G - Bellingham Park · "hnprove 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 dense vegetation along Locust Grove Road. Staff is supportive of these widths, as long as the entire buffer lies outside the ultimate right-o.fway, and the sidewalk is located outside of the 25-foot wide buffer (or increase buffer to 40-feet). See Site Specific 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 !Jew construction and reconstruction projects, in a manner that is safe, accessible and convenient. · "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 Dr (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. A portion of the site located south of Wrightwood Drive and on either side of Mitman Ave is in the Low Density Residential Comprehensive 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). The R-8 district allows for a maximum of eight (8) dwelling units per acre (MCC11-7-2.C), however the design more closely resembles an R-4 development. The applicant's requested design provides for larger lots consistent with a lower density transitional area. Exhibit G - Bellingham Park 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 inteiface between urban level densities and rural residential densities. " Terrier Subdivision is located immediately south of the property with three lots of approximately five acres each and is classified as low density residential. Lots 1- 6 and Lot 8 of Block 1 and Lots 1-2 of Block 7 have a calculated residential density of 2.99 dwelling units to the acre or (7 residential lots I 2.34 acres) which is consistent with the maximum allowance within the Low Density Residential Designation. 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-05-004 & CUP-05-004). 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. 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 and east has been developed (or approved for development) in a manner similar to the proposed subdivision, with single-family dwelling units. Tuscany Lakes Subdivision 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 square feet to 30,000 square feet. Neighboring Ada County Exhibit G - Bellingham Park 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, Locust Grove Road is not currently scheduled within ACHD's Five Year Work Program or Capital hnprovements Plan (CIP) for roadway widening. A portion of this development is cun"ently not serviceable by the City of Meridian's sanitary sewer system. Phase one of this development is eligible to sewer to an existing main located in Locust Grove road. The remainder of this development is planned to sewer via the future 24" service line to be run under the Ridenbaugh Canal and through Tuscany Lakes upon build out. Staff anticipates the sewer line to be in the near vicinity prior to development of this proposal. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. Staff finds that the subject site is denser than surrounding proposals and provides a housing type which has not been utilized in the immediate vicinity (Blocks 2-3). 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 the first development to apply for approval south of the Ridenbaugh Canal. This development will set the tone for how the rest of this area, particularly the south, develops or does not develop and how those developments deal with high groundwater issues that prevail in this area. Similar developments in the near vicinity have already experienced high groundwater along the Ten Mile Creek and Ridenbaugh Canal. The proposed homes must be designed, constructed, and maintained in significant compliance to the recommendations as listed by the Geotechnical experts report and with the conditions imposed by this report. The houses must be designed in a fashion as to not allow any groundwater to enter the crawlspaces, otherwise the housing products should be constructed without crawlspaces. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Exhibit G - Bellingham Park 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 one exception may be with regard to the floodplain. 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. The applicant should institute a dewatering plan to mitigate high groundwater issues as dictated by the Geotechnical Report. Staff has required a dewatering plan as a condition of approval. 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; A portion of this development is currently not serviceable by the City of Meridian's sanitary sewer system. Phase one ofthis development is eligible to sewer to an existing main located in Locust Grove road. The remainder of this development is planned to sewer via the future 24" service line to be run under the Ridenbaugh Canal and tlrrough Tuscany Lakes upon build out. Staff anticipates the sewer line to be in the near vicinity prior to development of this proposal. 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 tlrrough 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. 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; Exhibit G - Bellingham Park 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. Staff finds that if open space Lot 13, Block 12, were to develop in a similar fashion to Tuscany Lakes subdivision then the open space would help to facilitate the pedestrian traffic from the subdivision to surrounding uses. 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 ~itches and waterways by Nampa Meridian Irrigation 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 Locust Grove Road and provide future public street connection to the site from Amity Road and through to Eagle Road. The proposed public street entrance to Locust Grove Road has 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 surrounding public streets. Please review any comments from ACHD for this project for additional information regarding this finding. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and The comprehensive plan defines the Ten-Mile Creek as a natural feature of importance. As described in the Annexation and Zoning Analysis A. The applicant should make all attempts at preservation of this natural feature. There Exhibit G - Bellingham Park 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 annexation/zoning of this property, as proposed by the applicant, would be in the best interest of the City. Exhibit G - Bellingham Park EXHIBIT H Bellingham Park Subdivision PP-05-009 Preliminary Plat Findings Sections 12-3-31.2 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; 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 exp~nditure 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 Councilor Commission's attention; other than the floodway and groundwater 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 H - Bellingham Park SPECIAL CONSIDERATIONS-PRELIMINARY PLAT 1. Public Streets and Access: The applicant is proposing to construct through roads (Wrightwood Drive) connecting Locust Grove Drive with future projects to the east and south. Wrightwood Drive to Highcliff Avenue is shown as a 36-foot wide street will serve as the collector street in this area and will provide access to Locust Grove Road for all parcels in this section. Staff is supportive of the proposed design, as it will provide access to future development across Ten Mile Creek for all parcels in this section. 2. Ril!ht-of-wav & Landscaoe Buffers: Arterial Streets: Staff reconunends that the applicant be required to comply with the ACHD's requirements for right-of-way dedication along Locust Grove Road. Landscaping and sidewalks adjacent to Locust Grove Road should be constructed in compliance with MCC 12-13-10. A 25-foot wide landscape buffer, located entirely outside of the right-of-way and not including the width of the sidewalk, should be provided along Locust Grove Road. See Site Specific Condition #5 below. 3. Stub Streets: The applicant is proposing to construct stub streets to adjacent parcels east and south ofthe site. Staffis supportive ofthe proposed stub street locations. 4. Unimproved Rie:ht-of-Way: Meridian City Code 12-13-10-9 requires a lO-foot wide gravel shoulder abutting right-of-way where the unimproved portion of the right-of-way is greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or property line), and road widening is not in the ACHD Five Year Work Program. The remainder of the unimproved right-of-way should be landscaped with lawn or other vegetative groundcover. Locust Grove Road abutting this site meets the warrants for the lO-foot wide gravel shoulder requirement listed above. Therefore, the applicant should be required to construct a 10-foot wide gravel shoulder on Locust Grove Road, with the remaining portion of the right-of-way being landscaped with lawn or other vegetative groundcover. See Site Specific Condition #5 below. 5. Internal Streets: The applicant is proposing to construct all internal streets with a 36-foot street section with 5-foot wide detached attached sidewalks with drainage swales. The entire street, including the sidewalk, is contained within the ACHD right-of-way. Staff is supportive of this design. To keep cars that park in front of garages from blocking the sidewalk, all future face-of-garage setbacks should be 20-feet (measured from the property line or the back of sidewalk, whichever is more restrictive). See Site Specific Condition #3 below. 6. Micro-oaths: Staff recommends that a micro-path connections be provided as depicted as closely as possible according to the Comprehensive Plan. There are three distinct natural features in this area that are potential locations for multi-use Exhibit H - Bellingham Park pathways. The Ridenbaugh Canal running east to west, The Eight Mile Creek from the northeast and connecting to the Ridenbaugh Trail, and the Ten Mile Trail Way connecting the northwest to future developments south of the City of Meridian. This recommendation will allow greater pedestrian access to the parks located in from the south. See Site Specific Condition #6 below. 7. Piping of Ditches: 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 cannot be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. See Site Specific Condition #8 below. 8. Pressure Irrieation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is used, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas -per the approved specifications and in accordance with MCC 12- 13-8 and MCC 9-1-28. See Site Specific Condition #9 below. 9. Fencing: The applicant has not proposed to construct any fencing around the perimeter of the site. 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 N ampa Meridian Irrigation District. A detailed fencing plan should be submitted upon application of the final plat (MCC 12-4-10.F.3). Ifpermanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with MCC 12-4-10. See Site Specific Condition #10 below. 10. Sanitary Sewer The entire development is currently not serviceable by the City of Meridian's sanitary sewer system. Phase 1 will be served by a connection in the Locust Grove Right of way, while sewer service for the western phases of the development will be via the future main located along Ten Mile Creek, through Tuscany Subdivision and piped under the Ridenbaugh Canal. See Site Specific Condition #12 below. Exhibit H - Bellingham Park EXHIBIT I Bellingham Park Subdivision CUP-05-009 CUP/PD Findings The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in tenns 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): CONDITIONAL USE ANALYSIS 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 Imd 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 accommodate the requested use and all other required features. Although the site is large enough to accommodate all of the features required by ordinance, the applicant has asked, through the Planned Development, to modify specific development standards. Staff recommends that not all requirements be waived as requested. See Special Consideration #1 below for detailed analysis. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; Staff finds that the proposed single-family residential subdivision, with a gross density of3.84 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 Exhibit [ - Bellingham Park 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; Staff recommends that the Commission and Council rely upon public testimony, staff's analysis, and other agency COlllinents 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 ofthis 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 "R" 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 ")" 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. Exhibit 1- Bellingham Park Please see Annexation & Zoning Analysis "K" above. SPECIAL CONSIDERATIONS-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 to the standard R-8 lot size of 6,500 square-feet is applicable. The proposed lot sizes range from 4,860 square-feet to 14,290 square-feet. Lot Frontal!e: The minimum requested street frontage is 36-feet. There are 144 lots that have between 36-feet and 64-feet of frontage (65-feet is the minimum for the R-8 zone). Staff is supportive of reducing the frontage for some of the lots as it provides lot diversity. Setbacks: The applicant's submittal of 4/26/05 requests that this development not be subject to any setback standards. Staff recommends that all setbacks for the R- 8 zone remain in place. Staff would recommend even greater setbacks for lots along canals and waterways to help mitigate any NMID issues. 2. Amenities: MCC l2-6-2.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 2.8-acre open space lot and 5.03 acres of open space/park. The proposed open space makes up 11 % of the site, 5% minimum is required and it takes 10% to count open space as an amenity. However, parking for soccer/softball has not been addressed by the applicant. On-street parking will be limited adjacent to the 2.8-acre park, and if parking is provided on-site, that takes away from the useable green area. The applicant is proposing parking for the clubhouse located on Lot 10, Block 3. Staff has not seen a rendering of how the clubhouse would be used and/or upgraded for public use. The applicant shall submit for a building permit to change the occupancy of the single family residence to address the new proposed use as an amenity. As proposed, staff does believe that the proposed park areas provide sufficient amenities relative to the size of the proposed development and the requested relief of development standards. 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 5.03 acres (11.66%). 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. Exhibit I - Bellingham Park 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 Bellingham Park 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 Unifonn Building Code. See Site Specific Condition #4 below. Exhibit I - Bellingham Park CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter of a request for Annexation and Zoning of 2.78 Acres from RUT (Ada County) to L-O (Limited Office) and Preliminary Plat Approval of Five (5) building lots and Two (2) other lots on 2.521 acres in a proposed L-O Zone for Redfish Subdivision, by Ben Miller. Case No. AZ-05-021, PP-05-021 For the City Council Hearing Date of: July 12, 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 matters were duly considered by the City Council at the July 12, 2005, public hearing. 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 ofthe City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a recommendation for approval to City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code 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. AZ-05-021, PP-05-021 - 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 of record at the time of issuance of these findings is Ben Miller. 4. Required Findings per Zoning and Subdivision Ordinances a. See Exhibit D for the findings required for each application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use 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, Subdi vision 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 3/13/05 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: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 3/13/05 is hereby conditionally approved; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION-& ORDER CASE NO. AZ-05-02 [, PP-05-021 - PAGE 2 of 4 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits (as applicable) 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 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. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (3/13/05, with conditions) Exhibit C: Conditions of Approval Exhibit D: Annexation and Zoning and Preliminary Plat Required Findings By action of the City Council at its regular meeting held on the I z,J'!::-- day of db f1 ,2005. COUNCIL MEMBER SHAUN WARDLE VOTEDr VOTED~ COUNCIL MEMBER CHRISTINE DONNELL CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ-05-021, PP-05-021 - PAGE 3 of4 COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ VOTED~ COUNCIL MEMBER KEITH BIRD MA YOR TAMMY de WEERD (TIE BREAKER) VOTED_ and City Attorney. By: 1~~rrJ1~~!V\ City Clerk's Office. Dated: --"1 - } 3 -oc; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER CASE NO. AZ-05-02l, PP-05-021 - PAGE 4 of 4 EXHIBIT A Redfish Subdivision AZ-05-021, PP-05-021 Legal Description MILLER PROPERTY ANNEXATION A parcel of land located In the southwest quarter of the northwest quarter of Section 36, Township 4 North, Range 1 West. Boise Meridian, Ada County, Mendlan, Idaho and descnbed as follows Beginning at a brass cap monument marking the southwest corner of said northwest quarter of Section 36 and the centerline of N Linder Road from which a brass cap monument marking the northwest corner of said northwest quarter of Section 36 bears N 00015'17" E a distance of 2634.71 feet; thence leaving said centerline along the South line of said northwest quarter S 89009'05" E a distance of 273.36 feet to a 5/8 inch rebar from which the center one-quarter corner of said Section 36 bears S 89"09'05" E a distance of 2398A6 feet, thence leaving said South line along the boundary line of Baldwin Park SubdiviSion No 1 as recorded in book 85, page 9516 of plats, Ada County, Idaho N 00"15'17" E a distance of 43664 feet to a 5/8 inch rebar, thence N 86036'03" W a distance of 225 69 to a 5/8 Inch rebar; thence leaving said boundary line of Baldwin Park SubdivISion No 1 and continuing N 86"36'03" W a distance of 4807 feet to the West line of said southwest quarter and the centerline of said N Linder Road, thence along said West line S 00"15' 17" W a distance of 448,82 feet to the POINT OF BEGINNING Said parcel contains 121,018 sq ft. or 2,78 acres more or less and is subject to any easements and/or flghts-of-ways on record or implied ,~~~~~~ 6~~i.'C F,"'t ~Plf~' Legal Description for REDFlSH SUBDIVISION Exterior Boundary A parcel ofland being a portion of the SWl/4 of the NWl/4 of Section 36, Township.::l- North, Range I \Vest, Boise Meridian, City of Meridian, Ada County, Idaho and more pmiicularly described as follows: Commencing at a brass cap marking the NW Comer of said Section 36, thence along the West line of said Section 36, also being the centerline ofN. Linder Road, SOO"15' 17"W a distance of2634.71 feet (formerly 2634.81 feet) to a brass cap marking the SW Comer of the NW 114 of said Section 36, thence leaving said West line and along the South line of the NWl/4 of said Section 36, S89"09'05"E a distance of25.00 feet to a 5i8 II1ch rebar on the East right-of-way line of said N. Linder Road being the POfNT OF BEGINNING; Thence leaving said South line and along said East right-of-way line NOao 15' 17"E a distance of 447.71 feet to a 5/8 inch rebar; Thence leaving said East right-of-way line and along the South line of Lots 1,6 and 7 Block 4 of BALDWIN PARK SUBDIVISION NO. J as 5ho\'...11 on the official Plat, recorded in Book 85 of Plats at pages 9516 and 9517 records of Ada County, Idaho, S86036'03" E a distance of 248.72 feet to a 5/8 inch rebar marking an angle point in the South line of said Lot 7 also being the NW Comer of Lot 9 of said Block 4; Thence leaving said South line and along the West line of Lots 9 through 12 and 15 of said Block 4 SOoo 15' 1 T'W a distance of 436.64 feet (tonner1y a distance of 436.73 feet) to a 5/8 inch rebar marking the SW Comer of said Lot 15 also being all the South line of said NWl/4; Thence leaving the West line of said Block 4 and along the South line of said NWII4 N89009'05"W a distance of 248.36 feet to the POINT OF BEGINNING; Said parcel contains approximately 1 09,812 square feet or 2.52 acres, more or less and is subject to all existing easements and rights-of-ways of record or implied. EXHIBIT B Redfish Subdivision AZ-05-021, PP-05-021 Approved Preliminary Plat i ' I" In: --~~ EXHIBIT C Redfish Subdivision AZ-05-021, PP-05-021 Conditions of Approval (With deletions and additions in strikeout/underline) ANEXATION & ZONING COMMENTS 1. The annexation legal description submitted with the application (dated 1-6-05, stamped by Stephen R. Lee, 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. 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: · That no alterations, expansions, reconstructions or other enlargements to the existing single-family structures will be pennitted except through a Certificate of Zoning Compliance (CZC) and except where 1) the use of the structure changes to a use consistent with this Development Agreement and 2) the structure meets all applicable development standards such as setbacks, frontage, height, etc · That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC). · 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. · That the following shall be the only allowed uses on this property: professional and sales offices, personal or professional services, clinics (medical, dental and optical), and health care or social services, or a davcare center with a Conditional Use Permit. · That the hours of operation shall be limited to '7 a.m. te '7 13.m. 6 a.m. to 10 1!.J!!,., unless otherwise modified through a Conditional Use Permit. · That any new structure(s) shall be generally compatible in appearance and bulk with the surrounding residential properties, as determined by the Planning Director, unless otherwise modified through a Conditional Use P ermi 1. SITE SPECIFIC CONDITIONS- PRELIMINARY PLAT 1. Per ACHD requirements, the applicant shall dedicate 23 feet (23') of additional right of way and construct a minimum 5' sidewalk along Linder Road, located a minimum of 41 feet (41') from the centerline of the right of way, which ties into the existing sidewalks on the north and south. 