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Home My WebLink About2004-06-22 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 22,2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: K '?- Shaun Wardle Charlie Rountree () X Bill Nary -'X Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: [31?'J ~ H-O&7p Icfo 3. Community Invocation by Pastor Gordon Slyter, with Treasure Valley Worship Center: (1-Y'ef--en-f- 4. Adoption of the Agenda: ~vv-<- 5. Consent Agenda: A. Approve Minutes of May 18, 2004 Pre-Council Meeting: ~V"-<- B. Approve Minutes of May 25, 2004 Pre-Council Meeting: ~V'-e- C. Approve Minutes of June 8,2004 City Council Regular Meeting: ~I/VL- D. Findings of Fact and Conclusions of Law for Approval: M104- 004 Request for a Miscellaneous request for an amendment to the Development Agreement for Resolution Subdivision No. 1 by Aspen Grove Development, LLC - south of East Overland Road at Celebration Avenue and Gala Street: ~ E. Findings of Fact and Conclusions of Law for Approval: PFP 04-004 Request for Preliminary Final Plat approval of 2 building lots on 2.3 acres in an I-L zone for Haztech Subdivision by Pinnacle Engineers, Inc. - 475 North Linder Road: ~ v'-<.--- F. Findings of Fact and Conclusions of Law for Approval: AZ 04- 008 Request for Annexation and Zoning of 5.22 acres from RUT to C-G zone for Maqic View Court by Larry Hellhake - 2855 Magic View Drive: Crnv-fr:.v~~ 7 --.6 ~t9 1-- Meridian City Council Agenda - June 22, 2004 Page I of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. G. Findings of Fact and Conclusions of Law for Denial: RZ 04- 004 Request for a Rezone of 9.47 acres from R-4 to L-Q and R-15 zones for Southwoods Subdivision by Calderwood Community, LLC - 2090 South Meridian Road: ~rv-<,- H. Findings of Fact and Conclusions of Law for Denial: PP 04- 007 Request for Preliminary Plat approval for 15 building lots (14 office and 1 residential) and 1 common lot on 9.47 acres in proposed R-15 and L-Q zones for Southwoods Subdivision by Calderwood Community, LLC - 2090 South Meridian Road: ~/Y?;>~ I. Findings of Fact and Conclusions of Law for Denial: CUP 04- 008 Request for a Conditional Use Permit for a Planned Development for office and assisted living in proposed R-15 and L- Q zones for Southwoods Subdivision by Calderwood Community, LLC - 2090 South Meridian Road: o/j)rr;Jf/<..-- J. Order Granting Remand to Planning and Zoning Commission: AZ 04-005 Request for annexation and zoning of 5.27 acres from RUT to R-4 zones for proposed Packard Acres Subdivision No.3 by Packard Estates Development, LLC - south of East Ustick Road and east of North Locust Grove Road: Ct-jproV'V Resolution No. tl.f-- Public Auction: a-fpY'!2 ~ L. Water Main Easement for Retail Buildina by Kimball Properties (L6, B5 Bonito Subdivision): tlfro~ M. Water Main Easement for Sierra Plaza by Kimball Properties (L6, B4 Bonito Subdivision): a.;?Ji1P V<e-- K. Sale of Property at N. Streetliaht Aareement for Lochsa Falls #8: tl/j?;rr-o~ O. Streetliaht Agreement for Paramount #1: Cif j7V'O V</ P. Streetliaht Agreement for Paramount #3: ~J'lY'? ~ Q. Water Main Easement in Silverstone Business Campus for Citigroup: app-rvv.e. R. Public Pathway Easement for Clearbrook Estates by Clearbrook, LLC: Ufprv V'-</ 6. Department Reports: Meridian City Council Agenda - June 22, 2004 Page 2 of3 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. 7. 8. 9. 10. 11. 12. 13. 14. (Items Moved from Consent Agenda) FP 04~034 Request for Final Plat approval for 88 single-family residential building lots and 25 common lots on 25.15 acres in an R~8 zone for Settlement Bridae Subdivision No.1 by Capital Development, Inc. - south-east corner of North Locust Grove Road and East McMillan Road: apjJYPV'-<./ FP 04~033 Request for Final Plat approval for 32 single-family residential building lots and three (3) common lots on 10.09 acres in an R-8 zone for Paramount Subdivision No.4 by Paramount Development, Inc. - east of North Under Road and north of West McMillan Road: ~ VLC..-- FP 04~035 Request for Final Plat approval for 86 single~family residential building lots and four (4) common lots on 30.64 acres in an R-4 zone for Messina Hills Subdivision No.2 by Tuscany Development, Inc. - west of South Eagle Road and south of East Victory Road: ~vo--<-- Public Hearing: MI 04~005 Request to allow direct lot access to North Under Road from an existing home on Lot 2, Block 2 of Cobblefield Crossina Subdivision by CMD, Inc. - south of West McMillan Road and east of North Linder Road: C'~ -rv::V p / Ii.- /..&> 7-6 ~t9 4- Public Hearing: MI 04-006 Request to amend the Development Agreement for EI Dorado Business Campus to include nursing homes and residential care facilities as permitted uses by W.H. Moore Company - southwest corner of South Eagle Road and East Overland Road: a~;; to ~;?tt-...e ../'/+ i c(..f. ~ w'ppv:t'~ Public Hearing: PP 04~012 Request for a Preliminary Plat approval for six commercial building lots and one common lot on 2.82 acres in a C-G zone for Initial Point Subdivision by Robnett Construction - east of North Meridian Road and south of East Fairview Avenue: u-[brI1J!:;J t& pre-ptVJ... -;;/f f c(.-( -AH-~v~ Ordinance No. tJ 4- - ( tl Ef 3 : Open Burnina Amended Ordinance: /~ v-"'<" Meridian City Council Agenda - June 22, 2004 Page 3 of3 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. July 9, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT July 13,2004 ITEM NO. 5-A REQUEST Approve minutes of June 22, 2004 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: SmLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Mfr/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. J ': CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 22, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Charlie Rountree o X Bill Nary X Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: Boy Scout Troop 190 3. Community Invocation by Pastor Gordon Slyter, with Treasure Valley Worship Center: Present 4. Adoption of the Agenda: Approve 5. Consent Agenda: A. Approve Minutes of May 18, 2004 Pre-Council Meeting: Approve B. Approve Minutes of May 25, 2004 Pre-Council Meeting: Approve C. Approve Minutes of June 8, 2004 City Council Regular Meeting: Approve D. Findings of Fact and Conclusions of Law for Approval: M104- 004 Request for a Miscellaneous request for an amendment to the Development Agreement for Resolution Subdivision No. 1 by Aspen Grove Development, LLC - south of East Overland Road at Celebration Avenue and Gala Street: Approve E. Findings of Fact and Conclusions of Law for Approval: PFP 04-004 Request for Preliminary Final Plat approval of 2 building lots on 2.3 acres in an I-L zone for Haztech Subdivision by Pinnacle Engineers, Inc. - 475 North Linder Road: Approve F. Findings of Fact and Conclusions of Law for Approval: AZ 04- 008 Request for Annexation and Zoning of 5.22 acres from RUT to C-G zone for MaQic View Court by Larry Hellhake - 2855 Magic View Drive: Continue to July 6, 2004 Meeting Meridian City Council Agenda -Junc 22, 2004 Page I of3 All materials presented at public meetings shall becomc propcrty of the City of Meridian. Anyonc dcsiring accommodation for disabilitics related to documcnts and/or hearings please contact the City Clerk's Office at 888-4433 allcast 48 hours prior to the public meeting. G. Findings of Fact and Conclusions of Law for Denial: RZ 04M 004 Request for a Rezone of 9.47 acres from R-4 to L-O and R-15 zones for Southwoods Subdivision by Calderwood Community, LLC - 2090 South Meridian Road: Approve H. Findings of Fact and Conclusions of Law for Denial: PP 04M 007 Request for Preliminary Plat approval for 15 building lots (14 office and 1 residential) and 1 common lot on 9.47 acres in proposed R-15 and L-O zones for Southwoods Subdivision by Calderwood Community, LLC - 2090 South Meridian Road: Approve I. Findings of Fact and Conclusions of Law for Denial: CUP 04~ 008 Request for a Conditional Use Permit for a Planned Development for office and assisted living in proposed R-15 and L- a zones for Southwoods Subdivision by Calderwood Community f LLC - 2090 South Meridian Road: Approve J. Order Granting Remand to Planning and Zoning Commission: AZ 04-005 Request for annexation and zoning of 5.27 acres from RUT to R-4 zones for proposed Packard Acres Subdivision No.3 by Packard Estates Development, LLC - south of East Ustick Road and east of North Locust Grove Road: Approve K. Resolution No. 04-435 at Public Auction: Approve Sale of Property L. Water Main Easement for Retail BuildinQ by Kimball Properties (L6, B5 Bonito Subdivision): Approve M. Water Main Easement for Sierra Plaza by Kimball Properties (L6, B4 Bonito Subdivision): Approve N. StreetliQht AQreement for Lochsa Falls #8: Approve O. StreetliQht AQreement for Paramount #1: Approve P. StreetliQht AQreement for Paramount #3: Approve Q. Water Main Easement in Silverstone Business Campus for Citigroup: Approve R. Public Pathway Easement for Clearbrook Estates by Clearbrook, LLC: Approve Meridian City Council Agenda - Junc 22,2004 Page 2 of 3 All matcrials presented at public meetings shall become property ofthc City of Meridian. Anyone desiring accommodation for disabilities rclaled 10 documents and/or hearings please conlactthe City Clerk's Office a1888-4433 at least 48 hours prior to the public meeting. - 6. Department Reports: 7. (Items Moved from Consent Agenda) 8. FP 04-034 Request for Final Plat approval for 88 single-family residential building lots and 25 common lots on 25.15 acres in an R-8 zone for Settlement BridQe Subdivision No.1 by Capital Development, Inc. - south-east corner of North Locust Grove Road and East McMillan Road: Approve 9. FP 04-033 Request for Final Plat approval for 32 single-family residential building lots and three (3) common lots on 10.09 acres in an R-8 zone for Paramount Subdivision No.4 by Paramount Development, Inc. - east of North Linder Road and north of West McMillan Road: Approve 10. FP 04-035 Request for Final Plat approval for 86 single-family residential building lots and four (4) common lots on 30.64 acres in an R-4 zone for Messina Hills Subdivision No.2 by Tuscany Development, Inc. - west of South Eagle Road and south of East Victory Road: Approve 11. Public Hearing: MI 04-005 Request to allow direct lot access to North Linder Road from an existing home on Lot 2, Block 2 of Cobblefield CrossinQ Subdivision by CMD, Inc. - south of West McMillan Road and east of North Linder Road: Continue Public Hearing to July 6, 2004 12. Public Hearing: MI 04-006 Request to amend the Development Agreement for EI Dorado Business Campus to include nursing homes and residential care facilities as permitted uses by W.H. Moore Company - southwest corner of South Eagle Road and East Overland Road: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 13. Public Hearing: PP 04-012 Request for a Preliminary Plat approval for six commercial building lots and one common lot on 2.82 acres in a C-G zone for Initial Point Subdivision by Robnett Construction - east of North Meridian Road and south of East Fairview Avenue: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 14. Ordinance No. Approve 04-1083 : Open BurninQ Amended Ordinance: Meridian City Council Agenda - June 22, 2004 Page 3 of3 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 City Council Meetin~ June 22, 2004. The regular meeting of the Meridian City Council was called to order at 7:00 P.M., Tuesday, June 22,2004, by Council President Bill Nary. . Members Present: William Nary, Keith Bird, Charlie Rountree and Shaun Wardle. Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nichols, Will Berg, Anna Powell, Brad Watson, Bill Musser, Kenny Bowers, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X Bill Nary X Keith Bird Mayor Tammy de Weerd Narr It looks like it's 7:00 o'clock, our very brief Council meeting of Tuesday, June 22n , we hope. Mr. Clerk, if you could take roll. Item 2: Pledge of Allegiance: Nary: Thank you. We also have -- we have Troop 190 from Meridian and 198 from Meridian as well. Thank you all for being here tonight. We asked someone from Troop 190 if you would lead us in the pledge of allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Gordon Slyter, with Treasure Valley Worship Center: Nary: Thank you very much for doing that for us. We also have Pastor Gordon Slyter of Treasure Valley Worship Center tonight for the invocation. Thanks for being here tonight. Slyter: Let's pray. Dear God in Heaven, thank you for our city and the blessings we enjoy here. Thank you for those who serve our community, our Mayor, the Council, and the many department personnel. We ask your blessing on the deliberations and decisions made here tonight. Please grant wisdom, direction, and understanding. We sincerely ask that righteousness, justice, and common charity would prevail here in Meridian. And as we seek to implement a community vision, may your hand and grace be ever upon us, we humbly ask and thank you for your divine help and protection. We pray these things in the name of Christ our Lord, Amen. Meridian City Council June 22. 2004 Page 2 of 29 Item 4: Adoption of the Agenda: Nary: Thank you very much, Pastor, for being here tonight. Our next item on the agenda is the adoption of the agenda. Bird: Mr. President? Nary: Mr. Bird. Bird: We have one deferral in the Consent Agenda, Item F, which we will take care of that in the Consent Agenda and other than that, I believe that's the only thing that changes, so I move that we approve the revised agenda. Rountree: Second. Nary: It's been moved and seconded to adopt the agenda as presented. All those in favor say aye. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of May 18, 2004 Pre-Council Meeting: B. Approve Minutes of May 25, 2004 Pre-Council Meeting: C. Approve Minutes of June 8, 2004 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: MI 04- 004 Request for a Miscellaneous request for an amendment to the Development Agreement for Resolution Subdivision No. 1 by Aspen Grove Development, LLC - south of East Overland Road at Celebration Avenue and Gala Street E. Findings of Fact and Conclusions of Law for Approval: PFP 04-004 Request for Preliminary Final Plat approval of 2 building lots on 2.3 acres in an I-L zone for Haztech Subdivision by Pinnacle Engineers, Inc. - 475 North Linder Road: F. Findings of Fact and Conclusions of Law for Approval: AZ 04- 008 Request for Annexation and Zoning of 5.22 acres from RUT to C-G zone for MaQic View Court by Larry Hellhake - 2855 Magic View Drive: G. Findings of Fact and Conclusions of Law for Denial: RZ 04- 004 Request for a Rezone of 9.47 acres from R-4 to L-Q and R-15 Meridian City Council June 22, 2004 Page 3 of 29 zones for Southwoods Subdivision by Calderwood Community, LLC - 2090 South Meridian Road: H. Findings of Fact and Conclusions of Law for Denial: PP 04- 007 Request for Preliminary Plat approval for 15 building lots (14 office and 1 residential) and 1 common lot on 9.47 acres in proposed R-15 and L-O zones for Southwoods Subdivision by Calderwood Community, LLC - 2090 South Meridian Road: I. Findings of Fact and Conclusions of Law for Denial: CUP 04- 008 Request for a Conditional Use Permit for a Planned Development for office and assisted living in proposed R-15 and L- o zones for Southwoods Subdivision by Calderwood Community, LLC - 2090 South Meridian Road: J. Order Granting Remand to Planning and Zoning Commission: AZ 04-005 Request for annexation and zoning of 5.27 acres from RUT to R-4 zones for proposed Packard Acres Subdivision No. Lby Packard Estates Development, LLC - south of East Ustick Road and east of North Locust Grove Road: K. Resolution No. Public Auction: Sale of Property at L. Water Main Easement for Retail Building by Kimball Properties (L6, B5 Bonito Subdivision): M. Water Main Easement for Sierra Plaza by Kimball Properties (L6, B4 Bonito Subdivision): N. Streetlight Agreement for Lochsa Falls #8: O. Streetlight Agreement for Paramount #1: P. Streetlight Agreement for Paramount #3: Q. Water Main Easement in Silverstone Business Campus for Citigroup: R. Public Pathway Easement for Clearbrook Estates by Clearbrook, LLC: Nary: Next item is the Consent Agenda. Bird: Mr. President? Meridian City Council June 22, 2004 Page 4 of 29 Nary: Mr. Bird. Bird: On the Consent Agenda, Item F needs to be deferred to July 6, 2004, and Item K, the resolution, it's the -- we have two in our packet and the first one is the one that we are approving. And with that I move that we approve the Consent Agenda and for the President to sign and the Clerk to attest on all proper papers. Rountree: Second. Nary: It's been moved and seconded to approve the Consent Agenda with the deferral of Item F to July 6 and Resolution No. K on our agenda -- resolution number, Mr. Berg? Is 04-4035. Moved and seconded. Mr. Clerk, Would you take roll, please. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: Nary: Our next item on the agenda is department reports. I don't have any listed. Thank you. Item 7: (Items Moved from Consent Agenda) Nary: No items were moved on seven from the Consent Agenda. Item 8: FP 04-034 Request for Final Plat approval for 88 single-family residential bu ilding lots and 25 common lots on 25.15 acres in an R-8 zone for Settlement Bridae Subdivision No.1 by Capital Development, Inc. - south-east corner of North Locust Grove Road and East McMillan Road: Nary: So, we are on Item 8, final plat, Settlement Bridge Subdivision No.1, 04-034. Ms. Powell. Powell: We are moving fast today. This is the final plat for Settlement Bridge and it includes 25 common lots on 25 acres in the R-8 zone. This, as you recall, is near McMillan and Locust Grove and this is our first phase. This is the approved preliminary plat. This is the proposed final plat. It is in substantial compliance with the approved preliminary plat. Staff had just one outstanding concern and that was the fencing that was going to be along the southern boundary in this location. It got quite a bit of -- well, we will call it discussion. Mr. Yorgason received a fair amount of abuse regarding the southern fencing and it was left open. The options that were discussed during the hearings were a hedge link fencing, a wrought iron fencing, and vinyl fencing were discussed as not a reasonable solution. Some of the owners wanted to be able to burn along this property line, others wanted a nicer fence. So, it was left somewhat unresolved. The applicant is proposing chain link with slats, which was never discussed Meridian City Council June 22, 2004 Page 5 of 29 during the hearing process, so we just wanted to bring it before the City Council to -- to consider what type of fencing would be appropriate, just because that one had not been brought up before. So -- and I believe that there is one outstanding issue regarding the temporary fencing that the applicant also wants to raise. With that I will end staff's presentation. Bird: Mr. President? Nary: Yes. Bird: Anna, what is the staff's preferral on fencing or did I miss it? Powell: No. I didn't state one. I know that the developer is in a tight spot, because he has to have something that can't burn. I just -- my personal opinion is that chain link with slats is just about the ugliest fencing material available, so I don't know what to recommend. Bird: Okay. Nary: Any other questions? Bird: I have none. Nary: Mr. Yorgason. And I would disagree with Mrs. Powell, because that hedge link fencing, actually, is the ugliest fencing I have ever seen. Bird: Yes. He's the one that brought that forward. Yorgason: Members of the Council, Council Chairman, President Nary, Dave Yorgason with Capital Development. It's good to be before you tonight for our first phase of the Settlement Bridge Subdivision. It is correct, we've actually spent a lot of effort, more than I think I have ever spent on getting acquainted with fencing and fencing prices and fencing availability and types and appropriateness due to flammability or avoiding burning down the fence in this area. We've actually looked up -- there is a website, which I attempted to do some printing tonight, but their website was actually down, so I couldn't do the printing as I had hoped to, but there are actually about nine different choices of slats and so I'm not at all proposing a certain type of cheap wood slat that might break, there might be some concern about that. There is some polyethylene products that we have come across that can withstand temperatures over 200 degrees. They guarantee 200 degrees anyways. And so we think that's the best solution we have come up with so far, short of a concrete block fence, which we don't think is appropriate between two residential uses and so -- we were prepared to do wrought iron, but the neighbors, frankly, have been pretty adamant they want a solid fence next to us and so that's what we are trying to do is come up with a solution that works for them also, which is the reason for the slats. Our choice originally would have been some more ornamental wrought iron, but they want solid, so that's why we have gone Meridian City Council June 22, 2004 Page 6 of 29 that direction. Also as mentioned by staff on one of the questions, on condition number ten, the final paragraph reads, it's -- from our experience it appears to be a recently new condition on development and if that's what the Council wishes, then, we will comply with it. It reads: Temporary construction fencing to contain debris shall be installed along the boundaries of this phase, unless fencing already exists at the subdivision boundaries, which, again, we will comply with if that's the Council's wishes. Our practice is to require several things. First of all, we have hired staff that goes around daily and picks up trash. Secondly, we, actually, require builders' boxes, trash boxes at every builder's site to contain the trash. I admit fully that not all trash is contained within the boxes, but we are out there daily enforcing that policy. We would hope that the Council might allow for some slight amendment that if we could not -- I guess a better way of saying it, do the moral thing in keeping trash contained, then, we might be required to do the temporary fencing, but that's a pretty substantial cost when we start adding up the cost of the 70 acre site doing temporary fencing around it, so we are hopeful that there might be some latitude there. Otherwise, with those two issues in mind, we'd stand for any questions and request your approval tonight. Nary: Council, are there any questions? Bird: Mr. President? Nary: Mr. Bird. Bird: On the temporary fencing against the -- to contain the debris, I realize you can have all kinds of commitments and stuff from the builders, but that always don't happen with the subcontractors, and it only takes one afternoon of stuff left out and a wind storm come up that the neighbors gets their yards full, so I think the best we have had is -- and I know it's a very expensive item, David, is to put up a temporary fence, but we can't have that stuff blowing all over and I realize that you guys can have all kinds of things with the builders and that, but sometimes subs are pretty lax in picking up after themselves, so -- I understand where you're coming from. If you -- I don't think we necessarily have to fence it, if we can figure out -- if you can figure out some way to guarantee that the neighbors aren't going to be -- and, like you said, you hire people to go pick up everyday, but -- and I would agree with you that the temporary fencing is very expensive and we probably don't need it if you will make sure that they don't fly around. Yorgason: Councilman Nary, Councilman Bird, it's our feeling that temporary fence, to be honest with you, it's four foot high and it doesn't stop all the debris. Six foot is a little better, but even that doesn't stop all the debris. But whatever we can do that helps is the goal, I think, is what we are all trying to do. And I fully admit -- I'm not going to stand here and even pretend that we contain all the trash, not only our builders, but their subcontractors -- even ourselves, we have trash that flies, that's why we have people out there daily. We are just asking for some consideration there. If it's the Council desire not to allow for that latitude, then, we will comply with the condition as it's written. We are just hopeful that there might be something -- and maybe it's something maybe Meridian City Council June 22, 2004 Page 7 of 29 not to decide tonight, but we could sit down with staff to try to find a solution, because I'm not sure standing here tonight we can come up with the right solution, but it's our feeling that it's a pretty expensive cost trying to put a temporary fence, it just gets torn down, it's just a wasted cost and that it doesn't guarantee any protection, because it will only stop some, it won't stop all the trash. Nary: You know, I agree with Councilman Bird, I mean it probably is an expense that for most situations or with developers like yourself, it's probably not really that important, you know, you have already engaged in a lengthy discussion with these folks over a fence, I don't think you or we want to end up in a lengthy discussion over trash and I think just where it is in location and proximity to their homes, I don't know any other way to make at least some reasonable assurance to these folks that it's done. I mean they are going to have to trust you and you're probably going to do your business the way you do your business and that's probably not going to change much, but I think that's the only thing we can do. Otherwise, we are going to end up having to mediate this decision. If we put in there something softer that says as long as you keep cleaning it up, we are going to be arguing over cleaning it up and you have sat here and heard us listen to those types of things and we can't always fix that later. This is about the only thing. But I welcome your suggestion. I'm sure Mrs. Powell would welcome the opportunity to sit down and see if there is other ways to draft some alternatives, because I think that's a great suggestion. I agree with you, I don't know that we can craft it today. Yorgason: Yeah. I agree. Bird: Mr. President? Nary: Mr. Bird. Bird: I agree with you wholeheartedly and I hope that we can take that and do that, when we pass this, if we pass it, that that is a stipulation that -- that Mr. Yorgason sits down with staff and gets something determined, because this is something that would -- I'm sure I'm going to be looking into the future at a lot of places with, too, so I think it's something that the staff and the developer can handle. Powell: President Nary? Nary: Yes. Powell: If I could add just a quick history on this. This item or this condition was placed on some plats, not on others. It was fairly inconsistently applied, depending on which planner had it. We did decide I think about last maybe October to start making it a standard condition of approval. We did consider allowing alternatives, such as exactly what Mr. Yorgason has described, the boxes and the regular pick up and things like that. It just became a very cumbersome wording, so that temporary fencing was easier and we just went with that wording. I think the things that he has described are Meridian City Council June 22, 2004 Page 8 of 29 probably as effective as the temporary fencing. One solution might be just to have it, since mostly the wind blows -- if we could get it on the east boundary, that might be one solution. He's just got Idaho Power to the north of them right now and, then, his own property to the north and, then, Lochsa Falls is to the -- Copper Basin -- Yorgason: Havasu. Powell: Havasu. I always confuse those two. Nary: One of the many. Powell: Yeah. Sorry. So -- and that has large walls, so that's a possibility also. Nary: Mr. Yorgason, I mean if the fencing was -- would it be of any value if the fencing was really just adjacent to other residential properties, so at least we can try to alleviate trash that's up in that -- it wouldn't be -- it may not be as much as having to do it around the entire site and that would be with the additional cleanup to make sure it doesn't become a mess the other way, would that be of some assistance? Yorgason: I think so. As I look at our plat, we have every intention of putting a solid fence on the west boundary, of course, along Locust Grove and on the south boundary of the existing phase one plat -- we will probably carry it a little further, as we typically overbuild it just a little past. On the north boundary is along Idaho Power, that fence is already in, actually. There is a fence and some landscaping along there. So, it's the quarter mile run that's from McMillan down to our south boundary that I'm talking about, which is the same that you were just referring to there. How to avoid that, I -- to be honest, the wind blows both directions, so I don't want to pretend we are going to solve all the trash problems just by putting fences on the east boundary. Typically, winds are pretty dominate to the southeast until you get a pretty good storm and, then, they blow northwest, as we have seen in our other community just a mile and a half west of here. So, if you're looking for an answer tonight, again, if you want us to comply with this, we'd probably just run a solid fence and open fences as we have described in our application and, then, on the east boundary we'd run on temporary -- I think it's four foot high is usually what they come in, but the orange plastic construction fence. It would be a quarter mile long and that's, I think, how that would comply with your request here, so I don't see any change with that. So, maybe it's just we will agree to do that tonight and, then, we will try to find a solution for future phases of the development. Nary: Thank you. Council, is there any mare questions? Yorgason: I don't know if there is any other discussion you want to have on the southern fence with slats that are nearly as ugly as hedge link. Bird: We don't want those camouflage ones. Vargason: There is nine different colors to choose from. Meridian City Council June 22. 2004 Page 9 of 29 Nary: You know, I guess far me is -- I mean as long as it's not going to be flammable, which, obviously, is the key issue here, and you have had discussions about wrought iron fencing and that isn't what the folks want, I don't -- I don't know any other magic solution than what you're proposing, so I mean I think it's -- you know, I think to me the only language change that we can realistically put into these findings is the -- provide the fencing -- the fencing is going to have to be of chain link with flame retardant slats to provide a solid fence and I think it's just going to have to be, you know, whatever it can be to fit in there. Whether or not we want some other check on that, Council, that's your call. I don't know that we can do much more than that. I mean, Mrs. Powell, do you have something better than that? Powell: No, sir. That does seem like the only available option left. Nary: Okay. Powell: At least financially feasible available option. Nichols: Mr. President? Nary: Mr. Nichols. Nichols: Mr. President, I would suggest that we just include in the condition that Mr. Vargason submit the specification far the fence slats to the planning department to verify the heat resistant of the material and be subject, then, to their approval before he goes and orders and buys a bunch of it. Nary: Sounds like further language far number ten. Council, anymore questions or comments? Bird: I have none. Nary: Thank you. Yorgason: Thank you. Nary: Council, anymore input or ready for a motion? Wardle: Mr. President? Nary: Mr. Wardle. Wardle: I move that we approve FP 04-034 with the noted change to item number ten, provide fencing along the southern boundary of the subdivision and provide specifications for review before construction to the planning department. Meridian City Council June 22,2004 Page 10 of 29 Bird: Second. Nary: It's been moved and seconded to approve FP 04-034, Settlement Bridge Subdivision NO.1. Mr. Clerk, would you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 9: FP 04-033 Request for Final Plat approval for 32 single-family residential building lots and three (3) common lots on 10.09 acres in an R-8 zone for Paramount Subdivision No.4 by Paramount Development, Inc. - East of North Linder Road and north of West McMillan Road: Nary: Next item is Item 9, FP 04-033, Paramount Subdivision NO.4. Powell: President Nary, Members of the Council, this is the Paramount Subdivision preliminary plat. The proposed final plat is in the circled area. It includes 32 single- family building lots and three common lots. It is in substantial compliance with the approved preliminary plat and there are no outstanding issues to staff's knowledge. I have not heard from the applicant, so I don't know if they have -- Davies: I'm Jason Davies with Engineering Northwest and we have read through the conditions and we agree with the conditions. Nary: Great. Thank you very much. Council, any questions for staff or Mr. Davies? Bird: I have none, Mr. President. Nary: Okay. Wardle: Mr. President? Nary: Mr. Wardle. Wardle: I move that we approve FP 04-033, final plat for Paramount Subdivision No.4. Rountree: Second. Nary: It's been moved and seconded to approve FP 04-033, Paramount Subdivision No. 4. Mr. Clerk, would you call the roll, please. