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HomeMy WebLinkAbout2004-05-11 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, May 11, 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: L Shaun Wardle )( Bill Nary ~ Charlie R;('ntree ::x:: Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda: /1f7-1'ol/'l... 3. Sewer Service Discussion by Ralph Perez of Briarwood Corporation: (* 15 minutes) t:its-CUJJ~d-1 dddhe[J 4.!~ 4. Discussion of Amendments to Standard Operation Policy and Procedure dealing with hours of work, overtime compensation, and holidays by Pauline Skeggs: (*10 minutes) d/JU<.5J.e"G 5. Discussion of Surolus Real Property Lot 63, Block 14 of Thousand Springs Subdivision NO.5 by Gary Smith: (*5 minutes) dt'7ct'w"r.e-d....- 6. Discussion of ESGR Statement of Support: (* 5 minutes) c'os~JJ-ut- lJ-niJ bduk /z? SIT^- S--/g~t)4- 7. Update on Area of Impact Action: (*5 minutes) ot/TtMJf'vL- 8. Discussion of Fuaitive Dust Issue: (*5 minutes) a/iOt-SJ"-e.d/ 9. Executive Session per Idaho State Code 67-2345(1)(f): h-4ve/udcl /v re-!U~ clc ~ * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Councll Agenda - May 11 , 2004 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 8884433 at least 48 hours prior to the public meeting. ) CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rountree Keith Bird " ~, " ~ V IDAHO IV .A iY oS-<S' . d' C'~ -?/ 'l?-12~ -! g.7' "fl/u TREASURE Y # SINCE I 1903 LEGAL DEPARTMENT (208) 466.9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579 . Fax 898-5501 PUBLIC WORKS (208) 898-5500 . Fax 887- j 297 BUILDING DEPARTMENT (208) 887-221] . Fax 887.]297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 MAYOR Tammy de Weerd ~p /CITYOF "-'" \..-/Yi erldiaN NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, May 11, 2004 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Sewer Service Discussion by Ralph Perez of BriafWood Corporation - Discussion of Amendments to Standard Operation Policy and Procedure dealing with hours of work, overtime compensation, and holidays - Discussion of Surplus Real Property Lot 63, Block 14 of Thousand Springs Subdivision No. 5 - Discussion of ESGR Statement of Support - Update on Area of Impact Action - Fugitive Dust Issue - Executive Session per Idaho State Code 67-2345(1)(f) The public is welcome to attend the meeting. DATED this th of May, 2004. 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642 · (208) 888-4433 City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813 June 3, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT June 8, 2004 ITEM NO. REQUEST Approve minutes of May ", 2004 Pre-Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the City of Meridian. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, May 11, 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: x X Shaun Wardle X Charlie Rountree X X Mayor Tammy de Weerd Bill Nary Keith Bird 2. Adoption of the Agenda: Approve 3. Sewer Service Discussion by Ralph Perez of Briarwood Corporation: Discussed I Address Again (* 15 minutes) 4. Discussion of Amendments to Standard Operation Policy and Procedure dealing with hours of work, overtime compensation, and holidays by Pauline Skeggs: Discussed (*10 minutes) 5. Discussion of Surplus Real Property Lot 63, Block 14 of Thousand Springs Subdivision No.5 by Gary Smith: Discussed (*5 minutes) 6. Discussion of ESGR Statement of Support: Discussed bring back to sign May 18, 2004 (* 5 minutes) 7. Update on Area of Impact Action: Discussed (*5 minutes) 8. Discussion of FUQitive Dust Issue: Discussed (*5 minutes) 9. Executive Session per Idaho State Code 67-2345(1)(f): Move I add to Regular CIC Meeting Meridian City Pre-Council Agenda - May 11, 2004 Page 1 of 2 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. * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre-Council Agenda - May 11 , 2004 Page 2 of 2 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 868-4433 at least 4S hours priorto the pubflc meeling. Meridian City Pre-Council Meetina Mav 11. 2004 The Meridian City Pre-Council meeting was called to order at 6:00 P.M. on Tuesday, May 11, 2004 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Bill Nary, Keith Bird, Shaun Wardle and Charlie Rountree. Staff Present: Gary Smith, Brad Watson, Bill Nichols, Anna Powell, Kenny Bowers, Doug Strong, Pauline Skeggs, Dean Willis and Will Berg. Item 1. Roll-call Attendance: x X Bill Nary Shaun Wardle X Keith Bird X Charlie Rountree Mayor Tammy de Weerd X Item 2. Adoption of the Agenda: Bird: Mr. President. Nary: I move that we adopt the agenda for the pre-council meeting as published. Rountree: Second. Nary: It's been moved and seconded to adopt the agenda as published. All those in favor say aye. ALL AYES. MOTION CARRIED. Item 3. Sewer Service Discussion by Ralph Perez of Briarwood Corporation: Nary: Mr. Perez. Perez: Good evening, Madame Mayor and Council I would like to thank you for allowing us the opportunity to come here this evening and beg you for some services we much need in an area that we don't currently have any. Madame Mayor, may I provide a map of the area that we are discussing to you and the Council? De Weerd: Yes. i. . . Meridian City Pre~Councu Meeting May 11, 2004 Page 2 of 23 Perez: May I also give one to your engineer so he is clear also on what we are discussing? The reason we are here is we - our development firm that has been attempting to develop some land on the north side of Chinden, which is outside of your area of impact as you all know and within Eagle City's area of impact. As you probably also know, the City of Eagle does not provide sewer service anywhere within their jurisdiction. There is a sewer district - Eagle Sewer District, which is not affiliated with the City, it's a private organization that provides sewer in the areas that they have lines and cans service. Unfortunately, they are primarily - well, not primarily they are exclusively down in the river bottom. They are not anywhere up on the bench area and all the development that has occurred in that area say from Eagle Road going west is larger lots - one acre lots and septic tanks, which has created some problems that we are finding now are affecting us in the way of high nitrate levels in the groundwater. Some environmental concerns, obviously that comes about by having a high density of septic tanks. In fact, as I understand it the DEQ and Department of Health had come up with new standards in the last year that require a minimum lot size of two acres to even have a septic or onsite sewer for a home, which kind of puts Eagle in a particularly interesting position where they have zoned things for one acre lots, but they don't have any services for one acre lots and you can't build on a one acre lot without sewer. Nonetheless, we are not doing one-acre lots in our development, but we do have a pretty low density for that area. It's 1.26 units per acre. There is not a whole lot of additional ground over there that is left undeveloped. Currently, the Linley Farm and the Linley's are here in the audience this evening and Mr. Linley and his family farmed this ground for 40 years and he would like to retire and we are trying to help him along the way, here, but not having much luck, so that's why he is here tonight to help support our efforts. They have got a 119 acres, which is a little under half of the undeveloped ground. The LDS Church also has a site there - a five acre site on Meridian Road, which is identified on the map, which they had went in for a building permit and were actually refused or not able to get a sequencing batch reactor system, which is a really high tech onsite sewer. They couldn't get it approved because of the high nitrates in that area. So, they are here and they have a representative, Mr. Wade. He is here tonight also to support our efforts, which they would like to participate with us and if we can get your approval to move forward so that we can resolve their need for sewer as well. Then there- Stage Realty has 80 acres and then on the corner of Linder and Chinden there is 38-acre parcel - two parcels that make up 38 acres that is undeveloped. So, about 242 acres of ground. It is scheduled for one unit per acre. We are doing a little bit of additional density, like I said 1.26, so if I used ours as a guideline, which has yet to be seen that we can get 1.26 there would be around 305 units added to your system. The conversations that we've had with your staff, with Gary Smith and Brad Watson basically as we understand that this area is not your general concern and not within your jurisdiction, we understand those things and so it's hard for us or for even your staff to determine whether or not you might have the additional capacity in your trunk lines - the north slew trunk line to be able to bring on these 305 homes and you wouldn't be in a position to Meridian City pre-Couni:::ti Meeting May 11, 2004 Page 3 of 23 authorize them to expend either resources and man hours and funds to make that determination because that's obviously not your area. So, we are here tonight to see if we can't offer a way to move forward that might help us without costing you and basically, we would be willing to form a coalition with these property owners and also, by the way, I might add that I am here also on behalf of the Eagle Sewer District. They have authorized me to basically spearhead the effort to form a joint agreement, be an agency-to-agency type of agreement whereby you would provide the sewer treatment for their system within these properties. So, again we are willing to expend the finances to have your engineers, I believe it is JUB Engineering that handles your (inaudible) to have them re-calculate the models and determine whether or not there is an excess of capacity that would allow you to service this area without causing any future problems for your growth in that area. Touching upon the agency-to-agency agreement, I think there is precedence set here. Garden City - they do no sewer treatment whatsoever. All of it is contracted with the City of Boise, but they do their own collection. They do their own billing and they just have this agreement with the City of Boise. The Eagle Sewer District, also has an agreement along the lines we are proposing to provide sewer treatment for it's area that they do service. Their treatment plant they had - you know they had problems with years ago and so they entered into an agreement with Boise - it's all pumped up to Boise and they haven't had any problems with that arrangement as far as Boise setting a precedence of providing sewer outside their area or anything like that that could cause a problem for you when you are dealing with other areas outside of your immediate boundaries. So, I am sure you are all asking what does this have to do with us? What's in it for us? Obviously, a question I would ask if I was sitting there. Why should we be listening to this guy? One is it's always good to be a good neighbor. You know, the Eagle Sewer District, you know, like I say they are not part of Eagle City and so the good neighbor thing is a (inaudible) one, but I just wanted to raise that. The other thing is that it is environmentally sound. It's environmentally the prudent thing to do. In fact, Senator Howell Bunderson, I know, that Mr. Smith and I don't know if Mr. Watson has been to any of the committee meetings, but he has formed a common sense environmental- or a environmental common sense committee to try and address this very issue on a state-wide basis and of course we don't want to wait around for that committee because the (inaudible) was really long and the interests were really divergent and I don't think they are ever going to resolve anything at that level. Maybe we can set an example and do it on a local basis. Another reason that - a couple of reasons that might benefit the City is if in fact you do have some additional capacity there again without compromising your own growth area, based on current hook-up fees 305 additional homes would generate a little over $480,000 of revenue to your Public Works Department to help with your facilities' costs and then ongoing sewer treatment billing. On average, I spoke to your Public Works Department this afternoon to get an idea. I know you base it on water consumption, but on average around a $20 a month bill would generate another $6,000 per month in income to the Public Works Department. So, that- it's not something that's going to cost you money. I think it's something that Meridian City Pre-Council Meeting May 11, 2004 Page 4 of 23 could help you pay for your facilities and to upgrade your facilities or whatever you need to do there. Then one other consideration is that you have got an area, as I understand it, on the south side of Chinden there and I am not exactly sure how far east it goes, but in our conversations I know it would include that Catholic Church that currently has it's own system that's at the corner of Meridian and Chinden Boulevard. There is an area from there clear down to Linder Road, I believe, that cannot gravity sewer into your existing north slew line that they are building currently and so there would either have to be lift stations created for those individual properties, or a separate line and I believe your staff has looked at or at least tentatively drawn a plan for a line that would come up Linder to Chinden and then go along the south side of Chinden to allow for a gravity (inaudible) situation for those properties within your jurisdiction. So, with this effort we may be able to expedite the construction of that line which would allow your - the property owner's in your jurisdiction a much quicker opportunity to develop without having to wait for individual developments to drag that all the way to them. So, those are my initial arguments. I would entertain any questions. Nary: Council, any questions? Bird: Mr. President. Nary: Mr. Bird. Bird: Are they on a septic system or are they sewered down over the hill by Boise? Perez: They are on septic system. Bird: They are on a septic system? Perez: They are as close, as I understand it, the closest Boise line is near Chinden on the south side says between Locust Grove and Eagle Road. I am not sure how far that comes, but it doesn't go down that far. And interesting enough, I had contacted Boise to see if they couldn't access that line since they already had this treatment agreement and they informed me that yeah, we have an agreement to treat their sewer, but we don't have an agreement to collect it, so you can't use our collection lines. You can get it to the plant, we will treat it for you, but you can't use that line. So, kind of interesting. Again, I think that is an example of how limiting these agreements can be structured to protect your concerns about this getting out of control. I know that your staff had kind of looked at that area and so you know, if we are going to go across Chinden then we might as well consider the whole area because we may end up having to sewer that eventually when septic tanks fail or whatnot occurs in the future. I think that the important thing to note here is that you as a City would not be providing sewer to this area. This area would still be provided sewer by Eagle Meridian City Pre-Council Meeting May 11 , 2004 Page 5 of 23 Sewer District. They would be in charge of collection, billing and the responsibility would still be theirs, so the limiting nature of the agreement we are proposing would only include the sewer capacity that is determined to be there currently and no future requirements or responsibilities would be - would fall on your city if their failures 10, 15 years down the road of septic tanks that would be a concern of Eagle City and Eagle Sewer District to find a way to do that. Now, they may come back and ask you, but you have the option to say, you know, we don't have that capacity and we don't want to go beyond the agreement that we were entertained earlier. I think that gives you a lot of protection as far as this not getting out of control or causing any problems like that. Nary: Mr. Watson, did you have any opportunity or did you want to have an opportunity tonight to kind of address this issue? Watson: President Nary, Madame Mayor, Council members I didn't have anything prepared. After I talked with you several weeks ago about this issue I took some direction from the consensus or the statements and just sort of dropped it. I talked with Mr. Perez the next day and told him based on the conversations or - that you had that I wasn't comfortable spending staff time pursuing it any farther and that maybe this was his best avenue that if you so directed that we could investigate it more or do whatever we needed to do. So, no I don't have anything tonight. Nary: Okay. Council do you have any other questions or direction to our Public Work's staff or want to mull it over and bring it back next week? Bird: Mr. President, J would prefer to bring it back next week. I would like to (inaudible) on it; phone calls or some of that stuff. Nary: Is there any direction to the staff at this juncture, Mr. Bird? Bird: Stay like it is. I don't see putting any money into it yet. I don't think our whole area of impact is sewered out yet is it? Inaudible speaker: No. Nary: Okay, well Mr. Perez, I think - is that the consensus of everyone? Rountree: I would agree with that, Mr. President. Nary: All right, Mr. President what we will do is we will schedule this again on our pre-council agenda. How are we looking? Put it out one week or two weeks would be better? Two weeks. Why don't we do that so we don't have to set it over again. We will set it for two weeks from tonight. We will set it just like this again for a few minutes for us to have a discussion and again at that juncture we will hopefully have maybe a better idea of what we would like to do or explore it ( ( Meridian City PreNCouncuMeeting May 11 , 2004 Page 6 of 23 further or whether or not we would like to not do that. I guess two weeks we will just reset it on this same agenda. The time may change, so you may want to - or Mr. Berg's office can get in touch with you to make sure that in case the time is earlier than 6:00. Perez: Okay. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I guess I would suggest Ralph that you come with a summary of what your proposal is in terms of - we know our staff time is really stretched and would you then be personally your group or partners be hiring JUB to do a study on how this could all be put together any detail that you can provide in covering costs and the terms of the agreement - kind of a little bit about what you covered tonight, but in the Reader's Digest form. Perez: Okay, Madame Mayor that's fine. That is what we are proposing that this would not be an expense to your City - that we proposed it (inaudible) the study to determine whether you have that capacity and I would be happy to provide that information. I will send a letter over for the Council and Mayor. If anybody has questions of me on the interim, my telephone number if you would want to make a note of it is 761-4342 and I would be happy to answer any questions at any time. Thank you for your time this evening. Nary: Thank you. Oh, Ms. Skeggs, there you are. Item 4. Discussion of Amendments to Standard Operation Policv and Procedure dealing with hours of work, overtime compensation, and holidays by Pauline Skeggs: Skeggs: I am just short. Mayor De Weerd, President Nary and Council members you should have received a copy of the hours of work, overtime and holiday policies that I revised to include the compressed work week and flexible work schedules. I have been working with the department directors on this policy for several months and it's now ready for implementation. A compressed workweek is a schedule that permits full-time employees to work an equivalent of full work in five or fewer days. An example would be an employee working a four, ten-hour day or a nine eighty-work week, where an employee works 80 hours over a nine-day period. A flexible work schedule would basically be the start and end time is different from the standard operating time and it allows employees to choose their work hours within a limited time period set by the City. In the policy we put seven to nine and stopping at four to six. The advantage of offering a compressed work week is that it reduces turn over, improves employee's job satisfaction facilitates the scheduling of appointments and f. Meridian City Pre-CounCil Meeting May 11, 2004 Page 7 of 23 improves employee's life satisfaction by increasing the time off that they have to spend on leisure activities. The advantage of offering a flex time allows employees to avoid the rush hour traffic, accommodates childcare arrangements, they are able to coordinate with their working spouse to tailor the flex time to get their children to daycare and it also suits the needs of the employee and the City. The advantage for both is that it improves the employee's morale can go up and customer service. It can reduce tardiness and absenteeism and it helps to aUract and retain talented workers. The disadvantage basically is when employees on different schedules or compressed workweeks there is problems with communications at times when meetings are being scheduled. If employees work different schedules then department directors may have to reschedule where all employees are there at the same time. Six departments right now have taken a survey and decided that their employees want to either use the compressed workweek or flexible time schedule. They are Planning & Zoning, Accounting, Utility Billing, Wastewater, Water and Public Works. Planning & Zoning has four employees that want to utilize the compressed workweek. Two of the employees would be off on Fridays and two on Mondays. The employees who are working will cover for the employees that are off. Accounting - all employees have been cross-trained and will cover for one another, but right now they don't have anybody that has been identified to participate. Utility Billing has two employees that want to use the compressed workweek and they will cover for one another. Wastewater also has two employees in the pre-treatment facility; one would take every other Friday and one would take Monday off and those employees will cover for each other. The Water Department at this time only wants to utilize the flex time schedule, but at a later date may consider a compressed work week for five employees and they have coverage for all positions Monday through Friday from eight to five. Public Works has two clerical support staff that want to work the flextime and three potential employees in engineering are considering the compressed workweek. All those positions also have coverage Monday through Friday from eight to five. To implement the changes of compressed work week and the change to hours work. We changed three policies. The hours of work, overtime and holiday policies. The hours of work, I basically added sections - a new section - compressed work week and flex time Section II and then in the overtime policy we added Section V under hours worked and work period defined. We had to add - I added a Section B and C that defines the designated work period and the holiday policy was changed to add the compressed work week and nine hours and then as part of the holiday policy, management had also request that those employees who are required to work a work shift be compensated at the hours and not just the eight hours of holiday. Right now that would only impact two departments. We have Police and Wastewater that are required to work ten-hour shifts. For those employees who voluntarily want to participate in the compressed work week, they would only be paid eight hours of holiday unless City Council wants to consider paying all employees working a shift - you know the hours that they worked their regular work shift. Then as part of the packet, you also got an incentive listing from each department what they wanted Council to consider for Meridian City Pre-Council Meeting May 11, 2004 Page 8 of 23 next year's budget and we basically looked at $50 per employee and that pool of money will give department director's the money to use in their departments and then the breakdown of that was kind of listed. I got a list of all departments that are in there except for, I think, there is only one department missing and that was City Clerks. Are there any questions? Nary: Council, are there any questions? Rountree: Mr, President. Nary: Mr. Rountree. Rountree: I am not finishing perusing this, but from what I see this is at the discretion of the employee. Skeggs: Right. This is correct. Rountree: I find that hard to comprehend that this isn't at the discretion of the supervisor. Skeggs: Well, the supervisor would have to approve it. Rountree: Okay. Skeggs: But, it would be available to all regular, fullRtime employees and right now the listing that I had given you were those only employees that once they took a survey in the departments and only six departments right now, the employees wanted to utilize it. The Police already use the ten hour work shift, but they didn't want to expand it out to their clerical support and then we had other departments as well that aren't going to utilize the compressed work week whether it's because they couldn't compensate like City Clerk's because he needs all his employees there working. They don't have - they are short staffed so they don't have coverage for an employee to be gone. But, the departments that are requesting were the six that I had listed. Those are the only ones right now, Rountree: Mr. President. Nary: Mr. Rountree. Rountree: Another question. Is this applicable to department heads as well as other critical section supervisors and those types of reports? Skeggs: That's correct, but right now we don't have any of those individuals that would be participating and basically to go to a compressed workweek or flex hours, the approvals is based on the staffing needs and the employee's job Meridian City Pre~CounclI Meeting May 11, 2004 Page 9 of 23 duties and work record. Also, if they find that employees on a compressed workweek that they need them to work overtime then they would be subject to that as well. Also, they may have to change them back if they go to compressed work week and it doesn't work out for that individual, then at the supervisor's discretion they have the right to change the employee back to a regular eight to five work shift Monday through Friday. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I guess I did want to clarify the documents that you have in front of you. You have received before; you just didn't know what was changed. The changes weren't noted. Rountree: The blue is different. De Weerd: The blue shows the changes. Rountree: Okay. Nary: I have a couple of questions, too. I have a concern because I think there is a mixed message here. I think a compressed workweek or a flex schedule is always the management's right, not the employee's right, the management's right and although it does say here that supervisors have to approve it, it seems to be unclear when you tell the employees on one hand that every employee has the option, but we have to approve it. I think it needs to be clearer that it is - that employees can request a compressed work week or a flex schedule, but it is management's right and it is a privilege to have and I don't see language like that. On the 3.2 policy in the blue section of the policy portion the first sentence says a compressed work week or flex time schedule's may be available to non- represented, regular full time employees, but in the other part of the policy it talks about employees not covered by collective bargaining agreement. I am assuming that's what you mean. Skeggs: Right. Nary: But you should use the same term throughout the policy so they are not inconsistent. You have employees that are represented - that's not what you mean, you mean employees that are covered by a collective bargaining agreement, so I think you should make the (inaudible) consistent. Nine-eighty work weeks is not in in Section 2 of 3.2 a nine eighty work week is not employees working nine hours for nine days, it's employees working nine hours for eight days and one day of eight hours. Because nine hours for nine days is eighty-one hours, so jf - since you are trying to be specific, you probably need to clarify that's what that means. In Subsection E of that same Section 2, it says that the Meridian City Pre-Council Meeting May 11, 2004 Page 10 of 23 City reserves the right to suspend, cancel or amend this policy at any time. You know, to me, that's really the whole basis of this as again it's a privilege to have this, but it says the City also reserves the right to cancel or suspend use of this schedule by any employee who experiences performance problems deemed to be related to the new schedule. I don't think it has to be related to the new schedule. It's a privilege and whether or not the employee has an issue with the work schedule; if your employee has performance problems it's not necessarily the best thing to necessarily say you have to only tie it to that. Again, I didn't have a lot of time to read it since I just got this as we got here, but the other one I have a question about is in 3.6 under compensatory time, sub 4 it says compensatory time is in lieu of monetary overtime compensation, which is given at a rate of not less than one half and one half one and one half hours for each hour of overtime worked. I am assuming this is existing language because it's not in blue, but it says the City does not recognize nor allow compensatory time in lieu of overtime payment. Those are two sentences that seem contradictory to me. Why wouldn't we allow comp time in lieu of overtime payment? That's not a downside to the City that I can think of. The other last one in 4.1 and maybe this is just my philosophical thing, but in Sub 3 it says for employees who voluntarily request to work a compressed workweek schedule, a maximum of 80 hours of holiday pay is provided. It doesn't matter whether - to me, it doesn't matter if an employee requests a workweek schedule change, once we allow it, we allow it. It's always our choice. So, it's not that the employee voluntarily wanted to go to something because most people may want to go to a schedule. We allow it because it fits the needs of the business, therefore, it's not the employee's voluntary-ness that we are doing. We are saying, they've asked and we've allowed it now, therefore, that employee has a compressed workweek and that's our convenience. That's our management choice to allow it so it seems it doesn't make sense to me essentially to penalize the employee for asking to change their work schedule and we grant it. So, those are the few things that I picked up in just sitting up here and reading it that I guess I'd like you to look at again and before we just bring these forward and there may be more, I just didn't have time to look at them. But, if you want to respond to any of those, Ms. Skeggs, that would be fine. Skeggs: Thank you, President Nary. Yes, on the compensation on the work shift we do have another policy that I put in place that says that they will be compensated for all shifts, however, in talking to the department directors, they wanted to say if the employees volunteered to do this then they wanted to pay them eight hours holiday, so I changed that. But, I do have another policy wording it just covers that everybody works a work shift would be paid that shift. So, I can get you that. I already have that done. As far as compensatory time that was eliminated. Several years ago the City used to offer compensatory time in lieu of overtime and City Council eliminated that because it wasn't being - the director's basically were allowing employees to work through their lunch to get compensatory time, so they went with the overtime policy if they worked over 40 Meridian City PrewCounclI Meeting May 11. 2004 Page 11 of 23 hours in a work week, then it's paid at time and a half and we eliminated the compensatory time at that time. That's why that wording is in the policy. Nary: Well that was dumb. I mean it doesn't cost anything to - it sounds to me like you had a management issue instead of dealing with the management issue they just made it into a pay issue. That doesn't benefit anybody. Skeggs: There has been discussion from department directors that they would like to look at the compensatory time and bringing that back. So, that's something that we could discuss further and then I could change the policy, but I know that some of the directors have or are in favor of bringing back that compensatory time. Nary: And the issue on whether or not it's a privilege or did you want to think about that? Skeggs: Right. I'll go back and took at the policy and we can discuss it with the directors for the- Nary: Okay. Again, there may be more, again, Council hasn't had a lot of time to look at it so there might be some more things. Council do you want to have this on our agenda again or do you just want to respond to Ms. Skeggs? Do you have a preference? Bird: Mr. President. Nary: Mr. Bird. Bird: I think we can respond to Ms. Skeggs, but I also think we need to have it back on the agenda and go through it. This isn't something that we want to just blow through. This is something you have got to really sit down and think and read letter for letter and make sure all the "t's" are crossed and the "I's" are dotted. Nary: All right. Well, we will look at the pre-council we have in the next few weeks and try to have it on in the next two to three weeks, depending on what our schedule's look like. We are getting a little thick, so. Does that work okay, Ms. Skeggs that we have the Council members just directly contact you with their thoughts - ? Skeggs: That's fine. Nary: -- and we will try to put this on in two, three or four weeks. Skeggs: That's fine, Councilman Nary. Meridian City Pre~Councll Meeting May 11, 2004 Page 12 of 23 (Inaudible discussion) Nary: Our next item is surplus, real property. Mr. Smith. Item 5. Discussion of Surplus Real Property Lot 63, Block 14 of Thousand Springs Subdivision No.5 by Gary Smith: Smith: Thank you, Mr. President, Madame Mayor, Council members. We have got a piece of property out here in the Thousand Springs Subdivision. I will hand out a little color drawing of it. (Inaudible discussion). Smith: This property was deeded to the City by the developer at Thousand Springs No.5 Subdivision. It was originally designated as a site for a pressure booster station for our water system and since we have got into the - farther into the water system business and our pressure zones in that area we have made the decision that we no longer need that piece of property for that use and because it is a maintenance issue in keeping the weeds down, we have no use for it and we have asked Mayor De Weerd to approve of surplusing it and in accordance with instructions from our City attorney and we need to get your concurrence and we need to establish a value for it and it needs to go to an auction and I assume that you have my memo of April 30th? The parcel is .18 acres in size. I have a parcel number it is - address is East Three Bars Drive - the assessor has no value assigned to it because it is a City property. So, unless you have some value that you would like to assign to it so that we can proceed with the auction assuming that you want to move forward with it, I guess the next step would be to get an appraisal of it. Is that correct, Mr. Nichols? Nichols: Mr. President. Nary: Mr. Nichols. Nichols: Madame Mayor and members of the Council the statute requires that the Council declare a minimum value for the parcel. So, it's whatever information you need in order to do that. If you want to have an appraisal done in order to establish the minimum value, then that's one way to go about it. It's - you have the auction and then it's basically the minimum value sets the opening bid and if anyone bids that amount or more then it's sold and if it's - if there are no bids at the minimum value then you are free to sell it at a negotiated price. Smith: Mr. President. Nary: Mr. Smith. Meridian City Pre-Councul\l1eeting May 11 t 2004 Page 13 of 23 Smith: Mayor and Council the gentleman that owns the property adjacent to this parcel is interested in it and he has made contact with Mr. Freckleton several times to see how this process was evolving. Rountree: Mr. President. Nary: Mr. Rountree. Rountree: How interested is he? Smith: That's a good question, Councilman and I asked Bruce today and he said he didn't know. Rountree: Mr. President. Nary: Mr. Rountree. Rountree: Another point. That's kind of a tricky location in terms of what use might come with that lot if it goes to auction and I would think that we might want to put some kind of - even though an ordinance would cover fencing if somebody were to put a fence even 10 feet from the back of sidewalk on that lot you are going to decrease the site distance around that corner. So, we might want to deed restrict that in some or another as well when we get rid of it. Smith: Yes, that is a good suggestion. Rountree: As far as the value, I suppose we could send out for some kind of (inaudible) value. It's not a build-able lot in that subdivision, but it would be a build-able lot in the possibly an R-8 subdivision. Maybe that's the way to come up with just a thumbnail minimum value as opposed to spending $400 plus for an appraisal. Bird: I would think that the developer could give us some kind of pretty good idea of what that ground per square foot. I am like Councilman Rountree, three hundred percent and that we do need a deed restriction regarding fencing on that, I believe, for safety purposes, with our fence committee that (inaudible---). I would think that the developer or somebody could come up with a pretty good price on what that's worth a square foot, myself, I would think so. At least a minimum, we could start with. Nary: I am going to assume Mr. Smith, too, that the developer would have some idea of what the value of it was when he gave it to us because I am going to assume he wrote it off, so. Smith: Yes, that's correct. Meridian City Pre-Councu Meeting May 11, 2004 Page 14 of 23 Nary: Using that figure is probably just as valid as anything else unless you think there is something better. De Weerd: Mr. President Nary: Madame Mayor. De Weerd: I guess, if it's a write off it might have more value than it really is worth, so - Nary: People don't do that De Weerd: It's not build-able. It would be limited with deed restrictions on where you could put the fence, so it really doesn't have a lot of value, but it has a lot of liability at this point for the City with maintaining it and with what could happen on it. So, I guess we do want to make sure that it's reasonable in price. Nary: I guess my point, I think what Mr. Bird was saying too and maybe that was just the starting point. That may not be an appropriate value, but we don't even know what that is. So, before we go get it appraised and spend that money I guess we could do some of that. Smith: Okay, I will do a little research on it Nary: Yeah, see if there is some way that we think that's a fair amount Smith: Okay. Nary: Because I agree, it's probably not much - how big is it again? Smith: .18 acres. Nary: So, yeah, it's probably not usable for too many things anyway. Smith: I will do some research on it then and would you like me to bring it back to the next pre-council meeting or just - do you have to make a formal -? Nary: Maybe what you should do, if the rest of the Council is okay with it, maybe what you could do Mr. Smith is if you could get that and we could simply put it on a department report, let us know what that is and we can certainly take action if all we are doing is authorizing to go ahead and do all the noticing and the like for that. Maybe we could do it like that. Would that work Mr. Nichols, to do it that way? Nichols: Yes, because what you have to do is declare that minimum value. ( Meridian City Pre-Council l\IIeeting May 11, 2004 Page 15 of 23 Nary: Okay. ( Nichols: Once that is done then we can start the process. Nary: And that is your call whenever you want to put that on in the next few weeks. Smith: Okay, great. Nary: Great, thank you. Smith: Thank you very much. Item 6. Discussion of ESGR Statement of Support: De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I did want to introduce this item as we see our reserves preparing to enter to the war efforts, I thought it was important to reinstate our support of our National Guard and reserves and contacted Charlie Brown and Max Bearden to discuss this. You have in your packet the information that they gave us as far as the statement of support. Now, I did have our, I believe, that they did speak to our HR director and I believe that we did fall under the three stars as - even though we do not have the enhanced payor the continuation of company benefits. Under special recognition we are doing something in conjunction, as well with the Speedway this weekend. We can have special recognition for our reserves, soldiers and their families. Right now, we only have one reserve member on our City staff and so it would certainly be looking forward to when we might have additional members as well, but with that I will open it up to - are you Mr. Brown? Brown: Yes, I am. De Weerd: Okay. Nice to have you here. Brown: The Mayor called and asked that we provide her with the opportunity to sign a statement of support for the City. You mayor may not know, we have about 152,000 troops that are guard and reserve that are currently involved with the Iraqi situation either coming or going. Like she says, you may only have one. We accept statements of support from people who do not have any people who are in the military and their