2. The applicant shall be required to eliminate Lots 1 and 7, and provide the required 25- foot landscape buffer along N. Linder Road in an easement to benefit the Business Owner's Association. 3. The applicant shall provide an additional six (6) trees within the land use buffer along the east property line and an additional three (3) trees within the land use buffer along the north property line to fulfill this requirement. The applicant has also shown the area within the land use buffers on the east and north as drainage swales for retention of on-site storm water. The applicant shall coordinate the design of these swales and placement of trees within the swales with the City of Meridian Public Works Department. 4. Submit 10 copies of a revised site plan and landscape plan in conformance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. 5. City sewer and water services are currently available to this site from existing mains in Linder Road. The applicant shall be responsible to construct sewer and 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. Cover over sanitary sewer mains shall be no less than 3 feet from finish grade to the top of the pipe. If cover is less than 3 feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. 6. Underground pressurized irrigation shall be provided to all buildable lots, and landscape areas on site. The applicant has indicated that Settlers Irrigation District will own and maintain this system. 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 used, 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. 7. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter adjacent to the vacant lands prior to issuance of a building permit. 8. Other than the one driveway specifically approved by ACHD, no other access to Linder Road is allowed and shall be noted on the final plat. 9. With the submittal of the final plat application, the applicant shalJ submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, and lot and block numbering. Make any other corrections necessary to conform. 10. Revise the preliminary plat to indicate the means and location of the storm drainage facilities. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off- street parking areas. Stonn water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 11. The preliminary plat shows a proposed sewer main routing through a common lot. No large landscaping shall be allowed in the sewer easement. 12. All existing structures shall be removed prior to the City Engineer's signature on final plat. 13. The applicant shall revise the preliminary plat to show the standard City of Meridian 20-foot utility easement for the proposed sewer and water mains. 14. Any domestic wells and/or septic systems appurtenant with the two existing houses 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. 15. The applicant shall establish a Business Owner's Association for the maintenance of the common lots. STANDARD CONDITIONS- PRELIMINARY PLAT 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 3. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 4. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 5. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 6. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 7. 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 pennit from the Public Works Department prior commencing installations. 8. 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. 9. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established nonnal groundwater elevation. 10. 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. 11. Prior to signature of the final plat(s) by the City Engineer, 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. that has not been completed. 12. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 13. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 14. 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 (MCC 12-5-3). 15. Please submit 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 100-year stonu 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 determining the groundwater, soil type & and characteristics during the design and construction phases. 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. If 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. 17. The Applicant shall coordinate mailbox locations with the Meridian Post Office. 18. 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. - 19. Staff's failure to cite specific ordinance provisions or tenus of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. 20. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. Other Af!encv/DeDartment Comments & Conditions SANITARY SERVICES COMPANY (SSC) 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. MERIDIAN PARKS DEPARTMENT 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 Melidian Landscape Ordinance (MCC 12-13-13) will be followed. MERIDIAN FIRE DEPARTMENT 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 Depmiment. a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 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. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 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. 8. The 5 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 2397 responses in the year 2003. 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. 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 facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 10. Maintain a separation of5' from the building to the dumpster enclosure. 11. Provide a Knoxbox entry system for the complex prior to occupancy. 12. The applicant shall work with city staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 13. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 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. EXHIBIT D Redfish Subdivision AZ-05-021, PP-05-021 Required Findings ANNEXATION & ZONING ANALYSIS Because the analysis below applies both to the proposed use and the proposed zoning, staff has combined the analysis of use with the annexation and zoning findings. According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." 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 currently designated 'Medium Density Residential' on the 2002 Comprehensive Plan Future Land Use Map. The City recently approved Resolution No. 04-0454, which amended Chapter VII, Section 1, of the Comprehensive Plan to include the following language: "At the discretion of City Council, areas with a Residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or a section line road and is 3 acres in size or less in size." In this instance, no ancillary commercial uses shall be pennitted." Staff finds that the subject property has frontage on an arterial street Linder Road and is less than 3 acres in size (2.52 acres). According to Resolution No. 04-0454, the subject parcel is eligible for an office use/zone, if the Commission and Council find the zoning is appropriate for this site. Please see the foUowing facts and circumstances and the Special Considerations below for further analysis of the proposed zoning designation. The following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan are applicable to this application: · Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: Sanitary sewer and water service will be extended to the project at the developer's expense. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. Fire and Emergency Medical Services will be provided by Meridian City Fire Station #3. The subject lands lie within 1.5 miles of the recently opened Meridian City Fire Station #3 and lie within the Meridian Fire Department's five-minute response zone. The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian . Public Works Department, the Meridian Water Department" the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. · "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal I, Objective B) The proposed zone, which allows office uses, does contribute to the variety of uses in this area. · Provide for non-exclusive residential zoning that allows for low-impact neighborhood commercial areas to develop in residential districts. Develop standards to regulate neighborhood commercial uses to minimize the impact on the integrity of the residential district (Chapter VII, Goal IV, Objective C, Action 7). The proposed development will be restricted to professional and medical offices uses through a Development Agreement and the recent Comprehensive Plan text amendment. The office uses will have a low-impact on the surrounding properties and will not compromise the integrity of the surrounding residential district. The project will take vehicular access from N. Linder Road, . an arterial, and will not disrupt the nature or character of the neighborhood. · Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties (Chapter VII, Goal IV, Objective C, Action 2). The applicant will be required to provide land use buffirs between the existing single-family residences and the proposed office uses, per Meridian City Code. City Council finds that the proposed L-O zoning designation is harmonious with and in accordance with the Comprehensive Plan and the recent Comprehensive Plan text amendment. B. Is the area included in the zoning amendment intended to be rezoned in the future; City Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is 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; City Council finds that the proposed professional/medical office development is allowed within the requested L-O zone. The uses of the property will be restricted through a Development Agreement to those uses that are allowed by the Comprehensive Plan text amendment. D. Has there been a change in the area or adjacent areas that 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; There have been no recent street improvements in the area. N. Linder Road is not currently scheduled within ACHD's Five Year Work Program or Capital Improvements Plan (CIP) for roadway widening. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. 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 existing character of the area will, and is, currently changing. City Council finds that the proposed L-O zoning and subsequent office use proposed with the concurrent preliminary plat is harmonious and appropriate to the intended character of the general vicinity. The applicant shall be required to execute a Development Agreement with the City of Meridian to restrict hours of operation, uses allowed, and the height of the structures. If this development is approved as proposed and restrictions are placed on the property through a Development Agreement, City Council finds that it will not significantly change existing character of the area as noted on the Future Land Use Map in the Comprehensive Plan. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council finds that the use of this site for professional office/clinic purposes should not be hazardous or disturbing to existing or future neighboring uses if the applicant enters into a development agreement with the City and if the development complies with all development and landscaping ordinances. 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 an)' of such services; Other urban services, such as water and sewer, are near this site and the applicant should be able to extend such services to the site. The applicant shall be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. On May 13, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. The detailed comments and conditions from the Fire Department, Police Department, and other agencies/departments are at the end ofthis report. This project approved at staff level by ACHD on May 3, 2005. City staff has reviewed the report prepared by ACHD and agrees with the recommendations it contains. Based on the comments received from other agencies/departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; The developer will be financing the extension of sewer, water, utilities and irrigation services to serve the project. The Plimary public costs to serve the future residents will be fire, police, school facilities and services. City Council finds there will not be excessive additional requirements at public cost. City Council does not anticipate that the annexation and zoning will be detrimental to the community's economic welfare. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council 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. Traffic congestion is an ongoing issue for north Meridian, the resolution of which is beyond the scope of this project. ACHD staff finds that the additional traffic created by the project should not be excessive. City Council does not anticipate that annexation and development in accordance with current city code and the Comprehensive Plan will create excessive noise, smoke, fumes, glare, or odors. 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 entrance into the site from N. Linder Road. If vehicular approaches are approved and constructed in accordance with ACHD policy, City Council finds that the subdivision will not create interference with traffic on the surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and City Council is not aware of any natural or scenic features that may be lost, damaged or destroyed with the approval of the subject applications. Any existing trees larger than 4" caliper that are removed should 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)? In accordance with the findings listed above, City Council finds that the annexation/zoning of this property, as proposed by the applicant, is in the best interest of the City. PRELIMINARY PLAT ANALYSIS 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 Development Plan; See Annexation and Zoning Analysis "A" above. B. The availability of public services to accommodate the proposed development; City Council finds that public services are or will be available to accommodate the proposed development. See Annexation and Zoning Analysis "G" above. C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that a development on this property will not require the expenditure of qapital improvement funds. D. The public rmancial capability of supporting services for the proposed development; The development will not require major expenditures for providing supporting services. (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. City Council finds that there should not be any health, safety or environmental problems associated with this subdivision that should be brought to the Councilor Commission's attention; no hazardous natural features have been identified on the site. ACHD considers road safety issues in their analysis. MERIDIAN PLANNING & ZONING MEETING APPLICANT Ben Miller PP 05-021 June 2,2005 ITEM NO. 23 REQUEST Public Hearing: Preliminary Plat approval of 5 office building lots & 2 other lots on 2.521 acres in a proposed L-O zone for Redfish Subdivision - 4120 North Linder 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: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: COMMENTS See attached staff Comments ~ DIM lY\wldv A-ofVoJ\f~ do C{v S/() No Comment See attached Comments No Comment See attached Comments Contacted: Emailed: CJ;w 1'7 fk>/PbS Date(r/-"rrS- Phone: g,f'Z-7ZW C 1..^ \(~S'^ t 9' I4V'(J( {, '7)11~,r.J.t.;~. (c/\;$taff Initials: Materials presented at public meetings shall become property of the City of Meridian. MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Rountree \' V . IIMHO )1} ~tt;~<\ ~~!" -..;;g!}~rRI'. \SUIl.I'. V ~~~~Wj LEtre&l:?ElsfdjlJ#lW!NT (2pm~f!jM~3 P~Q~~S BlB\YIt\t>\~@~T#lW!NT (2pm~~BmOF.<P'a~~~~1 PJ~!;Wt~~rA~!)l.~~CZ~filG D~~NT (2~S1ID@~~B'iPSS3j=~~@e~54 STAFF REPORT: To: Mayor, City Council and Planning & Zoning Commission Josh Wilson, Associate City Planner /4- Michael Cole, Development ServiiZ'~oordinator r~ll/ c... From: Subject: Redfish Subdivision P & Z Hearing Date: June 2, 2005 Transmittal Date: May 26, 2005 Annexation and Zoning of 2.78 Acres from RUT (Ada County) to L-O (Limited Office) for Redfish Subdivision, by Ben Miller (File No. AZ-05-021) Preliminary Plat Approval of Five(5) building lots and Two (2) other lots on 2.521 acres in a proposed L-O Zone for Redfish Subdivision, by Ben Miller (File No. PP_ 05-021) We have reviewed the aforementioned applications and now offer the following as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council. APPLICATION SUMMARY & BACKGROUND The applicant, Ben Miller, has applied for Annexation and Zoning and Preliminary Plat approval offive (5) office buildings on 2.52 acres (exclusive of right of way) in a proposed L-O (Limited Office) zone. Combined, the five office buildings total approximately 21,000 square-feet of office floor space. The site is located on the east side N. Linder Road, north of Ustick Road, and immediately north of Sawtooth Middle School. This property is designated "Medium Density Residential" on the 2002 Comprehensive Plan Land Use Map and currently contains an existing rural residence and associated accessory buildings. The subject application was submitted to the Planning and Zoning Department for review. Staffhas provided a detailed analysis and recommended conditions of approval for the requested conditional use permit application below.. Staff is recommending approval of the application, with the conditions outlined in this report. CURRENT OWNERS OF RECORD Ben Miller, the current property owner, has submitted notarized consent for the subject application. AZ-OS.021, PP-OS-02J Redfish.AZ.PP .doc Plmming & Zoning Commission/Mayor &' City Council Hearing Date: June 2, 2005 Page 2 LOCATION & SURROUNDING USES The subject property is located on the east side ofN. Linder Road, approximately one half-mile north of Ustick Road, in Section 36, Township 4 North, Range 1 West, B.M., Ada County, Idaho. The following uses surround the subject property: North - Baldwin Park Subdivision, zoned R-8. South - Sawtooth Middle School, zoned R-4. East - Baldwin Park Subdivision, zoned R-8. West - N. Linder Road and Vacant land, zoned RUT (Ada County). The residential properties to the north and east of this property developed without providing a stub street to the subject property, and the property is limited to one point of access on Linder Road. This fact, combined with the small size and shallow (east to west) configuration of the property, makes development of the property as a residential project unfeasible. The subject property meets the criteria of the recent Comprehensive Plan text amendment for office uses on arterial roads, and it is reasonable to assume that the property would not redevelop under the Comprehensive Plan's designation of Medium Density Residential. ANNEXATION & ZONING ANALYSIS Because the analysis below applies both to the proposed use and the proposed zoning, staff has combined the analysis of use with the annexation and zoning findings. According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; The subject property is currently designated 'Medium Density Residential' on the 2002 Comprehensive Plan Future Land Use Map. The City recently approved Resolution No. 04-0454, which amended Chapter VII, Section 1, of the Comprehensive Plan to include the following language: "At the discretion of City Council, areas with a Residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or a section line road and is 3 acres in size or less in size." In this instance, no ancillary commercial uses shall be permitted." Staff finds that the subject property has frontage on an arterial street Linder Road and is less than:; acres in size (2.52 acres). According to Resolution No. 04-0454, the subject parcel is eligible for an office uselzone, if the Commission and Council find the zoning is appropriate for this site. Please see the following facts and circumstances and the Special Considerations below for further analysis of the proposed zoning designation. 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): AZ-05-0l1, PP-OS-Oll RedflSh.AZ, PP ,doc Planning & Zoning Conunission/Mayor & City Council Hearing Date: June 2, 2005 Page 3 · Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: Sanitary sewer and water service will be extended to the project at the developer's expense. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. Fire and Emergency Medical Services will be provided by Meridian City Fire Station #3. The subject lands lie within 1.5 miles of the recently opened Meridian City Fire Station #3 and lie within the Meridian Fire Department's five-minute response zone. The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. The subjeCt lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should s~iffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. · "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal I, Objective B) Staff believes that the proposed zone, which allows office uses, does contribute to the variety of use: in this area. · Provide for non-exclusive residential zoning that allows for low-impact neighborhood commercial areas to develop in residential districts. Develop standards to regulate neighborhood commercial uses to minimize the impact on the integrity of the residential district (Chapter VII, Goal IV, Objective C, Action 7). The proposed development will be restricted to professional and medical offices uses through a AZ.05-021, PP-05-021 Redfish.AZ.PP.doc Planning & Zoning CommissionlMayor & City Council Hearing Date: June 2, 2005 Page 4 Development Agreement and the recent Comprehensive Plan text amendment. The office uses will have a low-impact on the surrounding properties and will not compromise the integrity of the surrounding residential district. The project will take vehicular accessfrom N. Linder Road, an arterial, and will not disrupt the nature or character of the neighborhood. · Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties (Chapter VII, Goal IV, Objective C, Action 2). The applicant will be required to provide land use buffers between the existing single-family residences and the proposed office uses, per Meridian City Code. Staff finds that the proposed L-O zoning designation is harmonious with and in accordance with the Comprehensive Plan and the recent Comprehensive Plan text amendment. B. Is the area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is 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; Staff finds that the proposed professional/medical office development is allowed within the requested L-O zone. The uses of the property will be restricted through a Development Agreement to those uses that are allowed by the Comprehensive Plan text amendment. D. Has there been a change in the area or adjacent areas that 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; There have been no recent street improvements in the area. N. Linder Road is not currently scheduled within ACHD's Five Year Work Program or Capital Improvements Plan (CIP) for roadway widening. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. 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 existing character of the area will, and is, currently changing. Staff finds that the proposed L-O zoning and subsequent office use proposed with the concurrent preliminary plat is harmonious and appropriate to the intended character of the general vicinity. Staff recommends that the applicant be required to execute a Development Agreement with the City of Meridian to restrict hours of AZ-05-0Z1, PP-05-021 Redfish.AZ.PP.doc Planning & Zoning CommissionlMayor & City Council Hearing Date: June 2,2005 Page 5 operation, uses allowed, and the height of the structures. If this development is approved as proposed and restrictions are placed on the property through a Development Agreement, staff finds that it will not significantly change existing character of the area as noted on the Future Land Use Map in the Comprehensive Plan. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Staff finds that the use of this site for professional office/clinic purposes should not be hazardous or disturbing to existing or future neighboring uses if the applicant enters into a development agreement with the City and if the development complies with all development and landscaping ordinances. 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 planned uses in this vicinity. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and lire 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; Other urban services, such as water and sewer, are near this site and the applicant should be able to extend such services to the site. The applicant shall be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. On May 13, 2005, a j oint agency/department comments meeting was held with representatives of key service providers to this property. The detailed comments and conditions from the Fire Department, Police Department, and other agencies/departments are at the end of this report. This project approved at staff level by ACHD on May 3, 2005. Staff has reviewed the report prepared by ACHD and agrees with the recommendations it contains. Please review any comments that may be sent from ACHD between the print deadline and the hearing. 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, 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. Staff does not anticipate that the annexation and zoning will be detrimental to the AZ-05-021, PP-05-02! Redfish. AZ. PP .doc Planning & Zoning Commission/Mayor & City Council Hearing Date: June 2,2005 Page 6 community's economic welfare. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 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. Traffic congestion is an ongoing issue for north Meridian, the resolution of which is beyond the scope of this project. ACHD staff finds that the additional traffic created by the project should not be excessive. 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. 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 entrance into the site from N. Linder Road. Ifvehicular approaches are approved and constructed in accordance with ACHD policy, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. Please review the ACHD report for this project for additional information regarding this finding. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff is not aware of any natural or scenic features that may be lost, damaged or destroyed with the approval of the subject applications. 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. Any existing trees larger than 4" caliper that are removed should 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)? In accordance with the findings listed above, staff finds that the annexation/zoning of this property, as proposed by the applicant, is in the best interest of the City. ANEXATION & ZONING COMMENTS 1. The annexation legal description submitted with the application (dated 1-6-05, stamped by Stephen R. Lee, 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. AZ-05-021, PP-05-021 Redfish.AZ.PP.doc Planning & Zoning Commission/Mayor & City Council Hearing Date: June 2, 2005 Page 7 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 apolicant shall contact the City Attorney Bill Nary at 888-4433 to initiate this process. The DA shall incorporate the following: That no alterations, expansions, reconstructions or other enlargements to the existing single- family structures will be permitted except through a Certificate of Zoning Compliance (CZC) and except where 1) the use of the structure changes to a use consistent with this Development Agreement and 2) the structure meets all applicable development standards such as setbacks, frontage, height, etc That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC). 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. That the following shall be the only allowed uses on this property: professional and sales offices, personal or professional services, clinics (medical, dental and optical), and health care or social services. That the hours of operation shall be limited to 7 a.m. to 7 p.m., unless otherwise modified through a Conditional Use Permit. That any new structure(s) shall be generally compatible in appearance and bulk with the surrounding residential properties, as determined by the Planning Director, unless otherwise modified through a Conditional Use Permit. PRELIMINARY PLAT ANALYSIS Sections 12-3 -3.J.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: PRELIMINARY PLAT ANALYSIS 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 ofthis title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; See Annexation and Zoning Analysis "A" above. B. The availability of public services to accommodate the proposed development; Staff finds that public services are or will be available to accommodate the proposed development. See Annexation and Zoning Analysis "0" above. C. The continuity of the proposed development with the capital improvement program; AZ-05-021, PP-05-021 Redfish.AZ.PP.doc Planning & Zoning Commission/Mayor & City Council Hearing Date: June 2,2005 Page 8 Because the developer is installing 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 detennine 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; 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. SPECIAL CONSIDERATIONS- PRELIMINARY PLAT 1. Parkin!! Spaces: The applicant has shown approximately 21,000 square feet of buildings on the submitted plans, which would require fifty-three (53) parking spaces at the required ratio of 1 space per 400 square feet for professional office use. The applicant has shown seventy-four parking spaces on the preliminary plat, which exceeds the requirements of Meridian City Code. Specific approval of parking ratios shall be with the required Certificate of Zoning Compliance for each building. 2. Linder Road Future Ril!:ht-of-wav/Sidewalk: Per ACHD requirements, the applicant shall dedicate 23 feet (23') of additional right of way and construct a minimum 5' sidewalk along Linder Road, located a minimum of 41 feet (41') from the centerline of the right of way which ties into the existing sidewalks on the north and south. See Site Specific Condition #1 below. 3. Frontal!:e: In order to meet the L-O District requirement for 50 feet of frontage on a public street for Lots 2,3,5, and 6, the applicant shall provide the required 25-foot landscape buffer along N. Linder Road in an easement to benefit the Business Owner's Association. The submitted preliminary plat shows the landscape buffers in separate lots, which creates lots without frontage on a public street and does not conform to the L-O District standards. See Site Specific Condition #2. AZ-05-021, PP-05-021 4. Street Buffers: Linder Road abutting this site is designated on the current Ada County Long Range Highway and Street Map as an arterial street. Meridian City Code (M CC) 12-13 -10-4 requires a 25- Redfish.AZ. PP .doc Planning & Zoning Commission/Mayor & City Council Heming Date: June 2, 2005 Page 9 foot wide buffer along arterials. MCC 12-13-10-2 states that all required street buffers shall be located beyond any street right-of-way and shall be maintained by the property owner upon which the buffer lies. The applicant shall be required to place the 25 feet of future right-of-way along Linder Road in an easement to benefit the Homeowner's Association, which shall be maintained by the Business Owner's Association. See Site Specific Condition #3 below. 5. Land Use Buffers: Per Meridian City Code 12-13-12, the applicant shall provide a20-foot land use buffer between the proposed office use and the adjacent single family residences. The buffer is required along the entire contiguous property line and must contain at least one (1) tree per thirty- fi ve (35) feet if a fence of at least six feet is proposed or existing. The applicant shall provide an additional six (6) trees along the east property line and an additional three (3) trees along the north property line to fulfill this requirement. The applicant has also shown the area within the land use buffers on the east and north as drainage swales for retention of on-site storm water. The applicant shall coordinate the design of these swales and placement of trees within the swales with the City of Meridian Public Works Department. See Site Specific Condition #3 below. 6. Revise Plans: The applicant shall modify the site and landscape plans to reflect Preliminary Plat Site Specific Conditions # 12-14 below and submit 10 conies of a revised landscaDe ulan deuicting: the above-mentioned chang:es to the City Clerk at least 10 days nrior to the next nublic hearing. See Site Specific Condition #4 below. 7. Perimeter Fencing:: If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter adjacent to the vacant lands prior to issuance of a building permit. See Site Specific Condition #7 below. 8. Pressure Irril!ation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is used, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. See Site Specific Condition #6 below. SITE SPECIFIC CONDITIONS- PRELIMINARY PLAT 1. Per ACHD requirements, the applicant shall dedicate 23 feet (23') of additional right of way and construct a minimum 5' sidewalk along Linder Road, located a minimum of 41 feet (41') from the centerline of the right of way, which ties into the existing sidewalks on the north and south. 2. The applicant shall be required to eliminate Lots 1 and 7, and provide the required 25-foot landscape buffer along N. Linder Road in an easement to benefit the Business Owner's Association. AZ-05-021, PP-05-021 Redfish.AZ.PP.doc Planning & Zoning Commission/Mayor & City Council Hearing Date: June 2, 2005 Page 10 3. The applicant shall provide an additional six (6) trees within the land use buffer along the east property line and an additional three (3) trees within the land use buffer along the north property line to fulfill this requirement. The applicant has also shown the area within the land use buffers on the east and north as drainage swales forretention of on-site storm water. The applicant shall coordinate the design of these swales and placement of trees within the swales with the City of Meridian Public Works Department. 4. Submit 10 copies of a revised site plan and landscape plan in conformance with this rep0l1 and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. 5. City sewer and water services are currently available to this site from existing mains in Linder Road. The applicant shall be responsible to construct sewer and 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. Cover over sanitary sewer mains shall be no less than 3 feet from finish grade to the top of the pipe. If cover is less than 3 feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. 6. Underground pressurized irrigation shalI be provided to all buildable lots, and landscape areas on site. The applicant has indicated that Settlers Irrigation District will own and maintain this system. 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 used, 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. 7. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter adjacent to the vacant lands prior to issuance of a building permit. 8. Other than the one driveway specifically approved by ACHD, no other access to Linder Road is allowed and shall be noted on the final plat. 9. With the submittal of the final plat application, the applicant shall submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, and lot and block numbering. Make any other corrections necessary to conform. 10. Revise the preliminary plat to indicate the means and location of the storm drainage facilities. 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 shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is AZ-05-021, PP-05-02] Redfish.AZ.PP.doc Planning & Zoning Commission/Mayor & City Council Hearing Date: June 2, 2005 Page 11 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. The preliminary plat shows a proposed sewer main routing through a common lot. No large landscaping shall be allowed in the sewer easement. 12. All existing structures shall be removed prior to the City Engineer's signature on final plat. 13. The applicant shall revise the preliminary plat to show the standard City of Meridian 20-foot utility easement for the proposed sewer and water mains. 14. Any domestic wells and/or septic systems appurtenant with the two existing houses 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. 15. The applicant shall establish a Business Owner's Association for the maintenance of the common lots. STANDARD CONDITIONS- PRELIMINARY PLAT 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 3. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 4. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 5. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 6. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 7. Two-huncfred-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 subdivider1s 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. AZ-OS-021, PP-05-021 Redfish.AZ.PP.doc Planning & Zoning Commission/Mayor & City Council Hearing Date: June 2, 2005 Page 12 8. Any tree over 4" in caliper that is removed fi'Olll 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 mi tigated. 9. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 10. 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. 11. Prior to signature of the [mal plat(s) by the City Engineer, 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. that has not been completed. 12. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 13. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed~ road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 14. 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 (MCC 12-5-3). 15. Please submit 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 100-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 determining the groundwater, soil type & and characteristics during the design and construction phases. 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. If 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. AZ-05-021, PP-05-021 Redflsh.AZ. PP .doc Planning & Zoning Commission/Mayor & City Council Heating Date: June 2, 2005 Page 13 17. The Applicant shall coordinate mailbox locations with the Meridian Post Office. 18. 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. 19. Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. 20. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. Other A!!encvIDenartment Comments & Conditions SANITARY SERVICES COMPANY (SSC) 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. MERIDIAN PARKS DEPARTMENT 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 FIRE DEPARTMENT 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. Fir..e 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 of28' 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 D103.6 Signs. AZ-05-021, PP-05-021 Redfish.AZ. PP .doc Planning & Zoning Commission/Mayor & City Council Hearing Date: June 2, 2005 Page 14 5. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 6. Operational fire hydrants, temporary or pennanent 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. 8. The 5 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 2397 responses in the year 2003. 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. 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 facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 10. Maintain a separation of 5' from the building to the dumpster enclosure. 11. Provide a J(noxbox entry system for the complex prior to occupancy. 12. The applicant shall work with city staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 13. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 14. Provide exterior egress lighting as required by the International Building & Fire Codes. 15. \Vhere a portion of the facility or building hereafter constructed orrnoved 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). AZ-05-021, PP-D5-021 Redfish.AZ.PP.doc Planning & Zoning Commission/Mayor & City Council Hearing Date: June 2, 2005 Page 15 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. RECOMMENDA TION Staff recommends approval of the submitted Preliminary Plat (PP-05-011) and Conditional Use Permit (CUP-05-013) applications, with the conditions listed herein. AZ-05-021, PP-OS-02J Redfish.AZ.PP.doc CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the matter of a request for Annexation and Zoning of 2.78 Acres from RUT (Ada County) to L-O (Limited Office) and Preliminary Plat Approval of Five (5) building lots and Two (2) other lots on 2.521 acres in a proposed L-O Zone for Redfish Subdivision, by Ben Miller. Case No. AZ-05-021, PP-05-021 For the City Council Hearing Date of: July 12, 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 matters were duly considered by the City Council at the July 12, 2005, public hearing. 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 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO, AZ-05-021, PP-05-021 - PAGE 1 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 of record at the time of issuance of these findings is Ben Miller. 4. Required Findings per Zoning and Subdivision Ordinances a. See Exhibit D for the findings required for each application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use 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, 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 S11-17-9. 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 3/13/05 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: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 3/13/05 is hereby conditionally approved; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ-05-021, PP-05-021 - PAGE 2 of 4 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits (as applicable) 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 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. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (3/13/05, with conditions) Exhibit C: Conditions of Approval Exhibit D: Annexation and Zoning and Preliminary Plat Required Findings By action of the City Council at its regular meeting held on the ~ 71d7- ,2005. ! z..jL-- day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ COUNCIL MEMBER CHRISTINE DONNELL CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER CASE NO. AZ-05-021, PP-05-021 - PAGE 3 of 4 COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ VOTED /l1J~ COUNCIL MEMBER KEITH BIRD MA YOR TAMMY de WEERD (TIE BREAKER) VOTED_ and City Attorney. ~1u OJY~A.