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Meridian City Council June 22, 2004 Page 11 of 29 Item 10: FP 04-035 Request for Final Plat approval for 86 single-family residential building lots and four (4) common lots on 30.64 acres in an R-4 zone for Messina Hills Subdivision No.2 by Tuscany Development, Inc. - West of South Eagle Road and south of East Victory Road: Nary: Thank you. Item 10, FP 04-035, Messina Hills Subdivision NO.2. Powell: President Nary, Members of the Council, you mayor may not recall -- you have already seen Messina Hills No.2. They have resubmitted and in a moment I will show you why. This is -- this is the approved preliminary plat. The area of tonight's final plat includes this. The first one went across the Ridenbaugh over into this area. They have pulled back all of this and they are just going with this area here. So, this is the final plat before you tonight. It is in substantial compliance with the approved preliminary plat. There are some outstanding issues regarding the drainage lots. There are three drainage lots, one, two, three. I believe thaes them. I got it wrong? One, two, three? Okay. At the time that staff was writing their staff report, the applicant was not sure whether these would be dry drainage ponds in the sense that the water is in them less than 24 hours or as they were terming what drainage ponds and, then, we weren't clear if the applicant meant what drainage as it's just six inches of standing water or if they meant a water amenity. So, we have asked them tonight to clarify exactly how -- apparently this will be a dry drainage pond and, then, these two will be wet. We are assuming that they are going to be water features, but we would like the applicant to address that and if they are going to be water features and ponds, we'd like to know the depth and the slopes and our ordinance requires -- the building ordinance requires that any slopes greater than three to one have some engineering checks done on them, so we would want them to do some sort of -- we need to look at these. We have had a problem in that some of them have been constructed already and they did exceed our slope standards and we are still trying to resolve those ponds. So, I'll end staff's comments there and wait to hear what the applicant has to say. Nary: Thank you. Mr. Brown. Brown: The top northwest corner is Lot 34 and that's a storm drainage pond that was also a part of -- and was built in phase one of Messina Hills No. 1 right up here and initially when we first came in with our preliminary plat we looked at that one being a wet pond, as well as Lot 53 thaes located here. We were able to make this one a dry pond and we had to make it a little bit longer and bigger to make that happen. And, then, the Lot 2, Block 11 down there in the corner is a dry pond. This is the only one that we are concerned about. Our efforts are going to try to make it a dry pond, but if it is wet, the reason it will be wet is that the water can't go out the bottom, we will have to clay the bottom and the water will go out the side slopes. The side slopes would be four to one and you may -- maybe water is in there 48 hours, instead of 24 hours. I mean -- and, then, we will have some aerations, so that we don't have -- whether that's a waterfall or whatever, that when the water is there that it's aerated and, then, it goes away and that's kind of how we are looking at that. And so I propose some modifications to site specific condition nine and ten, that I think cover that, that if -- if it's a wet feature, it will Meridian City Council June 22, 2004 Page 12 of 29 be Lot 53, not 34, and that Lot 2 and Lot 34 would be -- would comply with that 24 hour time period. And that's my proposal. I stand for any questions. Nary: Council, any questions for Mr. Brown? Bird: I have none. Nary: So, it's a waterfall after it rains, but, then, it's not anything when it's not? Brown: You'd have a -- like a float, so that when there is water in there it will kick on the pump and it will circulate it. Whether it's a mechanical one that you have -- I have seen them that look like -- kind of like little rings and they shoot water up in the bottom or whether you have a waterfall similar to what they have in Two Rivers, in all of their ponds they have waterfalls where they just have a sump pump and they pump it up and, then, it runs down the rocks, just depending on what looks the best and what actually works. But our intent is to try to make it dry. I mean that's what we are hoping for, but I didn't want to say it was going to be dry and, then, end up back -- you know, having trouble with Public Works and, then, having to come back before you. So, initially, we are going to try to make it dry, but if it ends up being wet, it will be for a short period of time until the storm event and that is able to leach out the side -- the sidewalls of the storm drain. Nary: Any other questions, Council? Bird: I have none for Mr. -- Rountree: Mr. President? Nary: Mr. Rountree. Rountree: Just a question on the pump, the waterfall, and that sort of thing. Two things come to mind. One, who maintains that and if it's the homeowners association, will they maintain it? It seems to me like it's a fairly elaborate approach that maybe there is a better engineering solution. Brown: If there is a better engineering solution, Commissioner -- or Councilman Rountree, we will look for it, but that -- that's at least what we have been told from a technology standpoint is a way for it to -- because it's going to sit there longer than that 24 hour period of time. Rountree: So, will it be the responsibility, then, of your homeowners association? Brown: Of the homeowners association. Over this 350 lots that we have over the whole subdivision, we are coming back in with two or three swimming pools, we have -- I mean there is a lot of open space and a lot that the homeowners association is maintaining in this development, so it would just be a part of that. Meridian City Council June 22, 2004 Page 13 of 29 Rountree: Okay. Nary: Mrs. Powell, did you have any comment about these suggested changes to the final plat or have you seen them? I guess that would be my first question. Watson: Mr. President, the microphone was stuck in front of me; so I guess I'll comment. Nary: Well, it looks like this went to you, so -- Watson: Yeah. It did. There is a little bit of history on a different part of this project regarding wet ponds and I just wanted to make absolutely sure that when this was brought to you that there was at least some knowledge up front that this was a possibility that there may be some standing water in these areas. I don't know of any other solution, other than what Kent's talking about, to get the aeration and the circulation. So, I guess if you're okay with the open water, standing water, I am, too. Nary: Thanks. Watson: All things being equal, no, we don't want open -- we don't want wet ponds, because they are a nuisance, but if that's all they can do in this case, then, we will work with them. Brown: We don't want wet ponds either. Nary: Thank you very much. Council, any other questions or comments on this application? Rountree: I'm not sure I heard Mrs. Powell's response to your question. Nary: Did you have any response, Mrs. Powell, on this sort of either/or option that Mr. Brown is proposing? Powell: A wet pond as described, I think we were under the impression it was going to be a water feature, which would be water there all the time, but a wet pond as described does not actually count toward your required landscaping, but I do believe that Tuscany had excess and they have come back and they have asked me if they can add swimming pools, so I know they have added at least one amenity to it that would balance out the loss of a small portion of the open space, so I wasn't too concerned about that. I haven't checked the numbers, but I'm fairly confident that they were probably over their required five percent minimums, so -- Nary: Thank you. Council, any other questions or comments? Bird: I have none, Mr. President. Meridian City Council June 22. 2004 Page 14 of29 Nary: Mr. Bird? Bird: I have none. Nary: Oh. Rountree: Mr. President? Nary: Mr. Rountree. Rountree: I move that we approve Item 10, FP 04-035, for R-4 zoning, Messina Hills Subdivision No.2, with the stipulation that site-specific comments of the staff's letter dated June 22nd be modified as in the letter from Mr. Brown, dated the 22nd, for items nine and ten. Bird: Second. Nary: It's been moved and seconded to approve FP 04-035, Messina Hills Subdivision No.2, with the amendments provided tonight by the applicant. Mr. Berg, would you call roll, please. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Nary: We now have the portion of our agenda that's public hearings. If you intend to testify, you think you might testify, you probably are going to testify, if you'd all raise your right hand, we all have to be sworn -- you all have to be sworn before we can do that, we'll do it all at once, if you can raise your right hand if you are going to testify. Do you swear or affirm that the testimony you will provide tonight will be the truth, the whole truth, and nothing but the truth, so help you God? (Affirmative answers.) Item 11: Public Hearing: MI 04-005 Request to allow direct lot access to North Linder Road from an existing home on Lot 2, Block 2 of Cobblefield Crossina Subdivision by CMD, Inc. - South of West McMillan Road and east of North Linder Road: Nary: Thank you. The next item is Item 11, MI 04-005 for Cobblestone Crossing Subdivision. Powell: President Nary, the applicant has asked for this to be continued to July 6. I'm sorry; I forgot to get you that information prior to your adopting the agenda. Meridian City Council June 22, 2004 Page 15 of 29 Bird: Mr. President? Nary: Mr. Bird. Bird: Did you open the Public Hearing? Didn't you? Nary: Yes. Bird: I would move that we continue Public Hearing Ml 04-005 to July 6th, 2004. Rountree: Second. Nary: It's been moved and seconded to move MI 04-005 for Cobblefield Crossing to our July 6, 2004. All those in favor say aye. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: MI 04-006 Request to amend the Development Agreement for EI Dorado Business Campus to include nursing homes and residential care facilities as permitted uses by W.H. Moore Company - southwest corner of South Eagle Road and East Overland Road: Nary: Next, Item 12, M I 04-006 for El Dorado Business Campus. Mrs. Powell. Powell: President Nary, Members of the Council, this proposal is for modification to the development agreement for Bonita or EI Dorado and that area is right here, as I'm sure you well know. They have specifically asked to allow a residential care facility or nursing home as a permitted use in this C-G zone. It would -- the way the development agreement is structured, though; it would transfer over into the C-C zone here as well. The C-G zone -- the development agreement approves any uses listed in the L-O district as permitted uses. However, if you go toward the end of the development agreement where it lists prohibited uses, it specifically calls out nursing homes. So, under one portion of it it would seem to be allowed, but, then, it is specifically called out as nursing homes and sanitariums are called out as prohibited uses. So, they are asking for that to be removed and for them to be listed as principal permitted uses. They have used the term residential care facility. Our zoning ordinance doesn't use that exact language, so Brad has provided you the two definitions that do address it. One is nursing home and the other one is convalescent or nursing home, rest homes, and what they are proposing seems to fit within that description as provided there. So, that's the change to the development agreement in brief form. There is a letter I wanted to point out to you from Ed and Barbara Strickfaden that -- it is -- the third to the last paragraph says: So, while we do not oppose a variance that would allow the skilled nursing home residential facility for 60 beds, we would request both the Meridian Planning and Zoning Committee and W.H. Moore Company supports our request that the canal banks are allowed to retain their natural growth of grasses. We would also ask that if the variance, if approved, is specifically for the skilled nursing home facility and it's -- it isn't a Meridian City Council June 22, 2004 Page 16 of 29 variance, I know you guys would know that, but just for the record, it is not a variance, it's just a change in the development agreement, so they did want to express their concerns, but not with regard to this specific application. Nary: And just for the record, this is a written memorandum that was submitted to us tonight, dated June 22nd from Ed and Barbara Strickfaden at 3044 Green Canyon Drive in Meridian. Council, is there any questions for Mrs. Powell? Or was that it, Mrs. Powell? I'm sorry. Powell. Yes. Nary: Okay. Powell: Unless you have more questions. Nary: Okay. Bird: I have -- not at this time. Nary: Okay. I think I see Mr. Seal back there. Seal: Good evening. Jonathan Seal, 600 North Steelhead, Boise, Idaho, representing W.H. Moore. If I can -- first off, I guess what I would like to say is I understand the purpose we are coming here tonight for is to amend the development agreement for a specific use, but I'd like to explain that. The impetus to this was that recently we were -- we were approached by this health care provider. You have pictures of some of their similar facilities. And this would be the type of quality of facility that they are proposing at EI Dorado Business Campus, so I think it's -- I think it's worthwhile to be able to see at least somewhat of the quality of it. [did have a neighborhood meeting last Tuesday, I think there was about 15 neighbors that came. They -- I think -- I certainly can't speak for them, but I don't see any here, but I think their feedback was they felt this would be a good use. It's as close, in my opinion, to a residential type use as you will get. This particular one wilt border the Ridenbaugh Canal, as the development agreement has said, we agreed to L-O zoned uses within that area, with a height restriction of 35 feet. We believe that this will -- this carries that spirit in the development agreement, even through there is I believe a possibility, certainly, of putting these in other areas of the project. Quite frankly, I think the reason that a nursing home was a prohibited use -- I think it was lumped in with the sanitarium and I think it's reasonable to say that [ don't think anyone would want a sanitarium necessarily behind their home. I think it was, frankly, just an oversight on our part, but I do think that a healthcare facility, skilled nursing, would be a very good use within this project, I think. So, with that we would simply ask that it be approved. If there happens to be any questions with this particular operation, the person who will actually be managing and operating it is here and would be glad to answer any questions you'd like. And with that I certainly would be glad to answer any questions. Meridian City Council June 22, 2004 Page 17 of 29 Nary: Thank you I Mr. Seal. Council, is there any questions? Bird: I have none, Mr. President. Nary: Did you want to hear from the operator of the facility? Okay. Thank you. Seal: You're welcome. Thank you very much. Nary: Council, is there any other information you would like or questions or comments? Is there anyone else? Wardle: Mr. President? Nary: Mr. Wardle. Wardle: A question of Brad. Brad, you have got two definitions in here. Which -- are they both required or -- Powell: I should have clarified. It's the other Brad. Wardle: I'm sorry. Powell: Our zoning ordinance has many definitions that overlap and it's always a challenge, so both are, actually, currently in our zoning ordinance. So, it would -- they don't necessarily contradict one another, just one has a little more definition than the others. So, those are both city code. Wardle: So, would you prefer -- are we adopting just one of them or -- Powell: No. We are just changing the development agreement to allow nursing homes and we just wanted you to know what that meant by our code. Wardle: Thank you. Bird: Mr. President? Nary: Mr. Bird. Bird: Before we close the Public Hearing, I'd like to make a statement. I think that we are just amending the development agreement on this one particular case. I can't believe that we sit and not let that -- a nursing home hit. It's an ideal situation to be in a C-Z zone, I think, so I feel that it's a perfect marriage with the type of building that's going out there at EI Dorado Business Campus. And if nobody else has anything to say, I will move that we close the Public Hearing on MI 04-006. Rountree: Second. Meridian City Council June 22, 2004 Page 18 of 29 Nary: It's been moved and seconded to close the Public Hearing MI 04-006 for EI Dorado Business Campus. All those in favor say aye. MOTION CARRIED: ALL AYES. Nichols: Mr. President? Nary: Mr. Nichols. Nichols: Just a point of order. In the letter from the Strickfadens, it might be appropriate for someone from the city to send them a letter that explains that Nampa-Meridian Irrigation District has deeded title to the Ridenbaugh Canal right of way and, therefore, they own the grass on both sides of that and this particular developer can't trespass onto the district's right of way and do anything with that grass, just so that they know that their concerns were heard and that it wasn't something, really, the city has any control over with regard to the development itself. Rountree: And so when that grass is mowed or burned or maybe maintained by Nampa- Meridian, depending on -- Bird: They know who to get a hold of. Nichols: Right. The maintenance of the ditch would be by the irrigation district, not by the developer or the city. Nary: [t sounds a little like maybe a unanimous consent, Council, if you wanted to simply direct staff to provide a response back to the Strickfadens, so at least they know the right answer. I don't know if it would be more appropriate from the Public Works Department or from the planning department, but that seemed to make sense, for someone to simply respond to the Strickfadens to make sure they understood what the issues were that they were concerned with and where they need to really get redress for those. Powell: Councilmember -- or, I'm sorry, President Nary, Members of the Council, the applicant has just given me a letter addressed to the Strickfadens from Winston Moore and it does talk about all the issues raised in the letter. It talks about the Nampa-Meridian Irrigation District and the fact that they maintain those properties adjacent to the canal. It also addresses the project lighting and it addresses the trees and the little parks within the subdivision, so I think that the applicant has addressed those issues and if you'd like staff still to send another letter, we can, but this -- at first glance, this does appear to address all the concerns raised by the Strickfadens. Bird: Mr. President? Nary: Mr. Bird. Meridian City Council June 22, 2004 Page 19 of 29 Bird: I believe that seeings how they come to the staff -- sent to the staff, I think you ought to respond also. I appreciate the developer doing that, it shows some first class on his part, but I think they address this, the Meridian Planning and Zonint;J, and J think we need to -- if you want to make a copy of the letter and send it with your name on it or just a little note, that's fine, but I think we need to do it from our staff and I don't know how the other Council feel about it. Rountree: I agree. Wardle: I agree. Nary: And J would agree. I mean we know Mr. Moore and certainly are comfortable with his response, but I think Mr. Bird's right, it was sent to the city, so it probably should have at least a response, even if simply to say we have also received a copy of the same letter and we are in agreement with it and if you have concern you can certainly contact us, too, but -- Powell: We will do that. Nary: Thank you. Bird: Mr. President? Nary: Mr. Bird. Bird: I would move that we approve M I 04-006, the request for development -- amend the development agreement for EI Dorado Business Campus to include nursing homes and residential care facilities as permitted uses. Rountree: Second. Nary: It's been moved and seconded to approve MI 04-006 for the EI Dorado Business Campus to amend the development agreement. Mr. Berg, would you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: PP 04-012 Request for a Preliminary Plat approval for six commercial building lots and one common lot on 2.82 acres in a C-G zone for Initial Point Subdivision by Robnett Construction - east of North Meridian Road and south of East Fairview Avenue: Nary: Next Item is a Public Hearing on preliminary plat PP 04-012 for Initial Point Subdivision. Mrs. Powell. " , Meridian City Council June 22, 2004 Page 20 of 29 Powell: President Nary, Members of the Council, this is a -- one of the closest things we get to as an in-fill development in the City of Meridian on occasion. This is -- the property is located in this area. It's right behind JJ Auto and Ultra Touch Car Wash and, then, you will see that the access to the site is from this 40 foot dedicated easement on the property to the east. The applicant is proposing to -- this was originally one lot that's part of a three lot subdivision and the applicant is now proposing to subdivide the remaining parcel into six new build-able lots and there is five buildings, one, two, three, four and five and the sixth lot is to accommodate the drive aisles. The build-able lots range in size from about 5,892 square feet to over 17,000 square feet. And the property is currently designated as -- or zoned as C-G and it is designated as commercial on the 2002 Comprehensive Plan. In April the applicant submitted for a CZC for -- I'm sorry, a certificate of zoning compliance to build a structure here. Staff was not able to issue that, partly because the development agreement for the property had never occurred, so staff is also concurrently working on the development agreement with the applicant on the development agreement and it will come to you at a later time. It was not able to arrive at the same time. However, this plat can -- we felt could go forward without the development agreement at this time. The Planning and Zoning Commission have recommended approval of this project. Chad from Bailey Engineering was representing Robnett Construction and he testified in favor of the application. He discussed flood elevation and fill issues in the northwest corner. The Five Mile Creek comes through this area and eventually connects to Fairview after it goes through this property to the west. So, a portion of it does clip the corner of the property and has a fair amount of flood issues associated with it. The applicant is proposing to raise the site in this -- it sounded -- from the minutes it sounded like a fair amount of the site will be raised to bring that out of the requirements for flood insurance on that property. Lucy Levele or Levele representing Creekside Arbor Apartments testified with concerns about how the drainage pond, which is located in this area here, would be maintained. Her concerns were satisfied when she realized that it was on the common lot that would be owned by -- by all the business owners and, then, maintained by that also. And Rich Jones from JJ Auto noted his willingness to work with the developer to provide a cross-connection through his property here and this is where a lot of the fill discussion came in. I think there is a grade break at this location, but they were able to satisfy the concerns of Mr. Jones regarding -- property will not be draining this way. The applicant might want to discuss that a little bit more. I was not at the Planning and Zoning Commission and the discussion was unclear from the minutes. The key Commission additions and modifications of staff's recommendation included that the applicant not be required to do all the landscaping at once, that he bond for the landscaping buffer improvements and, then, just improve them one by one as each building went in. So, for instance, this building would just do the landscaping around it and, then, as this building went in it would do it there. So, the Planning and Zoning Commission did approve that concept. If the Council is in support of that, then, we need to delete site-specific condition number seven. The Meridian parks department condition notes that the applicant needs to construct a pathway along the Five Mile. It did not specify the timing of that, though, and I did talk to Elroy Huff this afternoon regarding that matter. Typically we require that prior to the first certificate of occupancy being issued on the property and he was still in , I Meridian City Council June 22, 2004 Page 21 of 29 favor of that. I suspect that the applicant, because of the fill they wanted to put on the site, would not be in -- would want that postponed as well. But the parks department did want that pathway constructed prior to the first C of O. As I mentioned, this was a remnant parcel from a previous subdivision that included these two properties. Ultra Touch -- some of you may have been here and probably know this story better than I do, but I'll try and summarize it, but Ultra Touch is basically short 11 parking spaces and those 11 parking spaces are supposed to be provided on this property and that the development agreement does address that concern. So, you won't see that specifically addressed in the preliminary plat that's before you tonight, but that is still an issue on the development agreement. We did want to take this opportunity, though, to have the applicant verify that he is willing to dedicate the 11 parking spaces for joint use -- or up to 11 spaces for joint use with Ultra Touch and just clarify that tonight, because it was a little unclear from the staff report and from the Planning and Zoning Commission hearing. I think that addresses the remaining issues. There are conditions of approval that the applicant stubs out this way. The fill concerns were an issue there, because it wasn't clear when that would become an emergency access. I think they resolved it that fire at this time doesn't need to be able to get out there, but that, eventually, when this property is developed that they be -- have that cross-access agreement in that location. There is no north-south cross-access agreement. There are two drive aisles that exit onto this shared 40 foot easement, so there is a loop, basically, that goes that way. And I think I will end staff's presentation with that and just answer any questions that you may have. Nary: Council, any questions for Mrs. Powell? Bird: I have none, Mr. President. Nary: Mrs. Powell, just on that piece that JJ Auto said they would work on a cross- access through their property. Cross-connection. Are they talking of a pedestrian access? Because it looks like there is a building right there and it looks like a trash enclosure or something in the north -- on the JJ Auto piece. Isn't there a building across that anyway? Bird: Yes, there is. Powell: Yes. And that's why -- and I read through the whole minutes trying to find it -- figure out what was going on there. Unfortunately, Brad Hawkins-Clark was sick today, so I wasn't able to find out a little bit more, but I do believe that cross-access that he was talking about was -- well, I don't know. I think that the applicant needs to explain it, because at this point I don't know. Nary: All right. Thank you. Is the applicant here? Why don't you come on up, please. I think I saw you raise your hand at the swearing in portion, didn't I? Kinkela: Yes. j ~ I Meridian City Council June 22, 2004 Page 22 of 29 Nary: Okay. Would you state your name and spell your last for the record. Kinkela: President Nary, Members of the Council, my name is Chad Kinkela, last name is spelled K-i-n-k-e-I-a, with Bailey Engineering, 1117 East Plaza Drive. I believe that staff did a very good job representing what our project is. I'm not sure, really, where to start here. About the cross-access to the north, you're absolutely correct. There is an existing building that is there. The gentleman from JJ Automotive was trying to be supportive and we were having some secondary access issues. I believe that we have that resolved. We are going to move the trash enclosure and we have already put together legal descriptions and made modifications to the plat to show access going to the east. Thank you. Powell: West. Kinkela: West. Thank you. I was -- only one comment and concern that I had about the recommendations by staff were about the Meridian Park's department condition on the pathway. Currently I'm working on another project in Meridian and we are having a bit of a problem with Nampa-Meridian in paving a pathway along -- I believe that it's Five Mile Creek out towards Black Cat Road and I don't know where we are headed. My client has no problem providing that pathway, but I just wanted to make note of that, but there could be a potential problem with Nampa-Meridian on this one as well, so -- Nary: What about the parking? Kinkela: Parking. That's a problem that this client inherited and he has, to my knowledge, been doing his due diligence to work on that with staff. To my understanding a revised development agreement has been submitted and they are very eager to move forward with that. Nary: Anything else? Council, questions for Mr. Kinkela? Bird: I have none. Rountree: Question about the landscaping. Nary: Mr. Rountree. Rountree: There was an indication that there was a desire to develop the landscaping on an individual development site basis, as opposed to the entire site at once? Kinkela: Yes, sir. Rountree: At what point in time is the common area landscaped? When the development is done or at the start of the development? rJ , Meridian City Council June 22, 2004 Page 23 of 29 Kfnkela: Councilman Rountree, the problem that the developer was foreseeing with this is that if he established all the landscape before buildings were put up, that the majority of the landscaping would be destroyed The developer does not have. any problem putting the landscaping on the north, which is required between the Ultra Touch. The area down by the storm drain pond that will be outside of any improvements, so that will also be landscaped. I think that the issue was in the cluster where the building sites were going to be, so -- Rountree: So, my question is is it a matter of timing on the common areas? That would be one of the first things done or -- Kinkela: In the common areas it would border the north and the south, that's correct, sir. Rountree: Okay. Thank you. Nary: The question I guess I have on that landscaping issue is -- I mean do you have some idea at all on the phasing of the rest? Because I guess what I envision is that first piece that's immediately adjacent to Ultra Touch -- I mean I don't know which one __ building is developed first, so you have got landscaping adjacent to one of them and not the other and it's not the first one, I mean it's going to look pretty odd there to have it that way, so I mean do you folks have some phasing idea of how this is going to work out? Kinkela: To my understanding the first building to the north that's directly in line with the Ultra Touch Car Wash will go first and, of course, that's always market dependent, but to my understanding they have had some -- what's the proper word that I'm looking for? Interest in the