particular entity. The ESGR - Employer Support for Guard and Reserve is an arm of the Department of Defense. We serve as an intermediary with regard to the uniform services, employment and re-employment rights act, which as you know when you have people like we do in guard and ( Meridian City Pre-CounCn Meeting May 11, 2004 Page 16 of 23 reserve and they have military duty they are called and on orders, those types of things it affects businesses, it affects particularly those people who own and run their own individual and private businesses. We try to serve, if there are employees or employers that are having a problem with an employee to take care of any issue that might be between the employer, employee if they are having a problem leaving or particularly on return for re-employment. You may or may not know that you (inaudible) protects the individual who is in the military service and he has the rights of the same as if he were here for those activities that he would be entitled to if he was here. With that I would just like to have Max speak to what we caJl the Three Star Program and let him explain a little more in detail that part of it. Thank you. Nary: Thank you. Bearden: Mayor De Weerd, Councilman Rountree, Councilman Bird, Councilman Nary, Councilman Wardle thank you very much for having us as Charlie has indicated we are in a fix and a pickle in our country. Approximately 40 percent of the forces that are in Iraq right now are National Guard or Reservists. What we are trying to do in Idaho and we have been at the forefront of it is to rather than have businesses face problems not being aware of the (inaudible) law and their obligations under the Re-employment Act is to get out and be proactive so that the management and businesses know what their employee's rights are and at the same token if- (Turn over tape) Bearden: -- should have questions regarding their rights or I think the employee is abusing those rights, we go in and mediate rather than having it go to the Department of Labor and one thing or another and that way it keeps everything down on a low-key basis. ESGR is an arm of the Department of Defense under the Secretary of Defense for reserve's affairs. We are a volunteer group of businessmen and former military and housewives also and any other thing along those lines. There is approximately here in the state of Idaho, we have 125 members that are doing basically what Charlie and I are doing within their individual communities. Our State Chairman is Kip Modridge. He developed a program called the Three Star Program. In addition to signing the statement of support, which you have there, we have developed this Three Star Program and we would ask that each individual employer display this prominently in their business letting the public know that they are in support of their members to our guards and reservists. Not only would we encourage you to put up in City Hall here, but in the various departments, which you have throughout the Police Department, Fire Department or wherever and we would also like, if possible, sign the statement of port. If you could sign the statement and put it with each department head also, so that we can get the word out of what we do. And the appreciation we hold for our young men and women, who are making a sacrifice Meridian City Pre-Council Meeting May 11, 2004 Page 17 of 23 for us and it is a big sacrifice. Basically, that's it. If there is any questions I would be more than happy to answer them. Nary: Council, any questions? Bird: I have none. De Weerd: I don't have any questions. I would like to sign it. Nary: Council, do you have any direction or anything - concerns. I don't know that you need a resolution to sign that, unless Mr. Nichols thinks we need that. don't see why we would, but- Bird: Mr. President. Nary: Mr. Bird. Bird: I think we need to sign it. I don't care if we have (inaudible)- Wardle: Mr. President. Nary: Mr. Wardle. Wardle: I would also like to voice my support for entering into the Three Star Program; I feel it's important for the City to recognize not only our employees, but all of the employees that are protecting our country. Bearden: It does mean a lot to them. It really does, you know? To have a young person (inaudible) Guard or Reserve (inaudible). Be told that when they get their orders if they come back they don't have a job; it's just devastating to them. Believe me, it happens on a not too infrequent basis and Charlie's been all over the state trying to resolve those issues and letting the people know just exactly what their obligations are. I also have some fact sheets I would like to pass out to each one of you if I may, just to let you know what is involved in the law. Nary: I guess from what I am hearing, I will take Mr. Wardle's lead and I am assuming we can consider that to be a request for unanimous consent. That way we could go ahead and have the Mayor sign the proclamation and the like. De Weerd: Mr. President. Nary: Madame Mayor. Meridian City Pre-Council Meeting May 11, 2004 Page 18 of 23 De Weerd: I guess what I would like to do is invite these two gentlemen back next week and also ask our reservists if he would join us for that signature ceremony. Bearden: And would it be all right if we brought our public affairs person by to take some pictures also? Bird: You bet. Nary: Absolutely. Bearden: Which time would you like us to be here? Nary: Right now, we would be starting our meeting at 6:00 or do it with the regular meeting, Mayor? De Weerd: I would like to do it in the regular meeting where there is a few more people here. Bearden: Super. Nary: So, it will be approximately 7:00, so it will be some time a little after that and we will try to do it somewhat early on in the meeting. Bearden: Mayor and Councilmen, thank you so much for the opportunity to speak with you. Nary: Thank you. Bearden: You were saying next week --- Nary: Next Tuesday night. Bearden: At 7:00? Nary: Yes. De Weerd: If that works for you. Bearden: Yes, it does. Nary: Council we are running close to 7:00 and we have got two - well, three more items. The Area of Impact Action. I don't know who's the person to discuss that. Meridian City Pre-Council Meeting May 11, 2004 Page 19 of 23 Item 7. Update on Area of Impact Action: De Weerd: I guess we - I haven't been able to - I did attend a requested meeting last night from the County in Star when they had Star and Eagle there to resolve some of their issues. I have not been able to get a hold of either of the two county members that were there. Jerry Armstrong, who is the planning director or Richard Cook. Anna, were you able to get a hold of them? Powell: No, ma'am. Nary: Did you think I forgot you? Powell: No, I was laughing because she was looking at me and I wasn't (inaudible----) so I was a little worried. De Weerd: -- (inaudible) on my perspective. Nary: My recollection was is when we had this previous discussion that there was some comment period and so we were trying at least to have some comment and I think we had some of that discussion previous to tonight about what our comment was to this point, but I didn't know if there was something else. Any - do you -? De Weerd: If Anna hasn't been able to talk with their staff, I can give you my perceptions. So, it looks like Anna wasn't successful either. I did attend and I did leave early. I left probably about 7:15. There didn't seem to have been much progress made and so I don't know if anything happened afterwards. The points J raised were those that we have discussed at Council; that to give it due diligence to the property owners, that the property owners in choosing if they were to choose what area of impact they would desire to be in. That's kind of where it was when I left is there would be - since they couldn't decide among themselves - it would be to the vote of the property owners. I suggested that the property owners be given information to make that determination as far as how much it would cost to serve their piece of property. You know if they decide they wanted to go to one city and it was four times the cost to be serviced by that community, I think they need to have that information prior to. I did also talk about the different taxing entities that do bring services to those and how they depend on those being kept within their taxing districts and the challenge that Eagle does provide in kind of chipping away at our Rural Fire District and thusly, their partnership with us. It also - our Fire District goes to the Boise River. Our Meridian Library District goes to the bluff and those are two districts that do have concerns about what would happen if this area was put into a specific city area of impact. So, they did hear those comments and concerns. There was also discussion on connectivity; making sure that where those pieces of property are placed feel connected with the community that they are being added into. Now, I Meridian City Pre-Council Meeting May 11,2004 Page 20 of 23 have heard from some of the bench residents that they feel more connected to Meridian even though they are in the City of Eagle. So, those are just pieces of concern that I shared that I would like to see answers to. Indeed, they are going forward with the public hearing, I believe it's Thursday evening. We may want to have a representative there just to restate our concerns, if Anna, you find that is necessary that we are present. So, if you would talk to their planning staff to see if we have to attend that meeting as well. It was a battle of the attorneys and I am sorry that I didn't bring mine. But, I didn't know I needed to. Nary: Gotta love that. Anything else, Council on that or questions for the Mayor? Rountree: Thanks for the update. Item 8. Discussion of Fuaitive Dust Issue: De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: This had been in an email that has been going back and forth between our staffs, code enforcement, DEQ, my office and then I sent it out to you and got feedback that we should have it on the agenda here tonight. DEQ currently doesn't have any plans to work with COMPASS originally to address this issue. It is a significant problem, in particular with Meridian and all it's construction that's going on. It does continue to be a source of phone calls and without very much remedy that we can offer to the residents. They have suggested that we might look at conditions within our agreements or findings of facts to control our dust and so I just wanted to open up for your comments and see what your thoughts are. Bird: Mr. President. Nary: Mr. Bird. Bird: You can probably (inaudible--) I need to ask a question. Does Boise have the dust abatement ordinance in? Nary: Yes. Bird: And it's been pretty successful, hasn't it, Councilman? Nary: I know we have it - I guess I don't know - I think they have, I mean there is a full time staff person that that's all he does is address those issues with that. There is a lot of staff time that's taken up in working with that. I think it's probably like most programs, like code enforcement ~ any of the code enforcement type of program that a lot of it is the education early and getting that compliance in Meridian City Pre-Council Meeting May 11, 2004 Page 21 of 23 working with the building contractors and the like. But, I think it has worked pretty effectively. Bird: To follow up on that I believe that we need to look at the ordinance. I believe that we need something in Meridian, but I think it's something that we need to make sure that the contractors are comfortable with. We don't want to over step our bounds, but if Boise is having - I know Boise had something like that and it is a real problem if you are a house next to a new subdivision going in, it is a major problem and it's something that maybe we can look at and see if we can't take care of it. Wardle: Mr. President. Nary: Mr. Wardle. Wardle: I would also agree with Councilman Bird that we need some input from our building community and from those individuals. In my time on the COMPASS Advisory Committee I have seen some fairly egregious programs for fugitive dust, some that I think step far over the top of what the intent is and so, I think we have got some good knowledge out there that we can lean on to help us craft something that will be good for the community as well as good for our business community. Nary: Ms. Powell, do you have any particular thoughts or how we can kind of get our arms around this particular issue and go forward? Powell: Well, I guess the issue before was there wasn't a county-wide (inaudible) and as June Ramsdale said in her email it's - there was a lot of opposition from the Building Contractors Association and the Board of Realtors. At that point, COMPASS kind of just threw up their arms in the air figuratively and they were looking for us to still take ours forward, but were unwilling to even offer us support for ours as I recall. They wouldn't even go that far to support the recommendations that we had. I do think that the Boise City spends quite a bit of time and money enforcing theirs and it's more at the building department level, it's when you pull the construction permits and, you know, prepping the entrances before you even get there and sending someone out to enforce it on a regular basis. Given that we have limited building department staff that would be an issue there too because that is where the implementation of it would really be is through those building - the building inspectors as their own site and things like that. I hadn't thought about it much because the last time the issue came up it was just kind of dead in the water, so I hadn't put a lot of thought into it in all honesty at this point. It would be nice to have some support from COMPASS. I mean, I guess that really surprised me that they weren't even willing to say that they supported what the City was trying to last time. De Weerd: Mr. President. Meridian City Pre-Council Meeting May 11, 2004 Page 22 of 23 Nary: Madame Mayor. De Weerd: I guess I would suggest it is - Boise is under the building department and in her recommendation that many growing communities around the nation have included language in the building permit applications have required sites to be wet down on a regular basis to minimize the dust and that this requirement can be added locally to control the impact that this has, that perhaps we can ask Gary to come back with - after contacting the building department in Boise, finding out what works, what doesn't work, you know, they have had a great testing site for that and if he feels that he has adequate staff in the building department at this point to even add such a condition or not. Nary: Will that work, Mr. Smith? Smith: (inaudible answer). Bird: Mr. President. Nary: Mr. Bird. Bird: I got a comment. I don't think the building permits - I think it's nice to have it at that level, but your biggest dust and stuff is when the developer goes in and starts cutting the roads and the water and the sewer and all that is where you get the most dust. So, we have got to figure out - I think the building permits is a nice place to have it on there too, but I guess in the development or findings would have to be - it would probably be best to be in the findings at that point. We need to look into it and see if it's legal. Nary: Sure. So, it sounds like someone has got to come and tell us something about this in a week or two. (Inaudible---). Nary: Does that sound like an okay timetable? De Weerd: It could be a team effort. Powell: Mr. President, Madame Mayor, members of the Council I was looking up the Ada County agenda for Thursday and both the Star area of city impact amendment are on the agenda as well as the Boise City minor adjustments - the one to the south that we had talked about with the Rural Fire Commission. So, they are both on Thursday night, so the Fire Department and I will try and attend. Nary: Thank you. Mr. Wardle. (. Meridian City Pre-Council Meeting May 11, 2004 Page 23 of 23 Wardle: Mr. President just to clarify real quick is what I heard is Mr. Smith is going to look at how Boise's is operating and to bring that back as, in my opinion, as a first step before we go out and ask our building community what they think. Is that everyone's --? De Weerd: Yep. Bird: That's my opinion. Nary: Item 9 is an Executive Session and Council since we are at a late hour for the Pre-Council and we could start the meeting and we could move that to the regular agenda rather than going into Executive Session now. Bird: I move that we move it to Item No. 15 when we do the agenda. Wardle: Second. Bird: With that, Mr. President, I move that we adjourn the Pre-Council meeting. Rountree: Second. Nary: It's been moved and seconded to adjourn the Pre-Council meeting. All those in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 7:10 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: 6,&,04- DATE APPROVED ATTESTED:J~~ WILLIAM G. BERG, J - ... RECEIVED MAY 1 1 2004 City Of Meridia..'1 CITY OF MERIDIAN City Clerk Office STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.2 SUBJECT: HOURS OF WORK PURPOSE: To outline the City)s policy regarding hours of work, compressed workweek, flextime, meal periods, and reporting procedures for time worked. POLICY: Every employee shall have designated work hours. Regular business hours are normally 8:00 A.M. to 5:00 P.M. Monday through Friday. However, some departments within the City have different work periods and work hours. It is the City's policy to establish time and duration of working hours as required by workload, operational demands, customer service needs, staffing requirements and any applicable law(s). Compressed workweek or flextime schedules may be available to nOll- represented regular full-time employee's who have satisfied their introductory period. Approval is based on staffing needs, the employee's job duties and work record. AUTHORITY & RESPONSffiILITY: Supervisors shall be responsible for scheduling employees during appropriate working hours and ensuring that proper records and timesheets are kept and submitted to record time worked. PROCEDURES AND RELATED INFORMATION 1. WORK PERIOD A. Regular business hours are normally (8) a.m. to (5) p.m. Monday through Friday. However, some departments within the City have different work periods and work hours. It is the City's policy to establish time and duration of working hours as required by workload, operational demands, customer service needs, staffing requirements and any applicable law(s). B. A "work day" may be 8,9, 10, or 24 hours of work performed within a period of (24) consecutive hours on any assigned shift, whether such shift is continuous or split. C. Non-exempt employees are responsible for monitoring the accuracy of his/her timecard for the hours worked in each work period. For overtime approval refer to SOP 3.6 (Overtime Compensation). D. Firefighters are subject to the special exception as provided under ~ 207(k) of the Fair Labor Standards Act. Represented Fire employees should refer to the union contract for additional information regarding assigned work periods. Revised 3/04 II. CO:M.PRESSED WORK WEEK AND FLEXTIME A. A compressed workweek is one in which an employee works the same number of standard hours as nonnal however in fewer than the customary number of days per week. Flextime is a work schedule with time of arrival and departure that differs from the standard operating hours. It allows employees to choose their work hours within the limits established by the City. B. Compressed workweek or flextime schedules may be granted in situations where the job and business-related needs can continue to be met even under a compressed or flextime schedule as long as this does not impact the employee's productivity or adversely affect the efficient operation ofthe City. 1. The compressed workweek maybe one of the following: A. 4/1 0 - Employees work 10 hours for 4 days per workweek within a 7 day period. Due to operational demands starting and ending dates will be assigned by department. B. 9/9 - Employees work 9 hours for 9 days with the 10th day off Also referred to as a 9/80 - Employees work 80 hours over nine days instead of 10 days with alternate three - day weekends. C. Exempt employees will continue to receive the same salary from week to week regardless of the schedule worked. As needed exempt employees must depart from any compressed or flextime schedule to perform his/her job functions. D. Work hours for flextime may start at 7:00 AM through 9:00 AM with an ending time of 4:00 PM through 6:00 PM. 2. The supervisor and employee are responsible for ensuring the following conditions are met: A. The change in hours does not adversely affect the City, departmental assignment/projects, customer relations, or other work units. B. There is adequate supervision and back-up staffing to maintain service to the public and customers. C. The position is appropriate for a compressed or flextime work schedule. D. Clear