~ IN'- Ity Clerk's Office Dated: --r -13 -OS CITY OF MERlDlAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO. AZ-05-021, PP-05-021 - PAGE 4 of 4 EXHIBIT A Redfish Subdivision AZ-05-021, PP-05-021 Legal Description MILLER PROPERTY ANNEXATION A parcel of land located In the southwest quarter of the northwest quarter of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Meridian, Idaho and descnbed as follows Beginning at a brass cap monument marking the southwest corner of said northwest quarter of Section 36 and the centerline of N Linder Road from which a brass cap monument marking the northwest corner of said northwest quarter of Section 36 bears N 00"15'17" E a distance of 2634.71 feet, thence leaving said centerline along the South line of said northwest quarter S 89009'05" E a distance of 27336 feet to a 5/8 inch rebar from which the center one-quarter corner of said Section 36 bears S 89009'05" E a distance of 2398.46 feet, thence leaving said South line along the boundary line of BaldWin Park Subdivision No.1 as recorded in book 85, page 9516 of plats, Ada County. Idaho N 00015'17" E a distance of 43664 feet to a 5/8 inch rebar, thence N 86"36'03" W a distance of 225 69 to a 5/8 inch rebar; thence leaVing said boundary line of Baldwin Park SubdivIsion No.1 and contll1uing N 86036'03" W a distance of 4807 feet to the West line of said southwest quarter and the centerline of said N. Linder Road; thence along said West line S 00015'17" W a distance of 448.82 feet to the POINT OF BEGINNING Sa Id parcel conta inS 121 ,018 sq ft. or 2 78 acres more or less and is subject to any easements and/or flghts-of-ways on record or Implied >~~~~~~ ~~~f,IC hi~' Legal Description for REDFISH SUBDIVISION Exterior Boundary A parcel 0 fland being a portion of the S W 1/4 of the NW I/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and more paJ1icuhu.ly described as follows: Commencing at a brass cap marking the NW Comer of said Section 36, thence along the West line of said Section 36, also being the centerline ofN. Linder Road, SOoo15'1 T'W a distance of2634.71 feet (fonnerly 2634.81 feet) to a brass cap marking the SW Comer of the NW1I4 of said Section 36, thence leaving said West line and along the South line of the NW1I4 of said Section 36, S89009'05"E a distance of25.00 feet to a 5/8 mch rebar on the East right-of-way line of said N. Linder Road being the POiNT OF BEGINNING; Thence leaving said South line and along said East right-of-way line NODol5 '17"E a distance of 447.71 feet to a 5/8 inch rebar; Thence leaving said East right-of-way line and along the South line of Lots 1,6 and 7 Block 4 of BALD WIN PARK SUBDIVISrON NO. } as shown on the official Plat, recorded in Book 85 of Plats at pages 9516 and 9517 records of Ada County, Idaho, S86036'Or E a distance of 248.72 feet to a 5/8 inch rebar marking an angle point in the South line of said Lot 7 also being the NW Comer of Lot 9 of said Block 4; Thence leaving said South line and along the West line oLLots 9 through 12 and 15 of said Block 4 SOoo15' 17"W a distance of 436.64 [eel (formerly a distance of 436.73 feet) to a 5/8 inch rebar marking the SW Comer of said Lot 15 also being on the South line of said NW 1/4; Thence leaving the West line of said Block 4 and along the South line of said NW 114 N89"09'D5"W a distance of 24836 feet to the POINT OF BEGINNlNG; Said parcel contains approximately 109,8] 2 square feet or 2.52 acres, more or less and is subject to all exisling easements and rights-of-ways of record or implied. EXHIBIT B Redfish Subdivision AZ-05-021, PP-05-021 Approved Preliminary Plat ;~: -.-- '~. EXHIBIT C Redfish Subdivision AZ-05-021, PP-OS-021 Conditions of Approval (With deletions and additions in stril{eoutlunderline) ANEXATION & ZONING COMMENTS 1. The annexation legal description submitted with the application (dated 1-6-05, stamped by Stephen R. Lee, 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. 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: · That no alterations, expansions, reconstructions or other enlargements to the existing single-family structures will be penuitted except through a Certificate of Zoning Compliance (CZC) and except where 1) the use ofthe structure changes to a use consistent with this Development Agreement and 2) the structure me~ts all applicable development standards such as setbacks, frontage, height, etc · That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance (CZC). · 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. · That the following shall be the only allowed uses on this property: professional and sales offices, personal or professional services, clinics (medical, dental and optical), and health care or social services, or a davcare center with a Conditional Use Pennit. · That the hours of operation shall be limited to '7 a.FR. te '7 13.m. 6 a.m. to 10 l2..:.!!h, unless otherwise modified through a Conditional Use Permit. · That any new structure(s) shall be generally compatible in appearance and bulk with the surrounding residential properties, as determined by the Planning Director, unless otherwise modified through a Conditional Use Permi 1. SITE SPECIFIC CONDITIONS- PRELIMINARY PLAT I. Per ACHD requirements, the applicant shall dedicate 23 feet (23') of additional right of way and construct a minimum 5' sidewalk along Linder Road, located a minimum of 41 feet (41') from the centerline of the right of way, which ties into the existing sidewalks on the north and south. 2. The applicant shall be required to eliminate Lots 1 and 7, and provide the required 25- foot landscape buffer along N. Linder Road in an easement to benefit the Business Owner's Association. 3. The applicant shall provide an additional six (6) trees within the land use buffer along the east property line and an additional three (3) trees within the land use buffer along the north property line to fulfill this requirement. The applicant has also shown the area within the land use buffers on the east and north as drainage swales for retention of on-site storm water. The applicant shall coordinate the design of these swales and placement of trees within the swales with the City of Meridian Public Works Department. 4. Submit 10 copies of a revised site plan and landscape plan in confonnance with this report and the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. 5. City sewer and water services are currently available to this site from existing mains in Linder Road. The applicant shall be responsible to construct sewer and 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. Cover over sanitary sewer mains shall be no less than 3 feet from finish grade to the top of the pipe. If cover is less than 3 feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. 6. Underground pressurized irrigation shall be provided to all buildable lots, and landscape areas on site. The applicant has indicated that Settlers Irrigation District will own and maintain this system. 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 used, 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. 7. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter adjacent to the vacant lands prior to issuance of a building permit. 8. Other than the one driveway specifically approved by ACHD, no other access to Linder Road is allowed and shall be noted on the final plat. 9. With the submittal of the final plat application, the applicant shall submit a copy of the Ada County Street Name Committees final approval letter for the subdivision name, and lot and block numbering. Make any other corrections necessary to conform. 10. Revise the preliminary plat to indicate the means and location of the storm drainage facilities. 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 shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 11. The preliminary plat shows a proposed sewer main routing through a COlnmon lot. No large landscaping shall be allowed in the sewer easement. 12. AU existing structures shall be removed prior to the City Engineer's signature on final plat. 13. The applicant shall revise the preliminary plat to show the standard City of Meridian 20-foot utility easement for the proposed sewer and water mains. 14. Any domestic wells and/or septic systems appurtenant with the two existing houses 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. 15. The applicant shall establish a Business Owner's Association for the maintenance of the common lots. STANDARD CONDITIONS- PRELIMINARY PLAT 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 3. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 4. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 5. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 6. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 7. 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 subdivider1s 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 Deparimeqt prior commencing installations. 8. 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. 9. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 10. 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. 11. Prior to signature of the final plates) by the City Engineer, 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. that has not been completed. 12. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 13. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 14. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plat(s), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided (MCC 12-5-3). 15. Please submit 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 stonns up to and including a 1 GO-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 determining the groundwater, soil type & and characteristics during the design and construction phases. 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, alternative plans shall be reviewed and approved by the meridian City Engineer prior to final plat signature. ] 7. The Applicant shall coordinate mailbox locations with the Meridian Post Office. 18. 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. - 19. Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. 20. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. Other Ae:encv/DeDartment Comments & Conditions SANITARY SERVICES COMPANY (SSC) 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. MERIDIAN PARKS DEPARTMENT 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 FIRE DEPARTMENT 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 1'2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing pennits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the 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 D 103.6 Signs. 5. Fire lanes and streets shall have a vertical clearance of 13' 6". This includes mature landscaping. 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. 8. The 5 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 2397 responses in the year 2003. 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. 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 facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 10. Maintain a separation of5' from the building to the dumpster enclosure. 11. Provide a Knoxbox entry system for the complex prior to occupancy. 12. The applicant shall work with city staff to provide an address identification plan including a pylon/monument sign at the required illtersection(s). 13. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. l4. Provide exterior egress lighting as required by the International Building & Fire Codes. 15. Where a portion ofthe 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. EXHIBIT D Redfish Subdivision AZ-05-021, PP-05-021 Required Findings ANNEXATION & ZONING ANALYSIS Because the analysis below applies both to the proposed use and the proposed zoning, staff has combined the analysis of use with the annexation and zoning findings. According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." 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 currently designated 'Medium Density Residential' on the 2002 Comprehensive Plan Future Land Use Map. The City recently approved Resolution No. 04-0454, which amended Chapter VII, Section 1, of the Comprehensive Plan to include the following language: "At the discretion of City Council, areas with a Residential Comprehensive Plan designation may request office uses if the property has frontage on an arterial street or a section line road and is 3 acres in size or less in size." In this instance, no ancillary commercial uses shall be permitted." Staff finds that the subject property has frontage on an arterial street Linder Road and is less than 3 acres in size (2.52 acres). According to Resolution No. 04-0454, the subject parcel is eligible for an office use/zone, if the Commission and Council find the zoning is appropriate for this site. Please see the following facts and circumstances and the Special Considerations below for further analysis of the proposed zoning designation. The following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan are applicable to this application: · Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: Sanitary sewer and water service will be extended to the project at the developer's expense. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. Fire and Emergency Medical Services will be provided by Meridian City Fire Station #3. The subject lands lie within 1.5 miles of the recently opened Meridian City Fire Station #3 and lie within the Meridian Fire Department's five-minute response zone. The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department,~ the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. · "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal I, Objective B) The proposed zone, which allows office uses, does contribute to the variety of uses in this area. · Provide for non-exclusive residential zoning that allows for low-impact neighborhood commercial areas to develop in residential districts. Develop standards to regulate neighborhood commercial uses to minimize the impact on the integrity of the residential district (Chapter VII, Goal IV, Objective C, Action 7). The proposed development will be restricted to professional and medical offices uses through a Development Agreement and the recent Comprehensive Plan text amendment. The office uses will have a low-impact on the surrounding properties and will not compromise the integrity of the surrounding residential district. The project will take vehicular access from N Linder Road, an arterial, and will not disrupt the nature or character of the neighborhood. · Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties (Chapter VII, Goal IV, Objective C, Action 2). The applicant will be required to provide land use btifJers between the existing single-family residences and the proposed office uses, per Meridian City Code. City Council finds that the proposed L-O zoning designation is harmonious with and in accordance with the Comprehensive Plan and the recent Comprehensive Plan text amendment. B. Is the area included in the zoning amendment intended to be rezoned in the future; City Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is 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; City Council finds that the proposed professional/medical office development is allowed within the requested L-O zone. The uses of the property will be restricted through a Development Agreement to those uses that are allowed by the Comprehensive Plan text amendment. D. Has there been a change in the area or adjacent areas that 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; There have been no recent street improvements in the area. N. Linder Road is not currently scheduled within ACHD's Five Year Work Program or Capital Improvements Plan (CIP) for roadway widening. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. 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 existing character of the area will, and is, currently changing. City Council finds that the proposed L-Q zoning and subsequent office use proposed with the concurrent preliminary plat is hannonious and appropriate to the intended character of the general vicinity. The applicant shall be required to execute a Development Agreement with the City of Meridian to restrict hours of operation, uses allowed, and the height of the structures. If this development is approved as proposed and restrictions are placed on the propel1y through a Development Agreement, City Council finds that it will not significantly change existing character of the area as noted on the Future Land Use Map in the Comprehensive Plan. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council finds that the use of this site for professional office/clinic purposes should not be hazardous or disturbing to existing or future neighboring uses if the applicant enters into a development agreement with the City and if the development complies with all development and landscaping ordinances. 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 an)' of such services; Other urban services, such as water and sewer, are near this site and the applicant should be able to extend such services to the site. The applicant shall be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. On May 13, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. The detailed comments and conditions from the Fire Department, Police Department, and other agencies/departments are at the end ofthis report. This project approved at staff level by ACHD on May 3, 2005. City staff has reviewed the report prepared by ACHD and agrees with the recommendations it contains. Based on the comments received from other agencies/departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; The developer will be financing the extension of sewer, water, utilities and inigation services to serve the project. The primary public costs to serve the future residents will be fire, police, school facilities and services. City Council finds there will not be excessive additional requirements at public cost. City Council does not anticipate that the annexation and zoning will be detrimental to the community's economic welfare. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council 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. Traffic congestion is an ongoing issue for north Meridian, the resolution of which is beyond the scope of this project. ACHD staff finds that the additional traffic created by the project should not be excessive. City Council does not anticipate that annexation and development in accordance with current city code and the Comprehensive Plan will create excessive noise, smoke, fumes, glare, or odors. J. Will the area have vehicular approaches to the property which shaD be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct one entrance into the site from N. Linder Road. If vehicular approaches are approved and constructed in accordance with ACHD policy, City Council finds that the subdivision will not create interference with traffic on the surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and City Council is not aware of any natural or scenic features that may be lost, damaged or destroyed with the approval of the subject applications. Any existing trees larger than 4" caliper that are removed should 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)? In accordance with the findings listed above, City Council finds that the annexation/zoning of this property, as proposed by the applicant, is in the best interest of the City. PRELIMINARY PLAT ANALYSIS 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 Development Plan; See Annexation and Zoning Analysis "A" above. B. The availability of public services to accommodate the proposed development; City Council finds that public services are or will be available to accommodate the proposed development. See Annexation and Zoning Analysis "0" above. C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, 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. (See finding "0" 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. City Council finds that there should not be any health, safety or enviromnental problems associated with this subdivision that should be brought to the Councilor Commission's attention; no hazardous natural features have been identified on the site. ACHD considers road safety issues in their analysis. BEFORE THE MERIDIAN CITY COUNCIL C/C July 12, 2005 IN THE MATTER OF THE APPLICATION FOR RECORDING THE FINAL PLAT FOR MUSSELL CORNER SUBDIVISION LOCATED ON THE NORTHEAST CORNER OF SOUTH MERIDIAN ROAD AND WEST VICTORY ROAD IN THE SW Y<l OF T. 3N., R. IE., SECTION 19, MERIDIAN, IDAHO. CASE NO. TE-05-006 ORDER GRANTING A ONE YEAR TIME EXTENSION FOR RECORDING THE FINAL PLAT BY: PINNACLE ENGINEERS, INC. APPLICANT This matter coming on regularly before the City Council on July 12, 2005, upon the Applicant's time application for a one year extension within which to record the Mussell Comer Subdivision Final Plat, which was originally approved on July 20,2004, 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 of time until July 20, 2006, of this Order within which to record the Pinal Plat for the above entitled subdivision application. By the action of the City Council at its regular meeting on the 121h day of )i \ t I) ,2005. ORDER GRANTING A ONE YEAR TIME EXTENSION FOR RECORDING THE FINAL PLAT FOR MUSSELL CORNER SUBDNISION (TE-05-006) Page 1 of2 DATED this \2t\\ day of :}Lt \ t ) ,2005. Attest: ent, Public Works, and the City j, Copy served upon Applicant, Attorney. B~nA~rA~n2N'- City Clerk's Office Dated: B-1 ~ 05 ORDER GRANTING A ONE YEAR TIME EXTENSION FOR RECORDING THE FINAL PLAT FOR MUSSELL CORNER SUBDIVISION (TE-05-006) Page 2 of2 BEFORE THE MERIDIAN CITY COUNCIL C/C July 12,2005 IN THE MATTER OF THE APPLICATION OF PINNALCE ENGINNERS, INC. FOR MISCELLANEOUS APPROVAL TO CONNECT TO THE CITY WATER SYSTEM AS THE PRIMARY SOURCE OF IRRIGATION WATER LOCATED AT 1236 EAST 2 12 STREET CASE NO. MI-05-007 ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION This matter coming before the City Council for Miscellaneous Application approval pursuant to Meridian City Code S 12-3- 1. B for miscellaneous approval to connect to the city water system as the primary source of irrigation water for Troy Place Subdivision by Pinnacle Engineers, Inc., and the Council finding that the Administrative Review is complete from Michael Cole, Development Services Coordinator, for the Public Works Department, dated: Hearing Date: July 12, 2005 to the Mayor and Council, the council takes the following action: IT IS HEREBY ORDERED THAT: 1. The subject application by Pinnacle Engineers, Inc., is approved subject to those conditions of Staff comments as set forth in the memorandum to the ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION TO CONNECT TO THE CITY WATER SYSTEM AS THE PRIMARY SOURCE OF IRRIGA TIONW A TER BY PINNACLE ENGINEERS, INC. (MI-05-007) Page 1 of3 Mayor and City Council, from Michael Cole, Development Services Coordinator, for the Public Works Department, dated: Hearing Date: July 12, 2005, a true and conect of which is attached hereto marked Exhibit "A", and consisting of 2 pages, and by this reference incorporated herein, and the response letter from Ada County Highway District, a true and conect copy of which is attached hereto marked Exhib i t "B" and consisting of 1 page, and by this reference incorporated herein. 