other development site, so -- okay. So, the landscape requirement will be that there is going to have to be a five foot landscape buffer here. So, that landscaping will be put in with the sewer, water, street improvements and all of street improvements in the common area will also have to be placed or bonded for this to be a final plat. The developer has also indicated that -- that the landscaping around the pond would be placed, so we would have somewhat of a buffer on the south. So, to answer your question, if this building were to be constructed and built, it would have all of its landscaping around it on its lot. At such time when these buildings would go in, then, they would fill in with their landscaping as well. Nary: So, if I could ask you on the pathway, you're not necessarily asking us to amend the condition as it's written, you're just saying you don't know whether or not that may be a problem -- Kinkela: That's correct. Nary: -- in getting it done. { 'I I Meridian City Council June 22, 2004 Page 24 of 29 Kfnkela: That's correct. We are not in opposition of doing the work. However, sometimes getting the logistics to work with license agreements with Nampa-Meridian and -- Nary: And if I understood you correctly on the parking issue, you said a development agreement amendment -- I don't know if that's the exact words you used, but so what we are anticipating is that someone is going to come back and ask them to remove the requirement to have that -- Kinkela: Oh, no, sir. No. No. No. Nary: Okay. Kinkela: To my knowledge when this -- I wasn't working on this project when it was originally subdivided. There was an outstanding development agreement that was never executed -- apparently it needed a little bit of work to be done to it, so I apologize for the word amended. I should say finalized development agreement. The developer that's currently working with the project has every intent to follow through with that and to my understanding they have already submitted that and committed to the 11 parking stalls. Nary: Okay. Thank you. Kinkela: You're welcome. Nary: Mr. Wardle, did you have a questions? Wardle: Mr. President, I just have a question for Anna and having worked with the parks department and Nampa-Meridian Irrigation, they are having some difficulties achieving all of the requirements by the irrigation district for those pathways. What would be a -- as opposed to requiring that to be constructed before certificate of occupancy, what would be a feasible way of doing that? Powell: President Nary, Councilmember Wardle, we could tie it just to the release of a building permit per Lot 7. Lot 7 is the only non-common lot -- Lot 1 and Lot 7 are the only two lots that have the pathway on them, so that might be another trigger to release to set it to. And, President Nary, if I might address the -- what seemed to me maybe one option for the landscaping would be to have all the landscaping on Lot 1, which, again, is the common areas and, then, along the perimeter, the north and west perimeter, installed and, then, the ones just immediately around the buildings could fill in later, in which case we would still need a revised landscape plan for the whole site. The landscape plan that they submitted that's referenced in Item No. 7 is just for the first building that they wanted to build, so the extent of the landscape plan is approximately like that. We have not seen the landscape plan for the entire site. Wardle: Mr. President? Meridian City Council June 22, 2004 Page 25 of 29 Nary: Mr. Wardle. Wardle: And just to follow up with that, Anna, are you saying that this needs to go back for -- to staff, so that you can review the landscape plan for the entire site? Powell: It isn't uncommon for us to require a revised landscape plan be submitted with the final plat and that's how the condition reads. We could allow still some phasing in of the landscaping immediately around the buildings, but I think if -- if we got the perimeter and, then, the common area landscaping, that that would give the workers enough room to get around and do their construction without damaging -- Wardle: Mr. President? Nary: Mr. Wardle. Wardle: Anna, so you're comfortable with the Commission recommendation that's currently there? Powell: No. The Commission recommended taking out Item No. 7 and not having them do a revised landscape plan. So, we have not seen a landscape plan for the whole subdivision. Typically, we do, even if we don't see it constructed. Fairview Lakes, which will be right across the street, they submitted a whole landscape plan, but they said, you know, we are going to be working on this -- the interior of the site, we just want to do the frontages and the -- I think they did the frontage and, then, whatever phase they were working on at that time, so -- Wardle: So, it would be your preference to leave condition number seven? Powell: I think staff would like to see a complete landscape plan, rather than having to piece it together time by time. It's just typical of what we see. Bird: Mr. President? Nary: Mr. Bird. Bird: I believe the applicant answered Mr. Rountree saying that -- the perimeter and the common areas, he would landscape and I understand, Anna, from the developer's standpoint, that, you know, there is not a guarantee that those buildings are going to sit just exactly like they are shown on the preliminary and sometimes you can't -- you have to do different on your landscape. I mean I'm sure he can draw some kind of a preliminary landscape for your preliminary plat, but -- I don't know. I don't see where that's a real hang up on my part of having -- if he will do the exterior and the common lots, then, I don't have any -- I'm like Mr. Rountree, I have no problem with it. Wardle: Mr. President? 10 ~ , CoC Meridian City Council June 22. 2004 Page 26 of 29 Nary: Mr. Wardle: Wardle: And just to clarify -- and correct me if I'm wrong, Anna, but as I understand what Anna's saying is they have only seen the landscape for Lot No.1, not -- and the developer is committed to do that. Condition No.7, as I understand it, requires them to submit a revised landscape plan and it can be phased, which I think we all agree is the best way to do it. Is that correct, Anna? Powell: Yes. And I must not have been clear before, because I'm not opposed to the phasing at all and I -- that's probably appropriate. It's just that we don't know what they are planning to do for the landscape plan and we do have requirements that generally we look at how they relate to the subdivision, the preliminary landscaping requirements, the one every 35 feet. It will just be -- typically staff reviews it for the subdivision as a whole and, then, when the certificates of zoning compliance come in, we just look to make sure that they are consistent with the subdivision landscape plan. Nary: Council, any other questions or comments? Bird: That answered mine. Wardle: Mr. President? Nary: Mr. Wardle. Wardle: Hearing no more comments, I move we close Public Hearing PP 04 -- Bird: You haven't asked for other-- Wardle: Oh, I'm sorry. Nary: Is there anyone else that wants to testify or did you have any further response, Mr. Kinkela? I'm sorry. Kinkela: I just wanted to say that we would have no problem with submitting per the request. Nary: Thank you. Okay. Now. Wardle: Now? Mr. President? Nary: Mr. Wardle. Wardle: I move that we close Public Hearing PP 04-012, preliminary plat for Initial Point Subdivision. (~ l. t Meridian City Council June 22, 2004 Page 27 of 29 Rountree: Second. Nary: It's been moved and seconded to close the Public Hearing for PP 04-:012 for Initial Point Subdivision. All those in favor say aye. MOTION CARRIED: ALL AYES. Wardle: Mr. President? Nary: Mr. Wardle. Wardle: I move that we approve PP 04-012, preliminary plat for Initial Point Subdivision, leaving in site specific condition number seven and requiring construction of the pathway along the Five Mile Creek before release of a building permit for Lot No.7. Rountree: Second. Nary: ]t's been moved and seconded for approval of PP 04-012, Initial Point Subdivision. Is there any other comment? Mr. Wardle, on number seven there is a second sentence that says if the buffer between land uses and the perimeter landscape are approved to be delayed, this condition is null and void. It appears that isn't -- it isn't going to be delayed anyway. Is there a necessity to remove that sentence or is it __ does it matter? Powell: I think it would be better to remove that second sentence and if you want to add -- or modify the sentence to say something like phasing within the individual building lots is approved by Councilor something like that. Nary: Your choice. Wardle: Mr. President, I would move to amend my motion to delete the second sentence in item number seven and say that phasing of the landscaping is allowed with staff approval. Nary: Second agree? Bird: Second agrees. Nary: It's been moved and seconded and amend to -- for PP 04-012 for Initial Point Subdivision. Mr. Berg, would you call roll, please. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. t' 1". r Meridian City Council June 22,2004 Page 28 of 29 Item 14: Ordinance No. Ordinance: Open BurninQ Amended Nary: Our last item is Ordinance No. 04-1083, the open burning amended ordinance. Mr. Berg, would you read that ordinance -- is there other discussion before we read it by title? I was trying to hurry. Sorry. Are you ready for Mr. Berg to read it by title? Berg: Okay. Thank you, Mr. President, Members of the Council. Ordinance No. 04- 1083, an ordinance amending the following sections: Section Four, prohibition against open burning in Section Six permits to Chapter 2, Title 5, open burning in Section Four, definitions, Section Five air quality designations and alert criteria and Section 12 penalty of Chapter 3, Title 5, to provide for Subsections A and B within Section Four and to provide for additional language within Section Six, Chapter 2, Title 5 and to provide for definitions for air quality index, operator and permit holder, and to eliminate language within Section 4 and in Section Five to provide for addition and elimination of language within Subsection A, to delete the existing Subsection B and to add a new Subsection B and C and in Section 12 to provide for an additional enforcement from the title of the section and to eliminate and add language in Subsection A and to provide for a new Subsection Band C to Chapter 3, Title 5, for the City of Meridian, Idaho, providing for conflict, severability, savings clause, and providing for an effective date. Nary: Thank you, Mr. Berg. You have had now Ordinance No. 04-1083 read by title only. Does anyone in the audience or Council want the ordinance read in full? It's eight pages long, it's as interesting as that title. Are you sure? Council, is there a motion? Rountree: Mr. President? Nary: Mr. Rountree. Rountree: I move that we approve Ordinance 04-1083 with suspension of rules. Wardle: Second. Nary: It's been moved and seconded for the approval of Ordinance 04-1083, open burning amended ordinance. Mr. Berg, would you call roll, please. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Nary: And it looks like we are almost to 8:15. Council, we have reached the end of our agenda. Mr. Willis, before we started, said we would be done at 8:15, so -- Bird: I move that we adjourn. Rountree: Second. ~ ~ I '<.- / r Meridian City Council June 22, 2004 Page 29 of 29 Nary: It's been moved and seconded to adjourn. All those in favor say aye. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:15 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ( //3 /&1- DATE APPROVED c June-1B, 2004 MERIDIAN CITY COUNCIL MEETING MI 04-004 June 22, 2004 APPLICANT Aspen Grove Development, LLC ITEM NO. 5-D REQUEST Findings - Request for a Miscellaneous request for an amendment to the Development Agreement for Resolution Subdivision No. 1 - south of East Overland Road at Celebration Avenue and Gala Street 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: MERI DIAN POST OFFICE: OTHER: contacted\J.)O '1\_ ~\[\ "Ilf\!lA, Emailed: See attached Findings I'JN'OvJ-/ Cvfr Date: &JI g ~Ol{ Staff Initials: Phone: ~)r~dP!~ Materials presented at public meetings shall become property of the City of Meridian. 'I 8 2004 WHITE PETERSON ATTORNEYS AT LAW KEviN E. DINIUS JULIE KLEIN FISCHER CHRISTOPHER D. GABBERT WM. F. GIGRAY, JJI T. GUY HALLAM .. JILL S. HOLlNKA JOlIN R. KOR,\lANIK · WILLlAMA. MORROW WILLIAM F. NICHOLS .. WHITE PETERSON, PA CANYON PARK AT THE [oAHOCENTER 5700 E. FRANKLIN RD., SUITE 200 NA,\1PA, IDAHO 83687-7901 TEL (208) 466-9272 FA,X (208) 4664405 CHRISTOPHER S. NVE PHILIP A. PETERSON TODD A. ROSSMAN TERRENCE R. WHITE ... · Also admitted in CA *. Also admitted in OR **. Also admitted in W A June 16, 2004 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: RESOLUTION SUBDIVISION NO.1 - MI-04-004 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO RECORDED DEVELOPMENT AGREEMENT FOR RZ-OO-003 - RESOLUTION SUBDIVISON NO.1 BY: ASPEN GROVE DEVELOPMENT~ LLC Dear Will: Please find enclosed the Resolution Subdivision No.1 MI-04-004 Findings which item was heard at the Council meeting held on June 8, 2004. These Findings are ready for placement upon an upcoming Council agenda. Additionally, an Amendment To Development Agreement has been supplied to the City by the applicant for execution. All issues relating to this project have now been resolved and the Amendment To Development Agreement is now ready for signatures. Please note that a copy of the recorded Development Agreement will need to be attached to the Amendment To Development Agreement. Additionally, the Council will first need to approve the Resolution Subdivision No.1 MI-04-004 Findings at an upcoming Council meeting. Once you have obtained the appropriate signatures for the Amendment to the Development Agreement, a copy of the original recorded Development Agreement will need to be attached to the Amendment, and then may then be placed upon a Council agenda for approval once the MI-04-004 Findings have been approved. If you have any questions arise, please advise. Very truly yours, Wm. F. Nichols Z:\ Work\M\Meridian\Meridian J 5360M\Rcsolulion Subdivision No. I - Aspen Cove Delpml MI-04-004\Amendml Dev Agml Clerk Ltr 06 1604.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR REQUEST FOR AN AMENDMENT TO RECORDED DEVELOPMENT AGREEMENT FOR RESOLUTION SUBDIVISION NO.1, LOCATED SOUTH OF EAST OVERLAND ROAD AT CELEBRATION A VENUE AND GALA STREET, MERIDIAN, IDAHO BY: ASPEN GROVE DEVELOPMENT, LLC, APPLICANT C/C 06/08/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. MI-04-004 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO RECORDED DEVELOPMENT AGREEMENT The above entitled matter coming on regularly for public hearing before the City Council on June 8, 2004, at 7:00 o'clock p.m. at the Meridian City Hall located at 33 East Idaho, and Steve Siddoway for the Planning and Zoning Department, Jason Densmer, and Mark Guho, appeared and testified, and the City Council having received a report from Craig Hood for the Planning and Zoning Department, and the City Council having received testimony as part of the record ofthis matter, and the applicant having submitted his application for a request for an amendment to recorded Development Agreement, and which application is herein received and adjudged by the City Council pursuant to Meridian City Code S 8-2-5, and being fully advised in FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO RECORDED DEVELOPMENT AGREEMENT FOR RESOLUTION SUBDIVISION NO. 1 BY; ASPEN GROVE DEVELOPMENT, LLC FOR MI-04-004 P AGE I OF 6 the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows: FINDINGS OF FACT 1. The property is generally located south of East Overland Road at Celebration Avenue and Gala Street, Meridian, Idaho. 2. The applicant of the subject property is Aspen Grove Development, LLC. 3. The owner of the subject property is Aspen Grove Development, LLC, and Mark Guho who is a registered agent for Aspen Grove Development, LLC, has submitted the subject application. 4. The location ofthe subject property is presently located in an L-O zone. 5. The legal description of the property is on file in the City Clerk's office which is located at 33 East Idaho Street, Meridian, Idaho. 6. The applicant, Aspen Development, LLC, has requested modification to a Development Agreement for approximately 5.2 acres located on the south side of Gala Street, just south of Overland Road, and just east of MilIennium Way, in an L-Q zone. The subject Development Agreement, dated July 18, 2000, recorded on July 20, 2000 as Instrument No. 10056508, records of Ada County Idaho. The applicant is proposing to amend Item 4 on Page 4 of the recorded Development Agreement for RZ-00-003 (Resolution Subdivision No.1). Item 4, "Uses Permitted by This Agreement" states: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Sections 11-7-2 G FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO RECORDED DEVELOPMENT AGREEMENT FOR RESOLUTION SUBDIVISION NO.1 BY: ASPEN GROVE DEVELOPMENT, LLC FOR MI-04-004 PAGE 2 OF 6 which are herein specified as follows: (L-O) Limited Office District: The purpose ofthe L-O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nomesidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. With the further restriction that all uses and development ofthe subject real property shall be governed under the conditional use permit process as a planned development. For the construction and development of a planned commercial development. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. The applicant is proposing to amend the Development Agreement to remove the obligation for future uses on Lot 1, Block 1, Resolution Subdivision No.1, from obtaining Conditional Use Permit approval (see Applicant's Submittal Letter, dated May 14, 2004). Item 22.1 on Page 11 of the recorded Development Agreement for this property states: 22.1 No condition governing the uses and/or conditions governing development 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. 7. This miscellaneous application is for an amendment to the recorded Development Agreement (Instrument No. 10056508) for 5.2 acres. The applicant agrees to the majority of the existing terms and conditions in the recorded Development Agreement, however, the applicant FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO RECORDED DEVELOPMENT AGREEMENT FOR RESOLUTION SUBDIVISION NO.1 BY: ASPEN GROVE DEVELOPMENT, LLC FOR MI-04-004 PAGE 3 OF 6 desires to have the recorded Development Agreement clarify the uses allowed under. the City's Zoning Ordinance codified at Meridian City Code S 11-7-2 G; that the property will be governed under the conditional use process as a planned development for commercial development, and the applicant desires to remove the obligation for future uses on Lot 1, Block 1, Resolution Subdivision No.1, :from obtaining Conditional Use Permit approval. 8. The subject application, is pertaining to approximately 5.2 acres located on the south side of Gala Street, just south of Overland Road, and just east of Millennium Way, in an L- Ozone. 9. The applicant shall be required to comply with all conditions and requirements within the original Development Agreement (dated July 18,2000, recorded on July 20,2000 as Instrument No.1 0056508, records of Ada County Idaho, with the exceptions ofthe amendments to 4.1,4.2 and 22.1, as addressed within the Amendment to Development Agreement. CONCLUSIONS OF LAW 1. Approval of this request to allow an amendment to recorded Development Agreement for 5.2 acres, is based upon the information provided by the applicant, staff comments and testimony at the public hearing on June 8, 2004, and which subject property is located south of East Overland Road at Celebration Avenue and Gala Street, Meridian, Idaho. The applicant is required to comply with the conditions as stated in Findings of Fact No.9. FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO RECORDED DEVELOPMENT AGREEMENT FOR RESOLUTION SUBDIVISION NO.1 BY: ASPEN GROVE DEVELOPMENT, LLC FOR MI-04-004 PAGE 4 OF 6 DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code g 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. That the applicant is granted approval to an amendment to recorded Development Agreement for 5.2 acres, located south of East Overland Road at Celebration A venue and Gala Street, Meridian, Idaho; and that the applicant shall be required to comply with all the above conditions and requirements of staff and/or governmental entities. 22i'\.J ~ action of the City Council at its regular meeting held on the -day of ,j U/YL.L ,2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ VOTED ~L VOTED~ VOTED*, VOTED COUNCILMAN WILLIAM L.M. NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO RECORDED DEVELOPMENT AGREEMENT FOR RESOLUTION SUBDIVISION NO.1 BY: ASPEN GROVE DEVELOPMENT, LLC FOR MI-04-004 PAGE 5 OF 6 Attest: tJJ1l df~~b I tJ- - ~ William G. Berg, Jr., City Clerk -:- ;r~u ,OJ 0 2 ~..,o Sf lSi ' -<,.$ -;;.. :;'If ~ ," Copy served upon Applicant, the Planni;g"'~n&'0~gl)~'ar'tinent, Public Works Department /11 · ~~ and City Attorney. !!limn 11\1\\\\ By: ~\ C1 ,J:tJ\. 0 0 fII"..-) City Clerk's Office Dated: LD~ d3- 04- Z:\Work\M\Meridian\Meridian I5360MlResolution Subdivision No. I - Aspen Cove Delpmt MI-04-004\FfClsOrdMI-04-004.dcc FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REQUEST FOR AN AMENDMENT TO RECORDED DEVELOPMENT AGREEMENT FOR RESOLUTION SUBDIVISION NO.1 BY: ASPEN GROVE DEVELOPMENT, LLC FOR MI-04-004 PAGE 6 OF 6 June-1B,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Pinnacle Engineers, Inc. P FP 04-004 June 22,2004 ITEM NO. 5 . G:. REQUEST Findings -- Requst for a Preliminary / Final Plat approval of 2 building lots on 2.3 acres in an I-L zone for Haztech Subdivision - 475 North Under Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings 6rr"~ ~)OJJL }J\,Jl\' vvVLO rJ Date: LJ.~'1~ ~O~ Staff Initials: Phone: ~!7-77u/) Contacted: Emailed: Materials presented at public meetings shall become property of the City of Meridian. JUN 'I j' 2004 Interoffice Of Ivleridian Clerk Office MEMORANDUM To: William G.~Berg, Jr. 1/) Wm. F. Nichols YJ Haztech Su Ivision By: Pilmacle Engineers, Inc. From: Subject: File No. PFP-04-004 - Findings of Fact and Conclusions of Law and Order of Conditional Approval of Preliminary/Final Plat Date: June 16, 2004 Will: Regarding the above referenced matter, please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT, for approval and signature by the Mayor and yourself. Please serve a conformed copy of the FINDINGS upon the applicant, with a Certificate of Service in the file, and conformed copies to the Planning and Zoning Department, Public Works, and the City Attorney. If you have any questions please give me a call. Z:\Work\M\Meridian\Meridian .15360M'Hazlcch Subdivision PFP-04-004\Berg PFP MEMO 06 16 04.do.:; BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST ) FOR PRELIMINARYIFINAL PLAT FOR ) APPROVAL OF TWO BUILDING LOTS ON ) 2.3 ACRES IN AN I-L ZONE FOR HAZTECH ) SUBDIVISION, LOCATED AT 475 NORTH ) LINDER ROAD, MERIDIAN, IDAHO ) ) ) ) ) ) ) ) PINNACLE ENGINEERS, INC. APPLICANT. C/C 06/08/04 CASE NO. PFP-04-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARYIFINAL PLAT The above entitled matter coming on regularly for public hearing before the City Council on June 8, 2004, and Steve Siddoway of the Planning and Zoning Department, and David McKinnon, appeared and testified at the hearing, and the City Council having received a report from Brad Hawkins-Clark for the Planning and Zoning Department and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the PlalU1ing and Zoning Commission and the applicant having submitted the Plat Drawing described as follows, "PRELIMINAR Y PLAT FOR HAZ-TEC SUBDIVISION, A PORTION OF THE SE 'l4 OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN ADA COUNTY, IDAHO 2004, DATE: 2-10- 04, HAZ-TEC SUBDIVISION PRELIMINARY PLAT BOB CORN, DRAWN BY: BKR, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY lFINAL PLAT - HAZTECH SUBDIVISION - (PFP-04-004) PAGE 1 OF 10 DESIGNED BY: DBM, CHECKED BY: KNS, PROJECT NO. C046023, SHEET PP-l, BOB CORN - OWNER/DEVELOPER, PINNACLE ENGINEERS, INC.", Bob Corn, developer submitted for preliminary/final plat approval, and which preliminary/final plat application is herein received and adjudged by the City Council, pursuant to Meridian City Code, Section 12-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Amended Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted August 6,2002, Resolution No. 02-382, and the property is presently zoned I-L (Light Industrial District), and requires connection to the Municipal Water and Sewer System. [see Meridian City Code, Section 11-7-2 N] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. It is found that the subdivision to be in conformance with the Comprehensive Plan. The Future Land Use Map designates the property as Industrial. The Plan includes several polices which encourage the creation and protection of industrial/commercial properties within the city limits (see Chapter IV, pg. 26, Goal I, Obj. A, Policy #6 and Chapter VII, pg. 104, Goal I, Obj E, Policy #4). Existing zoning on the property is Light Industrial. The subject plat is intended for industrial development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITrONAL APPROVAL OF PRELIMINARY/FINAL PLAT- HAZTECH SUBDIVISION - (PFP-04-004) PAGE 2 OF 10 3. It is found that public services are available to accommodate the proposed development. The existing Haz Tech building is already hook-up to municipal water and sewer. Water and sewer services were stubbed to Lot 2 as part ofthe private street improvements ofW. Marcon Lane and will have to be extended by the applicant to serve the new lot. All adjacent public roadways have been completed to the required design and approach standards. Emergency services and solid waste services are already serving Lot 1 and are available to serve any new use on Lot 2. 4. It is found that the subdivision will not require the expenditure of capital improvement funds. All required utilities are either in place or will be the responsibility of the developer. 5. It is found that the development will not require major expenditures for providing supporting services. The developer will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary costs to serve the future residents will be fire and police services. 6. It is found that there should not be any other health, safety or environmental problems associated with this subdivision. 7. The Union Pacific Railroad is a facility that affects the consideration of this application. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT- HAZTECH SUBDIVISION - (PFP-04-004) PAGE 3 OF 10 Section 12-3-5 and based upon the above and foregoing Findings of Fact which arellerein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary/Final Plat of the applicant as evidenced by "PRELIMINARY PLAT FOR HAZ-TEC SUBDIVISION, A PORTION OF THE SE Y4 OF SECTION 11, TOWNSHIP 3 NORTH, RANGE I WEST, BOISE MERIDIAN ADA COUNTY, IDAHO 2004, DATE: 2-10-04, HAZ-TEC SUBDIVISION PRELIMINARY PLAT BOB CORN, DRAWN BY: BKR, DESIGNED BY: DBM, CHECKED BY: KNS, PROJECT NO. C046023, SHEET PP-l, BOB CORN - OWNER/DEVELOPER, PINNACLE ENGINEERS, INC.", has been submitted for preliminary/final plat. 2. The conditions of Staff pertaining to the Preliminary/Final Plat comments are as set forth in the Memorandum to the Mayor and City Council from Brad Hawkins-Clark for Planning and Zoning Department, and Bruce Freckleton, Engineering Teclmician III, dated: Transmittal Date: May 3,2004 P & Z Hearing Date: May 6, 2004, listing 13 Site Specific Comments - Preliminary/Final Plat, a true and correct copy of which is attached hereto and marked Exhibit "A", and consisting of six pages, and by this reference incorporated herein, and the response letter from David McKinnon of Pinnacle Engineers, Inc. dated May 6, 2004, a true and correct copy of which is attached hereto and marked Exhibit "B", and consisting of two pages, and by this reference incorporated herein, and with the additional requirements from the City Council from their meeting of June 8, 2004, and the requirements are as follows, to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT- HAZTECH SUBDIVISION - (PFP-04-004) PAGE 4 OF 10 2.1 Per the action of the City Council taken at their June 8, 2004.meeting, and specifically pertaining to the staff report under Site Specific Comments - Preliminary/Final Plat, number 6 under the Fire Department conditions, and it shall now read as follows: SITE SPECIFIC COMMENTS - PRELIMINARYIFINAL PLAT FIRE DEPARTMENT 6. Fire sprinklers will be required for all buildings associated with this project, if required by an adopted safety code such as the IBC or the IFC. (Per action of the City Council taken at their June 8, 2004 meeting.) 2.2 Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Utilize the existing access located adjacent to the southern property line as proposed. No additional access points to Linder Road have been proposed and none are approved with this application. 2. Other than access points specifically approved with this application, direct lot or parcel access to Linder Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 3. The applicant shall be required to repair any existing damaged sidewalk; curb and gutter construction or replacement; replacement of unused driveways with standard curb, gutter and sidewalk; installation of pedestrian ramps; pavement repairs; signs; traffic control devises; and other similar items in order to correct deficiencies or replace deteriorated facilities. The applicant shall be required to work with the Development staff to correct any deficiencies abutting the site. 4. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of- way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT- HAZTECH SUBDIVISION - (PFP-04-004) PAGE 5 OF 10 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 celtify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT- HAZTECH SUBDIVISION - (PFP-04-004) PAGE 6 OF 10 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 platmed use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject propeliy unless a waiver/variance of said requirements or other legal relief is gratlted pursuant to the law in effect at the time the change in use is sought. 2.3 Adopt the Comments of the Sanitat.y Services Company (SSC) as follows (note these are not plat conditions - only comments for future development) : 1. Overhead Clearance: Prior to issuance of a celiificate of zoning compliatlce, the applicant shall provide a site plan that has a minimum of 13 ft. clearance for service vehicle height, including power and telecommunication lines. This requirement increases to 22 ft. clearance at container service locations. 2. Waste enclosure access: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site platl that has drive-on capability for 6 and 8 cubic yard. Containers. Allow a minimum of 60 ft. frontal clearance for such containers. 3. Turning Radius: Prior to issuance of a ce11ificate of zoning compliance, the applicant shall provide a site plan that has a minimum of 50 ft. turning radius. 4. Waste enclosure Pad: Prior to issuance of a certificate of zoning compliance, the applicatlt shall provide a site plan that has a concrete pad inside of all enclosures. 5. Waste enclosure aprons: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has an 8 ft. concrete apron in front of all waste enclosures greater than 6 and 8 cubic yards. 6. Waste enclosure gate locks: Prior to iSSUatlCe of a certificate of zoning compliance, the applicatlt shall provide a site plan that has gate locks for both open and closed positions. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY/FINAL PLAT- HAZTECH SUBDIVISION - (PFP-04-0Q4) PAGE 7 OF]O 7. Waste enclosure dimensions: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a minimum of 10ft. clearance inside of the enclosure gates with the gates in the open position. 8. Waste enclosure bumpers or stops: Prior to issuance ofacertificate of zoning compliance, the applicant shall provide a site plan that has bumpers or stops inside of the enclosure to prevent the container from damaging enclosure walls and gates. 9. Waste enclosure user access: When possible, design the enclosure with an easy pedestrian access point other than the front gates. This will insure less mess in the enclosure as well as reduce gate damage. 