goals and objectives are determined in advance by the supervisor and employee. E. The employee observes the City's policies on attendance and the employee has maintained a good work record prior to making his/her request for a compressed or flextime work schedule. F. Non-Exempt employees may be asked to work overtime regardless of a compressed or flextime work schedule. G. The employee and his/her supervisor/manager and department head must sign a compressed or flextime workweek authorization form. Revised 3/04 C. The department director will approve or deny the compressed or flextime workweek based on staffing needs, the employee's job duties, the employee's work record, and the employee's ability to temporarily or permanently return to a standard work schedule when needed. An employee may not change or revise any workweek schedule without prior management approval. D. The supervisor and department director is responsible for evaluating workflow, coordinating work activities and designating the workweek. E. The City reserves the right to suspend, cancel or amend this policy at any time due to business needs, lack of production on the part of the employee, or in violation of any of the terms of this policy. The City also reserves the right to cancel or suspend use of such schedule by any employee who experiences performance problems deemed to be related to the new schedule. Such circumstances will be evaluated on a case-by-case basis. F. For holiday, vacation and sick pay refer to HR SOP 4.1 section III and V. ill. :MEAL PERIODS A. The normal workday consists of eight, nine (8, 9) or ten (10) consecutive hours of work (or twenty-four (24) hour shifts for firefighters) with an unpaid meal period for non-uniformed employees. Operational demands and/or the ability to maintain appropriate staffing levels may require some departments to adjust their meal periods accordingly. B. Represented fire personnel should consult with the current labor agreement regarding breaks and meal periods. IV. MAKE-UP TIME (Non-Union Personnel) A. Employees may be required to work after normal work hours, or the employee may work less than eight, nine (8, 9) or ten (10) hours per day depending on the regular work schedule. When possible, the employee and his/her immediate supervisor will arrange the employee's schedule to assure assigned hours of work fall within the forty (40) hour workweek. Any exceptions to this procedure must have prior written approval from the employee's supervisor, and the Department Director. B. Circumstances may also arise where an employee needs to work fewer hours than his/her regularly schedule work period. Department Directors, at their discretion, may allow non-exempt employees to make up lost work time during a given work week so long as the "make-up time" is completed within the same workweek However, make-up time will not be granted if the lost Revised 3/04 work time is a result of conditions the employee could control; if there is no work for the employee to perform; or if adequate supervision is not available. V. REPORTING AND VERIFYING TIME RECORDS A. It is the responsibility of each employee to properly record time that he/she has worked during a payroll period and supervisors are responsible for reviewing the completed timesheets for accuracy. Falsification of time sheets and/or altering work hour records is a serious offense subject to strict disciplinary action up to and including termination. B. Employees shall record the total hours worked for each workday. Non-work time (holidays, sick and annual leave, military leave, bereavement leave, civil leave, leave without pay) shall also be recorded on the timesheet. Authorized overtime shall be recorded. C. Each time sheet/card shall bear the signature of the employee with a statement verifying its accuracy and a counter signature by a supervisor indicating that the hours claimed were actually worked. D. Executive, administrative and professional employees, exempt under the FLSA, are required to complete a timesheet for administrative purposes to report non-work time of equal to or greater than one (1) work day such as sick leave, vacation leave, personal leave, bereavement leave, etc. Revised 3/04 MAY 1 i 2004 g~ty Of Meridian CITY OF MERIDIAN Ity Clerk Office STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.6 SUBJECT: OVERTIME COMPENSATION PURPOSE: To outline and identify eligibility for overtime compensation and the City's policy regarding accumulation and payment of overtime. POLICY: The City shall provide overtime compensation in accordance with the Fair Labor Standards Act as outlined within this policy. AUTHORITY & RESPONSIBILITY: Human Resources shall be responsible for interpreting this policy. Supervisors and department heads are responsible to ensure that proper tracking of hours worked is made for all employees for whom they are responsible. PROCEDURES AND RELATED INFORMATION I. EXEMPT EMPLOYEES All executive, administrative or professional employees who qualify; as exempt employees under the Fair Labor Standards Act (FLSA) will be paid in compliance with the requirements of the FLSA. Exempt employees are not eligible for overtime compensation. However, in recognition of the extra time demands required of certain exempt positions; occasionally paid time may be taken when approved by the department head and/or the Mayor. II. NON-EXEMPT EMPLOYEES All non-exempt; non-represented employees will be paid time at one and one-half the regular rate for hours worked in excess of forty (40) hours within the seven (7) day workweek as defined in Section V of this policy. Overtime must be approved in advance by the employee's supervisor and will be approved only when absolutely necessary. Questions about overtime should be directed to your supervisor or the Payroll office. Court time for sworn law enforcement personnel, unless the court time occurs during a regular shift; shall be paid at the rate of one and one half times the regular hourly rate of pay for the actual time taken for the court appearance, or two hours; whichever is greater. III. FIRE EMPLOYEES Overtime for bargaining unit employees shall be governed by the provisions of the bargaining agreement. Revised 3/04 IV. COMPENSATORY TIME Compensatory time is time in lieu of monetary overtime compensation, which is given at a rate of not less than one and one-half hours for each hour of overtime worked. The City does not recoe:nize nor allow compensatory time in lieu of overtime payment. V. HOURS WORKED AND WORK PERIOD DEFINED A. According to the Fair Labor Standards Act, only actual hours worked are computed for the purpose of determining hours worked for overtime calculation. In other words, vacation, holiday, or sick time, though typically compensated, is not counted when computing hours worked in a workweek for purposes of calculating overtime. Every employee shall have a designated work period. The vlork period for all regular full time efl'l13loyees v,ho arc subject to FLSA will begin at 12:00 (midnight) on Sunday of each vlcek and concludes at 11 :59 p.m. of the succeeding Saturday; however operational demands and staffing le';els may require a '.voTk period ';,'ith different starting and ending days. The employee's supervisor and Department Head must approve any changes in scheduling: of hours or in the designation ofthe 'Nark period. B. Every employee shall have a designated work pe110d. The work period for a1l regular full-time employees not covered by a bargaining agreement who are subject to the Fair Labor Standards Act (FLSA) shall be 8, 9 or 10 hours and the established work period shall be 40 hours. Workweeks will be one of the following: 1. Begin at 12:00 (midnight) on Sunday of each week and conclude at 11 :59 p.m. on the succeeding Saturday; or 2. Begin 12:00 noon on Friday conclude on the succeeding Friday at 11.59 a.m.; or 3. Begin 12:00 noon on Monday and conclude on the succeeding Monday at 11 :59 a.m.; or. 4. Begin 12:00 noon on Wednesday and conclude on the succeeding Wednesday at 11:59 a.m. C. Operational demands and staffing levels may require a work period with different starting and ending days. The department head must approve any changes in scheduling of hours or designating a different workweek. A compressed workweek authorization fonn signed by the employee, supervisor and the department head must be fOlwarded to Human Resource Department for the employee's personnel file. Revised 3/04 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 4.1 SUBJECT: HOLIDAYS PURPOSE: To outline the holidays observed by the City and related leave and compensation policies related to holidays. POLICY: The City shall provide paid holidays to eligible employees as listed below. Eligible employees shall be granted ten paid holidays per year. Emergency service personnel or others required to work on holidays shall be compensated for holiday hours as outlined herein. AUTHORITY & RESPONSIBILITY: Payroll shall ensure proper tracking and payment of holiday hours for employees, including special arrangements for emergency service and shift personnel required to work on holidays. PROCEDURES AND RELATED INFORMATION 1. A holiday is a day of exemption from work, granted to employees as if they had actually worked. The City observes ten (10) holidays with pay during the calendar year: 1. New Year's Day (January 1) 2. Martin Luther King, Jr.'s Birthday/Human Rights Day (3rd Monday in January) 3. President's Day (3rd Monday in February) 4. Memorial Day (Last Monday in May) 5. Independence Day (July 4) 6. Labor Day (1 st Monday in September) 7. Veteran's Day (November 11) 8. Thanksgiving (4th Thursday in November) 9. Day after Thanksgiving 10. Christmas Day (December 25) II. HOLIDAYS OCCURRING ON SATURDAY OR SUNDAY Generally, holidays falling on a Saturday are observed on the preceding Friday; those falling on Sunday are observed the following Monday. In celebrating the above holidays, all City offices and departments will be closed with the exception of those departments responsible for wastewater and emergency service. Revised 3/04 III. HOLIDAY COMPENSATION FOR SHIFT OR COMPRESSED WORKERS -A: For employees required to work shifts of nine (9), ten (10) or more hours per day, a maximum of lO holidays per calendar year will be given at the employees scheduled work hours. eighty (80) houm of holiday pay is provided per calendar year. B. For employees who voluntarily request to work a compressed workweek schedule a maximum of eighty (80) hours of holiday pay is provided per calendar year. IV. COMPENSATION FOR HOLIDAYS A. Non-Shift and compressed regular full-time employees are paid for eight (8) hours of holiday pay for each holiday. Shift workweek employees are paid holiday pay at his/her assigned hours worked. B. Temporary and seasonal employees are only paid for hours worked. C. An employee who is assigned to work on a recognized holiday will be paid for hours worked on the holiday at the regular rate of pay plus eight nine or ten (8, 9, or 10) hours holiday pay at straight time depending on his/her assigned work schedule. For example, if a non-shift or compressed workweek employee is regularly scheduled to work on Wednesday, December 25, and is assigned to work three hours on that day, he/she would be paid for eight (8) hours of holiday pay plus three (3) hours of straight time pay, for a total of eleven (11) hours of pay. If a shift employee is regularly scheduled to work on Wednesday, December 25, for their normal ten (10) hour shift, he/she would be paid for eight (8) ten (l0) hours of holiday plus ten (10) hours of straight time pay, for a total of eighteen (18) twenty (20) hours of pay. V. HOLIDAY AND LEAVE STATUS Employees who are on leave status (vacation, sick, personal, worker's compensation, military duty, FMLA, etc.) are not eligible for additional holiday pay. For example, if an employee is on vacation leave during the week of December 23 through December 27, that employee's pay would reflect four (4) days of vacation leave and one (1) day of holiday pay. Holidays falling within approved leave time will not be counted as part ofthe leave time. VI. BARGAINING UNIT EMPLOYEES Holiday leave for bargaining unit employees shall be governed by the provisions of the bargaining agreement. Represented employees shall reference the current labor agreement for related information. Revised 3/04 May 7, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT May 11, 2004 ITEM NO. ~ REQUEST Discussionn of Amendments to Standard Operation Policy and Procedure dealing with hours of work, overtime compensation, and holidays by Pauline Skeggs 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 ~ yttY J ()tAf Contacted: Emailed: Date: Staff Initials: Phone: MaterIals presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.2 SUBJECT: HOURS OF WORK PURPOSE: To outline the City's policy regarding hours of work, compressed workweek, flextime, meal periods, and reporting procedures for time worked. POLICY: Every employee shall have designated work hours. Regular business hours are normally 8:00 A.M. to 5:00 P.M. Monday through Friday, However, some departments within the City have different work periods and work hours. It is the City's policy to establish time and duration of working hours as required by workload, operational demands, customer service needs, staffing requirements and any applicable law(s). Compressed workweek or flextime schedules may be available to non- represented regular full-time employees who have satisfied their introductory period. Approval is based on staffing needs, the employee's job duties and work record. AUTHORITY & RESPONSIBILITY: Supervisors shall be responsible for scheduling employees during appropriate working hours and ensuring that proper records and timesheets are kept and submitted to record time worked. PROCEDURES AND RELATED INFORMATION 1. WORK PERIOD A. Regular business hours are nonnally (8) a.m. to (5) p.m. Monday through Friday. However, some departments within the City have different work periods and work hours. It is the City's policy to establish time and duration of working hours as required by workload, operational demands, customer service needs, staffing requirements and any applicable law(s). B. A "work day" may be 8, 9, 10, or 24 hours of work performed within a period of (24) consecutive hours on any assigned shift, whether such shift is continuous or split. C. Non-exempt employees are responsible for monitoring the accuracy ofhis/her timecard for the hours worked in each work period. For overtime approval refer to SOP 3.6 (Overtime Compensation). D. Firefighters are subject to the special exception as provided under S 207(k) of the Fair Labor Standards Act. Represented Fire employees should refer to the union contract for additional information regarding assigned work periods. Revised 3/04 II. COMPRESSED WORK WEEK AND FLEXTIME A. A compressed workweek is one in which an employee works the same number of standard hours as normal however in fewer than the customary number of days per week. Flextime is a work schedule with time of arrival and departure that differs from the standard operating hours. It allows employees to choose their work hours within the limits established by the City. B. Compressed workweek or flextime schedules may be granted in situations where the job and business-related needs can continue to be met even under a compressed or flextime schedule as long as this does not impact the employee's productivity or adversely affect the efficient operation of the City. 1. The compressed workweek maybe one of the following: A. 4/10 - Employees work 10 hours for 4 days per workweek within a 7 day period. Due to operational demands starting and ending dates will be assigned by department. B. 9/9 - Employees work 9 hours for 9 days with the loth day off. Also referred to as a 9/80 - Employees work 80 hours over nine days instead of 10 days with alternate three - day weekends. C. Exempt employees will continue to receive the same salary from week to week regardless of the schedule worked. As needed exempt employees must depart from any compressed or flextime schedule to perform his/her job functions. D. Work hours for flextime may start at 7:00 AM through 9:00 AM with an ending time of 4:00 PM through 6:00 PM. 2. The supervisor and employee are responsible for ensuring the following conditions are met: A. The change in hours does not adversely affect the City, departmental assigrunentiproj ects, customer relations, or other work units. B. There is adequate supervision and back-up staffing to maintain service to the public and customers. C. The position is appropriate for a compressed or flextime work schedule. D. Clear goals and objectives are determined in advance by the supervisor and employee. E. The employee observes the City's policies on attendance and the employee has maintained a good work record prior to making his/her request for a compressed or flextime work schedule. F. Non-Exempt employees may be asked to work overtime regardless of a compressed or flextime work schedule. G. The employee and his/her supervisor/manager and department head must sign a compressed or flextime workweek authorization form. Revised 3/04 C. The department director will approve or deny the compressed or flextime workweek based on staffing needs, the employee's job duties, the employee's work record, and the employee's ability to temporarily or permanently return to a standard work schedule when needed. An employee may not change or revise any workweek schedule without prior management approval. D. The supervisor and department director is responsible for evaluating workflow, coordinating work activities and designating the workweek. E. The City reserves the right to suspend, cancel or amend this policy at any time due to business needs, lack of production on the part ofthe employee, or in violation of any of the terms of this policy. The City also reserves the right to cancel or suspend use of such schedule by any employee who experiences performance problems deemed to be related to the new schedule. Such circumstances will be evaluated on a case-by-case basis. F. For holiday, vacation and sick pay refer to HR SOP 4.1 section III and V. III. MEAL PERIODS A. The nonnal workday consists of eight (8) or ten (10) consecutive hours of work (or twenty-four (24) hour shifts for firefighters) with an unpaid meal period for non-uniformed employees. Operational demands and/or the ability to maintain appropriate staffing levels may require some departments to adjust their meal periods accordingly. B. Represented fire personnel should consult with the current labor agreement regarding breaks and meal periods. N. MAKE-UP TIME (Non-Union Personnel) A. Employees may be required to work after normal work hours, or the employee may work less than eight (8) or ten (10) hours per day depending on the regular work schedule. When possible, the employee and his/her immediate supervisor will arrange the employee's schedule to assure assigned hours of work fall within the forty (40) hour workweek. Any exceptions to this procedure must have prior written approval from the employee's supervisor, and the Department Director. B. Circumstances may also arise where an employee needs to work fewer hours than his/her regularly schedule work period. Department Directors, at their discretion, may allow non-exempt employees to make up lost work time during a given work week so long as the "make-up time" is completed within the same workweek. However, make-up time will not be granted if the lost Revised 3/04 work time is a result of conditions the employee could control; if there is no work for the employee to perform; or if adequate supervision is not available. V. REPORTING AND VERIFYING TIME RECORDS A. It is the responsibility of each employee to properly record time that he/she has worked during a payroll period and supervisors are responsible for reviewing the completed time sheets for accuracy. Falsification of timesheets and/or altering work hour records is a serious offense subject to strict disciplinary action up to and including termination. B. Employees shall record the total hours worked for each workday. Non-work time (holidays, sick and annual leave, military leave, bereavement leave, civil leave, leave without pay) shall also be recorded on the timesheet. Authorized overtime shall be recorded. C. Each time sheet/card shall bear the signature of the employee with a statement verifying its accuracy and a counter signature by a supervisor indicating that the hours claimed were actually worked. D. Executive, administrative and professional employees, exempt under the FLSA, are required to complete a timesheet for administrative purposes to report non-work time of equal to or greater than one (1) work day such as sick leave, vacation leave, personal leave, bereavement leave, etc. Revised 3/04 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.6 SUBJECT: OVERTIME COMPENSATION