2. The Record of Survey (ROS) upon which there is contained the certificate and signature of the City Engineer verifYing that the drawing meets the City's requirements shall be signed only at such time as: 1. The ROS 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 ORDER OF CONDITIONAL APPROVAL OF MISCELLANEOUS APPLICATION TO CONNECT TO THE CITY WATER SYSTEM AS THE PRIMARY SOURCE OF IRRIGATION WATER BY PINNACLE ENGINEERS, INC. (MI-OS-007) Page 2 00 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 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 l d1-h day of :Iu-ly ,2005. Attest By: I William G. Berg, Jr., City C erk~ -... Copy served upon Applicant, the Pla City Attorney. '\"~""'-tr" By:\ ~ClJ\ il rY\ ~ I i IV.. J City Clerk's Office l partment, Public Works Department, and '"r~ >\~ ~I"'I"; -.I ~"" p.,:;;.;>I Dated: ~.~-('f; ORDER OF CONDITIONAL AFPROV AL OF MISCELLANEOUS APPLICATION TO CONNECT TO THE CITY WATER SYSTEM AS THE PRIMARY SOURCE OF IRRIGATION WATER BY PINNACLE ENGINEERS, INC. (MI-OS-OO?) Page 3 of3 MA YOR Tammy de Weerd CITY HALL (208) 888-4433 - Fax 8874813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 LEGAL DEPARTMENT (208) 888-4433 CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Rountree MEMORANDUM: Transmittal Date: July 12, 2005 City Council Hearing Date: July 12, 2005 To: Mayor and City Council Prom: Michael Cole, Development Services CoordinatorlYl C Subject: Troy Place Subdivision, MI · Request to amend conditions of the conditional use permit approval, specifically the requirement to allow potable water for the pressurized irrigation in Troy Place Subdivision. Staff has reviewed the above referenced submittal and offers the following comments. APPLICATION SUI\1l\fARY & mSTORY The applicant, Zane R. Johnson, is requesting to amend conditions of the conditional use permit, specifically the requirement to allow city water be the main source of the pressurized irrigation system. In 2004, a Combined Preliminary/Final Plat and CUP/PD application was approved for this site. Then in 2005 an application was submitted to amend the previously approved CUP. Staff is recommending approval of the application with the conditions included herein. LOCATION & SURROUNDING USES The subject property is located on the east side of East 21;1 Street, generally east of Main Street and approximately 1,300- feet south of Fairview Avenue, in Section 7, Township 3 North, Range 1 East. MI-05-007 Exhibit "A" Page I The following uses surround the subject building site: North: Single-family residential, zoned R-15 / Vacant, zoned R-15 South: Salon/Spa, zoned R-15 / Single-family residential, zoned R-15. East: Multi-family residential, zoned R-15 West: Multi-family residential (duplex), zoned R-15 / Cole Valley Christian School, zoned L-Q OWNER OF RECORD The current property owner, Mark Russel, has submitted notarized consent for Pinnacle Engineers to submit the subject application. STAFF ANALYSIS The applicant is required per Meridian City Code to provide underground pressurized irrigation to all lots in a new subdivision. All irrigation systems must use non-potable water for the primary source if deemed to be available. The applicant has submitted a letter stating that the available irrigation water to this parcel is insufficient to supply a pressurized irrigation system. The development consists of .67 acres with the landscaped area being only .14 acres, and .07 acres of irrigated grass. SITE SPECIFIC CONDITIONS OF APPROVAL 1. The applicant shall install a pressurized irrigation system using potable water as its main source. The system shall be designed and installed to Nampa and Meridian Irrigation District Standards. The system may use one single-point connection to the City water system as its main source. The applicant shall be responsible to pay Well Development fees for each lot in the subdivision that is being served by this system; the fee is currently $865.61 as of October pi, RECOMMENDATION Staff recommends approval of MI 05-006 application with the above stated comments and conditions. MI-05-007 Exhibit "A" Page 2 Right-af-Way & Development Department Planning Review Division (Jo~ui-:to ~~ John S. \Oranden, President SherlY R. Huber, 1st Vice President David Bivens, 2nd Vice President Carol A. McKee, Commissioner Rebecca W. Arnold, Commissioner April 13, 2005 . ~6'~ ~,rcl-C5,,~~-':) TO: Pinnacle Engineers, Inc. 12552 W Executive Dr Boise, ID 83713 SUBJECT : MI~05-007 Irrigation Water Source 1236 East 2 Y2 Street On February 24, 2004, the Ada County Highway District Commission acted on PFP-04-00 1/Troy Place Subdivision. The conditions and requirements also apply to MI-05-007. · You will need to submit final plans to the ACHD DeveloDment Review DeDartment prior to receiving final approval. · A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding impact fees. If you have any questions, please feel free to contact me at (208) 387-6171. Sincerely, K CUi--- IIJ~ Karen Anderson Planner 1, Planning Division Right-of- Way and Development Services Project File, Construction Services Meridian City Mark Russell P.O. Box 6619 Boise, ID 83707 L~hibil"Il'. Ada County Highway District. 3775 Adams Street. Garden City, 10 .83714. PH 208-387-6100. FX 345-7650. www.achd.ada.id.us BEFORE THE MERIDIAN CITY COUNCIL C/C July 12, 2005 IN THE MATTER OF THE APPLICATION OF LONNIE JOHNSON FOR FINAL PLAT APPROVAL OF 34 RESIDENTIAL BUILDING LOTS AND 5 COMMON LOTS ON 9.8 ACRES IN AN R-8 ZONE LOCATED AT 4205 NORTH LOCUST GROVE ROAD IN A RE- SUBDIVISON OF LOT 11 OF CRESTWOOD SUBDIVISION NO.1 LOCATED IN A PORTION OF THE S % OF THE NE y.; OF T. 4N., R. IE., SECTION 31 CASE NO. FP-05-039 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code g 12-3-7 on July 12,2005, 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 12, 2005, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING ALEXANDRIA SUBDNISION IN A RE- SUBDNISION OF LOT 11 OF CRESTWOOD SUBDIVISION NO. 1 LOCATED ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ALEXANDRIA SUBDIVISION / (FP-05-039) Page 10f5 IN A PORTION OF THE S Y2 OF THE NE \4 OF T. 4N., R. IE., SECTION 31, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: 06/03/05, SHEET 1 OF 2, B&A ENGINEERS, INC.", LONNIE JOHNSON, 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 Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: July 12, 2005, listing 27 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 16 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 6 pages, and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their July 12, 2005 meeting as follows, to-wit 1.1 Adopt the action of the City Council taken at their July 12, 2005 meeting specifically pertaining to the Staff Report, under Conditions of Approval, number 18 and General Requirements, number 7, such that they now read as follows: 18. Perimeter fencing (6 ft. tall selia material) is rOEll:lirea arSl:lRa the eBaRaat') sf the ~ to be installed as shown on the fencing ulan and as shown on the oreliminary I2lill.,. Include fencing for the southern boundary adjacent to the existing residence if none is in existence and along the eastern boundary adjacent to N. Locust Grove Road. Iffencing is in existence, show as such on the landscape plan. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ALEXANDRIA SUBDIVISION / (FP-05-039) Page 2 of5 7. Two-hundred-fifty and 100-watt, high- pressure sodium streetlights, or other street light aDoroved bv the City of Meridian 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 detennined 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. 1.2 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run~offis not to create a mosquito breeding problem; and it is suggested that the storm water be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stonnwater disposal and design a stormwatermanagement system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. ORDER OF CONDITIONAL APPRO V AL OF FINAL PLAT FOR ALEXANDRIA SUBDIVISION / (FP-05-039) Page 3 of5 2. Stonnwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifYing that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 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 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ALEXANDRIA SUBDIVISION / (FP-05-039) Page 4 of5 By action of the City Council at its regular meeting held on the "2 th day of J~ ,2005. By: ~ Tammy e . .___ Mayor, City 0 Meridian Attest: Copy served upon Applicant, the ~l City Attorney. )~\;"~,, J . By: h.;\(l i \1 ~ h t ~ IV'-- '(:;'ity Clerk's Office ,~ , J ,~~~rtment, Public Works Department, and <.1"/ Dated: 8' ~ d -a:::, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR ALEXANDRIA SUBDMSION I (FP-05-039) Page 5 of5 MA YOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine DonneI1 Shaull Wardle Charles M. Rountree ~, IDAHO ~0l:01/D" . ~" ~ ~ ~~I \' V I' jY /,y PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 . Fax (208)898-9551 PLANNING AND ZONING DEPARTMENT (208) 884-5533. FAX 888-6854 STAFF REPORT: Hearing Date: July 12, 2005 Transmittal Date: July 7,2005 To: Mayor and City Council Sonya Allen, Assistant City Planner (fit Michael Cole, Development Services Coordinator M c.. From: Re: Alexandria Subdivision Request for Final Plat approval of 34 Single-family Residential Building Lots and 5 Common Area Lots on 9.8 Acres in an R-8 Zone by Lonnie Johnson (File No. FP-05-039). 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, Lonnie Johnson, has applied for final plat approval of 34 single-family residential building lots and 5 common area lots on 9.8 acres of land for Alexandria Subdivision. The zoning designation for the proposed subdivision is R-8 (Medium Density Residential). The proposed gross density of the subdivision is 3047 dwelling units per acre. The proposed net density is 4.33 dwelling units per acre. Alexandria Subdivision is located at 4205 N. Locust Grove Road (on the west side ofN. Locust Grove Road, approximately 1,700 ft. south of McMillan Road), in the NE \4 of Section 31, TAN., R.IE. This subdivision is a re-subdivision of Lot 11, Crestwood Subdivision No.1. A conditional use permit/planned development was approved for this subdivision which allowed for reductions to the minimum requirements for the following: lot size (from 6,500 s.f. to 5,300 s.f.), lot frontage (from 65-ft. to 42-ft.), and setbacks (l8-ft. alley rear setback (garage) for the ten alley-loaded lots and from 20-ft. to 12-ft. for street side). The following amenities were approved with the planned development: over 10% open space, a tot lot, and two gazebos (at least 16-ft. diameter). FP-OS-039 Exhibit "A" Alexandria Sub FP.doc Mayor & City Council Hearing Date: July 12, 2005 Page 2 The submitted final plat substantially complies with the approved preliminary plat. Staff recommends approval of Alexandria Subdivision with the comments and conditions stated in this repoli. SITE SPECIFIC COMMENTS I FINAL PLAT 1. Applicant is to meet all terms of the approved annexation (AZ-04-011), conditional use pennit (CUP-04-015), and preliminary plat (PP-04-017) for this subdivision. 2. Fencing must be in compliance with MCC 12-4-10 and 12-13-15-9. 3. The preliminary plat graphically depicted common parking easements, if conTIllon driveways are still being proposed, graphically depict those easements. Water meters located in common driveways shall consist of upgraded materials per Meridian specification 7.08(w) note 3. 4. Label on the face ofthe plat the "Real Point of Beginning". 5. The western boundary of this property abuts Cobre Basin #3. Please include this on the face of the plat. 6. The bearing, of the western boundary line of this subdivision, differs significantly from the bearing of record. Please include the bearing of record, in parenthesis, on the face of the plat. 7. The sum of the lot dimensions does not equal the exterior boundary distance on the northern property line of this development. It appears that Lot 2 Block 3 should be 140.94 feet instead of the depicted 158.86 feet. Applicant shall confirm this and make the necessary corrections to conform. 8. On the face of the plat in the southwest corner there seems to be a distance of IS-feet called out to a non-existent pin. It appears that the measurement of the interior distance of Lot 7, Block 1; is incorrectly labeled as 290.85 feet and should be labeled as 305.85 feet. Applicant shall confirm this and make the necessary corrections to conform. 9. The 15- foot section, located to the south of the proposed development, labeled as "R -o- W dedicated to the public" shall either include the instrument number, or be included in the area to be platted. This shall include a legal description in the Certificate of Owners, and signature of the owner of the land. 1 o. Revise or add the following easement notes on tl1e face of the plat dated 6/3/05: FP-05-039 Exhibit "A" Alexandria Sub FP.doc Mayor & City Council Hearing Date: July 12, 2005 Page 3 (8.)"A lO-foot wide Public Utilities, Drainage and Irril!ation easement is hereby designated adjoining all public rights-of-ways and the exterior boundary of this subdi visi on." (9.)"A to-foot wide Public Utilities, Drainage and Irril!ation easement is hereby designated centered on interior lot lines and along eaeh ef the side and rear lot lines, that are BemmeR to t e ef mere lets." 11. Revise or add the following notes on the face of the plat dated 6/3/05: (4.) "Direct lot access to North Locust Grove Road is prohibited unless s13eeifieaIl) aIle. ea B) the ^ c:la Cel:lFlt) High. a) DistFiet ailEl the Cit) ofHeridiaa." (8.) ".. . zoning regulations of the City of Meridian and CUP-04-015." (10.) Strike note. No longer required on plat. (14.) Add note: "Lot 2 Block 4 contains a common drive easement for the benefit of Lots 1 & 2 Block 4. Lots 3 & 4 are prohibited from hayinQ: direct access to the common drivewav located on Lot 2 Block 4." (15.) Add note: "Fencing adiacent to pathways or common area lots shall not be over four feet in heiQ:ht if constructed of a solid material." (16.) Add note: "If fencinl! is constructed on any lot affected by the common open area easement said fencinl! shall be placed on the easement line and not the orooerty line. " (17.) Add note: "The owner of each lot across which Dasses an irrigation/drainal!e ditch or pipe is responsible for the maintenance thereof unless such responsibilitv is assumed by an irrigation/drainal!e district." 12. The landscape plan, dated 6/2/05, shall be revised as follows: a. Show contours for all drainage swales. b. Sod is not allowed in storm drainage swales, replace with seed in these areas. c. Include fencing plan and detail on the landscape plan. d. Show cross section of a min. 3-ft. high berm or other feature to screen westbound automobile headlights form the residence on Lot 2, Block 3. e. Show contours for all benns indicated on the plan. f. Street trees are required along the south side of E. Star Drive (1 per 35' lineal feet). Minimum 5-ft. wide parkway (measured from back of curb to sidewalk) is required in this area. Please submit three (3) copies of the revised landscape plan to the Planning & Zoning Department prior to signature on the final plat. 13. 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 used, 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. FP-05-039 Exhibit "A" Alexandria Sub FP.doc Mayor & City Council Hearing Date: July 12, 2005 Page 4 14. All irrigation ditches, laterals or canals, exclusive of natural watelways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. 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, alternate plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 15. 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. 16. If a common drive is proposed for Lots 2 & 3, Block 3, graphically show this easement. 17. Reconfigure Lots 2-6, Block 1 to reflect the requirement for a 5-ft. wjde parkway on the south side ofE. Star Drive. 18. Perimeter fencing (6-ft. tall solid material) is required around the boundary of the subdivision. Include fencing for the southern boundary adjacent to the existing residence ifnone is in existence and along the eastern boundary adjacent to N. Locust Grove Road. If fencing is in existence, show as such on the landscape plan. 19. A sign permit is required for the subdivision identification sign that will be located on Lot 1, Block 3. 20. Reduce the common drive shown on Lot 2, Block 4 to 149-ft. in length ill: submit details for an approved fire truck turnaround on Lot 2, Block 4 prior to signature on the final plat by the City Engineer. 21. The common drive on Lot 2, Block 4 shall consist of a 20-ft. wide improved hard surface capable of sustaining 70,000 lbs. 22. All areas being counted toward the open space requirement shall be free of "wet ponds" or other such nuisances. 23. Sanitary sewer service to this site shall be via main line extensions from the adjacent Razzberry Crossing Subdivision. The applicant shall be responsible to construct the sewer 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. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the top of the pipe. If cover is less than 3-feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. Applicant shall execute City of Meridian standard forms of easements for any mains that are required to provide service. 24. Water service to this site shall be via main line extensions from the adjacent Razzberry Crossing Subdivision. The applicant shall be responsible to construct water mains to and FP-05-039 Exhibit "A" Alexandria Sub FP.doc Mayor & City Council Hearing Date: July 12, 2005 Page 5 through this proposed development, thereby making them available to adjacent properties. Coordinate main size and routing with Public Works. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 25. All sewer and water mains, not located in ACHD right-of-way shall be centered in 20- foot wide easements. 26. The applicant shall be responsible for payment of and the actual physical sanitary sewer and domestic water connection for the existing house on Lot 4, Block 4. 27. Staffs failure to cite specific ordinance provisions, or terms of the approved annexation, conditional use permit, 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 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. 2. Street signs are to -be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 7. Two-hundred-fifty and 100-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. FP-05-039 Exhibit "A" Alexandria Sub FP.doc Mayor & City Council Hearing Date: July 12, 2005 Page 6 Final design locations and quantity are detelmined 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. 8. Compaction test results must be submitted to the Meridian Building Depmtment for all building pads receiving engineered backfill, where footing would sit atop fill material. 9. Applicant shall 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 100-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies detennining the groundwater, soil type & and characteristics during the design and construction phases. 10. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 11. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Army Corps of Engineers. 12. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 13. 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. 14. All grading of the site shall be performed in conformance with MCC 11-12-3H. 15. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 16. Developer shall coordinate mailbox locations with the Meridian Post Office. STAFF RECOMMENDATION Staff recommends approval of the final plat with the above stated comments and conditions. FP-05-039 Exhibit "A" Alexandria Sub FP.doc BEFORE THE MERIDIAN CITY COUNCIL C/C July 12, 2005 IN THE MATTER OF THE APPLICA TION OF SAGEWOOD DEVELOPMENT, INC. FOR FINAL PLAT APPROVAL OF43 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 1 COMMON LOT ON 9.88 ACRES IN AN R-8 ZONE LOCATED NORTH OF USTICK AND NORTH LINDER ROAD IN A PORTION OF THE NE y,; OF THE SW % OF T. 4N., R. lW., SECTION 36 CASE NO. FP-05-041 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter ~coming before the City Council for Final Plat approval pursuant to Meridian City Code g 12-3-7 on July 12, 2005, and the Council finding that the Administrative Review is complete from 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 12,2005, 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 HPLA T SHOWING SIENNA CREEK SUBDIVISION NO. 3 LOCATED IN A PORTION OF THE NE \4 OF THE SW \4 OF T. 4N., R. lW., SECTION 36, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SIENNA CREEK SUBDNISION NO. 3/ (FP-05-041) Page 1 of4 HANDWRITTEN DATE: OS/25/05, SHEET 1 OF 3, BAILEY ENGINEERING, INC.", SAGEWOOD DEVLOPMENT, INC., 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 Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: July 12, 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 memo from Sonya Allen and Anna Borchers Canning, a true and COlTect copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the response letter from Bailey Engineering, Inc., a true and correct copy of which is attached hereto marked Exhibit "C", and by this reference incorporated herein, and the additional requirements from the action ofthe Council taken at their July 12,2005 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central Dishict Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division ofEnviromnental Quality for central sewage and central water; that run-offis not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale plior to ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SIENNA CREEK SUBDIVISION NO. 31 (FP-05-041) Page 2 of 4 discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain CUlTent best management practices for stonnwater disposal and design a st0n11water 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 Enviromnental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifYing that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SIENNA CREEK SUBDIVISION NO. 3/ (FP-05-041) Page 3 of4 Please take notice that this is a final action of the goveming body of the City of Meridian, pursuant to Idaho Code g 67-6521. An affected person being a person who has an interest in real propel1y which may be adversely affected by this decision may, within twenty-eight (28) days after the date ofthis decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. of '-~ ltlj By action of the City Council at its regular meeting held on the I;::) t\--. day ,2005. By: ;:C:~ Mayor, City of Meridian ), "''''''''''''''"''' "\, "!'l> ~ tf.