2.4 Adopt the Recommendations of the Central District Health Department as follows: The Central District Health Department 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 stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1. State ofIdaho Catalog of Storm water 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. 2.5 Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. If any surface drainage leaves the site the District requires a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT- HAZTECH SUBDIVISION - (PFP-04-004) PAGE 8 OF 10 Land Use Change Application be filed for review prior to final platting. 2. All laterals and waste ways must be protected. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the District. 3. 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: a. The Plat dimensions are approved by the City Engineer; b. 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; and NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROY AL OF PRELIMINARY/FINAL PLAT- HAZTECH SUBDIVISION - (PFP-04-004) PAGE 9 OF 10 eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 22fl~ay of cTlMvL ,2004. By: &Jd "'1- ~ 1v. TammydeWeerd 61- \\\llIlM~,;y?r, City of Meridian \\\\ . 7'11 \\\\\_1 Of 'tli.[FtI^III/~ " :<I..... V,i I" Attest: $" c} O?-PO~A"~.-z,, ~~ , CJ ""'I,,,, .-' :2 ~ "0 ::; j .~ ~ft ::: 7~ SEAL 6' _= William G. Berg, Jr., Cit Clerk %."'0 oU8r 1si . ,0 p j ~...... ~ ,.. ...0~ \,Y ...../ ....OlJN:f'{ \V"\\\\ Copy served upon Applicant, the Plann({1'g/~fu(;W~llq'ifDepmiment, Public Works Depmtment and City Attorney. By: ~,~ City Clerk Dated: lb'23-04 Z:\Work\M\Meridian\Meridian I 5360M'l.Jazlech Subdivision PFP-04-004\PFP FfCls.doc FINDINGS OF FACT AND CONCLUSIONS OF LA W AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY/FINAL PLAT- HAZTECH SUBDIVISION - (PFP-04-004) PAGE IO OF 10 j ;~~#~' '~~, I V,, vv \\;-. IDAHO l:~ ~'~ /y 0$'-0 /f./ ."v (~)/ :;;,!:.l;ll'f' " I p: 'i..-<~ ~.lIlI,^SUH\'. ~- r. ~)\"' ---= ',1~G3 COI'f'flFmLL (A!1ID,BlJ~ 3-.y;Bail 8ffi.il3Rl 3 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird William L.M. Nary Shaun Wardle Charles M. Rountree f'-~. / CITY OF . - VVlerldian tl....., '~~ PUBBKlG\lOOKKS BBlliODllSlCIDBERRIlrn:'rHSlilT (411&J~lJl'B-l~I2U H;Bail~955Ji:l LE6M1DBEM.lWfimlilr (~~2-.yJ\JIOi~5 STAFF REPORT: Transmittal Date: May 3, 2004 P&Z Hearing Date: May 6, 2004 To: Mayor, City Council and Planning & Zoning Commission Brad Hawkins-Clark, Principal City Planne/~\\L Bruce Freckleton, Senior Engineering Tech ~ Haztech Subdivision From: Re: · Preliminary/Final Plat Approval of a Two (2) Lot Subdivision on 2.3 Acres in a I-L Zone, by Pilmacle Engineers (File No. PFP-04-004). 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 The Applicant, Pinnacle Engineers, has applied for Preliminary/Final Plat approval of a two (2) lot industrial (I-L) subdivision on 2.3 acres ofland located on the west side ofN. Linder Road and south of the Oregon ShortlinelUmon Pacific Railroad. All of the subject land has been annexed. An existing business (HazTech Drilling, Inc.) is located on Lot 1. The proposed Lot 2 (western lot) is currently vacant (except for an existing fence and landscaping). In September 2002, a new private road (W. Marcon Lane) was approved by the City which extends approximately 650 feet west of Linder Road to serve the Marcon concrete barrier storage site and abuts the subject property to the south. Marcon Lane was constructed to ACHD design standards and has a 24-foot wide blanket easement for City of Meridian sanitary sewer and water utilities. The original parcel of land was illegally split through a Record of Survey (not a plat, as required by ordinance). As noted in Pinnacle Engineer's application, the Ada County Assessor's assigned numbers to each parcel (as a result of the ROS being recorded). However, until both parcels are created via the City of Meridian subdivision process, the City does not recognize the westernmost parcel (shown as Lot 2) and no building permit or Certificate of Zoning Compliance for a change of land use can be issued until a subdivision is recorded. Exhibit A 1 of 6 Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: May 6, 2004 Page 2 Staff is recommending approval of the subject application with conditions as noted below. LOCATION The propelty is located on the west side ofN. Linder Road, south of the Union Pacific Railroad in Township 3 North, Range 1 West, Section 11. The property is designated as "Industrial" in the 2002 Comprehensive Plan. SURROUNDING PROPERTIES North: UPRR and a 10-acre parcel used for storage and flex space, zoned I-L. South: Storage Cubbies, zoned I-L. East: Group/commercial daycare facility, zoned L-O. West: Marcon concrete barrier storage site, zoned 1- L. OWNER OF RECORD The property owner of record is Haz-Tec Drilling, Inc.; Mr. R.J. Corn, President of Haz-Tec, has provided notarized consent for Pinnacle Engineers to submit the subject application. PRELIMINARY PLAT FINDINGS AND REQUIREMENTS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds the proposed subdivision to be in conformance with the Comprehensive Plan. The Future Land Use map designates the property as 'Industrial'. The Plan includes several policies which encourage the creation and protection of industrial/commercial properties within the city limits (see Chapter IV, pg. 26, Goal I, Obj. A, Policy #6 and Chapter VII, pg. 104, Goal I, Obj. E, Policy #4). Existing zoning on the property is Light Industrial (I-L). The subject plat is intended for industrial development. b. The availability of public services to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. The existing Haz Tech building is already hooked-up to municipal water and sewer. Water and sewer services were stubbed to Lot 2 as part of the private street improvements of W. Marcon Lane and will have to be extended by the applicant to serve the new lot. All adjacent public roadways have been completed to the required design and approach standards. Emergency services and solid waste services are already serving Lot 1 and are available to serve any new use on Lot 2. c. The continuity of the proposed development with the capital improvement program; Exhibit A 2 of 6 Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: May 6, 2004 Page 3 Staff finds that the subdivision will not require the expenditure of capital improvement funds. All required utilities are either in place or will be the responsibility of the developer. d. The public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. The developer will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future residents will be fire and police services. e. The other health, safety or environmental probl~ms that may be brought to the Commission's attention. Staff finds that there should not be any other health, safety or environmental problems associated with this subdivision that may be brought to the Councilor Commission's attention. SPECIAL CONSIDERATION 1. N. Linder Road Street Buffer: MCC 12-13-10-4 requires a minimum 25-foot street buffer adjacent to N. Linder Road. The existing buffer width (between the Haz-Tech parking lot and sidewalk) is 24 feet, 3 inches. Since there is an improved parking lot and building on Lot 1, Staff is recommending the Commission and Council allow the nine (9) inch reduction to the required buffer as a grandfathered right (which is permitted through MCC 11-5-5). 2. Union Pacific Railroad Landscaping: MCC 12-13-12-9 requires a five (5) foot wide buffer adjacent to any planned pathways in the City's Comprehensive Plan or Park System Master Plan. The Comprehensive Plan shows a future multi-use pathway along the Union Pacific Railroad north of this site. However, during the Agency Comments Meeting for this application, the Parks & Recreation Director stated that the Parks Department would have "no comment" on this application. As such, staff is not recommending the pathway buffer be installed as pa11 of this application. SITE SPECIFIC COMMENTS - PRELIMINARY/FINAL PLAT 1. Revise the Final Plat to label the name of the approved private street as "W. Marcon Lane." 2. Revise the Final Plat to graphically depict the existing 24'-3" landscape easement adjacent to N. Linder Road. Exhibit A 3 of 6 Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: May 6, 2004 Page 4 3. Revise the Final Plat to reflect the recorded blanket sanitary sewer and water easement in favor of the City of Meridian on the 24-foot wide ingress and egress easement. Other easements of record must be shown or referenced on the final plat. 4. A 24-foot wide street buffer is required beyond the N. Linder Road right-of-way. Prior to City Engineer signature of the final plat, the existing landscaping shall be inspected by the P&Z Department to confirm compliance with MCC 12-13. If any upgrades are required, said modifications shall be either completed or a surety posted with the City prior to signature. A minimum 10-foot wide street buffer is required along the north side of W. Marcon Lane. No fencing is permitted within required street buffers. All internal landscaping will be handled tlll'ough the CZC process. 5. The Landscape Plan (Sheet LS-l) submitted with the application is not approved. Prior to City Engineer signature of the final plat, submit three (3) copies of a revised detailed landscape plan to the P&Z Department that is designed in accordance with MCC 12-13 and provides all information required on the final plat application checklist. A mix of tree species will be required. 6. Sign the Certificate of Owners and notarize the accompanying Acknowledgment (Sheet 2 of the final plat). 7. Sanitary sewer and water service to this development shall be via service line extensions from the existing City of Meridian mains adjacent to the project. Assessment fees will be determined during the building permit process. 8. Pressurized irrigation within this development will be from the existing City of Meridian water system. Applicant shall be subject to well development fees as well as assessments for the irrigable area. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 10. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approvaL The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 11. 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 Exhibit A 4 of 6 Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: May 6, 2004 Page 5 MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval OJ: 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. 12. 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. 13. 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. FIRE DEPARTMENT 1. Final Approval of the fire hydrant locations shall be by the Meridian Fire Depaltment. a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. 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 an average of 300' apart. 4. All processes & storage practices shall be required to comply with the International Fire Code. 5. All portions of the buildings located on this project must be within 150' ofa paved surface. 6. Fire Sprinklers will be required for all buildings associated with this project ifrequired by an adopted safety code such as the IBC or the IFC. (. (Per action of the City Council taken at their June 8, 2004 meeting.) 7. No Parking signs and painted curbs will be required for all Fire Lanes. 8. Provide exterior egress lighting as required by the International Building & Fire Codes. POLICE DEPARTMENT 1. The applicant shall submit all future site plans for Lot 2 to the Police Chief for review prior to submittal for a Certificate of Zoning Compliance (CZC). SANITARY SERVICES CO. (COMMENTS ONLY - NOT PLAT CONDITIONS) Exhibit A 5 of 6 Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: May 6, 2004 Page 6 1. Overhead Clearance: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has a minimum of ] 3 ft. clearance for service vehicle height, i~cluding power and telecommunication lines. This requirement increases to 22 ft. clearance at container service locations. 2. Waste enclosure access: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has drive-on capability for 6 and 8 cubic yard. Containers. Allow a minimum of 60 ft. frontal clearance for such containers. 3. Turning Radius: Prior to issuance ofa certificate of zoning compliance, the applicant shall provide a site plan that has a minimum of 50 ft. turning radius. 4. Waste enclosure Pad: Prior to issuance of a celtificate of zoning compliance, the applicant shall provide a site plan that has a concrete pad inside of all enclosures. 5. Waste enclosure aprons: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has an 8 ft. concrete apron in front of all waste enclosures greater than 6 and 8 cubic yards. 6. Waste enclosure gate locks: Prior to issuance of a certificate of zoning compliance, the applicant shall provide a site plan that has gate locks for both open and closed positions. 7. Waste enclosure dimensions: Prior to issuance of a celtificate of zoning compliance, the applicant shall provide a site plan that has a minimum of lOft. clearance inside of the enclosure gates with the gates in the open position. 8. Waste enclosure bumpers or stops: Prior to issuance of a celtificate of zoning compliance, the applicant shall provide a site plan that has bumpers or stops inside of the enclosure to prevent the container from damaging enclosure walls and gates. 9. Waste enclosure user access: When possible, design the enclosure with an easy pedestrian access point other than the front gates. This will insure less mess in the enclosure as well as reduce gate damage. RECOMMENDATION Staff recommends approval of the proposed preliminary/final plat, with the aforementioned findings and conditions. Exhibit A 6 of 6 . .....""........"" c.nglneers, Inc. 20F 1387-7781 \ p.2 Eu.gineers, Inc. PINNACLE TO: Brad HawkinswClark Meridian Planning and Zoning Commis.sion 660 E Wateliower, Suite 200 Meridian, Idaho 83642 DATE: May 6, 2004 ~RECEIVED MAY 06 2004 RE: Haztech Subdivision (PFP) City Of Meridian City_Clerk Office Dear Commissioners, Pursuant to your request; the following is a written response to the May 3rd StatIreport for Haztech Subdivision (a "No comment" response indicates agreement): Site Specific Comments: 1-3. No comment. . 4. A 24; 3" landscape buffer is currently in place adjace~t to Linder Road per the staff report (p.age 3, special consideration #1); indicating compliance with this condition at the present time. Please elimin~te this condition. S-i3. No comment; (although condition #12 does not apply to this development). Fire Department Comments: 1-5 No comment. 6. Revise the condition to read as follows: "Fire sprinklers will be required for aU buildings associa~c::d with this project if required by an adopted safety code such as the me or the IFC". . Not all building types and uses require fIre sprinlders, and some building types require sprinklers only when they exceed a certain size. 7-8. No comment. .. Police Department and sse Comments I; 1-9. No comment. EUu'IJ,y "a" IJ~ 12552 W EXE.CUTIVE DRIVE, SUITE B . BOISE, IDAHO 8j713 . (208) 887.77GO . fAX (208) 88Z"77Hl MAY 136 '04 08:50 _.n.~~"'<:: c.n~l.neers; Inc. q '-887-7781 p.3 Other than noted above we agree with the provided staff report, and I apologize for the . tardiness of this transmittal, but better late.than never. Thank you for vohmteering your time to consider titis project r will be at the hearing tomorrow night if you have any questions. ' SincerelYl t~VA~ David McKinnon Land Use Planner cc: File # C046023 MAY 06 '04 08:50 g.),.b.1 '* 8" a of;.. June.18,2004 MERIDIAN CITY COUNCIL MEETING RZ 04-004 June 22, 2004 APPLICANT Calderwood Community, LLC ITEM NO. 5 - GJ REQUEST Findings - Request for a Rezone of 9.47 acres from R-4 to L-O and R-15 zones for Southwoods Subdivision - 2090 South Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: L411/fJ _ fAluv'N .'tAL Emailed: See attached Findings ~"P Date: v-It<Or Phone: l(U :)--t},5L)S- Staff Initials: Materials presented at pUblic meetings shall become property of the City of Meridian. interoffice MEMORANDUM 0i11ce To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Southwoods Subdivision by: Calderwood Community, LLC - Case No. RZ-04- 004 Date: June 18,2004 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF REZONE, pertaining to the above matter. Please note this application was denied at the City Council meeting of Junde 1,2004. These Findings are now ready to be placed upon an upcoming City Council agenda. If you have any questions please advise. Z:\Work\M\Meridian\Meridian 15360M\Southwoods Sub RZ-04-004 PP-04-007 CUP-04-008 Denial Findings\Berg RZ Denial Memo 06 [1 04.doc BEFORE THE MERIDIAN CITY COUNCIL C/C 06-01-04 IN THE MATTER OF THE ) REQUEST FOR REZONE OF 6.22 ) ACRES FROM R-4 TO R-15 AND L- ) o ZONES FOR PROPOSED ) SOUTHWOODS SUBDIVISION, ) LOCATED 2090 S. MERIDIAN ) ROAD, APPROXIMATELY Y2 MILE ) SOUTH OF THE SOUTHEAST ) INTERSECTION ON OVERLAND ) ROAD AND MERIDIAN ROAD, ) MERIDIAN, IDAHO ) ) ) CALLDERWOOD COMMUNITY, ) ) APPLICANT ) ) Case No. RZ-04-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF REZONE The above entitled rezone application having come on for public hearing on June 1,2004, at the hour of7:00 o'clock p.m., Steve Siddoway for the Planning and Zoning Department, Police Chief Bill Musser, Rob Perez, Doug Clegg, Scott Stewart, Lester Britton, Richard Openshaw, Gary Phillips, and Blaine Bennett, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for rezone was published for two (2) consecutive weeks prior to said public hearing scheduled for June 1, 2004, before the City Council, the first publication appearing and written notice having been mailed to property owners FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL OF REZONE - SOUTHWOODS SUBDIVISION - (RZ-04-004) Page 1 of7 ( or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the June 1, 2004, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~~67-6509 and 67-6511, and ~~11-2-416E and 11-2-417A, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is approximately 6.22 acres in size and the subject rezone property is located at 2090 S. Meridian Road, approximately V2 mile south of the southeast intersection on Overland Road and Meridian Road, Meridian, Idaho. The property is designated in the Comprehensive Plan as Medium Density Residential. 5. The owner ofrecord of the subject property is Calderwood, LLC. 6. Applicant is Calderwood, LLC. 7. The property is presently zoned as R-4 and consists of two residential properties. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL OF REZONE - SOUTHWOODS SUBDIVISION - (RZ-04-004) Page 2 of7 8. The Applicant requests the property be zoned as R-15 and L-O. 9. The subject property is bordered to the north by RUT, to the south by R-4, to the east by R-4, and to the west by R-8. 10. The Applicant proposes to develop the subject property in the following manner: As an assisted living and independent living center and as a light office development. 11. There are no significant or scenic features of major importance that affect the consideration of this application. 12. The City Council recognizes the letters and emails of concern from neighbors in the adjoining Meridian Greens Subdivision. 13. The R-15 zoning would be incompatible with the surrounding single family residential properties, as there has been no change in the area to justify the R-15 zoning and the area is designated on the Land Use Map as Medium Density Residential. 14. The proposed use of the Alzheimer facility would not be harmonious nor appropriate with the existing character of the general vicinity, MCC 11-15-11. 15. The proposed Alzheimer facility would be disturbing and noise to the surrounding and adjacent neighbors due to the shift changes of employees, headlights from traffic going in and out of the facility, noisy patients, garbage pickup services, security isssues, etc. Additional information is needed on whether noise from the facility would affect the proposed residential uses. 16. There has not been an application for a Comprehensive Plan Amendment by the applicant. 17. The applicant has not provided sufficient information as to the compatibility of residential zoning in this particular area. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL OF REZONE - SOUTHWOODS SUBDIVISION - (RZ-04-004) Page 3 of7 18. It is not in the best interests of the City of Meridian to rezone this property. CONCLUSIONS OF LAW 1. The City of Meridian has authority to rezone real property upon written request for rezone. 2. The City Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Comprehensive Plan City of Meridian adopted August 6,2002, Resolution No. 02-382. 4. The requested zoning of Medium High Density Residential (R-15) is defined in the Zoning Ordinance at 11-7-2 E as follows: (R-15) Medium Hie:h Density Residential District: The purpose of the R-8 District is to permit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal water and sewer systems of the City. The predominant housing types in this District will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. 5. Idaho Code S 67-6511(c) provides in matters where the City Council is considering a zoning designation application as follows: "If the request is found by the governing board to be in conflict with the adopted plan, or would result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services, including school districts, within the planning jurisdiction, the governing board may require the request to be submitted to the planning or planning and zoning commission or, in absence of a commission, the governing board may consider an amendment to the comprehensive plan pursuant to the notice and hearing procedures provided in section 67-6509, Idaho Code. After the plan has been FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL OF REZONE - SOUTHWOODS SUBDIVISION - (RZ-04-004) Page 4 of7 amended, the zoning ordinance may then be considered for amendment pursuant to section 67-651 1 (b), Idaho Code." 6. The City's authority to make and enforce ordinances are confined to" within the City's boundaries as provided in Article XII S 2 ofthe Constitution of the State of Idaho. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby order and this does order: 1. That the application for rezoning is denied for the following reasons: a) The City Council recognizes the letters and emails of concern from neighbors in the adjoining Meridian Greens Subdivision. b) The R -15 zoning would be incompatible with the surrounding single family residential properties, as there has been no change in the area to justify the R-15 zoning and the area is designated on the Land Use Map as Medium Density Residential. c) The proposed use of the Alzheimer facility would not be harmonious nor appropriate with the existing character of the general vicinity, MCC 1] -15- 11. d) The proposed Alzheimer facility would be disturbing and noise to the surrounding and adjacent neighbors due to the shift changes of employees, headlights from traffic going in and out of the facility, noisy patients, garbage pickup services, security isssues, etc. Additional information is needed on whether noise from the facility would affect the proposed residential uses. e) There has not been an application for a Comprehensive Plan Amendment by the applicant. f) The applicant has not provided sufficient information as to the compatibility of residential zoning in this particular area. g) It is not in the best interests of the City of Meridian to rezone this property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL OF REZONE - SOUTHWOODS SUBDIVISION - (RZ-04-004) Page 5 of7 2) Based upon the section set forth in item no. 1 the application for zoning designation is dismissed. NOTICE OF FINAL ACTION AND RIGHT TO REGULA TORY 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 ofthe City of Meridian, pursuant to Idaho Code 967-6521. 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 ofthis decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ';':Qru:1day of I lLl ne..- , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED ~A-- VOTED r:Jt:1L VOTED ~IU VOTED ~(.L.. COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL OF REZONE - SOUTHWOODS SUBDIVISION - (RZ-04-004) Page 6 of7 MAYOR TAMMY de Weerd (TIE BREAKER) - VOTED DATED: 6--- 2- Z --& 1- APPROVED: x , vJJP. J.."J~ ~ ~HJ~C~ DISAPPROVED: MOTION: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: ,,1tlGl m ~)Uv\U City Clerk's Office Dated: 1- 2 -04 Z:\Work\M\Meridian\Meridian I 53601V1\Southwoods Sub RZ-04-004 PP.04-007 CUP-04-008 Denial Findings\RZ Denial Findings.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER OF DENIAL OF REZONE - SOUTHWOODS SUBDIVISION - (RZ-04-004) Page 7 of7 June.1B,2004 MERIDIAN CITY COUNCIL MEETING PP 04-007 June 22, 2004 APPLICANT Calderwood Community, LLC ITEM NO. 5-l-i REQUEST Findings - Request for Preliminary Plat approval of 15 building lots (14 office and 1 residential) and 1 common lot on 9.47 acres in proposed R-15 and L-O zones for proposed Southwoods Subdivision - 2090 South Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERI DIAN POST OFFICE: OTHER: Contacted: fA U (j __I)}O/ tV ;ck Emailed: See attached Findings wrrF Date: Ijl! . () tj Phone: t!fI? u1 Sd~ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. 2004 inferoffice MEMORANDUM To: William G. Berg, Ir. From: Wm. F. Nichols Subject: SOUTHWOODS SUBDIVISION BY CALDERWOOD COMMUNITY, LLC I PP-04-007 Date: June 18,2004 Will: Pursuant to City Council's action at their June 1,2004, meeting, pertaining to the Preliminary Plat application by Calderwood Community, LLC for the proposed South woods Subdivision, and Council's denial thereof, please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT in Southwoods Subdivision. This may be presented to the Mayor to obtain her signature only after the City Council takes action adopting the Findings of Fact and Conclusions of Law and Decision and Order of Denial in Case No. RZ-04-004. After you have executed the Findings please present copies to the Applicant, Planning and Zoning, Public Works and the City Attorney. If you have any questions please advise. Z:\Work\M\Meridian\Meridian I 5360MlSouthwoods Sub RZ-04-004 PP-04-007 CUP-04-D08 Denial Findings\Clerk Denial PP Memo 0611 04.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST ) FOR PRELIMINARY PLAT FOR ) SOUTHWOODS SUBDIVISION ) ) ) CALDERWOOD COMMUNITY, LLC, ) ) ) APPLICANT ) ) C/C 06-01-04 CASE NO. PP-04-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMIARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on June 1,2004, at the hour of7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the hearing was opened on the preliminary plat application and Steve Siddoway for the Plalll1ing and Zoning Department, Police Chief Bill Musser, Rob Perez, Doug Clegg, Scott Stewart, Lester Britton, Richard Openshaw, Gary Phillips, and Blaine Bennett, testified at the hearing, and the City Council takes judicial notice of its action of the denial of the application for rezone in Case No. RZ-04-004, and the City Council based upon its Findings of Fact and Conclusions of Law and Decision and Order in Case No. RZ-04-004 does hereby deny the application for preliminary plat approval. FINDINGS OF FACT 1. It is found that the Recommendation To City Council ofthe Planning and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR SOUTHWOODS SUBDIVISION BY: CALDERWOOD COMMUNITY, LLC - (PP-04-004) PAGE 1 OF 4 preliminary plat due to the denial of the rezone in Case No. RZ-04-004 due to the following: 1. That the application for preliminary plat is denied for the following reasons: a) The City Council recognizes the letters and emails of concern from neighbors in the adjoining Meridian Greens Subdivision. b) The R-1S zoning would be incompatible with the surrounding single family residential properties, as there has been no change in the area to justify the R-15 zoning and the area is designated on the Land Use Map as Medium Density Residential. c) The proposed use ofthe Alzheimer facility would not be harmonious nor appropriate with the existing character of the general vicinity, MCC Il- lS-II. d) The proposed Alzheimer facility would be disturbing and noise to the surrounding and adjacent neighbors due to the shift changes of employees, headlights from traffic going in and out of the facility, noisy patients, garbage pickup services, security isssues, etc. Additional information is needed on whether noise from the facility would affect the proposed residential uses. e) There has not been an application for a Comprehensive Plan Amendment by the applicant. f) The applicant has not provided sufficient information as to the compatibility of residential zoning in this particular area. g) It is not in the best interests of the City of Meridian to rezone this property. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon the denial of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR SOUTHWOODS SUBDIVISION BY: CALDERWOOD COMMUNITY, LLC - (PP-04-004) PAGE 2 OF 4 the rezone in Case No. RZ-04-004 the Council does hereby deny the application for preliminary plat approval for the following reasons: 1. That the application for preliminary plat is denied for the following reasons: a) The City Council recognizes the letters and emails of concern from neighbors in the adjoining Meridian Greens Subdivision. b) The R-15 zoning would be incompatible with the surrounding single family residential properties, as there has been no change in the area to justify the R-15 zoning and the area is designated on the Land Use Map as Medium Density Residential. c) The proposed use ofthe Alzheimer facility would not be harmonious nor appropriate with the existing character of the general vicinity, MCC Il- lS-II. d) The proposed Alzheimer facility would be disturbing and noise to the surrounding and adjacent neighbors due to the shift changes of employees, headlights from traffic going in and out of the facility, noisy patients, garbage pickup services, security isssues, etc. Additional information is needed on whether noise from the facility would affect the proposed residential uses. e) There has not been an application for a Comprehensive Plan Amendment by the applicant. 1) The applicant has not provided sufficient information as to the compatibility of residential zoning in this particular area. g) It is not in the best interests of the City of Meridian to rezone this property. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR SOUTHWOODS SUBDIVISION BY: CALDERWOOD COMMUNITY, LLC - (PP-04-004) PAGE 3 OF4 City Clerk not more than twenty-eight (28) days after the final decision concerning.the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 22p1~ay of Jtf/h..J- ,2004. Attest: By L~1ti 17' ~ Tammy de Weerd 1\\U\llIl1M"cf,;yor, City of Meridian \11 c: AI! 711 ...\\\\ '" Or 'VlCR//,> 111// ...' 0 ""4 t,. .:;..:::' () o,?>-POA4h '1,; ~~ .... ~o (:'A __ :::: "" v ~ - - - - - - - - - - tJ ::;: Q. ,0,;'0 g vo, 1si . ;p .$ Copy served upon Applicant, the pf<iJ:JJji~f}l, o,rrfrt~~lY~partment, Public Works Department and City Attorney. IIII',!.;'; :il\\II\I\1 By: ,JQ;\ OUr b \\. O-.Q/VL... City Clerk's Office Dated: r - 2 -04 Z:\Work\M\Meridian\Meridian l5360M\Soulhwoods Sub RZ-04-004 PP-04-007 CUP-04-008 Denial Findings\FFCLOrdDenyPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISrON AND ORDER OF DENIAL OF PRELIMINARY PLAT FOR SOUTHWOODS SUBDIVISION BY: CALDERWOOD COMMUNITY, LLC - (PP-04-004) PAGE 4 OF 4 June-18, 2004 MERIDIAN CITY COUNCIL MEETING CUP 04-008 June 22, 2004 5-I. APPLICANT Calderwood Community, LLC ITEM NO. REQUEST Findings - Request for a Conditional Use Permit for a PO for office and assisted living in proposed R-1S and L-O zones for proposed Southwoods Subdivision - 2090 South Meridian Rd 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: it! (/) U _ (A)w fi.) ; c/IL Emailed: See attached Findings vL/ cvpr r<J Date: Lt,/ 9 --0 tj Staff Initials: Phone: vitA. J -o.flJS- Materials presented at public meetings shall become property of the City of Meridian. inferoffice {-~i'~ '\/ (Jf" Tvlcrid"Lari 7':'.