PURPOSE: To outline and identify eligibility for overtime compensation and the City's policy regarding accumulation and payment of overtime. POLICY: The City shall provide overtime compensation in accordance with the Fair Labor Standards Act as outlined within this policy. AUTHORITY & RESPONSIBILITY: Human Resources shall be responsible for interpreting this policy. Supervisors and department heads are responsible to ensure that proper tracking of hours worked is made for all employees for whom they are responsible. PROCEDURES AND RELATED INFORMATION I. EXEMPT EMPLOYEES All executive, administrative or professional employees who qualify, as exempt employees under the Fair Labor Standards Act (FLSA) will be paid in compliance with the requirements of the FLSA. Exempt employees are not eligible for overtime compensation. However, in recognition of the extra time demands required of certain exempt positions, occasionally paid time may be taken when approved by the department head and/or the Mayor. II. NON-EXEMPT EMPLOYEES All non-exempt, non-represented employees will be paid time at one and one-half the regular rate for hours worked in excess of forty (40) hours within the seven (7) day workweek as defined in Section V of this policy. Overtime must be approved in advance by the employee's supervisor and will be approved only when absolutely necessary. Questions about overtime should be directed to your supervisor or the Payroll office. Court time for sworn law enforcement personnel, unless the court time occurs during a regular shift, shall be paid at the rate of one and one half times the regular hourly rate of pay for the actual time taken for the court appearance, or two hours, whichever is greater. III. FIRE EMPLOYEES Overtime for bargaining unit employees shall be governed by the provisions of the bargaining agreement. Revised 3/04 IV. COMPENSATORY TIME Compensatory time is time in lieu of monetary overtime compensation, which is given at a rate of not less than one and one-half hours for each hour of overtime worked. The City does not reco2:nize nor allow compensatory time in lieu of overtime payment. V. HOURS WORKED AND WORK PERIOD DEFINED A. According to the Fair Labor Standards Act, only actual hours worked are computed for the purpose of determining hours worked for overtime calculation. In other words, vacation, holiday, or sick time, though typically compensated, is not counted when computing hours worked in a workweek for purposes of calculating overtime. B. Every employee shall have a designated work period. The work period for all regular full-time employees not covered by a bargaining agreement who are subject to the Fair Labor Standards Act (FLSA) shall be 8, 9 or 10 hours and the established work period shall be 40 hours. Workweeks will be one of the following: 1. Begin at 12:00 (midnight) on Sunday of each week and conclude at 11 :59 p.m. on the succeeding Saturday; or 2. Begin 12:00 noon on Friday conclude on the succeeding Friday at 11.59 a.m.; or 3. Begin 12:00 noon on Monday and conclude on the succeeding Monday at 11 :59 a.m.; or 4. Begin 12:00 noon on Wednesday and conclude on the succeeding Wednesday at 11:59 a.m. C. Operational demands and staffing levels may require a work period with different starting and ending days. The department head must approve any changes in scheduling of hours or designating a different workweek. A compressed workweek authorization form signed by the employee, supervisor and the department head must be forwarded to Human Resource Department for the employee's personnel tile. Revised 3/04 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 4.1 SUBJECT: HOLIDAYS PURPOSE: To outline the holidays observed by the City and related leave and compensation policies related to holidays. POLICY: The City shall provide paid holidays to eligible employees as listed below. Eligible employees shall be granted ten paid holidays per year. Emergency service personnel or others required to work on holidays shall be compensated for holiday hours as outlined herein. AUTHORITY & RESPONSIBILITY: Payroll shall ensure proper tracking and payment of holiday hours for employees, including special arrangements for emergency service and shift personnel required to work on holidays. PROCEDURES AND RELATED INFORMATION 1. A holiday is a day of exemption from work, granted to employees as if they had actually worked. The City observes ten (10) holidays with pay during the calendar year; 1. New Year's Day (January 1) 2. Martin Luther King, Jr. 's Birthday/Human Rights Day (3rd Monday in January) 3. President's Day (3rd Monday in February) 4. Memorial Day (Last Monday in May) 5. Independence Day (July 4) 6. Labor Day (1st Monday in September) 7. Veteran's Day (November 11) 8. Thanksgiving (4th Thursday in November) 9. Day after Thanksgiving 10. Christmas Day (December 25) II. HOLIDAYS OCCURRING ON SATURDAY OR SUNDAY Generally, holidays falling on a Saturday are observed on the preceding Friday; those falling on Sunday are observed the following Monday. In celebrating the above holidays, all City offices and departments will be closed with the exception of those departments responsible for wastewater and emergency service. Revised 3/04 III. HOLIDAY COMPENSATION FOR SHIFT OR COMPRESSED WORKERS A. For employees required to work shifts of nine (9), ten (10) or more hours per day, a maximum of 10 holidays per calendar year will be given at the employees scheduled work hours. B. For employees who voluntarily request to work a compressed workweek schedule a maximum of eighty (80) hours of holiday pay is provided per calendar year. IV. COMPENSATION FOR HOLIDAYS A. Non-Shift and compressed regular full-time employees are paid for eight (8) hours of holiday pay for each holiday. Shift workweek employees are paid holiday pay at his/her assigned hours worked. B. Temporary and seasonal employees are only paid for hours worked. C. An employee who is assigned to work on a recognized holiday will be paid for hours worked on the holiday at the regular rate of pay plus (8, 9, or 10) hours holiday pay at straight time depending on his/her assigned work schedule. For example, if a non-shift or compressed workweek employee is regularly scheduled to work on Wednesday, December 25, and is assigned to work three hours on that day, he/she would be paid for eight (8) hours of holiday pay plus three (3) hours of straight time pay, for a total of eleven (11) hours of pay. If a shift employee is regularly scheduled to work on Wednesday, December 25, for their normal ten (10) hour shift, he/she would be paid for ten (10) hours of holiday plus ten (10) hours of straight time pay, for a total of twenty (20) hours of pay. V. HOLIDAY AND LEAVE STATUS Employees who are on leave status (vacation, sick, personal, worker's compensation, military duty, FMLA, etc.) are not eligible for additional holiday pay. For example, if an employee is on vacation leave during the week of December 23 through December 27, that employee's pay would reflect four (4) days of vacation leave and one (1) day of holiday pay. Holidays falling within approved leave time will not be counted as part of the leave time. VI. BARGAINING UNIT EMPLOYEES Holiday leave for bargaining unit employees shall be governed by the provisions of the bargaining agreement. Represented employees shall reference the current labor agreement for related information. Revised 3/04 May 7 t 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT May 11 t 2004 5 ITEM NO. REQUEST Discussion of Surplus Real Property Lot 63, Block 14 of Thousand Springs Subdivision No.5 by Gary Smith AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AITORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached . lSJ- dJ5Pf. Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. M m td' ~ f /tr/-L,$~ itTlWMd Jo ~ ih fMrM f: rddr- ad 11M ~ · -r RECEIVED MAY - 4 200~ ;:ti.:::/~";-'~., '~.'": ;;-t.~~~ :;;,,/'1~!i~ "'";~. ~:i?:,::~<t~01Pi~;'~"$.~~:$);';~::'.:':~<ff )\~im o:f~~efiGliaHl""};2wJ~liei~;~> :;,!: .', 'x"A'1 - I) r:i\\ c' f ' , . c':'~;i~ ~~{<~';~:;J^1 ~'%"{"..tvJE9r"s{ t:'!I&~'j 1, t ^, ";" " ',,;'f;';?"''' 'A"~~{"'''fj :::;;::':" ,:. ;.:..:;, ,:, ,;:~; :")/~';lb;i~l)~~&f;~~~.~,~;~~ To: Mayor De Weerd From: Gary D. Smith, PE CC: file; C.Rountree Date: April 30, 2004 Re: Surplus Real Property - Thousand Springs Subd. No.5 City of Meridian City Clerk Office Mayor. The City requested as a condition of subdivision approval, and received, from the developer of Thousand Springs Subdivision No.5. a small irregular shaped lot (shown as Lot 63, Block 14 on the attached copy of the plat} for the purpose of locating a future pressure booster pump station for our domestic water system. It has now been determined that we will never use this parcel for its intended purpose and an adjacent property owner has expressed interest in obtaining it. At this time It is 0 maintenance problem for us in terms of weed control and we would like to dispose of it for that reason. An Inquiry was made of our City Attomey as to the process for disposal. He relates the following, in occord with state statutes: 1. Submit the request to you for your approval and discuss it with our department liaison. 2. Assign a minimum value to the property. Council may want an appraisal unless other information is available to support its value. The Council will need to declare a minimum value, on the record, at a Counal meeting. Fromlhe desk of.., 3. City Clerk publishes a summary of Council action and a hearing is held on the sale. Gary D. Smllh, PE Public Wolks Dire~r Meridian Pubic Works Deparfment b60 E. watertower lane. Suite 200 Melidian.ldoho 836.42 (208) 89&5500 Fax: (208) 898-9551 . Page 1 4. A public auction is held for the sale of the property and if no bids are received equal to or above the minimum declared value, the City can sell it without further auctions. Therefore, this memo is written to request your approval to dispose of this surplus real property. With your approval, we will proceed to obtain a value of this parcel and bring that back to Ciiy Council for further action. Thank you, . Page 2 '" ... 2: ~11 ~ ~! !i l;rl:~ "'~ I:'i.!~ C1VO~ 310V3'S 5l ~ ~-- ---'~?~~~-'-1-'~~ ~< i~ ::<:I ~; Jt ~ ~t~ ~ l:1I:'~ ll. dl z ~l z~ ~ , ~.. i II.IO.IUIIl 5 : ~ ~~~ . ' i i , ' i ~ i , ' i i · 2 · i ; , . i ; i hIm 'I.:n " r(~<< 'f ~ci · I ff z I , lItz :, " 0 ~iii ~: II ~~ RI io:3 0 -/ 't Olll J J:~ o ~I .,,~... ~ Ii t'}\ ~ z: ~ ! I :J . \ I ~ I \ ! ~ =I~i i \ ~ il;li I '. ~ l!1!i I " ~~ ;~ii : "';tl . ~~I~ ! ~ sill! ! B.~ i ~4' 'to, . III ; ~ ~, ~ ~! ... 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MZ ~~~~~~~~~~g5~9!9!S~~~~~g;~! ;11!!!!~!'!!~~j~~!I!!!ii~~~~!~~~!!!~!!111 i;a=~~~~~5~~=~:~=~~~~~~:~~~~~~~~~i~a~~~~~ l~a;~~!~~5:~~i~I~5~aa~aia~:!~~a~!ai~~~~=~ ~:~~~=~i~~~a~i~:~~=~;~'~~~~~~~~~;~~~~a==; 1~~~~~~;I~~j!~~~;;~~~;~~~~~~a~lii~~~;I~11 ; ~ll~~I~!ii~~i!lliil!!I~!!ii~li~i~f!l~!!IS !~3~~~!~!~ti6a~8U!aeDS8ge~B!Sa5~fiG65~~s~fiS ;i~I!~li!~I!!~~i~~I!I!!~!~~I!i!~~lii~~i!! a~~~~~~~a~~~~~~~~~~=~a~*8_&8~*~~.~~~~~~~a ~~_~a#_~.~8~s~#a=~~t~~=~.:~.~~G~aaZ&_=M~~ ~aa.R5~R~8~8.'~'..Z8. ~~~ a~Q~a~$8~OS!!~~~ !!~~g~~tt~~~n~~~.R~~a~~~~~M~Rt~e~.~~~ ~~~ ~~;~~~~;~~i:~~:a8~~~~~~!i~~~~~~~:~~~a~~;~ 2111Ii~~i~a~II;IIIII~a~I~~~~~~I~II~lli~B~ ~~!lllili'II!!I!i!~li!!!IB~~l!il~il~lll~i 5GOD~SC~BG~~eaDGGG~G65aa59nDDnfifiijanfl!3ea~ In: l; .ON NOlSlII.loans SONll:ld$ ONvsnOHL Ii: 'ON NOISV\loans >12:IVd SOJ.lvtYlV so, ti 15 e I'l c" I~ ~i ~.g l'41 ~~ rl E~ :::. IJn> iji ti 0 oJ....c 1..1 j~ ~.. ..o!! 00 "" .. May 7, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT May 11, 2004 s ITEM NO. REQUEST Discussion of Fugitive Dust Issue AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: cf.J p i1()JJ ~ (U Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings sholl become property of the City of Meridian. Tammy de Weerd RECEIVED MAY - ~ 7004 From: Sent: To: Subject: Charles Rountree [CRountre@itd.stateJd.us] Friday, April 23, 2004 9:58 AM Tammy de Weerd RE: Fugitive Dust Issues City of Meridian City Clerk Office I suggest at pre-council -----Original Message----- From: Tammy de Weerd [mailto:deweerdt@meridiancity.org] Sent: Friday, April 23, 2004 9:57 AM To: wardles@meridiancity.org; naryb@meridiancity.org; Charles Rountree; rountrec@meridiancity.org; birdronaldkeith@msn.com; Bill Nary Cc: Will Berg Subject: FW: Fugitive Dust Issues Do we want this discussion on a pre-council agenda or under Mayor's Dept on our regular agenda? Tammy de Weerd, Mayor city of Meridian www.meridiancity.org (208) 888-4433 ext. 204 (208) 888-4218 fax -----Original Message----- From: Charles Rountree [mailto:CRountre@itd.state.id.us] Sent: Thursday, April 22, 2004 4:58 PM To: Tammy de Weerd Subject: RE: Fugitive Dust Issues Tammy - This is an important issue that we could assist in resolving. We should discuss and see if a reasonable solution is possible. - Charlie -----Original Message----- From: Tammy de Weerd [mailto:deweerdt@meridiancity.org] Sent: Wednesday, April 21, 2004 6:18 PM To: Shaun Wardle; Bill Nary; Charles Rountree; Charles Rountree; Keith Bird; Bill Nary Subject: FW: Fugitive Dust Issues Would love your comments in response to this email. We have had a number of dust related complaints and have a number of emails going back and forward among our code enforcement, Anna, Mr. Krinke and now June. Please let me know if you would like to discuss this as the season is just beginning... Tammy de Weerd, Mayor City of Meridian www.meridiancity.org (208) 888-4433 ext. 204 (208) 888-4218 fax -----Original Message----- From: JUNE RAMSDELL [mailto:JRAMSDEL@DEQ.STATE.ID.US] Sent: Tuesday, April 20, 2004 2:00 PM To: Tammy de Weerd Cc: MICHAEL MCGOWN; THOMAS KRINKE Subject: Fugitive Dust Issues 1 Hi Mayor deWeerd, DEQ does not currently have any plans to work with COMPASS to pass valleywide dust control ordinances. It is my understanding that when COMPASS worked on that issue previously they were met with resistance from the Association of General Contractors and the Building Contractors Association. Fugitive dust is a significant problem in areas where there is an excessive amount of construction taking place, such as in Meridian. As the "air quality authority" DEQ does have the ability to act upon validated complaints regarding construction dust as per IDAPA 58.01.01.650-651, as Tom Krinke stated in his earlier email. There is no requirement for a construction site to control their dust and DEQ cannot act until the problem has occurred and the community has already been impacted. Many growing communities around the nation have included language in building permit applications that require, for example, sites to be wet down regularly to minimize dust. By adding this requirement the city can locally control the impact those construction companies have on residents before dust becomes a problem. DEQ's Boise Regional Office has already been receiving higher than normal amounts of complaints about dust this year due to the dry spring our area has been experiencing. Although we understand that Meridian has no requirement to take any actions to deal with construction dust we feel that addressing this problem is very important. DEQ would welcome the opportunity to work with the city on any action they may decide to undertake to solve this air quality problem. If you would like to discuss this issue further please feel free to call me at 373-0493. Sincerely, June Ramsdell Airshed Coordinator Department of Environmental Quality Boise Regional Office (208} 373-0493 fax (208) 373-0504 2 May 7 t 2004 MERIDIAN CITY COUNCIL MEETING APPLlCANT May 11 t 2004 ITEM NO. q REQUEST Executive Session per Idaho State Code 67-2345{lJ{fJ AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publfc meetings shall become property of the CIty of Meridian. May 7, 2004 MERIDIAN CITY COUNCIL MEEfING APPLlCANT May 11, 2004 ITEM NO. ;.- REQUEST Update on Area of Impact Action AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~ ,fi (;WS),t UtA) Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. Apr-29-04 01: S9P C 1.t~,qfom~t~r* Apr 29 04 01 ~ '::./p . _:s.q~pq6 7569 ( P.Ol BUILDING .. ENGINEERING . PLANN1~G .. ZOl\'ING PHONE (20B) 287.7900 FAX (208) 28i-7009 ADA COUNTY DEVELOPMENT SERVICES 200 W. FRONT, BOISE, IDAHO 8370:!;-7300 April 29,2004 Mayor Nathan Mitchell City of Star P.O. Dox 130 Star. 1daho 83669 Re: Area of Impact - (04-0i.ZOA) Hearing Dale RECEIVED MAY - 6 2004 City of Meridian City Clerk Office near Mayor Milchell: During a meeting on April 28, 2004, the Board of Ada County Commissioners decided that it would be appropriate [0 move the City of Star's appJicallon to amend their area of city impact boondary, forward to a public hearing. This decision was reached after the Board reviewed your letter dated April 26. 2004, and received a recommendation from staff. In view of that decision. the Eoard requested tbal. I facilitate a Joint meeling between lhe cities of Star. Eagle. and Meridian for lheplJq)OSe ofdisc\lSsing Ow City ofStar'sapp\icaliol1. The Board would like 10 have the City of Meridian involved in thI: meeting SO it may be determined which ci1) (:.an beSl seS'Vice the area between Cbinden Boulevard and the bluff to the north where Slat wI:Mdd like to (::><tend lllCir southern area ofciry impact ooundary. As you are 3\\oare, Eagle City is in me process of preparing an application to atnelld their area of impact boundary as well and win be bolding their Jinal WOrkshop meeting on May 4, 2004. With Star's application being scheduled for hearing on May 13U" we ilclieve it would be beneficial to bold the !lhilies IIICCling sometime between May 41h and May 131h We apprC(;iatc your efforts in taking the lead on selting up Ibis meeting and: would also appreciate a notice as 10 when and wbere the meeting will take' place so that Development SCtVkes OirectOf, <retry AnnSlroog and myself can amage to attend. If there is anYlhing !hall can do 10 aSSist you in Ibis endeavor, please do not hesitate \0 contact me at 287- 7903. ~,. . 1:.~~~ Ado County Development ServIces cc: Craig Eckles, City of Star Planning & Zoning Adminisuator Gerry Armslroflg, Director. Ada County Development Setvic~ Ada County Board of County Commissionen; MA YOR Tammy de Weerd CITY COU;';ClL MEi\IBERS William L. M. Nary Keith Bird Charles M. Rountree Shaun Wardle RURAL FIRE COMMISSIONERS Richard Greene Terry Leighton Steve Elliott ll,. \He, ;f II ,. BUILDING DEPART:o.IE:"iT (208) 887-2211 F:>,887.1297 FIRE DEPART:'IIENT (208) 888-1234 Fax 895-0390 LEGAL DEPARTMENT (208) 466-9272 Fax 466.4405 PARKS & RECREATION (208) 888.3579 Fa., 898-5501 PLANNING & ZONING (208) 884-5533 Fax 888-6854 POLICE DEPARTMENT (208) 888-667S Fax 846-7366 PUBLIC WORKS (208) 898-5500 Fax 898.9551 _/ ~ "I. I- '1 : . . ..~ _:.. . -r ~ (J "/ <I'~. (" . >,_ii; ~:!~~';i.:: L-/VLerzdZan ..f , ~ \,' I J"::,!t,~ I u. '.~.I I'~ ...... .,~:.":.:. ~ .-. --.-. April 29, 2004 RECEIVED MAY - 6 2004 Ada County Commissioners 200 W. Front Street Boise, ID 83702 City of Meridian City Clerk Office Re: Opposition to Future Adjustments of Boise City Area ofImpact Boundaries The Meridian Rural Fire Protection District (MRFPD) specifically opposes the removal of the Rockhampton Subdivision and any future adjustments of the Area ofImpact Boundaries. The MRFPD and the City of Meridian have been working very hard to plan for the future needs of our residents. The rapid growth within the Meridian Fire Department has just completed the construction and staffing of Fire Station 3 in December of2003. The City of Meridian and the Meridian Rural Fire Protection District have Master Planned and acquired sites for future fire stations 4 and 5. Station 4 is planned for construction in the next budget year. It will be located on Eagle Road at the Ridenbaugh Canal to service the residents in the southeast corner of the City and Rural District. The site for fire station 5 is on Linder Road 1;4 mile south of Chin den Boulevard. We are currently searching for a site for fire station 6 along the Meridian Road Corridor south ofI-84. It is a difficult task to plan, finance, and staff fire stations ina rapidly growing community like Meridian. This difficult task is made even more complex when the footprint ofthe district changes unexpectedly and we lose our tax base which we have projected to construct and operate our facilities. This matter has to be carefully considered when it costs $975,000.00 to construct a fire station, $475,000.00 to purchase a fire engine and $675,000.00 per year to staff the facility. Accordingly, the Meridian Rural Fire Protection District opposes the removal of the Rockhampton Subdivision from our taxing district and any future change in the Area ofImpact boundaries. Sincerely, i(~~ Chairman Richard Greene Meridian Rural Fire Protection District Cc: Mayor Tammy de Weerd; Meridian City Council; MRFPD Commissioners MERIDIAN CITY HALL - 33 EAST IDAHO A VENUE - MERIDIAN, IDAHO 83642 - (208) 888-4433 City Clerk Office Fax (208) 888-42 [8 - Human Resources Fax (208) 884-8723 - Finance & Utility Billing Fax (208) 887-4813 \lAYOR Lt1111l1> de- Weerd " o(l'e,;,)!I;rn LEGr\.L DEP".RT\fENT i 2(ti::, -!