- .f, ,# l .g"Department, Public Works Department, and Attest: By:, k\ 0 JtA ~ ~ IV\..- City Clerk's Office Dated: ){w4-(y:) ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SIENNA CREEK SUBDIVISION NO. 3/ (FP-05-041) Page 4 of 4 Memorandmn MtlidianPlanning&ZDniogDqi. To: Lisa WalUler-Sissler, Sagewood Development cc: A. J. Lopez. Bailey Engineering, City Clerk From: Sonya Allen, Anna Borchers Canning Date: 8/2/2005 Re: Sielma Creek Subdivision No.2 & 3 During the hearing at City Council for the final plat on SielUla Creek Subdivision No. ], there was some discussion about the fencing requirements being changed from what was approved at preliminary plat level. The following details the changes that were made at Council that applies to all phases of SielUla Creek Subdivision: Rear fencing for the lots bordering common areas may be constructed of 4' solid material with up to 2' open vision on the top, or of 5' wrought iron open vision material. Furthermore, side yard fencing along Lots 2 and 7, Block 5, Lots] and 11, Block 2, and Lot 7, Block 3 may be constructed of 4' solid material with up to 2' open vision on the top, or of 5' wrought iron open vision material. Fencing within 20' of the front property lines shall comply with City Code. Please consider this a revision of the fencing requirements stated in the staff reports for phases 2 & 3. ailey Engineering,lnc. CIVIL ENGINEERINGjPLANNINGICADD DATE: July 7, 2005 r 0: Nfayor and City Council ~u:: Sienna Creek No. 3 I lear Mayor and City Council, t In behalf of our client we would like to state that Sagewood Development, Inc agrees with all Site : ;pecific Comments and Conditions set forth in the final plat for Sienna Creek No, 3 I hank you for your time and consideration, ; i ncerely , \j Lopez I ~Riley Engineering, Inc. C:J t l.A-\1( j..IL.--CS \ierf\ .-\\- \2- IIIIIIlIIIIlIIl "'.1)0 E. Iron Eagle Drive .. Eagle, Idaho 83616 .. Tel.: 208~938-0013 .. Fax: 208~938-0516 www.bailevenaineers.com Exhlbil "C' BEFORE THE MERIDIAN CITY COUNCIL C/C July 12, 2005 IN THE MATTER OF THE APPLICA TION OF SAGEWOOD DEVELOPMENT, INC. FOR FINAL PLAT APPROVAL OF 55 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 9 COMMON LOTS ON 11.36 ACRES IN AN R-8 ZONE LOCA TED NORTH OF USTICK AND NORTH LINDER ROAD IN A PORTION OF THE NE y.; OF THE SW ~ OF T. 4N., R. IW., SECTION 36 CAS.E NO. FP-05-040 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code g 12-3-7 on July 12, 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: Heming Date: July 12, 2005, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING SIENNA CREEK SUBDIVISION NO.2 LOCATED IN A PORTION OF THE NE \4 OF THE SW \4 OF T. 4N., R. lW., SECTION 36, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SIENNA CREEK SUBDIVISION NO. 21 (FP-05-040) Page 1 of4 HANDWRITTEN DATE: OS/25/05, SHEET 1 OF 3, BAILEY ENGINEERING, INC.", SAGEWOOD DEVLOPMENT, INC., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Department, dated: Hearing Date: July 12, 2005, listing 13 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 memo from Sonya Allen and Anna Borchers Canning, 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 response letter from Bailey Engineering, Inc., a true and correct copy of which is attached hereto marked Exhibit "C", and by this reference incorporated herein, and the additional requirements from the action of the Council taken at their July 12,2005 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Depmtment 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 stormwater be pretreated through a grassy swale prior to ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SIENNA CREEK SUBDNISION NO.2 I (FP-05-040) Page 2 of4 discharge to the subsurface to prevent impact to groundwater and surfaee water quality; that engineers and architects should obtain current best management practices for stann water 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 Depmiment, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed Witll 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 APPRO V AL OF FINAL PLAT FOR SIENNA CREEK SUBDNISION NO. 2/ (FP-05-040) Page 3 of 4 Please take notice that this is a final action of the goveming body of the City of Meridian, pursuant to Idaho Code g 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, 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 \ ;.)\h day of ,-1; \. \ 1 i ) ,2005. Attest: "'~""~~ ,!:J'',t-'''''~' '"Mayor, CIty of MendIan f'::;''' \ I, ,~/ ...,_/ePartment, Public Works Department, and f.3~~'t'! BJu,\(lj rW,\OViLJ City Clerk's Office Dated: 8'"'4 -oc; ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SIENNA CREEK SUBDNISION NO.2! (FP-05-040) Page 4 of 4 MeidianP1anniog&ZoningDqx To: Lisa Wanner-Sissler, Sagewood Development cc: A. 1. Lopez. Bailey Engineering, City Clerk From: Sonya Allen, Anna Borchers Calming Date: 8/2/2005 Re: Sienna Creek Subdivision No.2 & 3 During the hearing at City Council for the final plat on Sienna Creek Subdivision No. I, there was some discussion about the fencing requirements being changed from what was approved at preliminary plat level. The following details the changes that were made at Council that applies to all phases of Sienna Creek Subdivision: Rear fencing for the lots bordering common areas may be constructed of 4' solid material with up to 2' open vision on the top, or of5' wrought iron open vision material. Furthermore, side yard fencing along Lots 2 and 7, Block 5, Lots I and II, Block 2, and Lot 7, Block 3 may be constructed of 4' solid material with up to 2' open vision on the top, or of 5' wrought iron open vision material. Fencing within 20' of the front property lines shall comply with City Code. Please consider this a revision of the fencing requirements stated in the staff reports for phases 2 & 3. iley Engineering,lnc. CIVIL ENGINEERINGIPLANNINGICADD DATE: July 1,2005 1'0: Mayor and City Council RE: Sienna Creek No.2 Dear Mayor and City Council, Un behalf of OUf client we would like to state that Sagewood Development, Inc agrees with all Site ~pecific Comments and Conditions set forth in the fmal plat for Sienna Creek No.2 ['bank you for yom time and consideration, -)mcerely, 4f~ t.\j Lopez Representing Sagewood Development, Inc. '~~~.1""""III 1500 E. Iron Eagle Drive + Eagle, Idaho 83616 + Tel.: 208-938-0013 + Fax: 208-938-0516 www.baileyengineers.com bhibi! "C" BEFORE THE MERIDIAN CITY COUNCIL C/C July 12, 2005 IN THE MATTER OF THE APPLICA TION OF CAPITAL DEVELOPMENT, INC. FOR FINAL PLAT APPROVAL OF 33 SINGLE- FAMIL Y RESIDENTIAL BUILDING LOTS AND 4 COMMON LOTS ON 6.12 ACRES IN AN R-8 ZONE LOCATED ON THE SOUTHEAST CORNER OF NORTH LOCUST GROVE ROAD AND EAST MCMILLAN ROAD IN THE N Y2 OF THE NW .y,j OF T. 4N., R. IE., SECTION 32 CASE NO. FP-05-042 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code g 12-3-7 on July 12, 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 tlIe Public Works Department, dated: Hearing Date: July 12, 2005, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING SETTLEMENT BRIDGE NO.3 LOCATED IN THE N Y2 OF THE NW y.; OF T. 4N., R. IE., SECTION 32, BOISE MERIDIAN, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SETTLEMENT BRIDGE SUBDIVISION NO.3 / (FP-05-042) Page 1 of 4 MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: OS/25/2005, SHEET 1 OF 3, ENGINEERING NORTHWEST, INC.", CAPTIAL DEVELOPMENT, INC., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen, Assistant City Planner for the Planning and Zoning Department and Michael Cole, Development Services Coordinator for the Public Works Depmiment, dated: Hearing Date: July 12, 2005, listing 28 SITE SPECIFIC REQUIREMENTS/FINAL PLAT, 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 Engineering Northwest, Inc., a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of3 pages, and by this reference incorporated herein, and the additional requirements from the action ofthe Council taken at their July 12, 2005 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain CUlTent best management practices for stormwater disposal and design a stonnwater management system that is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SETTLEMENT BRIDGE SUBDIVISION NO.3 / (FP-05-042) 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 Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision conceming the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the goveming body of the City of Melidian, pursuant to Idaho Code g 67-6521. An affected person being a person who has an interest ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SETTLEMENT BRIDGE SUBDNISION NO.3 I (FP-05-042) Page 3 of 4 in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the \ J~ day of ]I \ l t ~ , 2005. Attest: BY:~ ~~~ Mayor, City of Meridian William G. Berg, Jr., City c.1erk \ Copy served upon Applicant, City Attorney. By: '~X().Jth q UY\. tny Clerk's Office Dated: ~~4-(X; ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SETTLEMENT BRIDGE SUBDNISIONNO.3 / (FP-05-042) Page 4 of 4 MA YOR Tammy de Weerd Dlfe;;;!lt:rfl ~ ,'~ ![)/\HO i~ ~'Qo / ,"y.,.~JI '" c:/ 'I!,<~ ~~i8~ PUBLIC WORKS BUlLDING DEPARTMENT (208) 898.5500 . Fax (208)898.9551 CITY COUNCIL MEMBERS Keith Bird Christine Donnell ShaUll Wardle Charles M. Rountree PLANNING AND ZONING DEPARTMENT (208) 884-5533. FAX 888.6854 STAFF REPORT: Hearing Date: July 12, 2005 Transmittal Date: July 1, 2005 To: Mayor, City Council and Plarll1ing & Zoning Commission Sonya Allen, Assistant City Planner (fll Michael Cole, Development Services Coordinator (y\ C From: Re: Settlement Bridge Subdivision No.3 Request for Final Plat Approval of 33 Single-Family Residential Lots and 4 Common Area Lots on 6.12 Acres in an R-8 Zone for Settlement Bridge Subdivision No.3, by Capital Development, Inc. (File No. FP-05-042). We have reviewed the above-referenced submittal and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & LOCATION The applicant, Capital Development, Inc., has requested final plat approval of the third phase of Settlement Bridge Subdivision. This phase of the subdivision consists of 33 single-family residential lots and 4 common area lots on 6.12 acre in an R-8 zone. The gross density of this phase is 5.39 dwelling units per acre and the net density is 6.38 dwelling units per acre. Settlement Bridge Subdivision is located on the south side of E. McMillan Road and on the east side ofN. Locust Grove Road, in the NW \4 of Section 32, TAN., R.l E. A Conditional Use Permit/Planned Development was approved for this subdivision which allowed for reductions to the minimum requirements for the following: lot size (from 6,500 s.f. to 5,250 s.f.-detached); lot frontage (from 65-ft. to 58-ft. for detached lots on straight-away streets, 30-ft. for comerlcul-de-sac lots, 40-ft. for attached lots on straight-away streets, and 28- ft. for lots on a comer/cul-de-sac); and a substandard cul-de-sac length (approx. 950-ft long). A multi-use pathway was allowed in lieu of a 5-ft. sidewalk where the pathway location coincides with the sidewalk on McMillan Road in this phase. Lots sharing common driveways were not required to have any street frontage. Staff finds that the proposed final plat substantially complies with the approved Preliminary Plat. Staff recommends approval of the third phase of Settlement Bridge Subdivision with the comments and conditions stated in this report. FP-05.042 Exhibit"A" Settlement Bridge Sub3 FP.doc Mayor & City Council Hearing Date: July 12, 2005 Page 2 CONDITIONS OF APPROVAL 1. Applicant shall meet all tenns of the approved Preliminary Plat (PP-03-041), Planned Development (CUP-03-065), and Development Agreement (Inst. No. 104061807). 2. The pressurized irrigation system within this development is to be owned and maintained by the Home Owner's Association. 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. Plans and specifications for the irrigation system shall be reviewed by the Public Works Depariment as pari of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 3. Sanitary sewer service and municipal water to this site shall be via extensions from existing mains. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby 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 fonns of easements, for any mains that are required to provide service. 4. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 5. Graphically depict a ten-foot wide Public Utilities, Drainage and In'igatiol1 centered on all interior lot lines that are not spanned by attached multi-family units. 6. 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) South property line Lot 24, Block 9 b) South property line Lot 20, Block 12 c) Southeast property line Lot 9 Block 12. d) Southeast property line Lot 45, block 9. 7. Add or revise the following notes on the plat dated 5/26/05, prepared by Engineering Northwest: (*.) Add note: "All lot lines common to a Dublic ri!!ht-of-way shall have an 11 1'2 foot wide Public Utilities Drainage and Irri!!ation easement unless other wise dimensioned." (The extra width is necessary to ensure a 10-ft. free & clear easement past the back of sidewalk.) (1.) "All lot lines common to a p1:1l3lie right of a) line, ana the exterior subdivision boundary have a ten (10) foot wide pennanent public utilities, property drainage and property irrigation easement, unless dimensioned otherwise." FP.05-042 Exhibit "A" Settlement Bridge Sub3 FP.doc Mayor & City Council Hearing Date: July 12, 2005 Page 3 (2.) "A ten (10) foot wide Public Utilities Propeliy Drainage, and Propeliy Irrigation easement is hereby designated along the rear lot lines, unless dimensioned othelwise." (10.) Include instrument number (12.) Add note: "Direct lot access to E. McMillan Road and N. Schumann Ave. is prohibited." 8. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 9. Street lights shall be installed in compliance with the approved streetlight agreement. One-Hundred watt (100w), high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Pinal design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and pennit from the Public Works Department prior commencing installations. 10. Compaction test results must be submitted to the Meridian Building Depmiment for all building pads receiving engineered backfill, where footing would sit atop fill material. 11. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristies 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 nonnal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 12. All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances. 13. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Army Corps of Engineers. 14. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 15. Coordinate fire hydrant placement with the City of Meridimlts Public Works Department. 16. Sidewalks within the proposed subdivision shall be built in accordance with MCC 12-13- 10-8. FP-05-042 Exhibit "A" Settlement Bridge Sub3 FP.doc Mayor & City Council Hearing Date: July 12,2005 Page 4 17. Add a note to the face of the plat (graphically or in the notes section) that Lot 29, Block 9, shall have a blanket cross-access easement in favor of Lots 30, and 31. Address ownership & maintenance of Lot 29, Block 9. 18. The common drive located in Lot 29, Block 9 shall be constructed of a hard surface material, at lease 20-ft. wide, and be capable of supporting 70,000 lbs. 19. Prior to the final plat being recorded for this phase, a pennanent pedestrian easement in favor of the City of Meridian shall be recorded and graphically shown (& instrument number noted) for the North Slough pedestrian pathway. 20. The Applicant is responsible for ensuring that all development shall comply with the Ameticans with Disabilities Act and the Fair Housing Act. 21. Temporary construction fencing to contain debris shall be installed along the southem boundary of this phase where no permanent fencing is proposed unless permanent fencing exists at the subdivision boundaries. 22. 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. 23. All development improvements, including sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 24. 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. 25. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 26. Except for the North Slough (aka Settlers Canal), all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage disttict, 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 27. Developer shall coordinate mailbox locations with the Meridian Post Office. 28. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat, conditional use pennit or development agreement does not relieve Applicant of FP-05-042 Exhibit "A" Settlement Bridge Sub3 FP.doc Mayor & City Council Hearing Date: July 12, 2005 Page 5 responsibility for compliance. RECOMMENDATION Staff recommends approval of the final plat, with the above stated comments and conditions. FP-05-042 Exhibit "A" Settlement Bridge Sub3 FP.doc .l~~lrlKineerin~ North West, LLC ,p l '. Ancestor Place. Suite 180 Boise, Idaho 83704 (208) 376-5000 0 Fax (208) 376-5556 July 6,2005 Mayor and City Cowlcil City of Meridian 660 E. Watertower, Suite 200 \1eridian, ill 83642 (J I JJ!J~ ' Re: File No. FP~05-042 Settlement Bridge No.3 r am writing on behalf of our client, Capital Development, who have indicated to us their acceptance of the conditions of approval as outlined by staff for the above referenced. Our response to the City's -Site Specific Comments for this project is as follows: Citv of Meridian - Conditions of Approval 1) AU terms of the approved Preliminary Plat (pP-03~041), Conditional Use Permit (ClTPa03-065) and Development Agreement (Inst. No. 104061807) have been met. 2) The Settlement Bridge Homeowner's Association will own and maintain the pressure irrigation system within this development. An irrigation well will be continued for use as a secondary source as in Phases 1 & 2. 3) Sewer and water mains will be constructed through this phase of development. 4) Agree. 5) Agree. 6) Agree. 7) Face of plat - Notes Note 1 covers both the * and note (1). Notes 2,10 & 12 have been revised. 8) There are no known wells or septic systems within this phase. 9) Streetlights will be installed at subdivider'S expense per City of Meridian requirements. 10) No engineered backfill is required on this phase of the project. 11) Please see attached letter regarding depth of groundwater. 12) No basins are being used in this phase. 13) There are no 404 issues with this phase of the development. 14) Agree. 15) Fire hydrant locations have been coordinated and approved with the City of Meridian Public Works Superintendent. 16) Agree. 17) Note added regarding cross-access. 18) Agree. 19) Agree. 20) Agree. 21) Agree. 22) Agree. 23) Agree. 24) An Ada COlUlty Street Name Committee Final letter will be submitted to the City prior to signature by the City Engineer. Exhibit "(J" 25) A letter of credit will be submitted for those items not already installed or constructed. 26) Not applicable for this phase of development. 27) Agree. Should you have any questions or need anything else feel [Tee to give me a call. Th~' Ge7s:::~ Xc: Dave Yorgason, Capital Development , If~'nf(ineerinf! North West, LLC 1 n N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 ~ Fax (208) 376-5:556 July6,2005 ZOO:; Mr. Brad Watson, P.E. City of Meridian - Public Works Department 660 E. Watertower, Suite 202 Meridian, ill 83642 ~ ii t~, i~L:;.l~'(~WI\I~: I Re: Settlement Bridge Subdivision No.3 Dear Brad: According to the initial test pit investigations and subsequent monitoring, the ground water within this project was not encountered within depth of 3 feet of the existing ground. Based on the above infomlation, it is safe to assume that ground water would be greater than 36 inches below fil1ished street centerline elevations throughout the project. Should you need further information, please advise. hhihit"ll" BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF TRAVIS BURROWS FOR DA VE EVANS CONSTRUCTION FOR FINAL PLAT APPROVAL OF9 COMMERCIAL BUILDING LOTS AND I OTHER LOT ON 4.98 ACRES IN A C-G ZONE LOCATED AT 2967 EAST COPPERPOINT DRIVE IN A PARCEL OF LAND BEING PART OF LOTS 2 AND 6, AND ALL OF LOTS 4 AND 5 IN BLOCK 1 OF BONITO SUBDIVISION, WHICH PARCEL IS ALSO PARCELS C, D, AND E OF RECORD OF SURVEY NO. 6671 ANDP ARCEL F OF RECORD OF SURVEY NO. 6786 LOCATED IN THE E % OF T. 3N., R. IE., SECTION 20 C/C July 12, 2005 CASE NO. FP-05-038 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code g 12-3-7 on July 12, 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 12, 2005, to the Mayor and Council, and the Council having eonsidered the requirements of the preliminary plat the Council takes the following action: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BONITO SUBDIVISION NO.3 / (FP-OS-038) Page 1 of 4 IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING BONITO SUBDIVISION NO.3 IN A PARCEL OF LAND BEING PART OF LOTS 2 AND 6, AND ALL OF LOTS 4 AND 5 IN BLOCK 1 OF BONITO SUBDIVISION, WHICH PARCEL IS ALSO PARCELS C, 0, AND E OF RECORD OF SURVEY NO. 6671 AND PARCEL F OF RECORD OF SURVEY NO. 6786 LOCATED IN THE E Y2 OF T. 3N., R. 1 E., SECTION 20 BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2005, HANDWRITTEN DATE: OS/24/05, SHEET 1 OF 3, TOOTHMAN-ORTON ENGINEERING COMP ANY", DAVE EVANS CONSTRUCTION, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council ii-om 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 12, 2005, listing 15 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 Toothman-Orton Engineering Company, a true and correct 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 12,2005 meeting as follows, to-wit: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BONITO SUBDIVISION NO.3 I (FP-OS-038) Page 2 of 4 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval :fi:om the appropriate entities are submitted, they can approve this proposal for eentral sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Enviromnental 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 stormwater 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. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifYing that the plat meets the City's requirements shalJ 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 alJ 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BONITO SUBDIVISION NO.3 I (FP-05-038) Page 3 of4 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 g 67-6521. An affected person being a person who has an interest in real property which may be adversely affeeted by this decision may, within twenty-eight (28) days after the date of this decision and order, seek ajudiciaI review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the \1*' day of l~ 1 L ~ ~;}. l . 'f<,",,.n~~Department, Public Works Department, and ....-:1~~<;f'--i' $,~Lo~ test I ,'") illiam G. Berg, Jr., City Clerk ~~, Cop;< served upon Applicant, th Ci!~tomey. . By: .. '\ ()Jl\/\::1r-- ............ City Clerk's Office Dated: <2,L"\ -OS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR BONITO SUBDIVISION NO.3 / (FP-05-038) Page 4 of 4 - OOTHMAN-ORTON ENGINEERl. . .; COMPANY CONSllLTINct FN<iJNf:t=RS. SlJl{ VLYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 8371'1-2008 208-323-2286' FAX 206-323-2399 July 8. 2005 Sonya Allen. Assistant Cit" Planner Cit; of Meridian. Planning and Zoning Department 660 E. Watertower, Suite 202 Meridian. ID 83642 Jf gryiU S\4e syeciflG:it Z .C:I~.) ~#>'-" - alr~a.dy <'\:.dJ(~S$eJ In 1!GL+ I'l()f(' .... 10. Dear Sonya: We have reviewed the staffrepol1 dated July 6. 2005. Based on the telephone eanl'ersation~ with PubJic Works and yourself we have the following responses to your comments: Site Specific Comments Item 1.. ................... .Agree and plat note 2 will be modified to include prel iminary plat and annexation references in addition to the development agreement and the conditional use permit. hem;2 (8.) ...............Agree and plat note 8 will be modified accordingly. [(em 2 (12.) .............A I ready addressed in plat note IO<*- - ~itl1. 0# l. (l 2.) Item 3......................Agree and landscape plan will be modified accordingly. Item 4......................The proposed system wi]] be an extension Oflhe existing pressure irrigation system owned and operated by NMfD. No payment is necessary given that no culinary water is used in the system. Item 5......................Add note to plat to reiterate the existing 30-feet wide pedestrian easement on Lots 12. 17, 19,20. and 21. Block J and precluding the construction of buildings within said casement. Agree tbat a deed restriction will be placed on said lots prior to sale. Item 6......................Already addressed in plat note 10. Item 7......................Agree Items 8 thru 1 O........Agree and plat will be modified accordingly. Item 11....................~~~~~~~lt~%1~~~~~~~i~t:~~~i~~I~:r~a~~;l~:~!~:j~;I~~I~~~~~al waterways and the Items 12 and 13 .... ..Agree with the understanding that easements wi II only be req uired on main lines and services up to the meter box within the boundaries of the plat and excluding Lot 12. Items 14 and 15 ......Agree General Requirements ltems I thru 14........Agree Sincerely, T:::;}#bRmGCOMPm Michael Jared Burgess, P.E. (j\{l4J07\WPHLES\LET.Fm~J rIal 51affRcport Rcsp.1nsc Lcller hI Sonya AffcIU!,'C ],hihil "W BOISE. COEUR d'ALENE. CALDWELL ( ** TX CONFIRMAi,t..IN REPORT ** AS OF JUl 08 CITY OF MERIDIAN PAGE. 01 DATE T I ME TO/FROM MODE M I N/SEC PGS CMDlt STATUS ~~ ~;~~~ ~;:~~ ~~~~;~744 ~~==~ ~~:;~;: ~~: ~~: 6~ 29 ~~~: g:;: :~~~~lDEPT ~~==~ ~~:~~:: :~: ~~: g~ ;~ 07/08 17:31 LIBRARY EC--S 01'42" 004 184 OK ---_:=---~~~~~_:~~:~-==~~:~~~~~=-----------====:_--~:~:~~-~~~----_:~~----~~----------------- ~ /ICt1~ f05-1--iDr fuhUc NO--Hce. CITY OF MERIDIAN CITY COUNCIL MEETING AGENDA Tuesday, July 12, 2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian. Idaho 1. Roll-caU Attendance: 2. Pledge of ~Jegiance Shaun Wardle Christine Donnell == Charlie Rountree - Keith Bird - MayorTamnly de Weerd 3. Community Invocation by Pastor Steve Moore, with Cherry lane Christian Church: 4. Adoption of the Agenda: 5. Consent Agenda: B. Sanita Sewer and Water Main Easement A reement with Touchmark of the Treasure Vallev LtC for Touchmark Grand ~: A. Sanita Sewer and Water Main Easement A rgement with Touchmark of the Treasure Val/e" LLC for Touchmark Plaza: C. Streetli ht A reement with 'nitial Pointe LLC for Cobblefield Crossina No.2: D. Development Agreement: AZ 05-009 Annexation and Zoning of 1.06 acres from RUT to l~O Zone for Mike and Gloria Urwin by Mike and Gloria Urwin - 2560 South Meridian Road: E. Water Main Easement Aareement With Cherry Crossina LLC for Cherry Crossina BUildinq: F. Contract with JUS EnQineers for the Ten Mile Sewer Proiect: Meridian City Council Meeting Agenda - July 12, 2005 Page 1 Of 4 Air materials presented at public meetings shall become property of the City of Meridian. Anyone deSiring accommodsthm for disabilities related to documents and/or hearings. please contact the City Clerk's Office at 888-4433 at Jeas! 48 hours Prior to the public meeting_ REPORT ** AS OF CITY OF MERI DIAN DATE TIME TO/FROM MODE MIWSEC PGS CMDf:I STATUS 131 137/138 17:35 3886924 EC--S 131' 17" 13134 184 01< :~ :~;: ~~;;~ ~~:,g;~ 133913 ~~::~:~ : ~~:: ::: ~:: ~ :~ :~;:~ ~~~:; ~~~3~~~4~393 ~~:=~ :~:~~:: ::: ~~: ~ :; :;;:~ ~;;:~ ~:S~~~e~~UELMT ~~=:~ :~:~~:: ::: ~:: ~ :: :;;:~ g;~~ 7~:~YA~~~~TIC C ~~==~ :~:i~:: ::: ~~: ~ 11) 137/138 17:54 ID PRESS TRIBUNE EC--S 131' 18" 13134 184 OK ----==---~~~~~-=~~:~-:~~~~~~~=------------~:==:_--~=~=~~-~~~----_:~~----~~----------------- ~ r Icc:t~ fro+- -1Dr -fJvl>Uc IV O~ ee CITY OF MERIDIAN CITY COUNCil MEETING AGENDA TueSday, July 12, 2005 at 7;00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Idaho 1. ROII.call Attendance; Shaun Wardle Christine Donnell - Charlie Rountree ~ Keith Bird - MayorTammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Pastor Steve Moore, with Cherry lane Christian Church: 4. Adoption ofthe Agenda: 5. Consent Agenda: B. Sanita Sewer and Water Main Easement A reement with Tauchmark of the Treasure Vallev LLC for Touchmark Grand ~; A. Sanita Sewer and Water Main Easement A rgement with Touchmark of the Treasure Vallev LLC for Touchmark Plaza: C. Stre9tli ht A reemQnt with Initial Pointe LLC for Cobblefield Crossina No.2: D. Development Agreement: AZ. 05-009 Annexation and Zoning of 1.06 acres from RUT to L-O zone for Mike and Gloria Urwin by Mike and Gloria Urwin - 2560 South Meridian Road: E. Water Main Easement Aareement With CherrY Crossina LLC for CherrY Crossina Bu/Jdina: F. Contract with JUB Enaineers for the Ten Mfle Sewer Proiect: Meridian City Council Meeting Agenda - July 12, 2005 Page 1 of <I All materials presented at public meetings shall become property oflhe City of Meridian. AIlyone desiring accommodation fur disabilities related to dOCuments andlor hearings. please contact the City Clerk's Office at 888-4433 at least 48 hOlm; prior to IhEl public meeting. ** TX REPORT ** AS OF JUL 08 CITY OF MERlD1AN PAGE,01 DATE TIME TO/FROM MODE MIWSEC PGS CMDJ:l STATUS 24 07/08 17: 18 3810160 EC--S 02' 15" 004 183 OK 25 07/08 17: 21 PUBLIC WORKS EC--S 01'18" 004 183 OK ----~~---~~~~~-~~~~:_~~~~~-~~~:=~~=-=------====:_--~~~:~~-~~~----_:~:_---~~----------------- - Y1Ct1~ fru+-1Dv- -PubLiC NO-Hce CITY OF MERIDIAN crTY COUNCJL MEETING AGENDA Tuesday, July 12,2005 at 7:00 p.m. City Council Chambers 33 East Idaho Avenue, Meridian, Jdaho 1. Roll-calJ Attendance: 2. Pledge of Allegiance Shaun Wardle _ Christine DonneH - Charlie Rountree _ Keith Bird - Mayor Tammy de Weerd 3. Community- Invocation by Pastor Steve Moore, with Cherry Lane Christian Church: 4. Adoption of the Agenda: 5. Consent Agenda: B, Sanita Sewer and Water Main Easement A reement with Touchmark of the TreaSUre Valley LLC for louchmark Grand ~: A. Sanitar Sewer and Water Main Easement A reement with Touchmark of the Treasure ValJev LtC for Touchmark Pla.z:a: C. Streetli ht A rSement with Initial Pointe LLC for CobblefieJd Crossina No.2: D. Development Agreement: AZ 05-009 Annexation and Zoning of 1.06 acres from RUT to L-Q zone for Mike and Groria Urwin by Mike and Gloria Urwin - 2560 South Meridian Road: E. Water Main Easement Aareement with Cherry Crossina LLC f9r CherrY Crosslne BUildinq: F. Contract with JUS enain9~rs for the Ten Mile Sewer Proiect: Meridian City Council Meeting Agenda - July 12. 2005 Page 1 of 4 AI/materials presented at public meetings shall becom6 property of the Cily of Meridian, Anyone d~iring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 alleast 48 hours prior to the PUblic meeting. CITY OF MERIDIAN MERIDIAN CITY COUNCIL AND ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS SPECIAL JOINT MEETING I WORKSHOP AGENDA Monday, July 11, 2005 at Noon ACHD Auditorium, 3775 Adams Street, Garden City, Idaho ><: Shaun Wardle 7- Christine Donnell ~ Charlie Rountree --u Keith Bird -L. Mayor Tammy de Weerd K Carol McKee -r Sherry Huber )c Rebecca Arnold -X David Bivens ~ President John Franden Update on Ten Mile Interchange City of Meridian II. Transportation Task Force Process ACHD (Kostelec) III. Video - Chipseal Program ACHD (Morgan) IV. Update on Downtown Meridian Transportation City of Meridian Management Plan v. Status Report on CIP Update ACHD (Inselman) Pine Street Connection VI. Population and City Limits Signs ACHD (Martin) VII. Other (time permitting) Meridian City Council Special Joint Meeting with ACHD Commissioners - July 11, 2005 Page 1 of 1 All materials presented at public meetings shall become the property of the City of Meridian and ACHD. Anyone desiring accommodation for disabilities related to documents and / or hearings, please contact the Administrative Office of ACHD at 387-6100 at least 48 hours prior to the public meeting. AGENDA JOINT MEETING - CITY OF MERIDIAN/ACHD COMMISSION July 11 , 2005 Noon ACHD Auditorium 3775 Adams Street, Garden City, Idaho Update on Ten Mile Interchange City of Meridian II. Transportation Task Force Process ACHD (Kostelec) 111 Video - Chipseal Program ACHD (Morgan) IV Update on Downtown Meridian Transportation City of Meridian Management Plan V Status Report on CIP Update ACHD (Mills) Pine Street Connection VI Population and ~ity Limits Signs ACHD (Martin) VII Other (time permitting) I I HHI ~j II ,... h...;m... h H!h. H. on.~ on U h;. H... h ~.... h U.~. __... h~ U... h U! U.. h U.... H ; --I ~I wi ". ~ 00 ~ Q ~ ~ ~ Q ~ ~ ~ ~ ~ g I o ~ ~ ~ I j 1:: 0 I 0:: ill JI m "$ ~ 0 0 I ffi (f) Q ~ 0- "g. ~ Q. :i. E t:> ~ -1J ~ 0 ~ "$ ~ :g 0 u:: Q CO ~~ I I ~~ 01 rn m rn Q.lO Ei5 gFTFFTFTI ij:2 .~* 0-0 u W ;:H ~, I I I ~~ i -11- co o C\I I I -1- III -. "t= 0:: 0. . ~ ~ I f- I <='" (l)~ Ew ~~ Cl. L0 E c t~ -~ q; ern 0..0 ~i !~ ~[ g.~ ;1 If ~ n \ ~~,.\.\ ;;. n ~ ~ ~ O~ ~. f~ ~+~ ~:I: o E :0) :.0 :::i: ,< .~ '~ o o :1: ::1 ..... ,'< ~ (D ..:0 :1: (D .t/J ..... ,OJ .CD n o :3 CD tn ;0) '1:1 .--, .0 ~. ,CD n ,P+ ** TX CONF I RMATI ON REPORT ** AS OF JUL 11 '05 10: 27 PAGE. 01 CITY OF MERIDIAN DATE TI ME TO/FROM MODE M I N/SEC PGS CMDtI STATUS ----~=---~~~==-=~~=~-=~=-~~::_-------------~====---~~~==~-~~:_----=~:_---~~----------------- CITY OF MERIDIAN &1/0GiJl 3 Yo,-y-. '..------- COf)ahdr~ MERIDIAN CITY COUNCIL AND ADA COUNTY HIGHWAY DISTRJCT COMMISSIONERS SPECIAL JOINT MEETING I WORKSHOP AGENDA Monday. July 11,2005 at Noon ACHe Auditorium, 3775 Adams Street. Garden City, Idaho Shaun Wardle Christine Donnell - Charlie Rountree Keith Bird _ Mayor Tammy de Weerd Carol McKee == Sherry Huber Rebecca Arnold - David Bivens President John Frandan Update on Ten Mile Interchange City of Meridian II. Transportation Task Force Process ACHD (Kostelec) III. Video - Chipseal Program ACHD (Morgan) . IV. Update on Downtown Meridian Transportation City of Meridian Management Plan V. Status Report on CIP Update ACHD (Inselman) Pine Street Connection VI. Population and City Limits Signs ACHD (Martin) VII. Other (tima permitting) MenCfian City Council Special Joint Moeling with ACHO Commission9~ - July 11, 2005 Page 1 of 1 All malarials presented at public meetings shell become th9 property oflhe City of Men"dian and ACHD. Anyone desiring acaommodotion for disabilities related to doctJment3 and/or hearings, please contact the AdministratIve Office of ACHO at 387~6100 at /88st 48 hours pn"or to the publIc meeting. JUL 08 '05 14'33 CITy OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMDIl STATUS 04 07/08 13' 59 PUBLl C WORKS EC--S 00' 44" 002 179 OK 05 07/08 14'08 8841159 EC--S 00'45" 082 179 OK 06 07/08 14:01 2088840744 EC--S 00'45" 002 179 OK 07 07/08 14'G3 POLlCE DEPT EC--S 00' 43" 802 179 OK 08 07/08 14'04 8985501 EC--S 0G'43" 0G2 179 OK 09 07/08 14:05 LIBRARY EC--S 00'55" GG2 179 OK 10 07/08 14' 106 92003776449 EC--S 00'44" 002 179 OK 11 07/08 14:08 3886924 EC--S 00' 43" 0102 179 OK 12 07/08 14:139 P-AND-Z EC--S 00'44" 0132 179 OK 13 07/68 14' 10 128300040 G3--S 00'53" 602 179 OK 14 107/08 14' 11 208 387 6393 EC--S 00'43" 002 179 OK 15 07/08 14' 13 ADA CTY DEUELMT EC--S 013'43" 002 179 OK 16 07/08 14: 14 2088885052 EC--S 00'44" 002 179 OK 17 07/08 14' 15 CHERRY LANE G3--S 01'20" 13132 179 OK 18 137/08 14' 17 IDAHO ATHLETIC C EC--S 60'43" 062 179 OK 19 07/08 14' 19 ID PRESS TRIBUNE EC--S 00'44" 13132 179 OK 20 07/08 14' 23 3810160 EC--S 01' 08" 002 179 OK 21 07/08 14' 32 213888867131 EC--S 00' 44" 002 179 OK ....-------....-------------------------......-----.........-------------......-----........-------....-------...------....---- /leal< ?orf- k ~u.2.. ~;,~ -11l~A.r- e:M;;;;dfan .~.,{ -") ~ MAYOR NOTICE OF SPECIAL JOINT WORKSHOP I MEETING Tammy de Weerd CITY COUNCl~ MEMD~RS Keith Bird Christine Donnell Charle. M. Rot",!ree Shoun Wardle Cn'y DErARTMI:'N1S I;ir~ 540 E. Franklin Road 888-1234/ fa, 895-0390 I'Mks &; HeCrea HOn 11 W. Bower S11..el 888-3579 / fax 898-5501 PJ,C)nuing 660 E. Water lower Lane Suite 202 884-5533 / fax BS8.1i1l44 Polke 14M E. WatNtower I..o"e 888-6678 / 816-7366 l'llbJic Works 66n E. Wate.rl,;wer Lo"e Suite 200 898-5500 / fax 898.9551 . Building 660 E. Wale,to"'e\' I.~n. Suite 150 HS7-221) / f.x 857-1297 - W.stewater 3401 N. Ten Mile Road 898-2191 / fax 81l4-0744 - Won" 2235 N.W. 8th Street 88&-5242 / (ax 884- )J59 MERIDIAN CITY COUNCIL & ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the Commissioners of the Ada County Highway District wiJI hold a Special Joint Workshop at the Ada County Highway District's Auditorium, 3775 Adams Street, Garden City, Idaho, on Monday, July 11, 2005 at 12:00 noon. They will be discussing pfanning and service issues and items concerning both agencies such as: - Update on Ten Mile Interchange ~ Transportation Task Force process - Chipseal program - Update on DoVvTItown Meridian Transportation Management Plan ~ Status Report on CIP update - Pine Street Connection ~ Population and City Limits Signs. The public is welcome to attend. DATED this 8th day of July, 2005. Mon'disn Cily Council Spee/91 Joint Mooting wilh ACHD Commiuioners _ July 11. 2005 All malerials pfJPsented at pub1{c metJtings shell become rho properly of fho City of Mon.dian. Anyons desiring accommodation for dissbilili8s raT9/ad to dOCllmenrs and / or hesn'ngs, plea~o ron/act fho Admini~tmtion of Adq ccunty Highway District at 387-6100 et 18fJ~t 48 hours prior to fhe public me6ting. (:lW <:L~I(K _f.~;~~A~ A~;:;:.II~t:~~X~:~ef.JN~o~~~;~~~~G~3F~~d~.i~~B~~~~~~cr _ FAxaaHI19 Ptj,:,!~d on teeydf'd p.!lp~'" cJvG;;dian MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. ROlmtree 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. Wa tertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678/846-7366 Public Works 660 E. Wa tertower Lane Suite 200 898-5500 I fax 898-9551 - Building 660 E. Water tower 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 /;eaJ/orf- k- /a,~2- ~h( - A~kr '\, VI / NOTICE OF SPECIAL JOINT WORKSHOP I MEETING MERIDIAN CITY COUNCIL & ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the Commissioners of the Ada County Highway District will hold a Special Joint Workshop at the Ada County Highway District's Auditorium, 3775 Adams Street, Garden City, Idaho, on Monday, July 11, 2005 at 12:00 noon. They will be discussing planning and service issues and items concerning both agencies such as: ....- Update on Ten Mile Interchange .... Transportation Task Force process .... Chipseal program .... Update on Downtown Meridian Transportation Management Plan .... Status Report on CIP update - Pine Street Connection .... Population and City Limits Signs. The public is welcome to attend. DATED this 8th day of July, 2005. Meridian City Council Special Joint Meeting with ACHD Commissioners - July 11, 2005 All materials presented at public meetings shalf become the properly of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and I or hearings, please contact the Administration of Ada County Highway District at 387-6100 at least 48 hours prior to the public meeting. CITY HALL 33 EAST IDAHO A VENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888-4218 CITY ATTORNEY! l-IR - FAX 884-8723 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE _ FAX 884-8119 Printed On recycled paper /Ieak /or? ~ /tvUi. ~n~ - ~d, f-J CITY OF MERIDIAN MERIDIAN CITY COUNCil AND ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS SPECIAL JOINT MEETING I WORKSHOP AGENDA Monday, July 11, 2005 at Noon ACHD Auditorium, 3775 Adams Street, Garden City, Idaho Shaun Wardle Charlie Rountree Christine Donnell _ Keith Bird _ Mayor Tammy de Weerd _ Carol McKee _ Sherry Huber Rebecca Arnold David Bivens President John Franden Update on Ten Mile Interchange City of Meridian II. Transportation Task Force Process ACHD (Kostelec) III. Video ~ Chipseal Program ACHD (Morgan) IV. Update on Downtown Meridian Transportation City of Meridian Management Plan V. Status Report on CIP Update ACHD (Inselman) Pine Street Connection VI. Population and City Limits Signs ACHD (Martin) VII. Other (time permitting) Meridian City Council Special Joint Meeting with ACHD Commissioners - July 11,2005 Page 1 of 1 All materials presented at public meetings shall become the property of the City of Meridian and ACHD. Anyone desiring accommodation for disabilities related to documents and / or hearings, please contact the Administrative Office of ACHD at 387-6100 at least 48 hours prior to the pUblic meeting. olfe;;dzCrn- MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-] 234 / 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 JOINT WORKSHOP I MEETING MERIDIAN CITY COUNCIL & ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian and the Commissioners of the Ada County Highway District will hold a Special Joint Workshop at the Ada County Highway District's Auditorium, 3775 Adams Street, Garden City, Idaho, on Monday, July 11, 2005 at 12:00 noon. They will be discussing planning and service issues and items concerning both agencies such as: .;. Update on Ten Mile Interchange - Transportation Task Force process - Chipseal program - Update on Downtown Meridian Transportation Management Plan - Status Report on CIP update - Pine Street Connection - Population and City Limits Signs. The public is welcome to attend. DATED this 8th day of July, 2005. Meridian City Council Special Joint Meeting with ACHD Commissioners - July 11, 2005 All materials presented at public meetings shall become the property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and I or hearings, please contact the Administration of Ada County Highway District at 387-6100 at least 48 hours prior to the public meeting. 