~J c'ler\r Office t)hY v ... ~ MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichols Subject: SOUTHWOODS SUBDIVISION BY CALDERWOOD COMMUNITY, LLC / CUP-04-008 Date: June 18,2004 Will: Pursuant to City Council's action at their June 1,2004, meeting, pertaining to the Conditional Use Permit application by Calderwood Community, LLC for the proposed Southwoods Subdivision, and Council's denial thereof, please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT in Southwoods Subdivision. This may be presented to the Mayor to obtain her signature onlv after the City Council takes action adopting the Findings of Fact and Conclusions of Law and Decision and Order of Denial in Case No. RZ-04-004, and then action upon Case No. PP-04-007. After you have executed the Findings please present copies to the Applicant, Planning and Zoning, Public Works and the City Attorney. If you have any questions please advise. Z:\Work\M\Meridian\Meridian I5360M\Southwoods Sub RZ-04-004 PP-04-007 CUP-04.008 Denial Findings\Clerk Denial CUP Memo 06 II 04.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST ) FOR CONDITIONAL USE PERMIT ) FOR A PLANNED DEVELOPMENT ) FOR SOUTHWOODS SUBDIVISION ) ) ) CALDERWOOD COMMUNITY, LLC ) ) APPLICANT ) ) C/C 06-01-04 CASE NO. CUP-04-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT The above entitled matter coming on regularly for public hearing before the City Council on June 1,2004, at the hour of7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the hearing was opened on the conditional use permit application and Steve Siddoway for the Planning and Zoning Department, Police Chief Bill Musser, Rob Perez, Doug Clegg, Scott Stewart, Lester Britton, Richard Openshaw, Gary Phillips, and Blaine Bennett, testified at the hearing, and the City Council takes judicial notice of its action of the denial of the application for rezone in Case No. RZ-04-004, and the City Council based upon its Findings of Fact and Conclusions of Law and Decision and Order in Case No. RZ-04-004 does hereby deny the application for conditional use permit approval. FINDINGS OF FACT 1. It is found that the Recommendation To City Council of the Planning and Zoning Commission is not reasonable nor appropriate for the conditions of approval of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR CALDERWOOD COMMUNITY, LLC FOR SOUTHWOODS SUBDIVISION (CUP-04-008) PAGE 1 OF 5 conditional use permit due to the denial of the rezone in Case No. RZ-04-004 due to the following: 1. That the application for conditional use permit is denied for the following reasons: a) The City Council recognizes the letters and emails of concern from neighbors in the adjoining Meridian Greens Subdivision. b) The R-15 zoning would be incompatible with the surrounding single family residential properties, as there has been no change in the area to justify the R-15 zoning and the area is designated on the Land Use Map as Medium Density Residential. c) The proposed use ofthe Alzheimer facility would not be harmonious nor appropriate with the existing character of the general vicinity, MCC Il- lS-II. d) The proposed Alzheimer facility would be disturbing and noise to the surrounding and adjacent neighbors due to the shift changes of employees, headlights from traffic going in and out of the facility, noisy patients, garbage pickup services, security isssues, etc. Additional information is needed on whether noise from the facility would affect the proposed residential uses. e) There has not been an application for a Comprehensive Plan Amendment by the applicant. f) The applicant has not provided sufficient information as to the compatibility of residential zoning in this particular area. g) It is not in the best interests of the City of Meridian to rezone this property. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code Section 12-3-5 and based upon the above and foregoing Findings of Fact which are herein FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR CALDERWOOD COMMUNITY, LLC FOR SOUTHWOODS SUBDIVISION (CUP-04-008) PAGE 2 OF 5 adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER, that based upon the denial of the rezone in Case No. RZ-04-004 the Council does hereby deny the application for conditional use permit approval for the following reasons: 1. That the application for conditional use permit is denied for the following reasons: a) The City Council recognizes the letters and emails of concern from neighbors in the adjoining Meridian Greens Subdivision. b) The R-15 zoning would be incompatible with the surrounding single family residential properties, as there has been no change in the area to justifY the R-15 zoning and the area is designated on the Land Use Map as Medium Density Residential. c) The proposed use of the Alzheimer facility would not be harmonious nor appropriate with the existing character of the general vicinity, MCC Il- lS-II. d) The proposed Alzheimer facility would be disturbing and noise to the surrounding and adjacent neighbors due to the shift changes of employees, headlights from traffic going in and out of the facility, noisy patients, garbage pickup services, security isssues, etc. Additional information is needed on whether noise from the facility would affect the proposed residential uses. e) There has not been an application for a Comprehensive Plan Amendment by the applicant. f) The applicant has not provided sufficient information as to the compatibility ofresidential zoning in this particular area. g) It is not in the best interests of the City of Meridian to rezone this property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR CALDERWOOD COMMUNITY, LLC FOR SOUTHWOODS SUBDIVISION (CUP-04-008) PAGE 3 OF 5 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 ofthe governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by 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 2Z -day of .--- ,7~ , 2004. By: WJJ 17 ~ Tammy de Weerd Mayor, City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR CALDER WOOD COMMUNITY, LLC FOR SOUTHWOODS SUBDIVISION (CUP-04-008) PAGE 4 OF 5 Attest: By:3L\[1J~~o <LfYL, City Clerk's Office Dated: J....2 -04- Z:\Work\M\Meridian\Meridian 15360M\Southwoods Sub RZ.04-004 PP.04.Q07 CUP.04.008 Denial Findings\FFCLOrdDenyCUP,doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF CONDITIONAL USE PERMIT FOR CALDERWOOD COMMUNITY, LLC FOR SOUTHWOODS SUBDIVISION (CUP-04-008) PAGES OF 5 June-1B,2004 MERIDIAN CITY COUNCIL MEETING AZ 04-005 June 22, 2004 5-~ APPLICANT Packard Estates Development, LLC ITEM NO. REQUEST Order Granting Remand to Planning and Zoning Commission - Request for annexation and zoning of 5.27 acres from RUT to R-4 zones for proposed Packard Acres Subdivision No.3 - south of East Ustick Road and east of North Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Order ~v'-" Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. 1 5 2Q04 Interoffice C:lty Of l\leridian City Clerk OUice MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Packard Acres Subdivision No. 3 (AZ-04~005) Date: June 15, 2004 Will: Please find attached the original ofthe ORDER OF REMAND TO PLANNING AND ZONING, pertaining to the above matter. Please note this application was remanded back to Planning and Zoning at the City Council meeting held on May 18, 2004. This AZ~04-005 Order is now ready to be placed upon an upcoming City Council agenda. If you have any questions please advise. Z:\Work\M\Meridian\Meridian 15360M\Packard Acres Sub No.3 AZ-04.005 PP-04.006 VAR-04.002\Berg Remand AZ Memo 0608 04.da: BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REMAND ) TO PLANNING AND ZONING FOR ) THE APPLICATION OF PACKARD ACRES ) SUBDIVISION NO.3 LOCATED ON THE ) WEST SIDE OF WINGATE LANE (PRIVATE) ) APPROXIMATELY 2,000 FEET SOUTH OF ) USTICK ROAD, TOWNSHIP 3 N., RANGE 1E. ) SECTION 5, MERIDIAN, IDAHO ) ) PACKARD ESTATES DEVELOPMENT, LLC ) APPLICANT ) ) C/C 06-01-04 CASE NO. AZ-04-005 ORDER OF REMAND TO PLANNING AND ZONING This matter having come before the City Council on May 18, 2004, at the hour of 7 :00 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, and the Council having received the Recommendations from PlaMing and Zoning, and additionally having heard testimony at the May 18, 2004 meeting from Anna Powell Planning Director for the Planning and Zoning Department, Police ChiefBi11 Musser, Pat Tealey, Dave Battaglia, Dale Sharp, Helen Sharp, and Mike Spink, and due to the remand of the corresponding Preliminary Plat, PP- 04-006, back to Planning and Zoning due to the present design ofthe project, the Applicant would need to re-design the project due to three distinct issues raised at the May 18, 2004 City Council meeting, which pertained to the following: 1. The Applicant desires to preserve and integrate the existing house into the development but the existing house is not in compliance, nor compatible, with the remainder ofthe homes in Packard Acres No.3, as well as No. 1 and No.2. ORDER GRANTING REMAND TO PLANNING AND ZONING AZ-04-005 Page 1 of 3 2. The present open space is possibly in an inadequate location, and the design is perhaps inappropriate and incompatible with the surrounding property owners, including Wingate Lane. 3. The shift in the alignment ofE. Meadowgrass Street just slightly to the south perhaps is unnecessary and not practical. Therefore, due to the remand of the corresponding Preliminary Plat, PP-04-006, due to the present overall design of the project, and being fully advised in the premises issues the following Decision and Order. DECISION AND ORDER GRANTING ORDER OF REMAND TO PLANNING AND ZONING Based upon the above and foregoing correspondence, testimony, due to the remand of the corresponding Preliminary Plat, PP-04-006, and due to the present design of the project, the Applicant would need to re-design the project due to three distinct issues raised at the May 18, 2004 City Council meeting, which pertained to the following: 1. The Applicant desires to preserve and integrate the existing house into the development but the existing house is not in compliance, nor compatible, with the remainder ofthe homes in Packard Acres No.3, as wen as No.1 and No.2. 2. The present open space is possibly in an inadequate location, and the design is perhaps inappropriate and incompatible with the surrounding property owners, including Wingate Lane. 3. The shift in the alignment ofE. Meadowgrass Street just slightly to the south perhaps is unnecessary and not practical IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 1. The decision of the City Council is based upon the findings that the corresponding Preliminary Plat, PP-04-006, was remanded back to the Planning and Zoning Department due to the present development design which raised three distinct issues pertaining to the existing ORDER GRANTING REMAND TO PLANNING AND ZONING AZ-04-005 Page 2 of 3 house, the present open space, and regarding the shift in the alignment ofE. Meadowgrass Street, therefore the Applicant will need to re-design this project to address the above issues. 2. This matter is remanded back to the Planning and Zoning Commission for further action in accordance with this decision. By action of the City Council at its regular meeting held on the 22 ^.3 day of -;-; II />A 0 '-/ (/1/ ,.. --- , 2004. ROLL CALL: COUNCILMAN WARDLE Voted~ COUNCILMAN NARY Voted~~ COUNCILMAN ROUNTREE Voted~ COUNCILMAN BIRD Voted~ MA YOR TAMMY de WEERD (Tie Breaker) DATED: 6-2-2- -tfJ4- Voted - MOTION: APPROVED: K . f;;J'Jl2'7DJ. '~"~nckd Copy served upon Applicant, the Plannmg and Zorung Department, PUbhC~ Depa~nt and the City Attorney. ~'O 'n BY: ~Jj\. wJ'AQJJY\..; City Clerk Dated: lp~ ~--Of Z:\WorklMlMeridianlMetidian I 5360M\Packard Acres Sub No.3 AZ-04-005 PP.04-006 VAR-04-002\Order Remanding AZ back to PZ.doc ORDER GRANTING REMAND TO PLANNING AND ZONING AZ-04-005 Page 3 of 3 June-1S,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT June 22,2004 ITEM NO. 5,- L REQUEST Water Main Easement for Retail Building by Kimball Properties (L6, B5 Bonito Sub) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FI RE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached r W Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. , ' City of Meridian Public Work$ Dept. JUN 0 B 2004 City Of lvleridian City Clerk OUice Memo To: Mayor de Weerd & City Council From: Karie Glenn cc: File, Gary Smith, PE, Brad Watson, PE, City Clerk Date: 6/14/2004 Re: Proposed Agenda Items for 6/22/04 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 6/22/04 City Council agenda, on the Consent Agenda, for Council's consideration: * 1) Water Main Easement for Retail Buildinq by Kimball Properties (L6. B5 Bonito Subdivision ). Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Retail Building by Kimball Properties and authorize the Mayor to sign and City Clerk to attest. 2) Water Main Easement for Sierra Plaza by Kimball Properties (LB, B4 Bonito Subdivision). Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Sierra Plaza by Kimball Properties and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this _ day of , 2004 between Kimball Properties Limited Partnership, an Idaho general partnership ("Grantor"), and the City of Meridian, Ada County, Idaho, ("Grantee"); WITNESSETH: WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property here:inafter 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 Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair and 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 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 construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area ofthe easement and adj acent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replac:ing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers with:in the area described for this easement, except within the planter areas shown on Exhibit B, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR hereby covenants and agrees 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 ) Wal" Main j3,"ment EASMT WTR.doc effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee thatit is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS \.VHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO) ) ss County of Ada ) On this 9 day of J u.'-"< <..c ,2004, before me, the undersigned, a Notary Public in and for said State, personally appeared Winston H. Moore, lmown or identified to me to be a partner of Kimball Properties Limited Partnership, a partnership, and he duly acknowledged to me that he executed the within instrument on behalf of said partnership and that said partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ,-'''''''''', -,- e", ....... -x..S,A O.f. '" ...... .. ~ .......... .1>.0 ...... ~ _v .6 .. A. ':. : \..... -"o"r ~ (SEAIj ! ~OTA~r ~~ ; : * ID .....~ : * : - . . ~ : \ C It :: ~ ':t J>UBL\ .. ~ ~ 4" .. .-.. ~ ./r ... .........0 ..:' .... -1)' ....... \oL "'.. .... ..,.1 11 0 F l\) v...... .;~- ~...... , :<' ~ ~ !il]il.Q; AeffJt1 ?ol ton NOTARY PUBLIC FOR IDAHO Resi ding at 13rl C7L Commission Expires: I D 61. Ob Water Main Easement EASMT WTR.doc GRANTEE: CITY OF MERIDIAN Tanuny de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) On this day of , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WilLIAM G. BERG, JR, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above Mitten, (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commissi on Expires: Water Main Easement EASMT WTR.doc EXHIBIT A - WATER MAIN EASEMENT - EL DORADO RET AlL BUILDING A 20 foot wide water main easement located in the East Y:z of Section 20~ Township 3 North, Range 1 East, Boise Meridian, Ada County. Said easement crosses Lot 6, Block 5 ofthe Bonito Subdivision, recorded as instrument number 103142839 in the office of the Ada County Recorder on August 22,2003, in Book 86 of Plats at pages 9783 through 9788. Said easement is more particularly described as follows: Commencing at the southwest comer of said Lot 6, said comer being the POINT OF BEGINNING thence, along the lot line common to said Lot 6 and Lot 4 of said Block 5 North 74024'32" East 118.20 feet; thence, departing from said common lot line North 74024'32" East 47.56 feet; thence, North 29024'32" East 48.36 feet; thence, North 60035'28" West 20.00 feet; thence, South 29024'32"West 40.07 feet; thence, South 74024'32" West 157.17 feet to a point on the eastern right-of-way of South Bonito Way; thence, along said right-of-way, 20.00 feet on a curve to the left, said curve having a radius of 663 .00 feet, a delta angle of 1043'43" and a chord bearing South 14043'37" East 20.00 feet to the POINT OF BEGINNING. Said easement contains approxi.mately 4,115 square feet, more or less, and is subject to all existing easements of record or use. wI~rER MAIN EASEMEN'. AFFECTING BONITO SUBDIVISION, LOT 6, BLOCK 5 BLOCK 5 j - - LOT 4 BONITO SUBDIVISION LINE TABLE LINE LENGTH BEARING L1 20.00 N60035'28"W CURVE TABLE CURVE LENGTH RADIUS DEL T A CHORD BRG. CHORD C1 20.00 663.00 1'43'43" 514043'37"E 20.00' LEGEND GRAPHIC SCALE o 15' 30' I I I 1 INCH = 30' F PROPOSED FIRE LINE w DOMESTIC WA TER ROW RIGHT-OF-WAY PROPERTY BOUNDARY - - - - - -EASEMENT BOUNDARY EXHIBIT B June-1B,2004 MERIDIAN CITY COUNCil MEETING APPLICANT June 22, 2004 ITEM NO. 5-M REQUEST Water Main Easement for Sierra Plaza by Kimball Properties (l6, B4 Bonito Sub) 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 ~ ff~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. JUN 0 B 2004 c.: 1 {j I\'lF.-rid~: hI'. C' (:rk OfTicc e To: Mayor de Weerd & City Council From: Karie Glenn cc: File, Gary Smith, PE, Brad Watson, PE, City Clerk Date: 6/14/2004 Re: Proposed Agenda Items for 6/22/04 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 6/22/04 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Retail Buildinq by Kimball Properties (L6. B5 Bonito Subdivision ). Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Retail Building by Kimball Properties and authorize the Mayor to sign and City Clerk to attest. ~ 2) Water Main Easement for Sierra Plaza bv Kimball Properties (L6. B4 Bonito Subdivision ). Typical Water Main Easement. Recommended Council Action: 'Approve the Water Main Easement for Sierra Plaza by Kimball Properties and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. ., Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this _ day of , 2004 between Kimball Properties Limited Partnership, an Idaho general partnership ("Grantor"), and the City of Meridian, Ada County, Idaho, ("Grantee"); WITNESSETH: ViHEREAS, the Grantor desires 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 Grantor, and other good and valuable consideration, the Grantor does hereby give, gr~t and convey unto the Grantee the right- of-way for an easement for the construction, operatioh, maintenance, repair and replacement of a water main over and across the following described property: (SEE ATTACHED EXIDBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area ofthe easement and adj acent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any pennanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, except within the planter areas shown on Exhibit B, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR hereby covenants and agrees 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 fmther Water Main Easement EASMT WTR.doc effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ~,~ utliorized presen 've . STATE OF IDAHO) ) ss County of Ada ) On this 9 day of T (I. i-l r...'=!. ,2004, before me, the undersigned, a Notary Public in and for said State, personally appeared Winston H. Moore, known or identified to me to be a parmer of Kimball Properties Limited Parmership, a partnership, and he duly aclmowledged to me that he executed the within instrument on behalf of said partnership and that said parmership executed the same. IN WITNES S \VHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~", ".....,..... ".", Go S /II. COl."" ....... ~v ........ 1'0 ", .: v .. .. ~" (SEAL) ~ ~ ... .0. ~ ! ! ~oT A~ r \ ~ R * . _._ .. * ~ : .. : :: . C. .. ; -:. PUB\..\ : E .... .. 0 .. -:. <P').. .. . ~ .: '* -.r'. .. .. ", -1 .0..... ~ .... "I-a",,::? 0 F \~~,...."" ':~;:.':" ~,'t Aa7t1 {AJ1-nVl NOTARY~LIC FOR IDAHO Residing at. IS<- Commission Expires: 10.3(. Ol.o Water Main Easement EASMT WTR.doc GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) On this day of , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and \VILLIAM 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 aclmowledged to me that the City of Meridian executed the same. IN" WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement EASMT WTR.doc EXHIBIT A - WATER MAIN EASEMENT - SIERRA PLAZA BUILDING A water main easement located in the East ~ of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County. Said easement crosses Lot 6, Block 4 ofthe Bonito Subdivision, recorded as instrument number 103142839 in the office of the Ada County Recorder on August 22,2003, in Book 86 of Plats at pages 9783 through 9788. Said easement is more particularly described as follows: Commencing at the southwest comer of said Lot 6, thence along the lot line common to said Lot 6 and Lot 5 of said Block 4 North 90000'00" East 215.12 feet to the POINT OF BEGINNING thence, continuing along the said common lot line North 90000'00" East 20.00 feet; thence, departing from said common lot line North 00000'00" East 48.13 feet; thence, North 90000'00" West 198.39 feet; thence, North 51043'13" West 23.06 feet; thence, South 83016'47" West 23.96 feet, to a point on the eastern right-of-way of South Bonito Way; thence, along said right-of-way, 31.62 feet on a curve to the left, said curve having a radius of2,037.00 feet, a delta angle of 00053 '22" and a chord bearing South 05021 '26" East 31.62 feet; thence, departing from said right-of-way South 90000'00" East 217.34 feet; thence, South 00000'00" West 28.13 feet to the POINT OF BEGINNING. Said easement contains approximately 5,757 square feet, more or less, and is subject to all existing easements of record or use. ~1 ~ - OJ :4 OJ 2 o - :r. 1\ 0J o 0(;) ;0 ')> \) I. ;:nO V'l () u')> o' _rrI () c ;0 < ()rrI ~ J.,. '<:I f\f\ 01.\ N c. z . . . . fT1 ""'" U N .... . fTi Z N N N N C) C s:> ~ SN ~ -I :r: z 0 .... 0 1.0 fT1 0 U Q) Q) -I ')> rn . fTi rn V'l V) fT1 Z 2 ')> 1.0 0 U\ (Xl ~ 0 0 .... u d .;;. . Z 0 .... 0 0 u Q) C) c5 ci .... ~ 0 0 U -....1 M ~ ~ ~ . fTi uZ ....C') m-\ NI. N ;0 0')> ~O() . C. C OV);O o < o fT1 .0 (J\fT1-1 u. . ')> N-Irn N')>' ::: fTi () V)I 00 U'\?J NO .... .rn ~:;:o ::: G') rrI . \\ \ \ ~ \ \ \\ () uI. :-",0 0);0 NO :E"" \ , o -I (]'I Z 1.0 NO ~o .0 ~ci ~O rTi ~ Q ~ \) \) fTi \);0 0 :;:o?1 ')> ;0 C) OOV)OI -o-o~~-I 00 fT\;o \ ~~Z-\O o 0 -I -<.. -;' ~ ""'1 rn CO ~ ')>:;:000')> -IfT\ C C -< fT\ ZZ ;0,00 -')>')> ;::. ~ :;:0 ;0 )> -<..-<" Z . o -\ ~ 11 rn ~ - z (j) OJ 2- ~~ ~m to 0;0 (j)$. , 0 c~ () OJZ ^ %rn .;.. (j)~ OJ o~ 0 ~~ z ~ \-\ 0 S (j) 0'> C ... OJ OJ 0 \ 0 Z () - r:.. (j) - .t:> 0 Z. \ \ \ :E \ tf)\ N ~\ :E .....0 ~ 0 UI u .\- .;.. 0 -....1 .~ ~ \ \~ ~ \'? to ~\ 9=10 \ \8,\ \ ~ \ \ \ \ \ \ ~ \ .-J \ 0) CO-o fTio C)- -z Z-\ Z 20 G')""'1 w ---- -- NOO.Oo'oO"E 48.13' June-1B,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT June 22, 2004 ITEM NO. 5r N REQUEST Streetlight Agreement for Lochsa falls #8 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERI DIAN POST OFFICE: OTHER: See attached ~ U~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. JlJjt4 W~ 7l1lf1fI lSHbf/{DffNIf'k .',.. '1\"1 CO/O .', ~.,U$nITo.m:c. (!+l ryv(!;]tJtJH<Glffiirre To: Mayor de Weerd & City Council From: Karie Glenn CC: Pile, Gary Smith, PE, Brad Watson, PE, City Clerk Date: 6/1012004 He: Proposed Agenda Items for 6/15/04 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 6/15/04 City Council agenda, on the Consent Agenda, for CouncWs consideration: ~ 1) Streetlight Agreement for Lochsa Fall #8. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for lochsa Fall #8 and authorize the Mayor to sign and City Clerk to attest. 2) Streetlight Aareement for Paramount #1. Typical Streetlight Agreement Recommended Council Action: Approve the Streetlight Agreement for Paramount #1 and authorize the Mayor to sign and City Clerk to attest. 3) Streetlight Agreement for Paramount #3. Typical Streetlight Agreement Recommended Council Action: Approve the Streetlight Agreement for Paramount #3 and authorize the Mayor to sign and City Clerk to attest. 4) Water Main Easement in Silverstone Business Campus for CitiGroup. Extensive Water Main Easement Recommended Council Action: Approve the Water Main Easement for CitiGroup in Silverstone Business Campus and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF :MERIDIAN and Lochsa Falls, LLC pertaining to the street lights in Lochsa Falls #8, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Lochsa Falls, LLC has provided 5 single head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development lrnown as Lochsa Falls #8 in Meridian, Idaho. The parties aclmowledge that the 5 single head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Lochsa Falls, LLC or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, 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 Lochsa Falls, LLC or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn 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 5 single head street lights located in Lochsa Falls #8 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 ofthe "fail off' type. 5. It is understood and agreed that Lochsa Falls, 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 Lochsa Falls, 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 ofIdaho By Tammy de Weerd, Mayor ATTEST: William G. Berg, Jr., City Clerk Lochsa Falls, LLC BY~~ Marty G ldsilllth, Member 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 TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who 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 flIst above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COJ.v1JV1ISSION EXPIRES STATE OF IDAHO ) ) ss. County of Ada ) On this :l$'fh..day of~, 2012i.., before me, the undersigned, a Notary Public in and for said State, personall~ appeared Marty Goldsmith, known to me to be a Member of Lochs a Falls, LLC, and who executed the within instrument on behalf of said company, and aclmowledged to me that said company 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 ~~..... '''''''## ~...~~ c\ E. Iii ###. ..... ~~ ........ ~.lt~ I " .... · ~y '\ ~ . .. ~ I ~OTAJi' t.. ~ .. ....-- ~ . : * : _._ * 5 . . . .. C. \. ~. PUB\.\ I '\ (j\ (I". 0 ~..,- .j>~ .:"........ "'"-~ .... .totot<< ~ e 0 F \"0 ~.... .............~.~ ~~~~ NO ARY PUBLIC FOR IDAHO RESIDING AT ~~{ ~);t.lJ MY COJ.v1JV1ISSION XP S s:; l:l-( () l., STREET LIGHT AGREEMENT Page 3 June-1B,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT June 22, 2004 ITEM NO. 5-0 REQUEST Streetlight Agreement for Paramount # 1 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. liHtJ 1Il""~. JunV Wv.) ~ {!~!ig,q})If1~6L';";'lJ' , 'CO'" It.tl ll.wffll:, ((~1 tY'G:lotirkGlfff:ure To: Mayor de Weerd & City Council From: Karie Glenn cc: File, Gary Smith, PE, Brad Watson, PE, City Clerk Date: 6/1012004 He: Proposed Agenda Items for 6/15/04 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 6/15104 City Council agenda, on the Consent Agenda, for CouncWs consideration: 1) Streetliaht Agreement for Lochsa Fall #8. Typical Streetlight Agreement. ,Recommended Council Action: Approve the Streetlight Agreement for lochsa Fall #8 and authorize the Mayor to sign and City Clerk to attest. ~ 2) Streetliaht Aareement for Paramount #1. Typical Streetlight Agreement Recommended Council Action: Approve the Streetlight Agreement for Paramount #1 and authorize the Mayor to sign and City Clerk to attest. 3) Streetlight Aoreement for Paramount #3. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agreement for Paramount #3 and authorize the Mayor to sign and City Clerk to attest. 4) Water Main Easement in Silverstone Business Campus for CitiGroup. Extensive Water Main Easement Recommended Council Action: Approve the Water Main Easement for CitiGroup in Silverstone Business Campus and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Paramount Development inc., pertaining to the street lights in Paramount subdivision #1, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby aclmow1edged, the parties agree as follows: 1. Paramount Development inc, has provided 8ea. Single head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development lmown as Paramount subdivision #1, in Meridian, Idaho. The parties aclmowledge that the 8ea. Single head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Paramount Development inc, or it's assigns, agree to replace, repair and provide any required mainten~ce of any of the above mentioned street lights, 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 Paramount Development inc, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn 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 8ea. Single head street lights located in Paramount subdivision #1, 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". I~ 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 Paramount Development inc, 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 Paramount Development inc, 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 ofIdaho By Mayor, DeWeerd ATTEST: William G. Berg, Jr., City Clerk Paramount Development inc ATTEST: 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 WILLIAlvf G. BERG, JR., lmown to me to be the Mayor and City Clerk of the CITY OF :i\1ERIDIAN, 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 COIVThlISSION EXPIRES STATEOF~,) County of N.. rr- ,) On t~ t-day of ~ , 20iL, before me, the undersigned, a Notary Public in and for said State, personally appeared 4A0 i \~ H, Tv y Y\ b....~ and ~C~ A. ~ ~~ to me to be the President and Secretary of ~ n'\ ~ ~and who executed the within instrument on behalf of said corporation, and acknow1edg d 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. - (it NokORij)~ RESIDING AT /60 I ~, :L / MY COMMISSION EXPIRES :5/.3! 10 STREET LIGHT AGREE11ENT Page 3 June-1B,2004 MERIDIAN CITY COUNCIL MEETING June 22, 2004 APPLICANT REQUEST Streetlight Agreement for Paramount #3 ITEM NO. 5-P 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 .vJ ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publlc meetings shall become property of the City of Meridian. Jllif4 W~ 21JW+ Q'11 jkVQ)['i'i1rn..._:.,::n' r ._~~ r~'. ~ :~~~f1l(lllm12 (j,.l T,~l' (!2lJt'J1{@f1fnre To: Mayor de Weerd & City Council From: Karie Glenn ee: F=i1e, Gary Smith, PE, Brad Watson, PE, City Clerk Date: 6/1012004 Re: Proposed Agenda Items for 6/15/04 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 6/15/04 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Streetlight Agreement for Lochsa Fall #8. Typical Streetlight Agreement. Recommended Council Action: Approve the Streetlight Agl'eement for Lochsa Fall #8 and authorize the Mayor to sign and City Clerk to attest. 2) Streetliaht Aareement for Paramount #1. Typical Streetlight Agreement Recommended Council Action: Approve the Streetlight Agreement for Paramount #1 and authorize the Mayor to sign and City Clerk to attest. '{. 3) Streetliaht Aareement for Paramount #3. Typical Streetlight Agreement Recommended Council Action: Approve the Streetlight Agreement for Paramount #3 and authorize the Mayor to sign and City Clerk to attest. 4) Water Main Easement in Silverstone Business Campus for CitiGroup. Extensive Water Main Easement Recommended Council Action: Approve the Water Main Easement for CitiGroup in Silverstone Business Campus and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. STREET LIGHT AGREEMENT This Street Light Agreement is made and entered into between the CITY OF MERIDIAN and Paramount Development inc, pertaining to the street lights in Paramount subdivision #3, a residential development in Meridian, Idaho. For good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Paramount Development inc, has provided 8ea. Single head street light poles, concrete pole bases, fixtures, bulbs, and components to the residential development known as Paramount subdivision #3, in Meridian, Idaho. The parties acknowledge that the 8ea. Single head street light poles and appurtenances were specially ordered items, not customarily used in residential developments in Meridian, Idaho. 