(,(\.<)272 > F,,\ -!i,o..qil:' P.l.RKS & RECRE'\no~, 12n~J RgS-3570 '" Fa.\ ~;\)~":,u)5ill iiT, IL \lE\IBER3 S\'''LlIl1 W"rdk PUBLIC WURKS l ~(t) l 80;:;.55(11) ;t FD S:37-l ~o- \\"diL.11T1 L. \L >;:Ii'~ K,~!th Bm.! BUI LDINCi DEP.>,PBH:c-,1 !~i\); 8S7<~2! I ~ fa\ ;~g7.i.2\.{7 (1 ;"'lrk':> \{ Ruuntrc:.: PU,.NNfNU & Z()i\]'i(i (.::n~! o~~-+~553,; " Fy< :~~~:";.~~(\;)5J~ April 15, 2004 RECEIVED MAY - 6 2004 Ada County Commissioners 200 West Front Second Floor Boise, ill 83702 City of Meridian City Clerk Office Dear Commissioners: This letter is in response to the requests by the City of Eagle and the City of Star to expand their areas of city impact. We would have preferred to remain neutral; however, this does cause concern. Idaho Code Section 67-6526(b) says that the Ada County Commissioners should consider three factors in defining an area of city impact: (1) trade area; (2) geographic factors; and (3) areas that can reasonably be expected to be annexed to the city in the future. Both cities have included properties on the north side of Chinden Boulevard in their requests. The City of Meridian strongly believes that the area bounded by Chinden Boulevard and the bluff between the existing Eagle city limits and McDermott Road should remain outside of any area of city impact at this time. We do not believe that either city can positively meet the three factors as set forth in Idaho Code. Meridian City Council has had a preliminary discussion and believes if the subject area is placed in an area of city impact, it should be in Meridian. As a Planning Commissioner, Council Member, and now Mayor, I have had many conversations with the property owners in the subject area. They have repeatedly expressed that they view themselves as part of the Meridian community. These citizens are within the Meridian Rural Fire District, the Meridian School District, and the Meridian Library District. The bluff provides a geographic definition to the area, and the City of Meridian is positioned to annex and service up to the bluff in the future. This area is also a logical extension of our sewer and water facilities. Conversely, in order to cross a sewer line over the Boise River, both Eagle and Star will be faced with extraordinary engineering and arduous permitting processes, including state and federal agencies. This will make annexation difficult for both cities. Already, we have been approached by developers wanting to build in the Eagle area of impact asking Meridian to provide sewer to their projects. Furthennore, the Meridian Rural Fire Commission expended significant funds in building the Locust Grove Fire Station to serve the subject area and a parcel on Linder just south of Chin den has been secured for a future substation. As you know, the City of Meridian 33 EAST IDAHO AVENUE' fvrERIDIAN. mAHO 83642 . (208) 888-4433 ew Ckrk onkc Fa.\ (208! 883--1-21& . l-lllman Re:>uurL'C~ Fa~ (208! 88'-1--8723 . Finance & Utility Billtng Fax 1208, 887-'-1-813 Fire Department and the Meridian Rural Fire District share personnel and resources. The Meridian City Council and Meridian Rural Fire District Commissioners are meeting on April 27, 2004 to further discuss this issue. After that meeting, we will provide a second letter further detailing our collective concerns. In summary, we do not believe the subject area should be included in any area of city impact at this time. However, should the County Commissioners feel it is appropriate to define ultimate city limits for the area, we feel it should be included in the Meridian Area of City Impact. ~ pg cc: Ada County Planning and Zoning Commission Ada County Development Services Staff Meridian City Council " ** TX CONFIRMATION REPORT ** AS OF MAY 12 '04 i3:55 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 24 05/12 13:55 38112116121 EC--S 00'32"_~~:_____==:____~_________________ ------------------------------~-------------------------- t1rOSt -rQ(f w Rd~:~\c.... N6t1Ct' ~~) I .1- CITY OF MERIDIAN PRE.COUNCIL MEETING AGENDA Tuesday, May 11, 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Charlie Rountree _ Mayor Tammy de Weerd _ Bill Nary Keith Bird 2. Adoption of the Agenda: 3. Sewer Service Discussion by Ralph Perez of Briarwood Corporation: (* 15 minutes) 4. Discussion of Amendments to Standard Operation Policy and Procedure dealing with hours of work, overtime compensation, and holidays by Pauline Skeggs; ("10 minutes) 5. Discussion of Surplus Real Property Lot 63, Block 14 of Tholl sand Springs Subdivision NO.5 by Gary Smith: (*5 minutes) 6. Discussion of ESGR Statement of Support: (* 5 minutes) 7. Update on Area of Impact Action: (*5 minutes) 8. Discussion of Fugitive Dust Issue: (*5 minutes) 9. Executive Session per Idaho State Code 67-2345(1){f}: * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City PIa-Council Agenda - May 11, 2004 Page 1 of 1 All materials presented at public meetings shall become property of the City Qf MerldJ3n. Anyone desirJng accommodation for disabilities relajed to dOCtlments and/or hearings please oonlact the City Cler1('s Office at 888-4433 at leasl 48 houra prior to the public meeting. rq(Cl~f Post JOe. tuHlC tJ ()r-((~ -7"QV\\Lr .'. J. MAYOR Tammy de Weerd C':M;;;;:dlCrn >f\ IDAHO f .>. iY 'S-~ /,f/ C'12",~ f lO~"fIJuTREASUREY~-! m :SINCE 1903 LEGAL DEPARTMENT (208) 466-9272 . FAX 466.4405 PARKS & RECREATION (208) 888.3579 . Fax 898-5501 PUBLIC WORKS (208) 898-5500 . Fax 887-] 297 BUILDING DEPARTMENT (208) 887-221 I . Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Shaun Wardle William L M. Nary Charles M, Rountree Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, May 11, 2004 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Sewer Service Discussion by Ralph Perez of Briarwood Corporation - Discussion of Amendments to Standard Operation Policy and Procedure dealing with hours of work, overtime compensation, and holidays - Discussion of Surplus Real Property Lot 63, Block 14 of Thousand Springs Subdivision No. 5 - Discussion of ESGR Statement of Support - Update on Area of fmpact Action - Fugitive Dust Issue - Executive Session per Idaho State Code 67-2345(1)(f) The public is welcome to attend the meeting. - ~ DATED this ih of May, 2004. , , 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642 . (208) 888-4433 City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 884.8723 . Finance IV. IItilitv Billin<> P"y f?m:n lH17_il.R 1-. l ** TX CONFIRMATION REPORi ** ( AS OF MAY 07 '04 16:33 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS EC S 08' 21" 0"'1 221 OK 25 135/87 15:25 PUBLIC WORKS -- '" OK EC S "":"22" 001 221 27 05/07 16:26 2084664405 -- """ OK EC 5 013.....1.. 081 221 28 05/07 16: 27 2088840744 -- <=. OK 38 05/07 16:31 8985501 EC--S 013'22" 001 221 31 05/137 16:32 LIBRARY EC--S 00'25" 001 221 OO)(K EC S 00' 21" 001 221 32 05/07 16:33 92083776449 -- ___________________ ------------------------------------------------------------------------- tlct\Jt 'PQ(f -kv Rtl~:\\c- NOtlc.e ,~} I j w CITY OF MERIDIAN PRE-COUNCIL MEETtNG AGENDA Tuesday, May 11, 2004 at 6:00 p.m. City Council Chambers 1. RolJ-calJ Attendance: _ Shaun Wardle _ Charlie Rountree _ Mayor Tammy de Weerd _ Bill Nary Keith Bird 2. Adoption ofthe Agenda: 3. Sewer Service Discussion by Ralph Perez of BrialWood Corporation: ('" 15 minutes) 4. Discussion of Amendments to Standard Operation Policv and Procedure dealing with hours of work, overtime compensation, and holidays by Pauline Skeggs: ("10 minutes) 5. Discussion of Surplus Real Property Lot 63, Block 14 of Thousand Springs Subdivision No.5 by Gary Smith: (*5 minutes) 6. Discussion of ESGR Statement of Support: (* 5 minutes) 7. Update on Area of Impact Action: (*5 minutes) 8. Discussion of Fuqitive Dust Issue: (*S minutes) 9. Executive Session per Idaho State Code 67.2345(1){f): *Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Monlllan City Pr&-Coum:il Agenda - May 11, 2004 Page 1 011 All maten~ls pres en led lit public meetings shall become prop(lrty of the City of Meridian, Anyone desiring accommodation for disabilities related 10 documents and/or hearings please contact the City Clerl('s Office at eaa4433 alleasl48 hours prior to Ihe public rMeting, ( ! MAYOR Tammy de Weerd oUe;dM:n\. ~1-(' JDAHO /) C'<s; P' tv,.12~ ~ g..v ~Sr"GE 19a~ LEGAL DEPARTMENT (208) 466.9272 . FAX 466-4405 PARKS & RECREATION (208) 888-3579 . Fax 898-5501 PUBLIC WORKS (208) 898-5500 . Fax 887-1297 BUILDING DEPARTMENT (208) 887-221 I . Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Shaun Wardle William L. M. Nary Charles M. Rountree Keith Bird NOTICE OF PRE-COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, May 11, 2004 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues: - Sewer Service Discussion by Ralph Perez of Briarwood Corporation - Discussion of Amendments to Standard Operation Policy and Procedure dealing with hours of work, overtime compensation, and holidays - Discussion of Surplus Real Property Lot 63, Block 14 of Thousand Springs Subdivision No. 5 - Discussion of ESGR Statement of Support - Update on Area of Impact Action - Fugitive Dust Issue - Executive Session per Idaho State Code 67-2345(1)(f) The public is welcome to attend the meeting. ~ ... \ . DA TED this ]'h of May, 2004. , , 33 EAST IDAHO AVENUE · MERIDIAN, IDAHO 83642 . (208) 888-4433 City Clerk Oftlce Fax (208) 888-4218 . Human Resources Fax (208) 884.8723 . Finlmr.f'. f<r. Tltilitv Hillin<> p~v f?{1\<\ RR7_AQ 1 ':I fkiAS'L. ?o.f'\"w \it\).\ t... N6t1 c.e -cil~~ l CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, May 11, 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Charlie Rountree _ Mayor Tammy de Weerd _ Bill Nary Keith Bird 2. Adoption of the Agenda: . . . 3. Sewer Service Discussion by Ralph Perez of Briarwood Corporation: (* 15 minutes) 4. Discussion of Amendments to Standard Operation Policy and Procedure dealing with hours of work, overtime compensation, and holidays by Pauline Skeggs: (*10 minutes) 5. Discussion of Surplus Real Property Lot 63, Block 14 of Thousand Springs Subdivision No.5 by Gary Smith: (*5 minutes) 6. Discussion of ESGR Statement of Support: (* 5 minutes) 7. Update on Area of Impact Action: (*5 minutes) 8. Discussion of Fuaitive Dust Issue: (*5 minutes) 9. Executive Session per Idaho State Code 67-2345(1)(f): * Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. MerIdian City Pre-Council Agenda - May 11, 2004 Page 1 of 1 All materIals presented at public meetings shall become property of the City of MeridIan. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the publlc meeting. $>1< TX CONFJRMATION REPORT ** ,~,-" f AS OF MAY 10 '041a'::l:07 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 01 05/10 09:07 208 322 5964 MODE MIN/SEC PGS CMDij STATUS EC--S 00' 22" 01211 234 OK ----------------~-----------------------------------------------~--------~------------------ CITY OF MERIDIAN PRE-COUNCil MEETING AGENDA Tuesday. May 11, 2004 at 6:00 p.m. City Council Chambers 1. RolI~call Attendance: Shaun Wardle Charlie Rountree _ Mayor Tammy de Weerd _ Sill Nary Keith Bird 2. Adoption of the Agenda: 3. Sewer Service Discussion by Ralph Petel. of Briarwood Corporation: (* 15 minutes) 4. Discussion of Amendments to ~tandard Operation Policy and Procedure dealing with hours of work, overtime compensation, and holidays by Pauline Skeggs: (*10 minutes) 5. Discussion of SuW1us Real Property Lot 83, Block 14 of Thousand Springs Subdivision No.5 by Gary Smith: (*5 minutes) 6. Discussion of ESGR Statement of SUPDOrt: (* 5 minutes) 7. Update on Area of Impact Action: ("5 minutes) 8. Discussion of Fuaitive Dust Issue: ("5 minutes) 9. Executive Session per Idaho State Code 67-234S(1)(f); .. Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Meridian City Pre~ouncll Ageoda - May 11 , 2004 Page 1 or 1 All rnetSfie18 prooerrled at publk; me.61Il'lgB Ul811 become properly of the City 01 Meridil.ln. Anyone de6lrtng accommodatlon fot Illnblllties relaled IlIll<<:ume.nl'S Wldillr llearil\Q$ please con13e1lhe City Clerk'g Office al 8834433 at leatt 4& hours plior to Il1e public meeting. I ( ~" AS OF MAY 07 '04 17:"'4 PAGE. 01 "'''' TX CONFIRMATION REPORT >PI< CITY OF MERIDIAN DATE TtME TO/FROM MODE MIN/SEC PGS CMDII STATUS 01 05/07 16:34 2138 388 6924 EC--S 00'25" 13131 221 OK 132 05/07 16:36 2088886854 EC--S 1313'22" 1301 221 OK 03 (lS/(l7 16:37 208 895 03913 EC--S 00'22" 13131 221 OK 04 05/07 16:38 1283013040 G3-S 00' 27" 001 221 OK 06 05/07 16:40 208 387 6393 EC--S 00' 27" 001 221 OK 07 05/137 16:41 ADA CTY DEVELMT EC--S 00'22" (lml 221 OK 08 05/07 16:42 8885052 EC--S 00'22" 001 221 OK 09 05/07 16=43 CHERRY LANE G3--5 00'40" 0el 221 OK 10 135/07 16:44 IDAHO ATHLETIC C EC--S 00'22" 001 221 OK 11 05/07 15:45 tD PRESS TRIBUNE EC--S 00'23" 0el 221 OK 12 05/07 16:51 8841159 EC--S 00'23" 001 221 OK 13 05/07 16'51 POLICE DEPT EC--S 00' 23" eel 221 OK 14 05/07 16:57 2088886701 EC--S 00' 21" 001 221 OK 16 05/07 17:04 VALLEY TIMES ----S 00'00" l:l00 221 BUSY TH I S DOCUl'IENT IS STl LL j N MEMORY -----~---------~-----------------------------------~---------------------------------------- t1cG.J't fQ(f W Rd::\\~N611Le ,~} I ) . CITY OF MERIDIAN PRE.COUNCIL MEETING AG5NDA Tuesday, May 11, 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Charlie Rountree _ Mayor Tammy de Weerd _ Bill Nary Keith Bird 2. Adoption ofthe Agenda: 3, Sewer SeIVice Discussion by Ralph Perez of Briarwood Corporation: (" 15 minutes) 4. Diseussion of Amendments to Standard Operation Policv and Procedure dealing with hours of work, overtime compensation, and holidays by Pauline Skaggs: (-10 minutes) 5, Discussion of Surplus Real Property Lot 63, Block 14 of Thousand Springs Subdivision NO.5 by Gary Smith: (~5 minutes) 6. Discussion of ESGR Statement of Support: (- 5 minutes) 7. Update on Area of Impact Action: (~5 minutes) 8. Discussion of Fuqitive Dust Issue: (-5 minutes) 9. Executive Session per Idaho State Code 67-2345(1)(f): ~Approximate allowable time set for agenda item may change depending on discussion. Please use the designated minutes as a guideline only. Mertdian City Pre.Council Age"d~ - May 11, 2004 Page 1 of 1 All "",tal1als pies.mad at pu~llc meel;ng$ sh311 become propolly of \he City of MeridIan, Anyone desiring ~e~mmO(!alion for dls3~;lilies ralaled tQ dOeUl'llQnlS andler hearings plll<ls. con"'ct the City clell<'s Office at SB84433 at 1.35148 houlS prior to Ih. public meeting. ** TX CONF'U<MRTlON REPORT ** ., RS OF MAY 137 '04 17'jfl PRGE. I'll CITY OF MERfDIRN DRTE TIME TO/FROM MODE MIN/SEC PGS CMDij STATUS EC S ""'25" 001 229 OK 17 135/137 17: 15 PUBLl C WORKS -- "'''' OK 18 es/~ 17: 16 12004664405 EC--S 130' 26" Bel 229 OK 19 05/137 17:178841159 EC--S 130'26" 001 229 20 135/137 17:182088840744 ec--s 013'26" 001 229 OK EC S ""'26" 001 229 OK 21 135/137 17: 19 POll CE PEPT -- "'''' OK 22 05/07 17:213 89855131 ec--s 00'26" 0131 229 23 135/137 17:21 LIBRRRY EC--S 1313'30" 001 229 OK 24 05/07 17:22 IDAHO STATESMAN EC--S 013'26" 1301 229 OK EC 5 ""'30" 001 229 OK 25 05/137 17: 23 2138 388 6924 -- "'''' OK 26 135/137 17:24 2008886854 EC--S 130'25" eel 229 EC 5 """""'5" 001 229 OK 27 135/07 17:25 208 895 13390 - "'''' " OK G3 S "13' 3"" 13"1 229 28 05/137 17:26 1283001340 -- <I .. '" OK 29 05/07 17:27 200 367 6393 EC--S 130'26" 001 229 30 05/07 17: 28 RDR CTY DEVELMT EC--S 130' 25" 001 229 OKOK 31 135/07 17:29 8885052 EC--S 00'26" 001 229 32 05/07 17:30 CHERRY LANE G3--S 130'42" 001 229 OK _ __________ -------------------------------------------------------------------------------- - l\CCl-Se. \iJs\- ~ to.\:t \C. f-.i () n (c. -1w.f\lLJ:l I MAYOR 11l.mmy do Weej'd oU;;;;;Ui:rn I.E.CAI.l)EPARTh1.ENT (20S) 466.9272 . FA)( 4GG-44(!5 PARKS & ReCREATION (108) 888.3579 . P~. 898.5501 PUlll..lC WORKS (2VR) 898.5500' P'K 887.1297 BUILlJlNC DEPARTMENT (20S) 8S7.22.ll . F", 831.1291 PLANNINO & ZONIN[, (203) SS4.5S3J . Fox SSS.G~S4 CITY COUNCl!,. MEMBERS Shaun Warcl1e WiIli.m L lvi, Nar~ Cn>.l"le., M. Rounlree Kcith Bird NOTICE OF PRE.COUNCIL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre-Council Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Tuesday, May 11, 2004 at 6:00 P.M. The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the following issues; - Sewer Service Discussion by Ralph Perez of BriatWood Corporation - DiScussion of Amendments to Standard Operation Policy and Procedure dealing with hours of work, overtime compensation, and holidays - Discussion of Surplus Real Properly Lot 63, BlOCk 14 of Thousand Springs Subdivision No. 5 - Discussion of ESGR Statement of SUpport - Update on Area of Impact Action - FugiUye Dust Issue - Executive Session per Idaho State Gode 67-2345(1)(f) The public is welcome to attend the meeting. DA TED this 7th of May, 2004. 33 EASl' IDAHO AVENUE. MERIDIAN, IDAHO 83642.. (208) 888-4433 City Clcrk om"" Fax (l08) 888.42[& . Ruman Resou"ces Fax (208) 884-872; . firumc. lV 11nlln, ,,,",__ ,,___ ."M .._ *>1< TX CONFIRMATION REPORT *>!< AS OF MAY 07 '04 17:38 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 05/07 17:31 IDAHO ATHLETIC C EC--S 00'26" 001 229 OK EC 5 00'26" 001 229 OK 05/07 17: 32 ID PRESS TR I BUNE -- OK EC 5 00' 25" 001 229 05/07 17:33 2088886701 -- OK EC 5 00' 36" 001 229 04 05/07 17:37 3810160 -- _ _________________ --------------~----------------------~---------------------------------- -- 01 02 03 't'\((}.,s{ \1)s+ ~ tulilC- fJ once -lha-Nt-P I MAYOR l'<lmmy de WeeI'd CrTY COUNCU.. MEtrIDERS Shaun Wardl. WilIi...m L M. N:ary Cb:<rles M. Rountree Keith Bird cU;;dlati~ LEGAl.. rJEP....RTMUNT (208) 466.9272 . FAX 466-44(lS PARKS 8< RECREATION (20S) 688-:;579 . Fa. 398-550 \ l'UIlLle WORKS (2118) 898.5500 . F;u: 887.1297 BUILlJING DEPARTMp,NT (208) 887-2211 . RI. $87-\:m PLANNING & ZONING (208) 884-5533 . F,iX 888-6854 NOTICE OF PR.E~COUNCIL MEETING MERIDIAN CITY COUNCil NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Pre.Council Meeting at City Hall, 33 East idaho, Meridian, Idaho, on Tuesday, May 11,2004 at 6:00 P.M, The Meridian City Council will be discussing agenda items which are on the regular scheduled City Council meeting as well as the follOWing issues: - Sewer SeIVice Discussion by Ralph Perez of Bnarwood Corporation - Discussion of Amendments to StandatrJ Opelation Policy and Procedure dealing with hours of work, overtime compensation, and holidays - Discussion of Surplus Real Property Lot 63, Block 14 of Thousand Springs Subdivision No. 5 - Discussion of ESGR statement of Support - Update on Area of Impact Action - Fugitive Dust Issue - Executive Session per Idaho State Code 67-2345(1)(f) The publiC is welcome to attend the meeting. DATED this th of May, 2004. 33 EAST IDAHO AVENUE. rvfF,;RlDIAN.1DAHO 83642. (208) 888.4433 City Clerk Offi(:C pJ)[ (208) 888.4.218 . Hurn~n Resou..c~~ Fal( (208) 884-3723 . FinllJlCe & UtiHty Billing F<IX (208) 887.4S 13 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 11,2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: x X' . Shaun Wardle ~ Bill Nary Charlie Rountree =x= Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Ctrnl ~f.e.d./ 3. Community Invocation by Pastor Stan Kelly with Capital Christian Center: f'reJ~d- 4. Adoption of the Agenda: tfl;jP-n.JV'l(' tZ,f a/~d~1:J 5. Consent Agenda: A. Approve Minutes of April 20, 2004 City Council Regular Meeting: 4f~~v-v> B. Tabled from May 4, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed SaQuaro Canvon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: aprl/~ C. Tabled from May 4, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-032 Request for Preliminary Plat approval of 461 single-family building lots and 43 common lots on 140.25 acres in a proposed R-4 zone for proposed SaQuaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: WffYPv--<- D. Tabled from May 4, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-058 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontages, lot sizes, and minimum house size and permission to have two cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for proposed SaQuaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: 6Lf ~I/'L- Meridian City Council Agenda - May 11,2004 Page 1 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconnnodation for di5llbilities related to documents and/or bearing please contact the City Clerk's Office at 888-4433 at least 48 hOlus prior to the public meeting. E. Findings of Fact and Conclusions of Law for Approval: VAC 04-001 Request for a Vacation of sewer easements on Lots 13 & 14 of Tavlor Subdivision by Larry and Becky Palmer - west of North Meridian Road and north of West Franklin Road: t7pf--rvv~ F. Findings of Fact and Conclusions of Law for Approval: RZ 04- 003 Request for a Rezone for .17 acre from I-L to 0- T zones for Brandon Wriaht by Brandon Wright - 631 West 1st Street: 6-ffYDlI>J../ ? - G. Findings of Fact and Conclusions of Law for Approval: RZ 04- 001 Request for a Rezone of .353 acres from R-4 to O-T zones for NIDAYS Addition by Merlyn and Brandon Schmeckpeper - 230 West Pine Avenue: - ~ .... _ tl--/n-r1vUj k pre-p~ 6J~ ptCcel'lrnJ t.J/I1vc?r.