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 & UTlLlTY BILLING - FAX 887-4813 MAYOR'S OFFICE - FAX 884-8119 Printed on recycled paper CITY OF MERIDIAN MERIDIAN CITY COUNCIL AND ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS SPECIAL JOINT MEETING I WORKSHOP AGENDA Monday, July 11, 2005 at Noon ACHD Auditorium, 3775 Adams Street, Garden City, Idaho Shaun Wardle Charlie Rountree Christine Donnell Keith Bird _ Mayor Tammy de Weerd Carol McKee == Sherry Huber Rebecca Arnold David Bivens President John Franden Update on Ten Mile Interchange City of Meridian II. Transportation Task Force Process ACHD (Kostelec) III. Video - Chipseal Program ACHD (Morgan) IV. Update on Downtown Meridian Transportation City of Meridian Management Plan V. Status Report on CIP Update ACHD (Inselman) Pine Street Connection VI. Population and City Limits Signs ACHD (Martin) VII. Other (time permitting) Meridian City Council Special Joint Meeting with ACHD Commissioners - July 11, 2005 Page 1 of 1 All materials presented at public meetings shell become the property of the City of Meridian and ACHD. Anyone desiring accommodation for disabilities related to documents and / or hearings, please contact the Administrative Office of ACHD at 387-6100 at least 48 hours prior to the public meeting. CITY OF MERIDIAN MERIDIAN CITY COUNCIL AND ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS SPECIAL JOINT MEETING I WORKSHOP AGENDA Monday, July 11, 2005 at Noon ACHD Auditorium, 3775 Adams Street, Garden City, Idaho Shaun Wardle Christine Donnell Charlie Rountree Keith Bird _ Mayor Tammy de Weerd _ Carol McKee _ Sherry Huber Rebecca Arnold David Bivens President John Franden Update on Ten Mile Interchange City of Meridian II. Transportation Task Force Process ACHD (Kostelec) III. Video - Chipseal Program ACHD (Morgan) IV. Update on Downtown Meridian Transportation City of Meridian Management Plan V. Status Report on CIP Update ACHD (Inselman) Pine Street Connection VI. Population and City Limits Signs ACHD (Martin) VII. Other (time permitting) Meridian City Council Speciaf Joint Meeting with ACHD Commissioners - Jufy 11, 2005 Page 1 of 1 Aff materials presented at public meetings shaff become the properly of the City of Meridian and ACHD. Anyone desiring accommodation for disabilities related to documents and / or hearings, please contact the Administrative Office of ACHD at 387-6100 at least 48 hours prior to the public meeting. AGENDA JOINT MEETING - CITY OF MERIDIANfACHD COMMISSION July 11, 2005 Noon ACHD Auditorium 3775 Adams Street, Garden City, Idaho Update on Ten Mile Interchange City of Meridian II. Transportation Task Force Process ACHD (Kostelec) III Video - Chipseal Program ACHD (Morgan) IV Update on Downtown Meridian Transportation City of Meridian Management Plan V Status Report on CIP Update ACHD (Inselman) Pine Street Connection VI Population and City Umits Signs ACHD (Martin) VII Other (time pennitting) r a~c 1 Vl 1 Will Berg From: Susan Slaughter [sslaughter@achd.adaJd.usl Sent: Friday, July 08,200510:51 AM To: bergw@cityofmeridian.org Subject: Oops! Attachments: Meridian City Joint Meeting Agenda.doc See attached. 7/8/2005 rag~ 1 U1 1 Will From: Susan Slaughter [sslaughter@achd.ada.id.us) Sent: Friday, July 08, 2005 10:50 AM To: bergw@cityofmeridian.org Subject: Joint Meeting Agenda Will, With so many items, did I miss something? I know I don't have the Blueprint on but unless the Mayor wants to provide an update, we aren't prepared. (See yesterday's emait) Perhaps the City should ask Karen Doherty to address them at a council meeting. Let me know if you want changes, additions, etc. I'm leaving about 1 p.m. so try to catch me by then. Susan 7/8/2005 rag~ 1 or :J Will From: Susan Slaughter [sslaughter@achd.adaJd.us} Sent: Thursday, July 07,20051 :51 PM To: Will Berg Subject: RE: Joint Meeting Will, A couple of things... Shawn Martin, Assistant Manager of Traffic, will be calling Steve Siddoway today or tomorrow about the population and E. 1st signs. That can be handled at the staff level and we don't feel it needs to be an agenda item. Second, regarding Locust Grove Overpass - the first year that it showed up in our Five Year Work Program was the FY2002-2006 Plan which was adopted March 28, 2001 and it showed the overpass for construction in FY2006. In aU subsequent FYWP's (five in all), the overpass has been scheduled in FY2006, despite ITD programming it in 'PD'. So, the overpass has been programmed for construction by ACHD since 2001, and we have been working diligently to bring ITD's 1M funds and the STP-TMA funds into line with this schedule. Currently, the federal aid funds (both 1M and STP-TMA) are programmed for FY2007 - but ACHD is still planning to construct this project in FY2006 while fronting the funds. This project has NEVER been bumped by ACHD; we have always been willing to 'do it on our nickel' and get reimbursed by ITD when they program the money to satisfy the request by the City. We believe we are constructing this overpass as soon as humanly possible, given federal aid requirements. Do you want it on the agenda or do you just want pass along this explanation? Let me know. And the answer is 'yes' to the question about the CIP update. We did an RFQ and will be holding interviews for a consultant to assist us on July 18 and the process will begin shortly thereafter. Bruce will be prepared to give an update at the meeting. Blueprint - we are not the lead agency. The consortium, of which Mayor de Weerd is a member, as well as the technical and steering committees, is guiding the BGG now. In fact, the consortium meets this afternoon but we do not have a representative at that meeting. So I doubt we could update anyone - perhaps the Mayor could do the update? Would she like to do that? Let me know, and if so, I will include it on the agenda. Please get back to me as soon as you can. I won't be here tomorrow afternoon. Susan From: Will Berg [mailto:bergw@meridiancity.org] Sent: Thursday, July 07, 2005 11:17 AM To: Susan Slaughter Subject: FW: Joint Meeting Here are some topics I items that the Mayor wants on next weeks agenda. Most of them ( 8 ) are from Steve Siddoway. Let me know if you need any help with them. Thanks. . . . .. Will From: Tammy de Weerd Sent: Wednesday, July 06,20058:05 PM To: Will Berg 7/7/2005 .nl~'" k VI. J Subject: RE: Joint Meeting Yes, along with the others. Thanks. Tammy de Weerd, Mayor City of Meridian www .meridianci ty .org (208) 888-4<4<33 ext. 201, (208) 888-4<218 fax From: Will Berg [mailto:bergw@meridiancity.org] Sent: Wednesday, July 06, 2005 2:01 PM To: Tammy de Weerd Subject: FW: Joint Meeting Do you want me to forward this information as agenda items to Susan at ACHD? From: Steve Siddoway [mailto:siddowas@meridiancity.org] Sent: Wednesday, July 06, 2005 11:05 AM To: 'Tammy de Weerd' Cc: 'Will Berg'; Peggy Gardner; 'Anna Canning' Subject: RE: Joint Meeting One additional thought. Curb/Gutter/Sidewalk Program: It may be good to inform both Council and ACHD that we are actively soliciting neighborhood interest in the Curb/Gutter/Sidewalk Program by including an announcement in the water/sewer bills this month. This would be a quick informational item and should not require much discussion. Steve S(<mI SHthwti:r &iw:fph.l .P/b.o.ruw M~~~~ 060.e. ~~.h8n4, S~ ,ZO,z J.f~ fdalw cJ$fJ.1t,Z P.lJoW!l 'z()8.cJcJ~$$$$ Fag ,z()3.cJcJcf. &1* 7/7/2005 rage;:: .;J uJ. J From: Steve Siddoway [mailto:siddowas@meridiancity.org] Sent: Wednesday, July 06, 2005 10:46 AM To: 'Tammy de Weerd' Cc: 'Will Bergl; Peggy Gardner; 'Anna Canning' Subject: RE: Joint Meeting Yes, here are my thoughts. Most could be fairly quick agenda items. 1. Downtown Meridian Transportation Management Plan: ,. Updated costs were taken to the public at an open house in May. ." Plan was updated in June (provide copies of the plan?), parking analysis also completed. ,. Results of P&Z Workshop July 7. ." Upcoming City Council public hearing July 26 and decision ,. Express appreciation for the partnership/ACHD staff involvement ." Set Funding/Phasing discussion for next joint meeting, or perhaps a special meeting? 2. Transportation Task Force: I see this is already on the agenda for Don Kostelec to address. I could also add an update on the TTF's activities to date and upcoming meeting dates. 3. Population signs/E. 1 st Signs: Request an update regarding locations and timeline for the updated City of Meridian population signs. Also follow up regarding removal of the "Main Street formerly East 1st" signs. 4. Pine Street: Express desire to get Pine Street connection between Nola and Eagle shown in ACHD's CIP. This would allow developers to construct the road ahead of schedule through a public/private partnership and get reimbursed over time with impact fees. Reimbursement is not an option for ACHD unless the project is in their CIP. Confirm that ACHD will begin an update of their CIP later this year. 5. Ten Mile Interchange: An update is already on the draft agenda. I also recommend expressing support for ITD's request that improvements to Overland between Linder and Ten Mile be added to the FYWP prior to construction of the interchange. 6. Locust Grove Overpass: Given the history of Locust Grove's construction schedule being bumped in previous years, I recommend asking ACHD to confirm the 2006 construction date. 7. Blueprint for Good Growth: ACHD is the primary sponsor ofthe BGG process. Would it benefit the City Council members to get a status report and next steps from ACHD? I believe some of the Council members sit on the Consortium and are up to speed on the process. Other Council members may not be. Steve s~ Sid~ 7/7/2005 ri::t.!;;c.1. UI .) P:riru:.fpiJI ~ ~ ~ &- 1:0.a:i.t1tT tft50 e ~~~, S~ .202 ~, Idaho 8Stf..J'.2 PkWl .208.88~.$$SS m 208.888.&'~ From: Tammy de Weerd [mailto:deweerdt@meridiancity.org] Sent: Wednesday, July 06, 2005 8:37 AM To: Steve Siddoway Subject: FW: Joint Meeting Any thoughts? Tammy de Weerd, Mayor City of Meridian www.meridiancity.org (208) 888-4.453 ext. 201- (208) 888-4.218 fax From: Will Berg [mailto:bergw@meridiancity.org] Sent: Tuesday, July 05,20053:54 PM To: Tammy de Weerd; Shaun Wardle; Keith Bird; Charlie Rountree; Christine Donnell Cc: Anna Canning; Brad Watson; Bill Musser; Bill Nary; Doug Strong; andersor@meridiancity.org Subject: FW: Joint Meeting We have a meeting with the ACHD Commissioners on Monday, July 11,2005 at noon at the ACHD auditorium. Please get back to me asap with additions to the agenda. Thanks. . . .. Will From: Susan Slaughter [mailto:sslaughter@achd.ada.id.us] Sent: Tuesday, July 05,20053:45 PM To: bergw@cityofmeridian.org Su bject: Joint Meeting Draft agenda is attached - to get the ball rolling. The reason for the chipseal item is that we will be chipsealing downtown Meridian shortly. The video takes 6 minutes and does a great job of explaining why and how the process is done which should be useful to city hall when they get complaints. We would like the City to update us on where things stand on the Ten Mile Interchange. And we want to 71712005 ragt:: .J Ul .) remind you of the transportation task force process that is getting underway. Feel free to add to or amend the agenda. Hope to talk to you soon. S. 7/7/2005 Page 1 ot j Will Berg From: Steve Siddoway [siddowas@meridiancity.org] Sent: Wednesday, July 06, 2005 11 :05 AM To: 'Tammy de Weerd' Cc: 'Will Berg'; Peggy Gardner; 'Anna Canning' Subject: RE: Joint Meeting One additional thought. Curb/Gutter/Sidewalk Program: It may be good to inform both Council and ACHD that we are actively soliciting neighborhood interest in the Curb/Gutter/Sidewalk Program by including an announcement in the water/sewer bills this month. This would be a quick informational item and should not require much discussion. Steve s~ S}aduway P~aI~ H~ ~ &; %o.omg- &00 e. (ri(c1'(uW4l'.la.D4, S~ ZOZ Mil~.fd'h.lw 8St#Z Pk.D4 Z08.88~$$M FhZ Z08. 888. t58$1t From: Steve Siddoway [mailto:siddowas@meridiancity.org] Sent: Wednesday, July 06, 2005 10:46 AM To: 'Tammy de Weerd' Cc: 'Will Berg'; Peggy Gardner; 'Anna Canning' Subject: RE: Joint Meeting Yes, here are my thoughts. Most could be fairly quick agenda items. 1. Downtown Meridian Transportation Management Plan: * Updated costs were taken to the public at an open house in May. * Plan was updated in June (provide copies of the plan?), parking analysis also completed. 7/6/2005 .Page 1. or j ... Results of P&Z Workshop July 7. " Upcoming City Council public hearing July 26 and decision ... Express appreciation for the partnership/ACHD staff involvement ... Set Funding/Phasing discussion for next joint meeting, or perhaps a special meeting? 2. Transportation Task Force: I see this is already on the agenda for Don Kostelec to address. I could also add an update on the TTF's activities to date and upcoming meeting dates. 3. Population signs/E. 1st Signs: Request an update regarding locations and timeline for the updated City of Meridian population signs. Also follow up regarding removal of the "Main Street formerly East 1st" signs. 4. Pine Street: Express desire to get Pine Street connection between Nola and Eagle shown in ACHD's CIP. This would allow developers to construct the road ahead of schedule through a public/private partnership and get reimbursed over time with impact fees. Reimbursement is not an option for ACHD unless the project is in their CIP. Confirm that ACHD will begin an update oftheir CIP later this year. 5. Ten Mile Interchange: An update is already on the draft agenda. I also recommend expressing support for ITD's request that improvements to Overland between Under and Ten Mile be added to the FYWP prior to construction of the interchange. 6. Locust Grove Overpass: Given the history of Locust Grove's construction schedule being bumped in previous years, I recommend asking ACHD to confirm the 2006 construction date. 7. Blueprint for Good Growth: ACHD is the primary sponspr of the BGG process. Would it benefit the City Council members to get a status report and next steps from ACHD? I believe some of the Council members sit on the Consortium and are up to speed on the process. Other Council members may not be. Steve S(tm; $dthway P~tU~ J{i,ridi/J.rL ~ &- ZoJ:J.iD5 ootJ J1. ~~~, .s~ ZOZ iffi:J.<:irLiW., Idah.o 8$01IZ PLwZUl 208.884.$5$$ Faz Z08.888. 68~ 7/6/2005 .t'age.j or .) From: Tammy de Weerd [mailto:deweerdt@meridiancity.org] Sent: Wednesday, July 06,20058:37 AM To: Steve Siddoway Subject: FW: Joint Meeting Any thoughts? Tammy de Weerd, Mayor City of Meridian www.meridiancity.org (208) 888-44<13 ext. 204. (208) 888-4218 fax From: Will Berg [mailto:bergw@meridiancity.org] Sent: Tuesday, July 05,20053:54 PM To: Tammy de Weerd; Shaun Wardle; Keith Bird; Charlie Rountree; Christine Donnell Cc: Anna Canning; Brad Watson; Bill Musser; Bill Nary; Doug Strong; andersor@meridiancity.org Subject: FW: Joint Meeting We have a meeting with the ACHD Commissioners on Monday I July 11, 2005 at noon at the ACHD auditorium. Please get back to me asap with additions to the agenda. Thanks..... Will From: Susan Slaughter [mallto:sslaughter@achd.ada.id.us] Sent: Tuesday, July 05, 2005 3:45 PM To: bergw@cityofmeridian.org Subject: Joint Meeting Draft agenda is attached - to get the ball rolling. The reason for the chipseal item is that we will be chipsealing downtown Meridian shortly. The video takes 6 minutes and does a great job of explaining why and how the process is done which should be useful to city hall when they get complaints. We would like the City to update us on where things stand on the Ten Mile Interchange. And we want to remind you of the transportation task force process that is getting undelWay. Feel free to add to or amend the agenda. Hope to talk to you soon. S. 7/6/2005 !'age 1 or j Will Berg From: Steve Siddoway [siddowas@meridianclty.org] Sent: Wednesday, July 06, 200510:46 AM To: 'Tammy de Weerd' Cc: 'Will Berg'; Peggy Gardner; 'Anna Canning' Subject: RE: Joint Meeting Yes, here are my thoughts. Most could be fairly quick agenda items. 1. Downtown Meridian Transportation Management Plan: * Updated costs were taken to the public at an open house in May. * Plan was updated in June (provide copies of the plan?), parking analysis also completed. * Results of P&Z Workshop July 7. * Upcoming City Council public hearing July 26 and decision * Express appreciation for the partnership/ACHD staff involvement * Set Funding/Phasing discussion for next joint meeting, or perhaps a special meeting? 2. Transportation Task Force: I see this is already on the agenda for Don Kostelec to address. I could also add an update on the TTF's activities to date and upcoming meeting dates. 3. Population signs/E. 1st Signs: Request an update regarding locations and timeline for the updated City of Meridian population signs. Also follow up regarding removal of the "Main Street formerly East 1st" signs. 4. Pine Street Express desire to get Pine Street connection between Nola and Eagle shown in ACHD's CIP. This would allow developers to construct the road ahead of schedule through a public/private partnership and get reimbursed over time with impact fees. Reimbursement is not an option for ACHD unless the project is in their CIP. Confirm that ACHD will begin an update of their CIP later this year. 5. Ten Mile Interchange: An update is already on the draft agenda. I also recommend expressing support for ITD's request that improvements to Overland between Linder and Ten Mile be added to the FYWP prior to construction of the interchange. 6. Locust Grove Overpass: Given the history of Locust Grove's construction schedule being bumped in previous years, 1 recommend asking ACHD to confirm the 2006 construction date. 7. Blueprint for Good Growth: ACHD is the primary sponsor of the BGG process. Would it benefit the City Council members to get a status report and next steps from ACHD? I believe some of the Council members sit on the Consortium and are up to speed on the process. Other Council members may not be. Steve s~ WdJway 7/6/2005 yage L. or -' Pr.iru::iptJ.I ~~ ~ Pt.!J.rJ.rJ.iD;i &:- z,N.Dp' 660 If. ~~41'./:.IJ.ru:, $~ ZOZ iJf~ IdD./w 8StU2 /fuJ.1Ul208.88-J.$$S$ .F/1% 208.888. &8&1 From: Tammy de Weerd [mailto:deweerdt@meridiancity.org] Sent: Wednesday, July 06, 2005 8:37 AM To: Steve Siddoway Subject: FW: Joint Meeting Any thoughts? Tammy de Weerd, Mayor City of Meridian www.meridiancity.org (208) 888-4<453 ext. 201 (208) 888-4218 fax From: Will Berg [mailto:bergw@meridiancity.org] Sent: Tuesday, July 05, 2005 3:54 PM To: Tammy de Weerdi Shaun Ward lei Keith Birdi Charlie Rountreei Christine Donnell Cc: Anna Canningi Brad Watson; Bill Musser; BHI Naryi Doug Strong; andersor@meridiancity.org Subject: FW: Joint Meeting We have a meeting with the ACHD Commissioners on Monday, July 11, 2005 at noon at the ACHD auditorium. Please get back to me asap with additions to the agenda. Thanks..... Will From: Susan Slaughter [mailto:sslaughter@achd.ada.id.us] Sent: Tuesday, July 05,20053:45 PM To: bergw@cityofmeridian.org Subject: Joint Meeting Draft agenda is attached - to get the ball rolling. The reason for the chipseal item is that we will be chipsealing downtown Meridian shortly_The video takes 6 minutes and does a great job of explaining why and how the process is done which should be useful to city hall when they get complaints. We would like the City to update us on where things stand on the Ten Mile Interchange. And we want to 7/6/2005 Page 3 of 3 remind you of the transportation task force process that is getting underway. Feel free to add to or amend the agenda. Hope to talk to you soon. S. 7/6/2005 AGENDA JOINT MEETING - CITY OF MERIDIAN/ACHD COMMISSION July 11, 2005 Noon ACHD Auditorium 3775 Adams Street, Garden City, Idaho Update on Ten Mile Interchange Meridian II. Transportation Task Force Process Chipseal Program ACHD (Kostelec) III ACHD (Morgan) AS OF SEP 30 CITY OF MERIDIAN DATE T I ME TO/FROM MODE M I N/SEC PGS CMDlt STATUS 01 09/30 13:45 FIRE DEPT EC--S 00'21" 001 022 OK 02 09/30 13: 46 128300040 G3--S 00' 27" 001 022 OK G3 09/30 13: 47 208 387 6393 EC--s 00' 21" 001 022 OK 04 09/30 13:48 ADA CTY DEVELMT EC--S 00'21" 0Gl 022 OK 05 09/30 13:49 2088885052 EC--S 00'20" 001 022 OK 06 09/313 13: 50 CHERRY LANE G3--S 00' 38" 001 022 OK 07 09/30 13:51 POST OFFICE EC--S 013'29" eel 022 OK 08 09/30 13: 52 IDAHO ATHLETIC C EC--S 00' 20" 0G1 022 OK 09 09/30 13:53 lD PRESS TRIBUNE EC--S 00'26" 001 022 OK ---_:~---~:~~~_::~:~_:~~~~~~~:_----------_::==:_--~~~:~~-~~:_----~::_---~~----------------- CITY OF MERIDIAN MERIDIAN CITY COUNCIL AND ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS SPECIAL JOINT MEETING I WORKSHOP AGENDA Monday, JUly 11,2005 at Noon ACHD Auditorium, 3775 Adams Street. Garden City, Idaho Shaun Wardle Christine Donnell == Charlie Rountree - Keith Bird - MayorTammy de Weerd Carof McKee ==== Sherry Huber Rebecca Arnold David Bivens _ President John Franden Update on Downtown Meridian Transportation City of Meridian Management Plan (DMTMP) It. Update on Locust Grove Overpass ACHD III. Status Report on CIP Update Process ACHD IV. Review School to be Built - Discuss Planning C of M I ACHD for Future Safe Routes to Schoof V. Status Report on Meridian's Transportation City of Meridian Task Force VJ. Other (time permitting) Meridian Cily Cocmcil Special Joint Meeting with ACHD CommiSSfoners _ October 3, 2005 Page 1 of 1 All materials presented at public meetings shall b9come the property of the City of Meridian and A CHD. Anyone desiring accommodation for disabilities related 10 documents and I or hearings, pteas(f contact the Administrative Offic& of ACHD at 3B7-6100 at least 48 hours prior to the public meeting. PAGE. 131 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIWSEC PGS CMDI1 STATUS ~; :~;~: ~~;~~ ~~~i~eWORKS ~~==~ :::~i:: ::~ :~~ ~~ 25 139/313 13:398841159 EC--S 1313'22" eel 1322 OK 26 139/30 13: 413 21a888413744 EC--S lala' 21" eel 1a22 OK ~~ :~;;: ~;;:~ :~~~~~1 DEPT ~~==~ ::: ~~:: ::~ :~~ g~ 29 139/313 13:42 LIBRARY EC--S 1313'24" lalal 1a22 OK 31a 139/31a 13: 43 921a83776449 EC--S lala' 21a" lalal 1322 OK 1a9/31a 13: 44 3886924 EC--S 1313' 21" 13131 1322 OK ----~~---~~~:~_::~~=-~=~~~=:_--------------~===:_--~~~::~-~~:_----~::_---~~----------------- CITY OF MERIDIAN MERIDIAN CITY COUNCIL AND ADA COUNTY HIGHWAY DISTRICT COMMISSIONERS SPECIAL JOINT MEETING I WORKSHOP AGENDA Monday, July 11,2005 at Noon ACHD Auditorium, 3775 Adams Street, Garden City, Idaho Shaun Wardle Christine Donnell Charlie Rountree - Keith Bird _ Mayor-=ra;mny de Weere! Carol McKee === Sherry Huber Rebecca Arnold ~ David Bivens ~ PresidSi1tJOhn Franden Update on Downtown Meridian Transportation City of Meridian Management Plan (DMTMP) II. Update on Locust Grove Overpass ACHD 1IJ. Status Report on CIP Update Process ACHD IV. Review School to be Built - Discuss Planning C of M J ACHD for Future Safe Routes to School V. Status Report on Meridian's Transportation City of Meridian Task Force VI. Other (time permitting) Meridian Clty Council Special Joint Meeting with ACHD Commissioners _ October 3, 2005 Page 1 of 1 All materials presented at public meetings shall become the properly of the City of Meridian and ACHD, Anyone desiring accommodation (or disabilities related /0 dOcuments and I or hearings, please contact/he Administrative Office of ACHD at 387-6100 at leasl48 hours prior 10 the public meeting.