2. Paramount Development inc, or it's assigns, agree to replace, repair and provide any required maintenance of any of the above mentioned street lights, 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 Paramount Development inc, or its heirs, successors and assigns, shall keep the lights operational at all times, it being understood by the City that bulbs, and/or ballast, do burn 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 8ea. Single head street lights located in Paramount subdivision #3, 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 Paramount Development inc, 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 Paramount Development inc, 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 ofIdaho By Mayor, DeWeerd ATTEST: William G. Berg; Jr., City Clerk Paramount Development inc. By '.w<<~~ I P esident 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., lmown to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and aclmowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY CONIMISSION EXPIRES STATE OF ~) County of ~ ,) On this 2t'aay of J Uns:<:- ,2004, before me,.the undersigned, a Notary Public ~ an! for said State, personally appeared -.J....PrV tl::J W, IU y'Y....d.:J (.A.J..J... and ~==-o- A.~ lmown to me to be the President and Secretary of !tv PrrYk>J nT ~~-:;-:ind who executed the within instrument on hehalf of said corporation, and aclmow edged to me that smd 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. ~~. N YPUB'-CrgO~ RESIDING AT . 0 t"S.L . X D MY CONIMISSION EXPIRES !5 /3/m STREET LIGHT AGREEMENT Page 3 June-1B,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT June 22, 2004 ITEM NO. 5-Q REQUEST Water Main Easement in Silverstone Business Campus for Citigroup 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 V1~ 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 J1JJ.J 15; 2lIrt G_1tk~/{7\f.f'ilrmiY"':":'1J' . .., ,...~ v_ LUUHtWffil} Ullth'tn;)L.~\.m~7l'1!>n -., ~! ~,,"...-U,M""\jlJ^U~ To: Mayor de Weerd & City Council From: Karie Glenn cc: File, Gary Smith, PE, Brad Watson, PEr City Clerk Date: 6/1012004 Re: Proposed Agenda Items for 6/15/04 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 6/15/04 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Streetlight Agreement for LoctJsa Fall #8. Typical Streetlight Agreement. . Recommended Council Action: Approve the Streetlight Agreement for Lochsa Fall #8 and authori~e the Mayor to sign and City Clerk to attest. 2) Streetlight Agreement for Paramount #1. Typical Streetlight Agreement Recommended Council Action: Approve the Streetlight Agreement for Paramount #1 and authorize the Mayor to sign and City Clerk to attest. 3) Streetlight Agreement for Paramount #3. Typical Streetlight Agreement Recommended Council Action: Approve the Streetlight Agreement for Paramount #3 and authorize the Mayor to sign and City Clerk to attest. ~ 4) Water Main Easement in Silverstone Business Campus for CitiGroup. Extensive Water Main Easement Recommended Council Action: Approve the Water Main Easement for CitiGroup in Silverstone Business Campus and authorize the Mayorto sign and City Clerk to attest. Thank you for your considemtion. ~........_. .......... Jun 08 04 03<5Sp Pinnacle ( Engineers, Inc:::_ 20~~887-7781 ( p.2 WATER MAlN EASEMENT TrlIS INDENTURE, made this _ day of ~, 20_ bctwt:l':n , the porties of the first porl, und hGfcinnftcr called the Oranton, and thcCity of Meridian, Ada Co\mty, Idaho, the party of the second part, and hereinafte, ~alkd the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide; a watt:r main right-of-way across the premises and property hereinafter particulady botmded ...nd described; and WHEREAS.. the water main is to be provided for through an underground pipeline to be eonstnleted by others; and WHEkEAS, it will be necessary to maintain, scrvlce and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration ofIne benefits to be received by the Or-mlors, and other good and valuable consideration, the \rran[ors do hcn;oy give, grant and convey unto the Gl1lntee thl: right: ofwway for;:tn 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 allicd facilitieS, together with their maintenance, additional connel.:t1on lhereto, r~pair and replucement at the convenience of the Grantee, with the free right of access to s\.\cn facilities ilt any and all times. TO IIA VE AND TO HOLD, the said casement and right-of.way unto lhe: said Grantee, it's SUCCCS.SOrs and assigns forevcr. IT rs E}.,""PRESSL Y UNDERSTOOD AND AGREED, by \lnd bet<.veen the parties hereto, that after construction, making repairs, pcrrom1ing other maintenance or making subsequent connection [0 the watc~.line, Grante~ shall restore the area of the easement and adjaoent properly to lhM existent prior to undenaking such construction, repairs and maintenance. However, Grankc shari not be res])onsible for repairing, replacing or restoring anything placed within the area described in this casement thal was placed lht::rt:: ill viulatiun ufthis t':l!st:l71cnt. THE GlV\.NTORS he/;"eby covenllnt find agree that they will n01 place or alh)w [0 be placed llny pcnmment shl1cturcs, trees, brush, or perennial shrubs or flDwers wlthin the area describcd I' Dr this easement, which would interfere with the use of said casement, for the purposes stated herein. TIlE GRANTORS hereby COVe!'lllnt and agree with tbe Grantee that sh~)\.l\d any part orlhe right-of- way and easement hereby granted shall become part o( Or lie withill the boundaries ot' any public <i\'reet, then, to sueh extent, :;:uch right-of-WClY llnd eClsement hereby granted which lies within such Water M.ain casement EASMT WTR.dnc JUn 08 04 D3:S6p Pinnae 1 e EnG i neers. r nc. ,I I, 208..::-887 -7781 / I 1".3 boundary thereof or which i$ a part thereof, sh::lll c:e:(lse aml become Ilull :md void ~nd of 110 fUl1hcr cf[(,;c[ and shall be complerdy relinquished, THE GRANTORS do hcr~by covenant with the Grantee that they are lawfully seized and posse!>sed of (he a foremcntioneu and described tract of land, al1d that they have a good and lawful right to COllvey said easement, and that they will W:lrrant and forever defend the tifle and quiet possessiOll thereof again:;t the,: lawful chams of all pcrsons whomsoever. IN WITNESS WHEREOF, the said parties ofthe first part have hereunto subscribed their signalUrcs the day and year first hereil1 above written. GRANTOR: L2>Q. ~ P!'lil~i...l~n* v.i> ..~ ~....~ !... ~~~ "'.1---\- ~ <;~.............,. \A~~ Slo':(fr@tary STATE OF IDAHO) ) ss COWlty uf Ada ) On this q"\'v-' day 0[",,---- J. AY1e _ ,20m, before me, the undersigned, n Notary Public in and for said State, personally appeared .C'.n.,..; ~--.~ __ a...'<ie,v-.31 r.--. '9Rd- , known or idenlifled to me to be: thejPresident and Sf;f;H:la.,. respectively, of the corporation that executed the w;thll1 in!>tr.ument;~~ ;Jcknowledged to me that sue], corpora!iOll executed the same. IN WITNESS WHEREOf, I have hercunto sellUY hand and affIxed my official .selll the day and ye<lr fist above written. .lU..'......,. .......' y tlOC1'. "'" ~~~......:'\o.p \. ~~~ . ~ S /if// 01 hR Y .. ~ i"':~ ., . i -= ! -. 1"-.. = ': i ,....: ~ 'a .. \ 1>U~\.t"I:?i \ ,to' /:.~ ~ .0;... 4']' ...... \~ ...:' ........ ..., tE Of ......... .'. ,,,,, .............. ~ ~r;i ov:::.::::: NOTARY PUB . . FORIDAHO~ Residing at h:)\. ~r \rl _ Commission ExpIres: 1\ n l:::Je-~ ( ) ~ W,m:r Mllin Easement !;;A$MT WTR.c1'K ~.......,.,.... Jun 08 04 03.57f Pjnnacle Engineers, Inc. 208.....887-7781 ,i j: 1".4 GRANTEE: CITY OF MERJDlAN Tammy de Weerd, Mayor Attesl by William G, Berg, City Clerk Approved By Cily Council 00; . STATE OF IDAHO, ) $~- County o[ Ada On this day of ,2004, before me, the undersigned, ;J Notary Publlc in and for said S[al~. 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, lililho, 3rlC] who executtd the within instrument, and acknowledged to me that the City of Meridian executed the same. Thl" WiTNESS WHEREOf, 1 haY~ hereunto set my hand and affixed my offici'll seallhc day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Warer Main EO.'i~\1"l"nt E^SMT WTR.do<: June-1B,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT June 22, 2004 5-R ITEM NO. REQUEST Public Pathway Agreement for Clearbrook Estates by Clearbrook, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached w~ 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. JUN 'j; 200~ Of Meridian CIGrk Office Memo To: Mayor de Weerd & City Council From: Karie Glenn cc: File, Steve Siddoway (PZ) Date: 6/16/2004 Re: Proposed Agenda Items for 6/22/04 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 6/22/04 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Public Pathway Easement for Clearbrook Estates bv Clearbrook LLC. Pathway Easement granting public access for multi use. Recommended Council Action: Approve the Public Pathway Easement for Clearbrook Estates by Clearbrook LLC and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 PUBLIC P ATHW AY EASEMENT This agreement made and entered into on this day of 2004, betvveen Clearbrook LLC, an Idaho Limited Liability Company, whose address is PO Box 6290 Boise, Idaho 83707, hereinafter referred to as "Grantor", and City of Meridian, an Idaho Municipal Corporation, whose address is 33 East Idaho Street, Meridian, Idaho 83642, hereinafter referred to as "Grantee". WHEREAS, Grantor is the ovmer ofa development on which a portion of the South Slough Pathway is located on the north side of the South Slough, which is a Blanket easement located within the Common Area in Lot 24, Block 1, of Clear brook Estates Subdivision within the Plat and Landscape Plan, and which is more specifically described in Exhibit A and incorporated herein by this reference. WHEREAS, the Grantee required as a condition of approval, that the Grantor deed or convey ownership of the pedestrian pathway known as the South Slough Pathway within its development to the Grantee upon completion of the pathway construction, and which South Slough Pathway was noted on the Plat of the Landscape Plan. NOW, THEREFORE, Grantor hereby grants to Grantee, an easement for the South Slough Pathway, which is a Blanket easement located within the Common Area in Lot 24, Block 1, of Clearbrook Estates Subdivision within the Plat an.d Landscape Plan, for the maintenance, use, repair, and operation thereof, and which pathway is more specifically described in Exhibit A and incorporated herein by this reference. PUBLIC P ATHW A Y EASEMENT AGREEtvffiNT PAGE 1 OF 4 The Grantee shall be permitted to make the pathway available to the public without charge for recreational uses as contemplated by Idaho Code 936-1604. The authorized uses of the pathway are limited to walking, jogging, inline skating, riding, bicycles, and other human powered devices, no non-human-powered vehicles or devices shall be allowed, except access by handicapped persons with motorized wheelchairs or comparable equipment for access by handicapped persons only. Authorized uses shall not include horseback riding, hunting, or the use of motorized vehicles except for necessary access by law enforcement personnel or for construction, maintenance or repair work by the City of the pathway or related improvements. The Grantee shall enforce its anti-littering ordinances, provide waste receptacles, and take other reasonable actions Vlithin its authority to prevent litter, trash or other material to gather or be deposited on or along the pathway authorized pursuant to this agreement. In the event any entity requires a license agreement with the Grantee regarding the pathway, if the pathway is to be maintained by the Clearbrook Estates Property Owner's Association and not Grantee, then said Property Owner's Association, as the successor to Grantor regarding ownership and maintenance of common areas, shall enter into an indemnity agreement with Grantee regarding Grantee's maintenance and liability responsibilities. Any and all notices shall be hand delivered or, if sent by mail, shall be certified, postage prepaid, return receipt requested, addressed to the parties as follows: GRANTOR: Clearbrook LLC PO Box 6290 Boise, ill 83707 GRANTEE: City of Meridian 33 East Idaho Meridian, Idaho 83642 . . PUBLIC P ATHVI A Y EASEMENT AGREEMENT PAGE 2 OF4 This Easement shall be perpetual from the Grantor, its heirs, its successors or assigns, to the Grantee. This Easement shall be binding upon the Grantor, its successors and assigns, and inure to the benefit of the Grantee and its successors and assigns, and shall run with the land. IN WITNESS WHEREOF, the parties hereto have executed this South Slough Pathway Easement the day and year first above written. GRANTOR: By: GRANTEE: CITY OF MERIDIAN By: Mayor Tammy de Weerd By: William G. Berg, Jr., City Clerk PUBLIC P A THW A Y EASEMENT AGREEMENT PAGE 3 OF 4 STATE OF IDAHO, ) : ss: County of d. ) On this ;2Ad day of Je-tJv -r , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared q,,; .A?...,. J... ,ct"", } / f( , mown or identified to me to be the, and whose name is subscnbed to the within___in~trum.. ent, and acknowledged to me that they executed the same for Ckc./6rcV-I"M~$ LLr . IN WITNESS \VHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above vvritten. (SEAL) ~~...u ....... ~~~ . T .'(f. .....~~ i,..~~ BJ? 0 iP##~ "","' .qp....... I~ ~ ~.c _.~.. ~ $ $--' .....y ~ ..*: ~OT.4.b " ~ :: ~(~ ~ ': : : ~. ~ : : ~~.p :*= ':. dl", .. U B LIe.. $ ~ -,r'" ". .- ~ ~ .., ~ .. .... ...... ~<? ........ ~Q ...:> ..##.. OF 1D ~ ~".... ......fr.IIIUl11.~ STATE OF IDAHO, ) ss: County of Ada, ) On this day of , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared T.Alv1J\.1Y de WEERD and WILLIAM G . BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WllNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: Z:\Work\M\Meridian\Meridlan 1 5360M\PubJic Works\PUBLIC P ATIIW A Y EASEMENTlPUBLIC P ATHW A Y EASEMENT. doc PUBLIC P A TH\V A Y EASEMENT AGREEMENT PAGE40F 4 June-1B,2004 MERIDIAN CITY COUNCIL MEETING APPLICANT June 22, 2004 ~ ITEM NO. REQUEST Ordinance - Open Buming Amended Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERI DIAN POST OFFICE: OTHER: See attached ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeHngs shall become property of the City of Meridian. WHITE PETERSON ATTORNEYS AT LAw KEVIN E. DINIUS JULfE KLEIN FISCHER CHRISTOPHER D. GABBERT WM. F. GIG RAY, III T. GUY HALLAM H JILLS. HOLlNKA JOHN R. KORMANIK' WILLIAM A. MORROW WILLIAM F. NICHOLS" WHITE PETERSON, P.1\.. CANYON PARKATTI1E IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 466-4405 May 19, 2004 William G. Berg, Jr., City Clerk Meridian City Hall 33 East Idaho St. Meridian, Idaho 83642 2 [t 2004 Re: Open Burning Amended Ordinance Of Meridian Clerk Office Dear Will: Attached you will find the ordinance pertaining to the Open Burning Amended Ordinance for the City of Meridian. Please place this ordinance upon one of the upcoming City Council regular agendas for approval and passage. Additionally, I have attached the Summary Ordinance and cover letter on this matter. If you have any questions or need anything further with regard to this ordinance, please advise. Very truly yours, Wm. F. Nichols Z:\Work\M\Meridian\Meridian I 5360M\Ordinances City Hall\2004 Ord\Berg Open Buming Amended Ord L TR 05 1904.doc CHRISTOPHERS. NVE PH [LIP A. PETERSON TODDA. ROSSMAN TERRENCE R. WHITE *.. . Also admitted in C .. Also admitted in C n. Also admitted in V CITY OF MERIDIAN ORDINANCE NO. 04- !!J ~ '3 BY: C /1.{vd,\e /~:t~~ AN ORDINANCE AMENDING THE FOLLOWING SECTIONS, SECTION 4 PROHIBITION AGAINST OPEN BURNING AND SECTION 6 PERMITS TO CHAPTER 2 TITLE 5 OPEN BURNING, AND TO SECTION 4 DEFINITIONS, SECTION 5 AIR QUALITY DESIGNATIONS AND ALERT CRITERIA, AND SECTION 12 PENALTY OF CHAPTER 3 TITLE 5; TO PROVIDE FOR SUBSECTIONS A. AND B. WITHIN SECTION 4 AND TO PROVIDE FOR ADDITIONAL LANGUAGE WITHIN SECTION 6 CHAPTER 2 TITLE 5; AND TO PROVIDE FOR DEFINITIONS FOR AIR QUALITY INDEX, OPERATOR, AND PERMIT HOLDER, AND TO ELIMINATE LANGUAGE WITHIN SECTION 4, IN SECTION 5 TO PROVIDE FOR THE ADDITION AND ELIMINATION OF LANGUAGE WITHIN SUBSECTION A, TO DELETE THE EXISTING SUBSECTION B. AND TO ADD A NEW SUBSECTION B. AND C., AND IN SECTION 12 TO PROVIDE FOR THE ADDITION OF ENFORCEMENT IN THE TITLE OF THE SECTION AND TO ELIMINATE AND ADD LANGUAGE IN SUBSECTION A., AND TO PROVIDE FOR NEW SUBSECTIONS B. AND C. TO CHAPTER 3 TITLE 5 FOR THE CITY OF MERIDIAN, IDAHO; PROVIDING FOR CONFLICT, V ALIDITY, SAVINGS CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Section 4 Chapter 2 Title 5 Prohibition Against Open Burning of the Meridian City Code, be, and the same is hereby amended and shall now read as follows: 5~2-4: PROHIBITION AGAINST OPEN BURNING: Except as allowed under Section 5-2-5 ofthis Code: A. No person shall build, ignite, or maintain any outdoor fire of any kind or character, or for any purposes whatsoever., subject to Section li2 ofthis Chapter. Page 1 of7 C:\Documents and Settings\greent\Local Settings\Temporary Intemet Files\OLKI88\Opcn Buming.doc B. - No burning permit holder shall build, ignite, or maintain any outdoor fire of any kind or character, or for any purposes whatsoever, during an air quality alert issued per the MERIDIAN CLEAN AIR ORDINANCE, subiect to Section 5-2-5 of this Chapter. SECTION 2: That Section 6 Chapter 2 Title 5 Permits of the Meridian City Code, be, and the same is hereby amended and shall now read as follows: 5-2-6: PERMITS: A. Contents: All permits must contain the following: 1. Name, address, business and home phone of pennittee. 2. Location of proposed burning. 3. Fire district where proposed burning is to occur. 4. Conditions under which burning is to be allowed. The Fire Chief shall develop such conditions as reasonably necessary to provide for safe burning. Provided, however, that no burning shall be allowed during an air pollution alert as defined in Section 5-3-5 of this Code. 5. Signature of issuing officer. 6. Signature of permittee. B. Agricultural Burning Permits: Agricultural burning permits may be issued for the following periods of time: February 15 to May 31 or July 15 to October 15. A permit issued for one time period is not valid for the other time period; however, a pennit may be issued covering both periods. Permits for either or both burning periods can be issued by the local Fire Chief or his designated representative. C. Ditch And Fence Row Burn Permits: Ditch and fence row burn permits may be issued allowing burning between February 15 and October 15. SECTION 3: That Section 4 Chapter 3 Title 5 Definitions ofthe Meridian City Code, be, and the same is hereby amended and shall now read as follows: 5-3-4: DEFINITIONS: For the purpose of this Chapter, the following terms, phrases, words, and derivations all have the meanings given herein. The word "shall" is always mandatory and not merely directory: Page2of7 C:\Docurnents and Settings\greent\LoeaJ Settillgs\Temporary lntemet Files\OLK188\Open Bunting.doe AIR POLLUTION: The presence in the outdoor atmosphere of any contaminant, or combinations thereof, in such quantity or of such nature and duration and under such conditions as would be injurious to human health or welfare, to plant or animal life, or to property, or to interfere unreasonably with the enjoyment of life or property. AIR QUALITY INDEX (AQn: A system used by the Idaho Department of Environmental Quality (DEQ) to report, daily air pollution levels to the public. Monitored air pollution levels are converted to a uniform scale ranging from 0 to 500 with the pollutant that has the highest ambient concentration measured in a given area determining the AQI. BUILDING: Any structure, dwelling, office, industrial plant, garage or barn, whether publicly or privately owned or any other "structuretl as defined by the Uniform Building Code as adopted in Title 10, Chapter 1 of this Code. BURN DOWN: That period of time following an air pollution alert required for the cessation of combustion within solid fuel heating appliances or any outdoor fires or burning or incineration included within this Chapter. CLEAN BURNING APPLIANCE: A solid fuel heating appliance that has been certified as clean burning by either the Oregon Idaho Department of Environmental Quality or the United States Environmental Protection Agency and has been placed on the list of approved clean burning appliances maintained by the City Clerk. ECONOMIC HARDSHIP: Fifty percent (50%) or less of Ada County's median income as established by the U.S. Department of Housing and Urban Development. FIREPLACE: A residential solid fuel burning device with an air-to-fuel ratio of greater than thirty (30) which is a permanent structural feature of a building. A fireplace is made up of a concealed masonry or metal flue and a masonry or metal firebox enclosed in decorative masonry or other building materials. A residential solid fuel burning device which is freestanding or which is installed into an existing "fireplace" opening is not included in the definition of "fireplace" . HEAT OUTPUT: The British thermal unit (Btu)/hour output of a solid fuel heating appliance measured under the testing criteria as adopted by the Ada County Development Services Department. OPEN BURNING: The combustion of any material not contained in a heating appliance or incinerator. OPERA TOR: Any person owning solid fuel burning equipment or who is responsible for placing fuel into a solid fuel burning device, fireplace, or incinerator. Page 3 of7 C:\Doeuments and Settings\greent\Local Settings\Temporary Intemet Files\OLK188\Open Buming.doc PARTICULATE MATTER: Any gas-borne particles resulting from various air pollution sources. incomplete combustion, consisting predominantly, but not exclusi'/cly, of carbon and other combustible matter. PERMIT HOLDER: Any person issued a City of Meridian burning permit. PERSON: Any individual, firm, partnership, association, corporation, company, organization or governmental entity. REFUSE: All solid waste, garbage, and rubbish, including but not limited to cardboard, plastic, rubber, styrofoam, petroleum products, foodstuff, Christmas trees, yard debris, or chemically treated wood. REFUSE INCINERATOR: Any device designed or operated to reduce the volume of refuse. Natural gas~fired pathological incinerators are excluded. SOLE SOURCE: One or more solid fuel heating devices which constitute the only source of heat in a building for the purpose of space heating. No solid fuel heating device(s) shall be the sole source of heat if the building is equipped with a permanently installed furnace or heating system designed to heat the building that is connected or unconnected from its energy source, utilizing oil, natural gas, electricity or propane. SOLID FUEL: Any form of untreated wood or coal. SOLID FUEL HEATING APPLIANCE: An enclosed device designed for solid fuel combustion that meets all of the following criteria: A. An air-to-fuel averaging less than thirty five to one (35:1); B. Firebox volume less than twenty (20) cubic feet; C. Minimum burn rate less than five (5) kilograms per hour; and D. Maximum weight ofless than eight hundred (800) kilograms. Explicitly excluded are furnaces, boilers, cook stoves, and open fireplaces. SECTION 4: That Section 5 Chapter 3 Title 5 Air Quality Designations and Alert Criteria of the Meridian City Code, be, and the same is hereby amended and shall now read as follows: 5-3-5: AIR QUALITY DESIGNATIONS AND ALERT CRITERIA: Page 4 of7 C:\Documcnts and Settings\greent\Local Settings\Tempormy lntemet Files\OLKI88\Open Burning.doc A. - Determination: +fie Air quality within the City of Meridian!s--aH= shall be determined by referencing daily area-wide pollutant levels, known as the area's air qualitv index, reported by the Idaho Department of Envifonmental Quality. monitoring pollutant levels in und/or around the City with equipment and methods appro'.'cd by the Idaho State Division of Em'ironmental Quality. B. Designations: The quality of Ada Countyts air shall be designated according to the following table, wherc npM 10" indicates particulate matter ':lith an aerodynamic diameter less than or equal to ten (10) microns: Health Effect Designation PM 10 Concentrations 21 hour (uo/m3) Geea 9-----W 51 150 151 350 351 12Q ~ Moderate Unhealthful \!er)'urlllealthfUl Hazurdo1:ls B. ~ Air Pollution Alert: In order to prevent the existence of, or reduce the duration of. air quality that is unhealthful, an air pollution "alert" will be declared in effect whenever the State Diyision Idaho Department of Environment Quality's air quality index reaches seventy- four (74) or higher for any pollutant within Canyon County, Ada County, or Elmore County. Idaho measures levels of PM 10 concentrations excecding one hundred (100) micrograms per cubic meter (uc/m3) and forecasts air stagnation conditions are forecasted to continue continuing for at least twenty four (24) hours. C. Permit Holder and Operator Responsibilities: It is the responsibility ofbuffiing penuit holders and operators of solid fuel heating appliances. fireplaces. or refuse incinerators, to monitor and be aware of the air quality index and air stagnation forecasts and to refrain from burning during an air pollution alert. Permit holders and operators may obtain the area's daily air quality index and air stagnation forecast by contacting the Idaho Department of Environmental Quality. SECTION 5: That Section 12 Chapter 3 Title 5 Penalty of the Meridian City Code, be, and the same is hereby amended and shall now read as follows: 5-3-12: ENFORCEMENT AND PENALTY: A. fA violation of any of the provisions of this Chapter or the failurc or omission to perform any duty imposed by the provisions of this Chapter is hereby declared unla',yful and punishable Page 5 of7 C:\Documents and Settings\greent\Local Scttings\Temporary Internet Files\OLK I 88\Open Buming.doc - as a misdemeanor. Enforcement: The City of Meridian's Fire Chief: Fire Marshal or his duly authorized representative and any law enforcement officer in the City of Meridian shall have the authoritv to enforce the provisions of this Chapter. B. Penalties: Each violation of any regulation hereunder or the provisions of any permit issued pursuant hereto shall be a misdemeanor and for each day said violation shall continue, shall constitute a separate offense hereunder. C. Punishment: Such violation is punishable by imprisonment in a County iail not exceeding six (6) months, or by a fine not exceeding three hundred dollars ($300.00) or both. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 8: SAVINGS CLAUSE: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. SECTION 9: DATE OF EFFECT: This ordinance shall be in full force and effect after its passage, approval and publication, according to law. P ASS:.;p BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 22ft.,;.. dayof J~ ,2004. '"? n..d!.. APPROVJW BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~Z ""- day of d~ ,2004. """HH,~':l~ ,,\\\~ Of MtIR;ZYI;~-- t.. "!'-. N~:1 ......" ~ . ~?.;-~ ~ ~~5" I'~ ~ (J oq,po~, '1; .-;.. ... r" 'V'j" -::- ... ~v I~ ... ~ ~ a ':~: - .~ = :.~: - - ATTEST: C:\Documents and Settings\greent\LocaI SeUings\TemporalY Intemet Files\OLK188\Open Buming.doc An Ordinance of the City of Meridian By: William G. Berg, Jr., City Clerk First Reading: 6- &-1---04- Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES 'K NO Second Reading: Third Reading: STATE OF IDAHO,) ss. County of Ada. ) On this fJ2vJ. day of \: )/,{ 11.e , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ....11....", ~......., ~ L. s~'4'.f.f.f ~.. ~'\C ........ './")> .f" ~ ~"".. .. 1'1'" ~ "" .. .0 Tr 0;. !! I ~oTA1(} \ ;. ~ . r . . _ ~ * : ...... .. 1< ~ :. . : : ... C... .. 0 Pu ~ \ . .. 0:. .. B .... ~ ; ~ <P o. .. C .. .., ,;,. .0 .. ...... .... ;;.;'~ ....... ~"'{"',.... .f"",l"e OF \\) ......'.... "'.aull....att.t Page 7 of7 C:\Documents and Settings\greent\Local Settings\Temporary Internet Files\OLKI88\Open Burning.doc 1 i ** TX CQ .,'lATI ON REPORT ** AS OF JUN 23 '04 ffi PAGE. I'll CITY OF MERIDIAN DATE TIME TO/FROM MODE MIWSEC PGS CMDll STATUS 01 06/23 08: 02 PUBL I C WORKS EC--S 01'01" 003 062 OK 02 06/23 08:04 8841159 EC-S 1211'1212" 01213 062 OK 03 06/23 08:06 2088840744 EC--5 1211'00" 1211213 062 OK 1214 06/23 08: 1217 POLICE DEFT EC--5 1211'1212" 12103 12162 OK 1215 06/23 08: 1219 8985501 EC--5 01'01" 1303 062 OK 06 06/23 08: 10 LIBRARY EC-S 01' 20" 1303 062 OK 07 06/2308:1292083776449 EC--S 01'130" 1303 062 OK 08 06/23 138' 14 2138 388 6924 EC--S 61' 19" 1303 1362 OK 09 06/23 1218' 16 2088886854 EC--S 101 '01" 003 062 OK 10 06/23 08: 17 8950390 EC--S 01'00" 1303 062 OK 11 1216/23 08: 19 2138 387 6393 EC--S 131'01" 0133 12162 OK 12 1216/23 08:20 ADA CTY DEVELMT EC-S 01'02" 003 12162 OK 13 06/23 08:22 8885052 EC--S 01'00" 003 12162 OK 14 06/23 08: 23 CHERRY LANE G3--S 02'02" 003 12162 OK 15 06/23 08:26 IDAHO ATHLETrC C EC--S 01'01" 063 12162 OK 16 06/23 08: 28 I D PRESS TR I BLJ-IE EC--S 01'01" 003 062 OK 17 06/23 08:29 2088886701 EC--S 01'02" 01213 662 OK 18 06/23 08:34 3810160 EC--S 01'44" 003 1362 OK 19 06/23 08: 36 12084664405 EC--S 01'01" 1363 1362 OK -------------------------------------------------------------------------------------------- CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 22, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: -L Shaun Wardle >c Bill Nary ~ Charlie Rountree =:K Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: f}",'1 ~ 7i-oop Itfo 3. Community Invocation by Pastor Gordon Slyter, with Treasure Valley Worship Center: j1Y'eu+-r-- 4. Adoption of the Agenda: ~vv-<-- 5. Consent Agenda: A. Approve Minutes of May 18,2004 Pre-Council Meeling: ~.- B. Approve Minutes of May 25, 20D4 Pre.CO\Jncil Meeting: ~__ C. Approve Minutes of June 8, 2004 City Council Regular Meeting: <bfr~ D. Findings of Fact and Conclusions of Law for Approval: MI 04- 004 Request for a Miscellaneous request for an amendment to the Development Agreement for Resolution Subdivision No. 1 by Aspen Grove Developmenl, LLC - south of East Overland Road at Celebration Avenue and Gala Street: ~ E. Findings of Fact and Conclusions of Law for Approval: PFP 04-004 Request for PreHmlnary Final Plat approval of 2 building lots on 2.3 acres in an I-L zone for Haztech Subdivision by Pinnacle Engineers, Inc. -475 North Under Road: ~.....c...-- F. Findings of Fact and Conclusions of Law for Approval: AZ 04. 008 Request for Annexation and Zoning of 5.22 acres from RUT to CoG zone for MaQic View Court by Larry Hellhake - 2855 Magic View Drive: ~-A> 7-.6-19 f- MoridiUl Cl!yeounc;! Agcndo-Junc 22. 2004 Pug.lof) All m.t\Ltri~b:ptt:ltrllil:d.u P'lblic mllleti'np IIhlU bocemc Pf'QpI."'l1)r oftbc CilyotMil:ridic.n.. AnyQSK dE-sirixt,t DI.:.o.mmo>dAtion f<< dtubilitiM 'foWed. to daaimc:nl:l nndlQl'" ~ pl~-1'I5t COtlua me City Clc:tSc~.II Office lit :!t8.8-443J &1 iaut 48: bcuts prior- EO the public ~ng.. 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 06/18 16:10 3810160 06/18 16:12 PUBLIC WORKS 06/18 16:13 12084664405 06/18 16:15 8841159 06/18 16:16 2088840744 06/18 16:18 POLICE DEPT 06/18 16:20 8985501 06/18 16:21 LIBRRRY 06/18 16:23 92083776449 06/18 16:24 208 388 6924 06/18 16:26 2088886854 06/18 16:28 ALL RMERICAN INS 06/18 16:29 208 895 0390 06/18 16:31 128300040 06/18 16:33 ADR CTY DEUELMT 06/18 16:34 8885052 06/18 16:36 CHERRY LANE 06/18 16:38 IDRHO ATHLETIC C 06/18 16:40 887 0816 06/18 16:43 ID PRESS TRIBUNE 06/18 16:44 2088886701 06/18 16:49 208 387 6393 AS OF JUN 18 '04 16:50 PRGE.01 MODE EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S G3--S EC--S EC--S G3--S EC--S G3--S EC--S EC--S EC--S CiTY OF MERIDIRN. MiN/SEC PGS 01'39" 003 00'58" 003 00'59" 003 00'58" 003 00'58" 003 00'58" 003 00'56" 003 01'14" 003 00'57" 003 01'15" 003 00'57" 003 00'58" 003 00'57" 003 01' 16" 003 00'58" 003 00'58" 003 01'57" 003 00'58" 003 01'56" 003 00'58" 003 00'58" 003 01'08" 003 CMDl:I 037 037 037 037 037 037 037 037 037 037 037 037 037 037 037 037 037 037 037 037 037 037 STATUS OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK r u ! ~ e..- V1\S-t fa-< ~ 0 k:>\ I G j\J Cyt\(~ -' - ) VlC\ II) r- 5 ~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 22, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Charlie Rountree Bill Nary Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Gordon Slyter, with Treasure Valley Worship Center: 4. Adoption of the Agenda: 5. Consent Aaenda: r 11 6. ':l~; V~s-\- -\1i f lJ \0\ i L N t)D~:< 1hM t:s \ CITY OF MERIDIAN CITY COUNCil REGULAR MEETING AGENDA Tuesday, June 22, 2004 at 7:00 p.m. City Council Chambers 1. RolI~call Attendance; Shaun Wardle Charlie Rountree Bill Nary Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Gordon Slyter, with Treasure Valley Worship Center: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of May 18, 2004 Pre-Council Meeting: B. Approve Minutes of May 25, 2004 Pre-Council Meeting: C. Approve Minutes of June 8, 2004 City Council Regular Meeting: D. Findings of Fact and Conclusions of Law for Approval: MI 04~ 004 Request for a Miscellaneous request for an amendment to the Development Agreement for Resolution Subdivision No. 1 by Aspen Grove Development, LLC - south of East Overland Road at Celebration Avenue and Gala Street: E. Findings of Fact and Conclusions of Law for Approval: PFP 04~004 Request for Preliminary Final Plat approval of 2 building lots on 2.3 acres in an I-L zone for Haztech Subdivision by Pinnacle Engineers, Inc. - 475 North Linder Road: F. Findings of Fact and Conclusions of Law for Approval: AZ 04- 008 Request for Annexation and Zoning of 5.22 acres from RUT to C-G zone for MaQic View Court by Larry Hellhake - 2855 Magic View Drive: Meridian City Council Agenda - June 22, 2004 Page I of3 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. Findings of Fact and Conclusions of Law for Denial: RZ 04- 004 Request for a Rezone of 9.47 acres from R-4 to L-Q and R-15 zones for Southwoods Subdivision by Calderwood Community, LLC - 2090 South Meridian Road: H. Findings of Fact and Conclusions of Law for Denial: PP 04- 007 Request for Preliminary Plat approval for 15 building lots (14 office and 1 residential) and 1 common lot on 9.47 acres in proposed R-15 and L-Q zones for Southwoods Subdivision by Calderwood Community, LLC - 2090 South Meridian Road: I. Findings of Fact and Conclusions of Law for Denial: CUP 04- 008 Request for a Conditional Use Permit for a Planned Development for office and assisted Jiving in proposed R-15 and L- Q zones for Southwoods Subdivision by Calderwood Community, LLC - 2090 South Meridian Road: J. Order Granting Remand to Planning and Zoning Commission: AZ 04-005 Request for annexation and zoning of 5.27 acres from RUT to R-4 zones for proposed Packard Acres Subdivision No.3 by Packard Estates Development, LLC - south of East Ustick Road and east of North Locust Grove Road: K. Resolution No. Public Auction: Sale of Property at L. Water Main Easement for Retail Buildina by Kimball Properties (L6, 85 Bonito Subdivision): M. Water Main Easement for Sierra Plaza by Kimball Properties (L6, 84 Bonito Subdivision): N. Streetliaht Aareement for Lochsa Falls #8: O. Streetliaht Aareement for Paramount #1 : P. Streetliaht Aareement for Paramount #3: Q. Water Main Easement in Silverstone Business Campus for Citigroup: R. Public Pathway Easement for Clearbrook Estates by Clearbrook, LLC: 6. Department Reports: Meridian City Council Agenda - June 22, 2004 Page 2 of3 All materials presented at public meetings shall become property oftbe City of Meridian. Anyone desiring aeeommodation 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. 7. (Items Moved from Consent Agenda) 8. FP 04~034 Request for Final Plat approval for 88 single-family residential building lots and 25 common lots on 25.15 acres in an R-8 zone for Settlement Bridae Subdivision No.1 by Capital Development, Inc. - south-east corner of North Locust Grove Road and East McMillan Road: 9. FP 04-033 Request for Final Plat approval for 32 single-family residential building lots and three (3) common lots on 10.09 acres in an R-8 zone for Paramount Subdivision No.4 by Paramount Development, Inc. - east of North Linder Road and north of West McMillan Road: 10. FP 04-035 Request for Final Plat approval for 86 single-family residential building lots and four (4) common lots on 30.64 acres in an R-4 zone for Messina Hills Subdivision No.2 by Tuscany Development, Inc. - west of South Eagle Road and south of East Victory Road: 11. Public Hearing: MI 04-005 Request to allow direct lot access to North Linder Road from an existing home on Lot 2, Block 2 of Cobblefield Crossin a Subdivision by CMD, Inc. - south of West McMillan Road and east of North Linder Road: 12. Public Hearing: MI 04-006 Request to amend the Development Agreement for EI Dorado Business Campus to include nursing homes and residential care facilities as permitted uses by W.H. Moore Company - southwest corner of South Eagle Road and East Overland Road: 13. Public Hearing: PP 04-012 Request for a Preliminary Plat approval for six commercial building lots and one common lot on 2.82 acres in a C-G zone for Initial Point Subdivision by Robnett Construction - east of North Meridian Road and south of East Fairview Avenue: 14. Ordinance No. Ordinance: Open Burnina Amended Meridian City Council Agenda - June 22, 2004 Page 3 of 3 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the publie meeting. Interoffice Memorandum JUN 2 2 Citv nr r'J:t",::::;' . '_,1 ,~ f .)ror!r. or!:'" ~.. ~....~-..' /'.'..; 1J1[;0 To: William G. Berg, Jr. From: Wm. F, Nichols Subject: Meridian Academy - Conditional Use Permit Time Extension (TE-04-002) Date: June 14, 2004 Will: Please find enclosed the original of the Order Granting A One (1) Year Time Extension for the Conditional Use Permit (CUP-03-002) in the above matter. This Order is pursuant to the timely request of the applicant, LKV Architects, and pursuant to the City Council's action at its June 8, 2004, meeting. Therefore, please present this Order to Mayor De Weerd to obtain her signature. Please forward copies to the applicant, Planning and Zoning, Public Works and the City Attorney. If you have any questions please advise. Z:\Work\M\Metidian\MeridianI5360M\Metidian Academy TE-04-002\Clk TE Memo 0614 04.doc BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION ) FOR EXTENSION ON THE CONDITIONAL ) USE PERMIT (CUP-03-002) FOR MERIDIAN ) ACADEMY, LOCATED AT 2311 EAST ) LANARK STREET, MERIDIAN, ) IDAHO ) ) BY: LKV ARCHITECTS, ) ) APPLICANT ) ) ) C/C 06-08-04 CASE NO. TE-04-002 ORDER GRANTING A ONE (1) YEAR EXTENSION ON THE CONDITIONAL USE PERMIT (CUP-03-002) This matter coming on regularly before the City Council on the 8th day of June, 2004, upon the Applicant's time application for a one (1) year extension on the Conditional Use Pennit (CUP-03-002), which original Conditional Use Permit was approved on April 18, 2003, as provided in S 11-17-4, and good cause appearing. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 1. The above named Applicant is granted a one (1) year extended period of time until October 1, 2005, of this Order for commencing construction on the approved Conditional Use Permit (CUP-03-002) for the above entitled subdivision application. Qth. By action of the City Council at its regular meeting on the 0 day of JU.nc.. , 2004. Order Granting A One (1) Year Time Extension For Conditional Use Permit - Meridian Academy (TE-04-002) Page 1 of2 DATED this ~O:aYOf Jv~ {/ ,2004. Attest: \\\111\\ U I :J~f Ii' ;,' \\\ of f';' '. \.....' -..1. ,,,-/ ,,' .::;.........0 -";. $' CJ O?POi'i'.,~ .:',<' .::: _,0 1(0' "" 2 ~ \ SEAL I & -. ~ Q(.{ "Cll 0 .::; ~ ""'0 a'1 19""( . .{- $ -';- " ~ ~ r/....... COU V ..p ,.......... //11 ' NT \, \\\' Copy served upon Applicant, Planning and/~onHiglJj~p~rtment, Public Works and the City Attorney. o BY: . ~'hJuL ~ City'Clerk's Office Dated: LP ~d5- ('4 Z:\Work\M\Meridian\Meridian 1 5360M\Meridian Academy TE-04-Q02\CUP One Year Time Extension TE-04-002.doc Order Granting A One (1) Year Time Extension For Conditional Use Permit - Meridian Academy (TE-04-002) Page 2 of2 BEFORE THE MERIDIAN CITY COUNCIL C/C 06/22/04 IN THE MATTER OF THE ) APPLICATION OF TUSCANY ) DEVELOPMENT, INe. FOR ) APPROVAL FOR 86 SINGLE- ) FAMIL Y RESIDENTIAL BUILDING ) LOTS AND 4 COMMON LOTS ON ) 30.64 ACRES IN AN R-4 ZONE FOR ) MESSINA HILLS SUBDIVISION ) NO.2, LOCATED MIDWAY ) BETWEEN S. LOCUST GROVE ) ROAD AND S. EAGLE ROAD, ) APPROXIMATELY % MILE ) SOUTH OF E. VICTORY ROAD IN ) THE SOUTH Yz OF THE NORTH 1) ) OF SECTION 29, T.3N., R.lE, ) MERIDIAN, IDAHO ) ) CASE NO. FP-04-035 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on June 22,2004, and the Council finding that the Administrative Review is complete from Sonya Allen for the Planning and Zoning Department, and John Boyd Engineering Technician II, dated: Hearing Date: June 22,2004, to the Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning Department, Kent Brown, and Brad Watson, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA HILLS SUBDNISION NO. 2/ (FP~04-035) Page 1 of 4 IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT OF MESSINA HILLS SUBDIVISION NO.2, A PORTION OF THE N Yz SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., MERIDIAN, ADA COUNTY, IDAHO 2004, SHEET 1 OF 3, #21109 \21109-PLT.DWG BEB 05/18/04, STAMPED MAY 20 2004, HANDWRITTEN DATE: 5/20104, TUSCANY DEVELOPMENT, INC - DEVELOPER, BRIGGS ENGINEERING, INC. - CONSULTING ENGINEERS", Tuscany 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 John Boyd Engineering Technician II, and Sonya Allen for the Planning and Zoning Department, dated: Hearing Date: June 22, 2004, listing 16 SITE SPECIFIC COMMENTS/FINAL PLAT, and 7 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting offive pages, and by reference incorporated herein, and the additional requirements from the action of the Council taken at their June 22,2004 meeting as follows, to-wit: 1.1 Adopt the action ofthe City Council taken at their June 22, 2004 meeting as follows: Per the action ofthe City Council taken at their June 22, 2004 meeting, and in particular to the staff report, under Site Specific Comments/Final Plat condition numbers 9 and 10, they shall be revised and shall read as follows: SITE SPECIFIC COMMENTS/FIANL PLAT 9. If Lot 53, Block 1 is designed as a water feature, applicant will be required to meet with staff prior to signature on the final plat to discuss landscape requirements associated with the ponds. At this ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA HILLS SUBDIVISION NO. 2/ (FP-04-035) Page 2 of 4 time the applicant is unsure whether it will be a water feature or a drainage pond. 10. Lot 2, Block 11 and Lot 34, Block 1, Storm drainage must be in compliance with MCC 12-13-14 Stormwater Integration. All drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 1 GO-year storm event. Side slopes within drainage areas must be less than 3: 1 for accessibility and maintenance. 2. The final plat upon which there is contained the Certification and signature ofthe 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA HILLS SUBDIVISION NO. 2/ (FP-G4-035) Page 3 of 4 Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by 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 .:Jdnd day of JUne.... ,2004. Attest: SEAL 'Y': r-:> . ~ C: C!)O 2 Ity Clerk \,76 QU,sr 191" ," ff " '4 ^ \.(".'t " '/ I..~O \v ,'" //1'1/:.. UN1"l '.,:,\\\\\ "I, .;, ,';:1\\\ J.u-: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. By: ..::1L\ OLfY\...l:tl"LO , fY\ City Clerk's Office Dated: '1- d .04 Z:\Work\M\Meridian\Meridian 1 5360M\Messina Hills Sub NO.2 FP-04-035\OrderFP.doc ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA HILLS SUBDIVISION NO.2 / (FP-04-035) Page 4 of 4 ./ MAYOR Tammy de Weenl ~p /ClTYOF ....""......-"2i VYLerzdian IDAHO CITY HALL (208) 888.4433 - Fax 887-481. PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-955 CITY COUNCIL MEMBERS Keith Bird William L.M. Nary Shaun Wardle Charles M. Rountree LEGAL DEPARTMENT (208) 466-9272 - FAX 466.44C STAFF REPORT: Hearing Date: June 22, 2004 Re: Mayor & City Council Sonya Allen, Assistant City Planner JII. John Boyd, Engineering Tech. II 9~ Messina Hills Subdivision No.2 (Revised) To: From: Final Plat approval of Eighty-Six (86) Single-Family Residential Building Lots and Four (4) Common Lots on 30.64 Acres in an R-4 Zone, by Tuscany Development, Inc. (File No. FP-04~035). 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, Tuscany Development, Inc., has applied for final plat approval of Messina Hills Subdivision No.2 consisting of86 single~familyresidential building lots and 4 common lots on 30.64 acres ofland. The zoning designation for the proposed subdivision is R-4 (Low Density Residential). This subdivision will have a gross density of2.8 d.u./acre and a net density of3.5 d. u./ acre. The proposed Messina Hills Subdivision No.2 is located midway between S. Locust Grove Road and S. Eagle Road, approximately ~ mile south ofE. Victory Road in the south Y2 of the north ~ of Section 29, T.3N., R.lE. The original final plat for Messina Hills Subdivision No.2 was approved by City Council on November 18, 2003 but was never recorded. The previously approved plat consisted of 100 single-family building lots and 5 common lots on 36.66 acres and was located on both sides of the Ridenbaugh Canal. The current submittal does not include the land located on the west side of the canal but does include land east of the canal that was not shown on the original phase 2. The applicant states that the reason for re-submittal is that during the construction plan approval Exhibit" A" 1 of 5 Mayor & City Council Hearing Date: June 22, 2004 Page.2 of 5 process they were delayed in their plan approval with Nampa & Meridian Irrigation District because of some ditch issues on the west side of the previously approved plat; therefore, they would like to speed up the process by platting the west side of the canal at a later date. The four conunon lots within the subdivision consist of landscape, homeowner pedestrian access, and recreational lots which will be owned and maintained by the Messina Hills Homeowners Association. The pressurized irrigation system within this development will be owned and maintained by the N ampa & Meridian Irrigation District. A Conditional Use Permit (Planned Development) was approved for this subdivision. The only reduction to the ordinance that was approved with the Planned Development that applies to this phase is reduced lot frontages. A specific minimum frontage was not identified in the CUP; however, all lots within the subdivision meet or exceed the minimum lot square footage requirements of 8,000 square feet. The submitted final plat substantially complies with the approved preliminary plat. A few of the lots in Block 1 bordering the canal were re-configured; however, the number of building lots stayed the same and common open space increased. Staff has no objection to these changes. Staff recommends approval of the final plat for Messina Hills Subdivision No.2 with the comments and conditions stated in this report. SITE SPECIFIC COMMENTS / FINAL PLAT 1. Applicant is to meet all terms of the approved Annexation (AZ~02-005), Preliminary Plat (PP-02-006), and Conditional Use Permit (CUP-02-006). 2. The applicant has indicated that the Nampa & Meridian Irrigation District will own and maintain the pressure irrigation system within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. 3. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including perimeter fencing, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc., prior to signature on the final plat. Exhibit" A" 2 of 5 Mayor & City Council Hearing Date: June 22, 2004 PageJ of 5 4. Sanitary sewer and municipal water service 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 forms of easements, for any mains that are required to provide service. 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. Complete the Certificate of Owners and accompanying Acknowledgment. 7. Please indicate the status of property (platted/unplatted) to the south of this Subdivision. 8. The landscape plan shall be revised as follows: a. Show drainage contours on Lot 53, Block 1. b. Revise the cobble shown in the bottom of the drainage swale on Lot 53, Block 1 to reflect seed per MCC 12-13-14. c. If Lot 34, Block 1 is a retention/detention swale, please change cobble to seed as above. Also, relocate trees from slope of pond. d. Please revise the plan at a larger scale (i.e. less paper). 9. If Lot;4 53, Block 1 is designed as a water feature, applicant will be required to meet with staff prior to signature on the final plat to discuss landscape requirements associated with the ponds. At this time the applicant is unsure whether it will be a water feature or a drainage pond. (Per action of the City Council taken at their June 22,2004 meeting.) 10. Lot 2, Block 11 and Lot 34, Block 1, Storm drainage must be in compliance with MCC 12-13-14 Stormwater Integration. (Per action of the City Council taken at their June 22, 2004 meeting.) All drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. Side slopes within drainage areas must be less than 3:1 for accessibility and maintenance. 11. All fencing must be in compliance with MCC 12-4~10. Temporary construction fencing to contain debris shall be installed along the boundaries of this phase unless fencing already exists at the subdivision boundaries. 12. Revise or delete the following notes on Sheet 2 of the plat: Exhibit" A" 3 of 5 Mayor & City Council Hearing Date: June 22, 2004 Page 4 of 5 a. Note #3: Revise to read, "Building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations ofthe City of Meridian with exception to the front yard setback, T.vhich shall be 20 feet measured from the back of sidev;nlk, or 22 feet measured from the Right of ~ Title 11 and Title 12 of the Meridian City Code unless otherwise modified by Conditional Use Permit (CUP-03-006) which allowed for reduced lot frontages. " b. Note #8: Delete this note; it is no longer required to be shown on the plat. c. Note #11: Revise this note to reflect Lot 53, not Lot 54 as a non-buildable lot. Also, include Lot 61, Block 1 as a non-buildable lot. d. Note #13: Complete the Instrument No. e. Note #14: Complete the Instrument No. f. Note #17: Delete this note; it is no longer required to be shown on the plat. 13. Add the interior lot dimension on the northwesterly boundary of Lot 2, Block 11. 14. Revise the side lot line easements at the north sides of Lots 2, 6 and 10, Block 6, northeasterly side of Lot 37, Block 1 and the easterly side of Lot 4, Block 9 to show 8' instead of5' to allow extra width for pressure irrigation lines (5' beyond centerline of pipe). 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. Staffs failure to cite specific ordinance provisions or terms of the approved annexation, preliminary plat or conditional use permit does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (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 2. 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. 3. Two-hundred-fifty and lOO-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. Exhibit" A" 4 of 5 Mayor & City Council Hearing Date: June 22, 2004 Page.5 of 5 Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 4. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 5 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. 6. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 7. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. STAFF RECOMMENDATION Staff recommends approval of the final plat for Messina Hills Subdivision No.2 with the above stated comments and conditions. Exhibit" A" 5 of 5 ~,' PROFESSIONAL SERVICES CONTRACT This contract is entered into this 17th day of June, 2004, by and between the City of Meridian, Idaho, herein referred to as the "GRANTEE" and Ida-Ore Planning and Development Corp. (d.b.a. Sage Community Resources), whose address is 10624 W. Executive Drive, Boise, ID 83713, herein referred to as the "CONTRACTOR", Witnesseth: WHEREAS, the GRANTEE has made application to and been awarded by the Idaho Department of Commerce, herein referred to as the "DEPARTMENT, II for the receipt of grant funds under the ldaho Community Development Block Grant (ICDBG) Program for purposes of HBusiness Expansion Infrastructure hnprovements"; and WHEREAS, the GRANTEE desires to engage the CONTRACTOR to render certain services related to the administration ofthe above described ICDBG project; and WHEREAS, The GRANTEE has complied with provisions for soliciting of contractors as cited in OMB Circular A-I 02; and WHEREAS, in order to assure effective; management of the above project, it is deemed to be in the best interests ofthe GRANTEE to enter into an agreement with the CONTRACTOR as hereinafter provided; NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. EMPLOYMENT OF CONTRACTOR The GRANTEE agrees to engage the CONTRACTOR, and the CONTRACTOR agrees to provide the services described in Section 6 in order to provide for the administration and management of the ICDBGproject for the GRANTEE as approved by the DEPARTMENT. 2. EMPLOYEE-EMPLOYER RELATIONSHlP The contracting parties warrant by their signature that no employer-employee relationship is established between the CONTRACTOR and the GRANTEE by the terms ofthis contract. It is understood by the parties hereto that the CONTRACTOR is an independent contractor and as such neither it nor its employees, if any, are employees of the GRANTEE for purposes of tax, retirement system, or social security (FICA) withholding. 3. CONTRACTORrs INSURANCE The CONTRACTOR warrants that it has obtained, and will maintain at its expense for the duration ofthis Contract, statutory worker's compensation coverage, employer's liability and comprehensive general liability insurance shall have, at a minimum, a coverage limit of at least one hundred thousand dollars ($100,000) per claim, and five hundred thousand dollars ($500,000) aggregate. 1 4.. LIAISON The GRANTEE designated liaison with the CONTRACTOR is Will Berg, City Clerk. The CONTRACTOR'S designated liaison with the City of Meridian is Leslie Toombs, Economic Development Planner. 5. EFFECTNE DATE AND TIME OF PERFORMANCE This Contract takes effect on Jlme 17.2004 . The services to be performed by the CONTRACTOR will be completed upon project closeout. 6. SCOPE OF WORK The CONTRACTOR will perform the following services: A. PROJECT PLANNING 1. Work with the City of Meridian: to plan final funding source strategy for the project. TWs will include attending necessary meetings, public presentations, performing research, and giving recommendations for project development activities. Ms. Toombs will serve as final grants development coordinator and provide liaison with governmental funding partners. 11. Working in conj~GJi?n with the GRANTEE, and their Engineer, CONTRACTOR will develop, publish; and submit necessary applications for grant assistance to the State agencies. iii. Develop an approved Administrative Plan and secure approval of the Plan by the funding agency. B. CITIZEN PARTICIPATION 1. Assist GRANTEE in conducting public hearing required previous to grant application submittal and at 50% .constructi(;m completion. C. ENVIRONMENTAL REVIEW 1. Have GRANTEE appoint Environmental Review Officer. ,'.", 11. Establish Environmeptal Review Record file. iil. Determine whether project is categorically excluded. Complete Statutory Checklist. 2 lV. If project is not excluded, conduct Environmental Assessment to include impacts on and mitigating measures for: a. Community b. Site c. Historic preservation d. Floodplain/wetland e. Endangered species f. Local regulations v. Ifno restrictions are placed on the project by the agencies contacted during the Environmental Assessment, prepare Finding of No Significant Impact (FONS!) a. Publish FONSI and distribute notice and Request for Release of Funds (15 days) b. Mail Certification and Request for Release of Funds to DEPARTMENT along with a copy of publication (1S-day comment period) c. Receive Release of Funds from the DEPARTMENT D. CIVIL RIGHTS COMPLIANCE 1. Establish a file containing the GRANTEE'S Affirmative Action Plan, Community Profile, staffing minority status or other documents and statistics, which demonstrate GRANTEEtS minority and handicapped population and efforts in nondiscriminatory practices. ii. File signed Section 3 Clause and Certifications. iii. Submit MBE/WBE Solicitation Summaries for all solicitations for services or construction bids. iv. Comply with GRANTEE Section 3 Plan and maintain documentation. v. Implement at least three (3) ofthe Fair Housing activities listed in the Civil Rights Handbook, including an Analysis of Impediments to Fair Housing. vi. Consistent with the provision of Executive Order 11246 and OMB Circular A-I02, Attachment 0, CONTRACTOR will take affirmative steps to assure that women (WBE) and minority businesses (DBE) are used when possible as sources of supplies, equipment, construction and services. Additionally, CONTRACTOR will document all affirmative steps taken to solicit WBE & DBE businesses and forward this documentation along with the names of the WBE & DBE subcontractors and suppliers to the local government CDBG recipient upon request. 3 E. ACQUISITION AND RELOCATION COMPLIANCE 1. Determine whether acquisition is governed by Title III of the Uniform Relocation Act. 11. Assist in the preparation of documentation for temporary or permanent easement allocation and acquisition of real property. iii. Prepare acquisition notices. iv. Prepare Requests for Qualification (RFQ's) for the selection of a certified appraiser, as needed. v. Review appraisal documents, determine just compensation and assist in preparing final acquisition documents. vi. Assist the GRANTEE in preparing acquisition file for each property acquired. vii. Assist the GRANTEE in complying with State and Federal requirements regarding donations of properties or relocation. F. LABORSTANDARDSCOMPL~NCE 1. Furnish Engineer with all HUn documentation, including Federal Wage determinations, for preparation of check set of plans and specifications. Ii. Maintain documentation attesting to all administrative and enforcement activities with respect of Federal labor standards requirements, including: a. Review all contract documents to ensure labor standards provisions, including current wage determinations, are included b. Check all contractors and subcontractors to verify they are a bona fide company and have no deficiencies outstanding from previous federal work c. Conduct pre-construction conferences to obtain various certifications of all contractors and subcontractors d. Review weekly payrolls e. Assure wage rates and Equal Employment Opportunity signs are posted at the job site f. Monitor on-site inspection reports g. Conduct employee interviews to insure Davis-Bacon wages are being paid iii. Secure updated Federal Wage Determination ten (10) days prior to bid opening date and assist in notifying bidders of any changes in Wage Determinations. 4 IV. Monitor that all contracts and subcontracts contain Federal Labor Standards provisions, applicable wage determinations and other required Federal and local assurances and documentation. Check contractor and subcontractor eligibility with DEP AR TMENT (HUD) before starting construction. v. Conduct pre~construction conference: inform all contractors, and those subcontrac- tors that have been selected of their labor standard and fair employment practice obligations as required by HUD. Submit pre-construction conference minutes to DEP ARTMENT. Submit executed contract documents to DEPARTMENT for review and approval. vi. During construction, conduct on-site inspections and worker interviews, checking for posting of Federal wage determination and Equal Employment Opportunity poster, and collection and review of weekly contractor and subcontractor paYTolls and subcontractor reports. vii. Seek prompt correction of all violations oflabor standards and paYToll discrepancies. H. FINANCIAL MANAGEMENT 1. CONTRACTOR will assist the GRANTEE in establishing a project filing system, which will include: a. General Ledger b. Cash receipts/disbursements journals c. Requests for Funds/Source Documentation and Progress Reports ii. CONTRACTOR will act as prime coordinator to process Requests for Funds and obtain funding from the DEPARTMENT. iii. Submit Performance Reports to the DEPARTMENT. iv. Schedule with DEPARTMENT for monitoring as required. v. Provide continued project administration through closeout in accordance with State and Federal requirements. I. PROCUREMENT OF MATERIAL AND SERVICES 1. Provide assistance to the GRANTEE in the procurement of all contracts and subcontracts to ensure the procurement process meets with the requirements of the funding agencies. 5 11. Coordinate to obtain, if necessary, DEPARTMENT approval for scope of work/project area adjustments after on-site confirmation of pre-design project scope by engineers and the GRANTEE. iii. Furnish Engineer with all HUn documentation, including Federal Wage Determinat- ions, for preparation of check set of Plans and Specifications. IV. Submit documents to the DEPARTMENT for final review prior to going out to bids. Secure written approval of bid documents from DEPARTMENT. v. Monitor and counsel for proper advertisements of project for purpose of securing wide bidder activity to meet Federal (RUD) requirements. J. HANDICAPPED ACCESSIBlLITY COMPLIANCE 1. Designation of a responsible employee. 11. Adoption and public notification ofthe Policy on Non-discrimination. iii. Adoption and Public Notification ofthe 504 grievance procedure. iv. Establishing Section 504 Citizen Review Conunittee. v. Conducting local self-evaluation. vi. Developing a Transition Plan. 7 . COMPENSATION For the satisfactory completion ofthe services to be provided under this Contract, the GRANTEE will pay the Contractor a sum, not to exceed $22,000 which the GRANTEE agrees to pay as set forth in attachment nAil. Payment of compensation is contingent upon GRANTEE receiving an Idaho Community Block Grant of $222,603. 8. CONFLICT OF INTEREST The CONTRACTOR warrants that it presently has no interest and will not acquire any interest, direct or indirect, in the ICDBG project, which would conflict in any manner or degree with the performance of its services hereunder. The CONTRACTOR further covenants that, in performing this contract, it will employ, no person who has any such interest. Should any conflict of interest, as defined by the ICDBG Administrative Rules, arise during the performance of this contract, it will be disclosed and managed according to the ICDBG rules. 6 9. MODIFICATION AND ASSIGNABILITY OF CONTRACT This contract contains the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party, which are not contained in the written contract, are valid or binding. This contact may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. The CONTRACTOR may not sub contract or assign its rights (including the right to compensation) or duties arising hereunder without the prior written consent of the GRANTEE and the DEPARTMENT. Any subcontractor or assignee will be bound by all the terms and conditions oftms contract. 10. TERMINATION OF CONTRACT This contract may be terminated as follows: a. Termination due to loss of funding. In the event that the DEPARTMENT reduces or tenninates payments under the ICDBG Program so as to prevent the GRANTEE from paying the CONTRACTOR with ICDBG funds, the GRANTEE will give the CONTRACTOR written notice, which sets forth the effective date ofthe termination and explain the reasons for the termination. The notice shall also describe the conditions for any reimbursement for any work completed. b. Termination for convenience. The GRANTEE may terminate this contract in whole, or in part, for the convenience of the GRANTEE when both parties agree that the continuation of the project is not in the best interest of both parties and that further expenditure of funds will not produce any results. The parties shall agree in writing upon the conditions, effective date and fair and reasonable payment for work completed. c. Termination for cause. 1. If the GRANTEE determines that the CONTRACTOR has failed to comply with the terms and conditions ofthis contract, it may terminate this contract in whole, or in part, at any time before the date of completion. Ifthe CONTRACTOR fails to comply with any of the terms and conditions of this contract, the GRANTEE may give notice, in writing, to the CONTRACTOR of any or all deficiencies claimed. The notice will be sufficient for all purposes if it describes the default in general terms. If all defaults are not cured and corrected within a reasonable period as specified in the notice, the GRANTEE may, with no further notice, declare this Contract to be terminated. The CONTRACTOR will thereafter be entitled to receive payment for those services reasonably performed to the date oftermination, less the amount of reasonable damages suffered by the GRANTEE by reason of the CONTRACTOR'S failure to comply with this contract. 7 . ii. Notwithstanding the above, the CONTRACTOR is not relieved of liability to the GRANTEE for damages sustained by the GRANTEE by virtue of any breach ofthis contract by the CONTRACTOR, and the GRANTEE may withhold any payments to the CONTRACTOR for the purpose of set offuntil such time as the amount of damages due the GRANTEE from the CONTRACTOR is determined. 11. DOCUMENTS INCORPORATED BY REFERENCE The GRANTEE'S application to the DEPARTMENT for ICDBG funding, dated June 21, 2004, and all applicable federal and state statutes and regulations are incorporated into this contract by reference in attachment liB". 12. CIVIL RIGHTS ACT OF 1964 The CONTRACTOR will abide by the provisions of the Civil Rights Act of 1964 which states that under Title VI, no person may, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 13. SECTION 109 OF THE HOUSING AND C01fMUNITY DEVELOPMENT ACT OF 1974. The CONTRACTOR will comply with the following provision: No person in the United States may, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole, or in part, with the funds made available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 will also apply to any such program or activity. 14. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968. The CONTRACTOR will ensure that, to the greatest extent feasible, opportunities for training and employment arising in connection with this ICDBG-assisted project will be extended to lower income project area residents. Further, the contractor will, to the residents ofthe project area in the award of contracts and purchase of services and supplies. 15. MINORITY BUSINESS ENTERPRISE. Consistent with the provisions of Executive Order 11246 and OMB Circular A-t02, Attachment 0, the CONTRACTOR will take affirmative steps to assure that minority businesses are used when possible as sources of supplies, equipment, construction and services. Additionally, the CONTRACTOR must document all affirmative steps taken to solicit minority businesses and forward this documentation along with the names of the minority subcontractors and suppliers to the GRANTEE upon request. 8 16. NONDISCRIMINATION The CONTRACTOR will not discriminate against any employee or applicant for employment on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental handicap, or national origin. 17. O\VNERSHIP AND PUBLICA nON OF MATERIALS All reports, information, data, and other materials prepared by the CONTRACTOR pursuant to this Contract are to be the property ofthe GRANTEE and the DEPARTMENT which have the exclusive and unrestricted authority to release, publish or otheIWise use, in whole or part. All such materials developed under this contract shall not be subject to copyright or patent in the United States or in any other country without the prior written approval of the GRANTEE and the DEPARTMENT. 18. REPORTS AND INFORMATION The CONTRACTOR will maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this contract and such other records as may be deemed necessary by the GRANTEE to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the GRANTEE or its authorized representative, and will be retained for three years after the expiration of this contract. 19. ACCESS TO RECORDS. It is expressly understood that the CONTRACTOR's records relating to this contract will be available during normal business hours for inspection by the GRANTEE, the DEPARTMENT, the U.S. Department of Housing and Urban Development, the U.S. Comptroller General, Office of Inspector General, and, when required by law, representatives of the State ofIdaho. 20. CONSTRUCTION AND VENUE. This Contract will be construed under and governed by the laws of the State ofIdaho. In the event oflitigation concerning it, venue is the in Third Judicial District for the County of Canyon, State of Idaho. 9 c 21: INDEMNIFICATION. The CONTRACTOR waives any and all claims and recourse against the GRANTEE including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to the CONTRACTOR'S performance of this contract'except for liability arising out of concurrent or sole negligence of the GRANTEE or its officers, agents or employees. Further, the CONTRACTOR will indenmify, hold harmless, and defend the GRANTEE against any and all claims, demands, damages, costs, expenses or liability arising out ofthe CONTRACTOR'S performance of this contract except for liability arising out of the concurrent or sole negligence of the GRANTEE or its officers, agents or employees. 22. LEGAL FEES. In the event either party incurs legal expenses to enforce the terms and conditions of this contract, the prevailing party may be entitled to recover reasonable attorney's fees and other costs as set forth under Idaho Law. 23. SPECIAL WARRANTY. The CONTRACTOR warrants that nothing of monetary value has been given, promised or implied as remuneration or inducement to enter into this contract. The CONTRACTOR further declares that no improper personal, political or social activities have been used or attempted in an effort to influence the outcome of the competition, discussion, or negotiation leading to the award of this contract. Any such activity by the CONTRACTOR shall make this contract null and void. IN WITNESS WHEREOF, the parties hereto have executed this contract on the 1 ih day of June, 2004. IDA-ORE PLANNING & DEVELOPMENT ASSN. (dba Sage Community Resources) CITY OF MERIDIAN Date BY: /~ Kathleen Simko President Sage Community Resources (Phi lor Date Attest: ~~~ Attes . 10 ATTACHMENT A The GRANTEE shall pay CONTRACTOR for performance of the services described in Section 6 a sum not to exceed $22,000, as detailed in Section 6 and the following paragraph, unless such sum is subsequently changed by the agreement of both parties as described in Section 9. Both parties mutually agree that payment for all activities listed below will be contingent on the GRANTEE receiving federal funding. Pavment Requests: Upon CONTRACTOR'S written request, GRANTEE shall make progress payments to CONTRACTOR. Billings will occur based on work completed during the previous period and referenced by invoice and progress report: 1. Upon completion of Environmental Review Records, and the securing of "Notice of Removal of Grant Conditions and Release of Funds" from the DEPARTMENT. This includes aU preliminary activities involved in setting up a grant, including, but not limited to, start~up activities, project file organization, budgeting, etc. Work with GRANTEE to explain grant requirements/expectations, assistance with procurement of engineering services. CONlRACTOR shall receive $8,800.00 (or 40%). 2. Upon execution of construction contract and start up of construction for work including, but not limited to, work with Architect and/or Engineer on preparation of appropriate procurement documentation and progress reporting. If applicable, provide assistance with bid opening/award, execution of construction contract, and conduct pre-construction conference, the CONTRACTOR shall receive $2,200 (or 10%). 3. Through construction period for work including, but not limited to, work with contractors/subcontractors to monitor Davis-Bacon (if applicable), civil rights and aU other required compliance activities: Prepare invoices/monthly progress reports, conduct second public hearing, continue project management; attend meetings; maintain communication among all parties, i.e. GRANTEE, DEPARTMENT, architectural firm, engineer, contractors, and others as needed; and conduct project monitoring, as needed. Assist employer in setting up documentation of job creation and matching fund expenditures. CONTRACTOR shall receive monthly payments of $2,200 for a total not to exceed $8,800.00 (or 40%). The total amount paid in progress payments as listed above shan not exceed ninety (90) percent ofthe total compensation sum. Final Payment: GRANTEE shall pay the final $2,200.00 (or 10%) for the Contract sum, upon CON1RACTOR'S written requisition when all the above services are completed; DEPARTMENT has monitored the project files and cleared any and all monitoring findings~ CONTRACTOR has prepared and submitted the Final Report for the closeout of the grant. Penalty: CONTRACTOR shall lose $500.00 for each unreso1vable Finding of Non-Compliance or unresolvable Finding of Violation attributable to CONTRACTOR'S performance. Peiformance o(StafJ: CONTRACTOR will be responsible for the successful performance and completion of services by assigned staff as specified in the Scope of Work. CONTRACTOR will certify that staff work is complete and in compliance with all ICDBG program requirements prior to requesting payment for servIces. 11 ATTACHMENTB 1. Nondiscrimination Under Title VI of the Civil Rights Act of 1964 This Agreement is subject to the requirements of Title VI ofthe Civil Rights Act of 1964 (p.L. 88-352) and HOD regulations with respect thereto including the regulations under 24 CFR part 1. In the sale. lease or other transfer ofland acquired, cleared or improved with assistance provided under this Agreement, the Grantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color. religion, sex or national origin, in the sale. lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the Grantee is undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. This agreement is also subject to the requirements under the Fair Housing Act Amendments of 1988, which has been expanded to cover handicapped persons and families with children. 2. Title vrn This Agreement is subject to the requirements of Title vm of the Civil Rights Act of 1968 (p.L. 90-284), and HUD regulations with respect thereto, providing that it is the policy ofthe United States. within constitutional1imitations. to provide fair housing, and prohibiting any person, in the sale, rental, financing, or brokers of housing, from discriminating or in any way making unavailable or denying a dwelling to any person because of race, color. religion. sex or national origin. In the implementation of Title VID, HUD is guided by Executive Orders 11063 and 12259, and 24-CFR parts 100 through 115. particularly part 107. 3. Section 109 This Agreement is also subject to provisions of Section 109 ofthe Housing and Community Development Act of 1974) P.L. 93-383), as amended. Section 109 prohibits the use of criteria based on race. color, national origin or sex to exclude any person from participation in or benefiting from any program or activity funded in whole or part with community development funds made available pursuant to the Act. Section 109 further incorporates prohibitions against age discrimination contained in the Age Discrimination Act of 1975 (42 USC 6101 etseq) and against handicapped discrimination contained in Section 504 of the Rehabilitation Act of 1973 (29 USC 794), as amended. 12 4. . Labor Standards Except with respect to the rehabilitation of residential property designed for residential in excess of $2,000 for the construction, prosecution, completion or repair of any building or work fInanced in whole or in part with assistance provided under this Agreement, shall comply with the requirements ofthe Davis-Bacon Act, as amended (40 D.S.C. 276a-276a-5) and the Contract Work Hours and Safety Standard Act (40 D.S.C. 327 et seq.), as well as HOD requirements pertaining to such contracts and the applicable requirements of the regulations ofthe Department of Labor under 29 CFR Parts 3 and 5.5 governing the payment of wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve the Grantee of its obligations, if any to require payment of the higher rates. The Grantee shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of29 CFR 5.5. No award shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. 5. Environmental Standards This Agreement is subject to the policies contained in the National Environmental Policy Act of 1969 (42 D.S.C. 4321 et seq.), and related laws, as furthered by HUD regulations contained in 24 CFR Part 58. The Grantee hereby assumes responsibility for environmental review, decision-making, and other action under NEP A and related laws, in accordance with Part 58. 6. Section 3 This Agreement is subject to the employment and contracting requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 D.S.C. 170Iu). Section 3 requires that, to the greatest extend feasible, opportunities for training and employment be given to lower- income persons residing within the unit oflocal government or the metropolitan area or non- metropolitan county in which a covered project is located; and that contracts for work in connection with such projects be awarded, to the greatest extent feasible, to eligible business concerns which are located in, or owned in substantial part by, persons residing in the same metropolitan area or non-metropolitan county as the project. HUD regulations contained in 24 CFR Part 135 contain guidelines relating to Section 3 objectives. 13 7, Lead Based Paint Hazards The construction or rehabilitation of residential structures with assistance provided by this Agreement is subject to HUD Lead-Based Paint regulations, 24 CFR Part 35. Any grants or loans made by the Grantee for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead-based paint hazards under Subpart B of said regulations, and the Grantee shall be responsible for the inspections for the inspections and certifications required under section 35.14(f) thereof. 8. Conflict of Interest of Members. Officers. or Employees of Grantee. Members of Local Governing Body, or Other Public Officials: No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no public official of such locality or localities who exercised any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, n any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Grantee shall incorporate, or cause to be incorporated, in all such contracts a provision prohibiting such interest pursuant to the purposes ofthis section. 9. Prohibition Against Payments or Commissions The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HOD approval ofthe application for such assistance, or HUD approval of applications for additional assistance, or any other approval or concurrence ofHUD required under this Agreement, Title I ofthe Housing and Community Development Act of 1974 or BUD regulations with respect thereto; provided, however, that reasonable fees or bona fide teclmical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. 10. Conflict of Interest of Certain Federal Officials No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. 11. Historic Preservation Act of 1966 Historic Preservation Act of 1966, as amended (16 U.S.C. 470 et seq). 14 12: Additional Assurances The Grantee shall remain fully obligated under the provisions of the Agreement. notwithstanding its designation of any third party of parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement. The Grantee shall comply with all lawful requirements ofthe Grantor to insure this Agreement is carried out in accordance, and with the obligations and responsibilities of the Grantor to HUD. 13. Requirements of Units of General Local Government A. Certification Title I of the Housing and Community Development Act of 1974, as. amended through 1983, Section I06( d)(S) units of general local government must make certain certifications on behalf of the unit of government. The State may not distribute funds unless the unit of government has submitted certifications providing essentially that: 1. it will minimize displacement as a result of activities assisted with ICDBG funds; 2. it will conduct and administer its program in conformance with Title VI and Title VIII, and affirmatively furthering fair housing. 3. it will provide opportunities for citizen participation comparable to the State's requirements (those described in Section 104(a) of the Act, as amended); 4. it will not use assessments or fees to recover the capital costs ofICDBG-funded public improvements from low and moderate income owner occupants; and 5. it will abide by all State and Federal rules and regulations related to the implementation and management of Federal grants. 15 Meridian City Council June 15, 2004 Page 15 of 74 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If, as you indicate, there are grants available and we do have volunteers to assist in that preparation, I would suggest that we move on those as quickly as possible, so we don't lose the grant cycle. There needs to be some clarification on -- if there are costs associated with the grant in terms of preparation fees or filing fees or whatever kinds of fees there might be associated with, what part, jf any, or all, are the various parties going to participate in before we get into yet another issue. But I think if we have something on our plate now, it's to everyone's benefit that we pursue them. De Weerd: I have talked to Mr. Wardle about it, so he can follow up on that as well. Wardle: 1 will. B. Mayor's Office 1. Idaho Community Foundation Grant (MDC) De Weerd: Okay. Okay. lf there is nothing further, we will go to my short report and J promise it's short. Wendy Kirkpatrick in our planning and zoning department is wanting to pursue some downtown -- a new downtown look and she has talked with both the Meridian downtown corporation, as well as the parks department on some banners. The parks department did say that they have a list that's donated that hangs the holiday banners and that these can be taken down when the holiday banners go up and go back up when holiday banners go down. I guess the final question would be on when the banners start to show wear and tear and who would replace it, that could be worked and taken in front of the MDC. She has talked to the president. Regardless, I think when that time does come, we can take a look at what steps need to be done in partnership with the MDC. But this is just for the initial purchase of these banners and would like your approval to move ahead and pursue this. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Are those -- what are those banners, 185 or were they 85? I can't remember. De Weerd: Anna, do you know? Powell: She said they are about 190 dollars each. They would be similar to this one that I have got up here. You know, not the same picture, but they are similar size. the brackets are already in place for the holiday ones, so it fits in the same bracket. Bird: Another follow up. I believe she wanted ten; is that right? Meridian City Council June 15. 2004 Page 16 of 74 De Weerd: I don't think there was a number. Bird: Yes. At MDC she told us a number. Powell: Was she -- Bird: Wasn't it ten or -- Rountree: I don't remember what the number was. Powell: I'm not sure on the number. Ten does sound right, but I am not positive on that. She's largely been working directly with MDC, so I apologize. Bird: My opinion is I think we can -- I think we can probably sell some of these to people and ~- but I think we ought to move on it and I think they are a very nice, attractive, addition to downtown myself personally. De Weerd: Okay. Thank you, Mr. Bird. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Yeah. I think it's a great idea, but I do like Mr. Bird's suggestion that we look at some sponsorships with some local businesses and also maybe not necessarily an MOU with MDC today, but, you know, if the city is going to buy these initially to sort of kick off this program, I think, eventually, it needs to be the MDC's responsibility to do that. It's promoting the downtown area and the city and that's really their charge to do, but I recognize that may not be -- they may not be able to do that right now, but 1 think definitely trying to work through some sponsors and maybe, you know, I think there is more brackets. I was kind of hearing Mr. Berg say that there is more than ten brackets down the street. So, maybe what we would look at is possibly buying the initial ten, but looking through some sponsorships to get more to kind of fill up the downtown area, so at least, you know, kick it off to some degree, but that they really go, you now, actually out selling that idea in downtown and I think that would really be a real positive for the businesses in downtown. Powell: Madam Mayor, just a follow up on that. She has contacted the MDC, as Keith has mentioned. They just haven't had an opportunity to get back. We needed to bring it to you before, then, because it's an online application and it is due July 1 st, so we kind of needed -- apologize for not having all the 1's crossed and I's dotted at this point, but there was some -- a little bit of urgency in talking to you before the 1 s1. That was -- Rountree: Madam Mayor? Meridian City Council June 15, 2004 Page 17 of 74 De Weerd: Yes, Mr. Rountree. Rountree: Just a point of information. MDC does have on their agenda -- ongoing agenda an entrance signage grant project that would be a permanent replacement for this kind of an activity. So, I can't give you a time line on that, but it is something we are talking about and having said that, if we need a motion to approve the advancing of this grant, 1 so move. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve pursuing this application. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 7: (Items Moved from Consent Agenda) De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: FP 04~032 Request for Final Plat approval for 54 single family residential building lots and 7 common lots on 14.12 acres in a R-4 zone for Roseleaf Subdivision by Liberty Development - 3615 South Locust Grove Road: De Weerd: We will move to Item 8, FP 04-032. Start with staff comments. Powell: Madam Mayor, Members of the Council, this is a final plat for Roseleaf Subdivision. As a reminder, ies off of Locust Grove Road just south of Overland. Tuscany Village project, the triangular shaped project, is just north of this, if you recall that one. This is the approved preliminary plat. There is -- the final plat is in substantial compliance with the approved preliminary plat. Your staff report notes special consideration about the lack of a common open space in this location. They have revised the plat to include that and I believe you have got a full size plat on your chair today. So, that condition has been resolved, so it is in full compliance, basically, with the approved preliminary plat. That ends staff's comments. De Weerd: Okay. Council, do you have any questions for staff? Bird: Not at this time, Mayor. De Weerd: And is the applicant in agreement? Powell: Madam Mayor, I have not had a chance to talk to the applicant. He's catching my eye and he's nodded that he is in agreement with the conditions of approval. Meridian City Council June 8, 2004 Page 11 of 58 Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve the time extension for the Meridian Academy, CUP 03-002, to October 1 st, 2004. Rountree: Second. De Weerd: Is that October 2005? Bird: Yeah. 2005. I'm sorry. We are in 2004 now. De Weerd: Okay. lt's been moved and seconded to approve the extension to October 1 st, 2005. Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Public Hearing: Idaho Community Development Block Grant for Louisiana Pacific: Item 12. De Weerd: Item 12 is a Public Hearing for the Idaho Community Block Grants for Louisiana Pacific. We are in the Public Hearing portion of our agenda. For anyone wishing to provide testimony during this next phase of our agenda, Items 12 through 21, we do require by ordinance that those wishing to testify are sworn in. So, if you will all raise your right hand. Although staff doesn't have to. Sorry, we have to do that all the time. Bird: Yeah, they do. De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? If so, answer I will. (Affirmative answers.) De Weerd: Thank you. Okay. I guess Steve can't present this. I would ask Leslie Toombs from Sage to present this application. I did open the Public Hearing for Item 12. Toombs: Thank you, Mayor de Weerd, Members of the City Council. My name is Leslie Toombs with Sage Community Resources. I believe you have in your Council packets an outline of the -- this project. It's an application for Idaho Community Development Block Grant funding on behalf of public infrastructure improvements to allow for the Meridian City Council June 8, 2004 Page 12 of 58 expansion and creation of jobs for the Louisiana Pacific LP polymer plant in Meridian and also here this evening is Mr. Ken Robke, who is the plant manager of the Meridian facility. There is this information provided on the back table for those who are interested, but to go through the purpose of this Public Hearing is to allow the citizens of Meridian to have input on the development of Idaho Department of Commerce Community Development Block Grant application in accordance with the Meridian citizen participation plan. The community development block grant program was enacted by the Community Development Act of 1974, which authorized HUD to operate the program. This is a federal program that distributes funds to ldaho cities and counties directly through the Idaho Department of Commerce and Labor. Cities and counties are the only eligible applicants to this program. Grant dollars available to the state of Idaho this year are approximately five million dollars in public improvement grant funding for business assistance where a national objective to serve a low to moderate income population is met. This application meets the national CDBG program objective through the creation of a minimum of 39 new positions, of which not less than 51 percent will be held by individuals meeting LMI criteria. The grant application deadline is June 21st, 2004. The application handbook is available for review at city hall and also here this evening. The description of the project is the City of Meridian is proposing a project, which will provide public electrical power infrastructure improvements to assist the Louisiana Pacific Corporation's Meridian LP polymer plant in a planned 14.6 million dollar expansion. The expansion will create a minimum of 39 new manufacturing positions, of which a minimum of 51 percent will be held by individuals meeting LMl criteria. Subject to the available funding, the project will consist of the following: Construct a ten mega watt utility feeder line from the Idaho Power Meridian substation to the LP polymer plant located at 420 West Franklin Road, Meridian. Also provide upgrade improvements to the Meridian substation required for the provision of the proposed utility service expansion. The cost estimates for the project were provided by Idaho Power. These figures are estimates only and in discussions today it's within about 10,000 dollars of the costs that are listed here. There is funding for planning and administrative costs and, then, construction costs. The sources of the funding are currently estimated at 405,022 dollars. Private cash amount has been committed to the project by Louisiana Pacific. The grant application for the COSG funding would be for approximately 209,426 dollars, with private cash contribution of 125,596, for a total of approximately 405,022 dollars. The draft application document is available for review until Tuesday, June 15th, 2004, at 5:00 p.m. The draft application will be available at city hall during regular business hours of 9:00 a.m. to 5:00 p.m. Comments regarding the project should be made in writing for those who do not choose to speak verbally this evening for the next five days. Following satisfactory resolution of any comments or questions, the hearing will be closed. We ask that you send your comments directly to my attention; Leslie Toombs at Sage Community Resources and my address is listed on the information in the back. We also asked that the Council agree to sponsor this application, to authorize the Mayor, if you choose to, sign the application to submit to the Idaho Department of Commerce. De Weerd: Thank you, Leslie. Are there any questions by Council? Meridian City Council June 8, 2004 Page 13 of 58 Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Just a quick question about -- the grant requires to create not less than 51 percent of jobs held by individuals meeting the LMI criteria, not that the project lies in the LMI census track; right? Is that -- Toombs: This is correct. And it does not mean that it's a low paying position. It's a very good paying position with full benefits, but those individuals hired, minimum 51 percent will have to meet LMI criteria. Wardle: Thank you. De Weerd: Thank you. Is there anyone else who would like to provide testimony on this application? Nothing to add? Okay. We will be traveling to present this application as well in July. I believe it's on the 22nd ~- 21st or 22nd. It's a moving target, but -- and I will be there to present, in addition to Ms. Toombs and one of the LP representatives. Are there any further questions? Bird: I have none. De Weerd: This does need to be continued to June 15th for any further written comments. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue the Public Hearing for Idaho Community Development Block Grant for Louisiana Pacific until June 5th, 2004. De Weerd: June 15th? Bird: 15th. I'm sorry. J'm sorry. Rountree: Second. De Weerd: Okay. It's been moved and seconded to continue this Public Hearing on Item 12 to June 15th, 2004. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 13: Continued Public Hearing from May 25, 2004: AZ 03-038 Request for Annexation and Zoning of 21.38 acres from C-2 to C-G zones for Meridian City Council June 15, 2004 Page 21 of 74 Bird: Is that a motion? Nary: Yes. Bird: I will second it. De Weerd: Okay. It's been moved and seconded to designate July 13, 2004, as a Public Hearing for this piece of property. Is there any further discussion? Okay. Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Nichols: Madam Mayor, just to clarify, there will be a resolution on next week's agenda. In the materials we submitted, that one resolution that sets the hearing and so forth, if the clerk will provide that for next week, then, that can be done and a summary of Council action will be published and, then, the hearing will be held on the 13th of July. Item 10: Continued Public Hearing from June 8, 2004: Idaho Community Development Block Grant for Louisiana Pacific: De Weerd: Okay. Okay. Item 10 is regarding the Idaho Community Development Block Grant for Louisiana Pacific. It is a continued Public Hearing. Is there anyone in the audience who would like to testify on this item? Okay. We had continued this Public Hearing for any written comments and there were none received, so -- okay. Council, I would entertain a motion to close this Public Hearing. Bird: So moved. Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing on ltem 10. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Mr. Clerk, do you want to just let Council know what the next steps on this are in terms of -- we do need to pass a resolution, I believe, on this, but that it will be going in front of the Governor's Council in July -- on July 22nd. Berg: Madam Mayor, I think you have kind of spelled it out pretty good, but I will just follow up. They will complete the grant, because it's kind of pending right now and that's due June 21 st and it will go before the group in Rexburg, which you will be attending for the presentation in July. Meridian City Councll June 15, 2004 Page 22 of 74 De Weerd: Okay. And there is no further action needed at this point from Council for the application itself? Rountree: We just need to have a hearing. I thought we just had to have a hearing. Berg: I think previously you accepted to go ahead with this application and so we just have the process of the hearing and following through with the completion of the application. De Weerd: Okay. There was not a -- was there a motion to move forward with this application? Berg: No. Just to close the hearing. Yeah. Just to close the hearing. De Weerd: We did. Berg: That's all the mqtion was, so they can move. Just go ahead. De Weerd: Council, could I have a motion to move forward with this application? Rountree: So moved. Bird: Second. De Weerd: Okay. It's been moved and seconded to move forward with this application for the Idaho Community Development Block Grant for LP. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. We are in the Public Hearing process and we do ask that everyone that will want to speak on any of these items that are in front of us for Public Hearing, Items 11 through 18, if you would like to share testimony on any of these items, if you will, please, raise your right hand. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? If so, answer I do. (Affirmative answers.) ltem 11: Continued Public Hearing from June 8, 2004: RZ 04-006 Request for a Rezone of 16.1 acres from R-4 to R-8 zone for Sutherland Farm Subdivision NO.4 by Sutherland Farm, Inc. - East of South Eagle Road and north of East Victory Road: ltem 12: Continued Public Hearing from June 8, 2004: PP 04-009 Request for Preliminary Plat approval of 79 sjngle~family residential building lots & 8 common lots on 16.1 acres in proposed R-8 zone for Sutherland Farm