-t4tfe of ~~ H. Order Accepting Withdrawl of Application: CUP 04..Q05 Request for a Conditional Use Permit for an accounting and dispatch office in a proposed Q-T zone for NIDAYS Addition by Seal Co. - 230 West Pine Avenue: Ctf'fY'Pv""-' I. Order Accepting Withdrawl of Application: CPA 04-001 Request for Comprehensive Plan Amendment to add a Land Use Consistency Matrix to Meridian's Comprehensive Plan by The City of Meridian Planning and Zoning Department: Wf'7'7'o V"'-" J. Estoppel Certificate for Citicard Proiect in Silverstone Business Campus: cvprv-<.. K. License Agreement for the 2004 Waterline Improvement Proiect. Eagle Road Waterline Extension: tlJ!lf't'17 11'-<--' L. License Aareement for the Phase 1 Black Cat Trunk Sewer: a.f'r"f""> ~ M. Agreement for Professional Services - Locust Grove Road Rebuild, Franklin to Fairview (Water & Sewer) with Civil Survey Consultants: a.; j1f"'d V"- 6. Department Reports: 7. (Items Moved from Consent Agenda) 8. FP 04-029 Request for Final Plat approval for re-plat of Troutner Park Subdivision Lots 4-5 and 10-15, Block 2; Lots 1-3 and 5-8, Block 3; Block 4; and Lot 3, Block 5 consisting of six commercial building lots and one common lot on 17.26 acres in a C-G zone for Troutner Park Subdivision No.2 by Mary Ballantyne - west of North Meridian Road and south of West Franklin Road: Nf'prcV""- Meridian City Council Agenda - May 11,2004 Page 2 of3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 4& hours prior to the public meeting. 9. 10. 11. 12. 13. 14. 17* TE 04-001 Request for a Time Extension for recording of the Final Plat for Gemtone Center Subdivision No.5 by Engineering Solutions, LLP - west of North Eagle Road and south of East Fairview Avenue: ~ftV-" Public Hearing: PFP 04-001 Request for Preliminary Final Plat approval for 3 residential building lots and 1 common lot on .73 acre in an R-15 zone for Troy Place Subdivision by PPN, LLC -1236 East 2 % Street: ~/l-b'l- fo fH"o/'tvH.. P/:?-t cl.-( ,,4..- ~ Public Hearing: CUP 04-003 Request for a Conditional Use Permit for a Planned Development to allow for a multi-family development consisting of 1 tri-plex and 2 four-plexes with reduced street frontage, setbacks and minimum lot width requirements in an R-15 zone for Troy Place Subdivision by PPN, LLC - 1236 East 2 % Street: aP~1 ro ~~ ,/;':[:1 c/fJm- p'-;~v......e:... Public Hearing: AZ 03-038 Request for Annexation and Zoning of 21.38 acres from C-2 to C-G zones for proposed Mussell Comer Subdivision by Pinnacle Engineers, Inc. - northeast comer of East Victory Road and South Meridiar].. Kuna Highway: C{f>--~ ...f.; 5-2-$-&4- Public Hearing: PFP 03-007 Request for Preliminary Final Plat approval of 4 commercial building lots on 21.38 acres in a proposed C-G zone for proposed Mussell Comer Subdivision by Pinnacle Engineers, Inc. - northeast comer of East Victory Road and South Meridian Kuna Highway: c~~ ,A.. ~- 2-> -C) 4- Public Hearing: CUP 03-071 Request for a Conditional Use Permit for a Planned Development to allow the construction of a combination feed store and gas station I convenience store on one of the proposed lots and to allow the existing commercial and residential uses to remain and the property for Mussell Comer Subdivision by Pinnacle Engineers, Inc. - northeast comer of East Victory Road and South Meridian Kuna Highway: C'~hvw:.- -H> 5;>2-5 -o,/- Ef(ec:u~ S (Z)J/)J,.", _ 6 7- 2- '3 4-ti (r ) (f) fr.."U ~Ci":r 1\7-.- 6- !J-efM~ /!Lf'~r1J #-~~U~~~h . /- 1J..Ye~ (lFvt:fq (/c..e.It,fe. n,1-e~/ke-d 1P1J1v N:-hvp&>-lln~,~('a,",- ..t-""P'Y7aflnv Mr-h-,i-f ~ f=I'Jtch.--uf.evp'..e Sef-/e~ f tt./&i-~ G-OS("IYI-J :. appr-ov.u 13-P1a~. - ... 1_ C~ S'f?/,'K-P1>-Jt--J-f-J t (h'"ejJcvt..R. ./l..e- J ~ ur- k w~V1tL "2 - JNMh. P;-l>trtJ--vn..--: tiFl'r>ov-<. .Jr5"-6;"Ooo 6Ad;p-i Meridian City CounciI Agenda - May 11, 2004 Page 3 of3 A1I materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Offic~ at 8884433 at least 48 hours prior to the public meeting. ;&-- ~b?r'-/~ ~v"d,pprne_c- (!OfJ?/rc(t)1.A..ht-- .. ...._ ..__? f1...e~t- ~(Zef'VtJ t.lilUdS May 20, 2004 MERIDIAN CITY COUNCIL MEETING May 25, 2004 APPLICANT ITEM NO. _It. ~ REQUEST Approve minutes of May 11, 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: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: ~c? Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 11, 2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Bill Nary X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Completed 3. Community Invocation by Pastor Stan Kelly with Capital Christian Center: Presented 4. Adoption of the Agenda: Approve as Amended 5. Consent Agenda: A. Approve Minutes of April 20, 2004 City Council Regular Meeting: Approve B. Tabled from May 4, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed SaQuaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Approve C. Tabled from May 4, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-032 Request for Preliminary Plat approval of 461 single-family building lots and 43 common lots on 140.25 acres in a proposed R-4 zone for proposed SaQuaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Approve D. Tabled from May 4, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-058 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontages, lot sizes, and minimum house size and permission to have two cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for proposed Saauaro Canyon Estates Subdivision by Meridian City Council Agenda - May 11, 2004 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48ltours prior to the public meeting. Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Approve E. Findings of Fact and Conclusions of Law for Approval: VAC 04-001 Request for a Vacation of sewer easements on Lots 13 & 14 of Taylor Subdivision by Larry and Becky Palmer - west of North Meridian Road and north of West Franklin Road: Approve F. Findings of Fact and Conclusions of Law for Approval: RZ 04- 003 Request for a Rezone for .17 acre from I-L to 0- T zones for Brandon Wriaht by Brandon Wright - 631 West 1 st Street: Approve 7-G. Findings of Fact and Conclusions of Law for Approval: RZ 04- 001 Request for a Rezone of .353 acres from R-4 to Q-T zones for NIDAYS Addition by Merlyn and Brandon Schmeckpeper - 230 West Pine Avenue: Attorney to Prepare Order Accepting Withdrawl of Application H. Order Accepting Withdrawl of Application: CUP 04-005 Request for a Conditional Use Permit for an accounting and dispatch office in a proposed Q-T zone for NIDAYS Addition by Seal Co. - 230 West Pine Avenue: Approve I. Order Accepting Withdrawl of Application: CPA 04-001 Request for Comprehensive Plan Amendment to add a Land Use Consistency Matrix to Meridian's Comprehensive Plan by The City of Meridian Planning and Zoning Department: Approve J. Estoppel Certificate for Citicard Proiect in Silverstone Business Campus: Approve K. License Agreement for the 2004 Waterline Improvement Proiect, Eagle Road Waterline Extension: Approve L. License Aareement for the Phase 1 Black Cat Trunk Sewer: Approve M. Aareement for Professional Services - Locust Grove Road Rebuild, Franklin to Fairview (Water & Sewer) with Civil Survey Consultants: Approve 6. Department Reports: A. Public Works Department - Gary Smith Meridian City Council Agenda - May 11, 2004 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( 1. Three Party License Agreement with Nampa Meridian Irrigation District - Finch Lateral Sewer and Water Crossing: Approve B. Mayor's Office 1. Care Statements: Prepare Resolution for Approval 2. Intern Program: Approve $5-6,000 Budget 3. Economic Development Coordinator: Next Meeting Discuss 7. (Items Moved from Consent Agenda) 8. FP 04-029 Request for Final Plat approval for re-plat of Troutner Park Subdivision Lots 4-5 and 10-15, Block 2; Lots 1-3 and 5-8, Block 3; Block 4; and Lot 3, Block 5 consisting of six commercial building lots and one common lot on 17.26 acres in a C-G zone for Troutner Park Subdivision No.2 by Mary Ballantyne - west of North Meridian Road and south of West Franklin Road: Approve 9. TE 04-001 Request for a Time Extension for recording of the Final Plat for Gemtone Center Subdivision No.5 by Engineering Solutions, LLP - west of North Eagle Road and south of East Fairview Avenue: Approve 10. Public Hearing: PFP 04-001 Request for Preliminary Final Plat approval for 3 residential building lots and 1 common lot on .73 acre in an R-15 zone for Trov Place Subdivision by PPN, LLC - 1236 East 2 }'2 Street: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 11. Public Hearing: CUP 04-003 Request for a Conditional Use Permit for a Planned Development to allow for a multi-family development consisting of 1 tri-plex and 2 four-plexes with reduced street frontage, setbacks and minimum lot width requirements in an R-15 zone for Troy Place Subdivision by PPN, LLC - 1236 East 2 }'2 Street: Attorney to Prepare Findings of Fact and Conclusions of Law for Approval 12. Public Hearing: AZ 03-038 Request for Annexation and Zoning of 21.38 acres from C-2 to C-G zones for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast comer of East Victory Road and South Meridian Kuna Highway: Continue Public Hearing to May 25J 2004 Meeting 13. Public Hearing: PFP 03-007 Request for Preliminary Final Plat approval of 4 commercial building lots on 21.38 acres in a proposed C-G zone for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. - Meridian City Council Agenda - May 11, 2004 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. northeast corner of East Victory Road and South Meridian Kuna Highway: Continue Public Hearing to May 25,2004 Meeting 14. Public Hearing: CUP 03-071 Request for a Conditional Use Permit for a Planned Development to allow the construction of a combination feed store and gas station I convenience store on one of the proposed lots and to allow the existing commercial and residential uses to remain and the property for Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: Continue Public Hearing to May 25, 2004 Meeting 15. Executive Session Per Idaho State Code 67-2345(1)(f): No Decision Meridian City Council Agenda - May 11,2004 Page 4 of 4 All materials presented at pubIic meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 8884433 at Ieast 48 hours prior to the public meeting. Meridian City Council Meetinq May 11. 2004. The regular meeting of the Meridian City Council was called to order at 7:25 P.M., Tuesday, May 11,2004, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, William Nary, Keith Bird, Charlie Rountree and Shaun Wardle. Staff Present: Bill Nichols, Will Berg, Anna Powell, Brad Watson, Bill Musser, Gary Smith, Kenny Bowers, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Shaun Wardle X Charlie Rountree X X Bill Nary X Keith Bird Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call the City Council regular meeting to order. It's Tuesday, May 11th. It is 7:25 and I'd like to welcome you all here with us tonight. I will start with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item NO.2 is the Pledge of Allegiance. If you will, please, stand and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Stan Kelly with Capital Christian Center: De Weerd: Thank you so much. Item No.3, our community invocation, will be led by Pastor Stan Kelly with the Capital Christian Church. Thank you for joining us. Kelly: Thank you, Mayor, and City Council. I'll set a good example by being brief. Lees pray. Lord, we thank you for this beautiful place called Meridian, Idaho. We thank you that you would bless these discussions that take place tonight. Lord, we ask that you would give, Lord, the Council wisdom, you would give them discernment, and that you would give them consensus. Oh, Lord, we ask one more thing. We could really use that civic recreation center, so would you help us with that. We ask these things in your precious name, amen. Item 4: Adoption of the Agenda: Meridian City Council Meeting May 11,2004 Page 2 of 20 De Weerd: That was a shameless plug, I might add. We do appreciate the partnership we have had with the faith community in attending the luncheon that we held in January to start the dialogue. We feel it's very important to enter into a partnership with the faith community and that all of our religious beliefs are represented at the table to bring multiple solutions to many of the issues that face our community. So, we appreciate your attendance here tonight and leading us off with such optimistic vision. Okay. Item No.4 is adoption of the agenda and I would like to request to Council to add a Mayor's report to follow up on the items that I discussed last week and told you l'd come back and report on this week. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the agenda under Consent, Items G and H, has been requested to be pulled. We had 6-A for Public Works under Department Reports, 6-B, the Mayor's Office Report. And under the regular, 12, 13, and 14 has been asked to be continued to May 25th, 2004. Item 15 is an Executive Session per Idaho Code 67-2345(1)(f). And with that I move that we approve the revised agenda. Rountree: Second. Powell: Madam Mayor, excuse me. To the maker of the motion, Item H did not need to be withdrawn from the Consent Agenda. And I did have a chance to talk to the applicant regarding Items 12, 13, and 14. He said a month would be okay, if you'd rather do a month. Bird: You're right. And back to -- if the second will agree, Item H -- just Item G that we are going to pull from the Consent Agenda. Item H stays, which -- Rountree: I agree. Bird: -- will clarify that. And we will still keep the continued to May 25th on the other. Powell: Okay. De Weerd: Okay. It's been moved and seconded to adopt the agenda as amended. Any further discussion? All those in favor say aye. All ayes: Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of April 20, 2004 City Council Regular Meeting: B. Tabled from May 4, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-027 Request for Annexation and Zoning ( Meridian City Council Meeting May 11,2004 Page 3 of20 of 140.97 acres from RUT to R-4 zones for proposed Saauaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: C. Tabled from May 4, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-032 Request for Preliminary Plat approval of 461 single-family building lots and 43 common lots on 140.25 acres in a proposed R-4 zone for proposed Saauaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: D. Tabled from May 4, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-058 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontages, lot sizes, and minimum house size and permission to have two cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for proposed Saauaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: E. Findings of Fact and Conclusions of Law for Approval: VAC 04-001 Request for a Va<;:ation of se\IVer easements on Lots 13 & 14 of Taylor Subdivision by Larry and Becky Palmer - west of North Meridian Road and north of West Franklin Road: F. Findings of Fact and Conclusions of Law for Approval: RZ 04- 003 Request for a Rezone for .17 acre from I-L to Q-T zones for Brandon WriQht by Brandon Wright - 631 West 1st Street: G. Findings of Fact and Conclusions of Law for Approval: RZ 04- 001 Request for a Rezone of .353 acres from R-4 to 0- T zones for NIDA YS Addition by Merlyn and Brandon Schmeckpeper - 230 West Pine Avenue: H. Order Accepting Withdrawal of Application: CUP 04-005 Request for a Conditional Use Permit for an accounting and dispatch office in a proposed Q-T zone for NIDAYS Addition by Seal Co. - 230 West Pine Avenue: I. Order Accepting Withdrawal of Application: CPA 04-001 Request for Comprehensive Plan Amendment to add a Land Use Consistency Matrix to Meridian's Comprehensive Plan by The City of Meridian Planning and Zoning Department: J. Estoppel Certificate for Citicard Proiect in Silverstone Business Campus: Meridian City Council Meeting May] 1, 2004 Page 4 of 20 K. License Agreement for the 2004 Waterline Improvement Project, Eagle Road Waterline Extension: L. License AQ"reement for the Phase 1 Black Cat Trunk Sewer: M. AQ"reement for Professional Services - Locust Grove Road Rebuild, Franklin to Fairview (Water & Sewer) with Civil Survey Consultants: De Weerd: Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda, with the exception of Item G being pulled from the agenda and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda with the removal of 5-G. Is there any further discussion? Hearing none, Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Nichols: Madam Mayor? De Weerd: Mr. Nichols. Nichols: Madam Mayor, Members of the Council, with the letter from Schmeckpepers withdrawing their rezone application, do you want me to prepare an order accepting withdrawal of the application, like we have on the others? De Weerd: I think that Item G was to discuss that. Is that why you pulled it? Bird: No, we just pulled it to get it off. That's what they requested. They just pulled it. And do we need an order? Meridian City Council Meeting May 11,2004 Page 5 of20 Powell: Madam Mayor, Members of the Council, Messrs. Schmeckpeper have asked that they be allowed to withdraw the applications and, hence, that's what Mr. Nichols is asking about. Do you want to have him draft up an order accepting the withdrawal? Item 6: Department Reports: A: Public Works. De Weerd: Well, Mr. Nichols, I imagine, since you suggested it, it must be needed. So, yes, please. Okay. Item 6. We will have our Public Works Department. Watson: Thank you, Madam Mayor, Council Members. And I apologize for not getting this on by the deadline last Thursday. This was a situation where a series of events happened that the contractor was out on site starting to install some sewer or water and the license agreement with Nampa-Meridian, the developer, and the city, had not been approved by this body yet, so they were out there -- I think they still have equipment on site. I'm sure they do. This is a typical three party license agreement with Nampa-Meridian Irrigation District. I reviewed it and it's, essentially, the same as every other agreement that you have approved, other than the site and the developer. So, I appreciate your approval on this tonight. De Weerd: Is there any questions from Council? Okay. Do we have a motion? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we approve the three-party license agreement with Nampa-Meridian Irrigation District, Finch Lateral Sewer and Water Crossing, received May 30th, 2004 -- or, excuse me, May 11th. Nary: Second. De Weerd: Okay. It's been moved and seconded to approve the agreement by Public Works. Is there any further discussion? Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. B: Mayor's Office Report. De Weerd: Thank you. Okay. For my report I had talked with you last week about the summer intern program, the value statements, and an economic development position. You should have in front of you -- I did e-mail to all of staff and Council our statements for our values of customer service, accountability, respect, excellence, which spells Meridian City Council Meeting May 11,2004 Page 6 of20 CARE, and would like to have that accepted. Since I did not get any comments back, I thought you might not have any questions. Rountree: I had none. Nary: I have none. De Weerd: Okay. Are you okay with the statements that support each of those values? Bird: You bet. Rountree: Do you need a motion or-- Bird: Do you need a motion? De Weerd: With the Mission Statement, I believe that we had a resolution adopting those. Mr. Nichols, would that be advisable? Nichols: Madam Mayor, Members of the Council, I thought we had prepared a resolution to adopt those and, then, forwarded that already. De Weerd: Oh, for these statements? Nichols: Not for the CARE statements. Excuse me. That was the mission and vision. Excuse me. De Weerd: Yes. We had those. Do we need one for these as well? Nichols: I think if you're going to make it policy, that would be the best way to do and so we will prepare -- De Weerd: Okay. Well, that would be my suggestion to Council. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess, then, I would move that we bring forward a resolution adopting those CARE statements as policy of the city. Wardle: Second. De Weerd: It's been moved and seconded to draw up a resolution accepting the statements for our values. All those in favor? All ayes. Motion carried. MOTION CARRIED: ALL AYES. ( Meridian City Council Meeting May 11,2004 Page 7 of 20 De Weerd: I do want to invite you all and remind City Council of our ribbon cutting ceremony and open house at Fire Station No.3. It is this Saturday at 11 :00 a.m. on the fire station on Locust Grove at 3545 North Locust Grove. Okay. You have in front of you the intern program that Councilman Nary had brought up several weeks ago and it details out which department would like to utilize interns and what that cost -- that associated cost would be, what is in each individual department's budget. Those that are not budgeted for come to an estimate of 11,960 dollars. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess I'm a little confused. This program that we talked about a couple of weeks ago, I guess isn't what I'm reading on this statement. I think what I had envisioned was a little bit different and let me just backtrack for a second. What we had talked about was, essentially -- there were interns that we use in different departments, they are already funded, there is a few of these that are on here that are already funded and that wasn't what I was looking to mess with. I recognize there are specific needs in some departments for specific expertise of interns, whether they be college students or the like for that. What I was talking about was a program that would provide some connection between Meridian students, either high school students, or Meridian college students, and for varieties of other types of tasks that didn't necessary deal with specific expertise. What I guess I was hoping for or anticipating was similar to what the first paragraph here for Planning and Zoning was -- is a high school student, 100 hours, six dollars an hour, possibly a second one. So, essentially, a 600-dollar cost for a summer intern of a high school student. The intern one in the IT paragraph doesn't tell me if that's a student from Meridian or from somewhere else. The Public Works wants the same thing. The police department already has a program. Parks and Recreation already has a program, it's already funded, it doesn't tell me where this student normally would be -- it says he goes to U of I. It doesn't say where he comes from otherwise. And for your office, since you advertise at the colleges for these positions -- and, again, I don't know if these students are Meridian citizens. And maybe I wasn't clear or maybe -- again we are talking about two different things, but we also talked about a cost of around five or six thousand dollars and this is for almost 12,000 dollars. So, I guess I'm a little confused. It wasn't what I was thinking we were talking about a few weeks ago. I think it's a little different. I'm not saying it's bad, it just wasn't what we were talking about. De Weerd: Well, Mr. Nary, it is -- for the criteria that you set out, we didn't think we had to reemphasize it in this piece of paper, but that is the criteria you talked about, that is what we would be looking at, and when they were at the college fairs this was just to indicate an interest at that time, not for anything specific, but if we were to develop a program in the future what -- would there be interest by the area schools that we do have. We do have a number of Meridian residences, both college students and high schools, that have indicated an interest and certainly once this past discussion, the HR Meridian City Council Meeting May 11,2004 Page 8 of20 department can get a hold of the local high schools and see what the interests are. You did ask -- you did set a parameter on the salary or the amount, but you did say who would have interest and so each of those submitted what they would have an interest in, what they could utilize, and it's now yours to do with what you would like to. Nary: Ah. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: And I appreciate that and also I'm sensitive to the cost estimate or the cost comfort level that the Council had before. What I don't see on here -- and I understand this is a rough draft. What I don't see is specific -- essentially, a job description for this internship how those people would be measured and how this would benefit their education and their practical experience and I understand those things need to come, but I'm -- as far as Planning and Zoning student for data entry, who would supervise that individual? How would they be -- how would their training affect staff's time, all those kinds of things that I think are important and I think this is an important program, but I think it needs reworked a little bit, as far as the -- our operating procedures internally. I don't think that we can just jump into it and I guess give it a whirl. I don't want to adversely affect anyone's education. De Weerd: Well, Mr. Wardle, it would -- we can get further detail, but those specifics werentt generally asked for, it was, first, if there is a need and this is a response to that question. We can certainly bring back more detailed information. There is a job description for mine and that's been on file with the HR department for a couple of months and so certainly -- and I believe that I had sent out a copy of that to each Council member when they submitted it to HR. So, you have seen those. We can bring further detail back on the other ones. It also depends on whom we get in the position. If they need college credit, it has different criteria than if it's for salary. So, we would also have to look at what students we would be looking at for the particular position on what the exact criteria in tracking would be. So, I don't know how to wrap my arms around that, but I certainly will tell HR that further information is needed and she can certainly come back with you next week and provide more detail. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I think you have accomplished what you set out to do that demonstrates there is a need for the intern program. The real fundamental question I have are these extensions of cost per hour for hours worked. I would guess that in terms they are no different than any other employee in terms of benefits and those sorts of things, at least Social Security and some fundamental other costs to -- from employment. So, we have doubled our anticipated amount for the program and I think there is yet some other cost Meridian City Council Meeting May I I, 2004 Page 9 of 20 to the program if we were to implement this one. So, I don't think extension of hourly costs are realistic. But I think the program is needed, so we have to determine what -- what budget level we are going to dedicate to the program. But I guess this is a question for Pauline or somebody. Do we have to pay Social Security? Do we have to pay some other basic benefits to these empJoyees? Unless we are contracting with the school for them to provide the interns and simply pay a fee, which is another approach to an interpret program. De Weerd: And that was discussed as well, as more of a stipend. As you can see in the police department, they were looking more for a stipend than a salary, I believe. Is that correct, chief? Musser: That's correct, Madam Mayor. Also, for Members of the Council in regards to Councilman Rountree's question, the stipend traditionally is considered a contractual type of a payment agreement, from my understanding, which means that we wouldn't necessarily be responsible for the FICA or federal tax withholdings. Technically, they could receive that information and we can track it in the form of a W-9 and that W-9 puts the responsibility on them to report it and so include it with their -- with their own tax reports. So, we do have some access there and it would help us and narrow those numbers down significantly. De Weerd: But we can bring that information back again next week. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Thank you for clarifying, too. I mean I would agree with Councilman Rountree. I mean I think the departments have shown there is a need and I would anticipate, like Councilman Wardle's request, that there would be viable work and they would have all of those other things he said and so I think just some of the costs things is really all we need, then, going forward, since all the other criteria has been met, that's fine. De Weerd: Okay. So, next week we can bring back a total cost. Do you want to set up parameters to bring that back with, so we can whittle that down? Nary: By parameter, you mean how much funding -- De Weerd: Yes. Nary: I guess I'm still -- J'm still of the mind set of five or six thousand dollars, unless -- again, some of these are for two, you know, maybe there is only one this year. You know, see how the program works and if the Council certainly, I guess, wants to go up as high as 10 or 12 thousand dollars, it can, and I mean if there is money there, but I think it's -- I think right now I'd still want to stick somewhere in that five or six thousand dollar range to at least see how this gets off the ground. Meridian City Council Meeting May 11, 2004 Page 10 of20 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would agree with Councilman Nary on the fact that this is the first year and I would like to -- you know, I'm sure it's going to be very, very successful, but there is also the chance it might not be successful. So, I would like to stay with the five, six thousand dollars this year, and let's get it -- the program set up and, then, from year to year we can grow it as we see fit. De Weerd: Okay. Thank you. Okay. The following item is on the economic development coordinator. And if you haven't had time to look at this, certainly we can hold it over until next week. Bird: I would prefer that, Madam Mayor. Item 7: (Items Moved from Consent Agenda) Item 8: FP 04-029 Request for Final Plat approval for re-plat of Troutner Park Subdivision Lots 4-5 and 10-15, Block 2; Lots 1-3 and 5-8, Block 3; Block 4; and Lot 3, Block 5 consisting of six commercial building lots and one common lot on 17.26 acres in a C-G zone for Troutner Park Subdivision NO.2 by Mary Ballantyne - west of North Meridian Road and south of West Franklin Road: De Weerd: Okay. Okay. Item 8 is FP 04-029. Start with staff comments. Powell: Madam Mayor, Members of the Council, this is the final plat for Troutner Park Subdivision No.2. You will recall this came through -- they are primarily consolidating a number of lots for the West Boise RV Park and they have gotten their final vacation approvals from the Ada County Highway District and I have now submitted the final plat. It is in substantial compliance with the approved preliminary plat and staff is recommending approval and I have talked to Mr. Ericson of Keller and Associates and he indicated that the applicant was in agreement with the conditions of approval and I'm getting a nod from Mr. Ballentyne as well, so I believe that all issues have been resolved. De Weerd: Thank you. Any questions for staff? Bird: I have none. Rountree: I have none. Wardle: Madam Mayor? Meridian City Council Meeting May 11,2004 Page 11 of20 De Weerd: Mr. Wardle. Wardle: Madam Mayor, hearing no more questions, I move that we approve FP 04-029, final plat for Troutner Park Subdivision No.2. Bird: Second. De Weerd: Okay. It's been moved and seconded to approve Item NO.8. Any further discussion? Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 9: TE 04-001 Request for a Time Extension for recording of the Final Plat for Gemtone Center Subdivision No.5 by Engineering Solutions, LLP - west of North Eagle Road and south of East Fairview Avenue: De Weerd: Thank you. Item 9 is TE 04-001. Powell: Madam Mayor, Members of the Council, this is a time extension for the Gemtone Plat. I have showed the vicinity map, just because it's kind of an odd parcel and it's helpful to see how it relates. It does connect and extend Pine Avenue to its west property boundary as shown here. They are -- the applicant's statement says they are nearing completion and that instead of bonding, they wanted to get a time extension on the plat and staff has reviewed it and it's recommending approval of the one-year time extension. De Weerd: Okay. Council, do you have any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no comments, I would move that we approve TE 04-001 time extension for a period of one year to May 1 st, 2005. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve Item NO.9 to May 1 st, 2005. Any further discussion? Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. . Meridian City Council Meeting May 11, 2004 Page 12 of20 Item 10: Public Hearing: PFP 04-001 Request for Preliminary Final Plat approval for 3 residential building lots and 1 common lot on .73 acre in an R-15 zone for Troy Place Subdivision by PPN, LLC - 1236 East 2 % Street: Item 11: Public Hearing: CUP 04-003 Request for a Conditional Use Permit for a Planned Development to allow for a multi-family development consisting of 1 tri-plex and 2 four-plexes with reduced street frontage, setbacks and minimum lot width requirements in an R-15 zone for Troy Place Subdivision by PPN, LLC - 1236 East 2 % Street: De Weerd: Thank you. Okay. Items 9 and 10 are for applications PF 04-001 and CUP 04-003 for Troy Place Subdivision. I'll open the Public Hearing with staff comments. Powell: Madam Mayor, Members of the Council, this area is just north of -- kind of the downtown core and it's on East 2 1/2 Street, as shown there. There is a beauty salon to the south of the property and a single-family residence to the north. The kind of interior of this block is largely vacant, as you can see. There are some single-family homes down here that back -- their lots back onto this property, but the homes are quite a distance away. The applicant has brought forward a combined preliminary and final plat. The plat is necessary to put each apartment building on its own lot and, then, there is one common lot that holds the drive aisles and the parking lots and they are seeking a Conditional Use Permit, they are seeking approval of one triplex, which they have actually already gotten approved through the City Council and, then, two additional four-plex units at the east end of the site. One here and one here. They would all take access from this internal drive. It's a 25-foot wide drive that comes up through the property and, then, there is an approved turnaround at this location. Then, they'd come back out. Actually, the approved turnaround is here. Sorry. There is a basketball court and a picnic area included on the site as part of the PO application. The area is currently designated as high density residential on the Comprehensive Land Map Plan and this is -- complies with that designation. Their overall density is 15-units to the acre. They have requested a number of setbacks and it always gets difficult to determine what's the appropriate front, side, and rear setbacks on these ones where there really -- the lots are just accommodating the buildings, but they face a different way. The existing setback here, I believe, is six feet, so that would remain. They are proposing, I believe, nine feet in this location. And, then, this -- can't read that dimension. That appears to be about 14 and one half feet, almost nearly 15 feet along the eastern boundary. I believe you also received a copy of a revised landscape plan. Mr. Hood did have a number of revisions that he required them to do in the landscape plan. ]t appears that they have met most of them. You will see a number of additional trees, particularly along the north boundary and the south boundary and the east boundary. It would appear that the landscape plan addresses those, but the timing of that was not stated, so I'll let Mr. Hood review that tomorrow. At the Planning and Zoning Commission they did hold a hearing on March 18th and they have recommended approval of this application with conditions. The applicant's representative Shawn Nickel testified in favor of the application. Two members of the public testified expressing concerns about the proposed development. The key issues of discussion Meridian City Council Meeting May 11, 2004 Page 13 of 20 and questioning by Commission included the open space requirements, both private and common, and landscaping adjacent to the single-family homes to the north. The two-story building backing up to the single family home to the south and let me show you that. It was -- the two people that testified were the homeowner here, which Mr. Palmer has worked very closely with to meet their needs and, then, the other testimony came from this property owner here and there is -- there is their house. The road capacity concerns on 2 1/2 Street and irrigation water and drainage runoff were the other items of discussion. The Commission made no major modifications to staff recommendations. They did add some additional landscaping to the north and required some landscaping in the long aisle of parking spaces in this location and some additional no parking signage and approval of the revised site plan, if it was approved by the fire department. Previously they had -- these three parking spaces went out -- extended out along here. It brought them to about -- the final one was about here, which exceeded the 150-foot requirement of the fire department, so they flipped them around to this side and it now meets the fire department standards. There appeared to be no outstanding issues before the City Council regarding this application. I do have some pictures of the site. This is the existing triplex. This is the salon to the south. I don't have the elevations. I'm sorry. The elevations for the department dwellings were fairly attractive. I can find them and put them on the overhead. I'm sorry. Sorry I can't get the lights brighter. That is the elevation for the apartment dwellings. They are fairly typical ones. The stairwell comes up the center and there is a small landing and, then, they do have balconies. I believe one of the discussions at the Planning and Zoning Commission was the 100 square feet of private usable open space and, as I recall, this application did meet that 100 square feet requirement. I think I will end staff's testimony there. De Weerd: Are you done? Powell: Yes. De Weerd: I'm sorry. Is there any questions for staff? Okay. Hearing no further -- or any questions for staff, is the applicant here? Nickel: Did you get lulled? De Weerd: Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Nickel: It is. De Weerd: Thank you. Please state your name and address. Nickel: Thank you, Madam Mayor. Shawn Nickel, 52 North 2nd Street in Eagle. I appreciate the time this evening. I'm going to be very brief. As you can tell, we have worked very hard with your staff, your Planning and Zoning Commission, the fire department, and also with the neighbors in trying to bring forward an appropriate PO Meridian City Council Meeting May 11,2004 Page 14 of20 application. I think we have a nice in-fill for this property. It meets the intent of what your Comprehensive Plan calls for in this area. Again, as I stated, we did meet with the neighbor to the north who had concerns regarding fencing and landscaping and Paul will get up in a couple minutes and he will express some concerns and explain to you how we are going to work those out with him. The other neighbor that spoke at the P&Z who Anna pointed out lived to the south, was concerned about the two-story structure. As you can see from that aerial, he's quite a distance from the north -- from his north property line, our south property line. In addition, there are a lot of -- and I have got a picture here I can give to Anna or I could show you, I guess. This is our south boundary. Powell: You need to give them to me, Shawn. Excuse me. Mr. Nickel. Nickel: Okay. As Anna puts those up there, you can see that our southern boundary is lined with a lot of deciduous trees, both on our property and the property to the south and so I think that's going to provide that gentleman with a nice buffer in the summertime for views of that two story and I think he was concerned about the balconies that were facing out there and, again, those will be screened by those trees, which propose to retain the majority of those. Again, we have no objection to any of the proposed conditions of approval and I will stand for any questions you have. De Weerd: Council, any questions? Bird: I have none, Mayor. De Weerd: Thank you, Shawn. Nickel: Thank you very much. De Weerd: Okay. I have a person signed up here that didn't print. I think it's Troy Palmer. I thought maybe it was Troy Place. If you would like to come forward. Did you want to provide testimony? Okay. Is there anyone else who would like to provide testimony? Okay. Thank you. We will get -- I will ask that you be sworn in. Is the testimony you provide tonight the truth, the whole truth, and nothing but the truth, so help you God? Stevens: Yes, I do. De Weerd: Thank you. Please state your name and address. Stevens: Tom Stevens and I live at 1304 East 2 1/2. I live on the property just north of the Palmer place. De Weerd: Thank you, Mr. Stevens. Meridian City Council Meeting May 11,2004 Page 15 of20 Stevens: Madam Mayor and Members of the Council, I have talked with Mr. Palmer and we talked today about the -- again, the fence and the buffers between our place. I think that we won't have any problems as far as the fence and the landscaping between the two properties. The only problem that -- I don't know if it's really a problem, it's just finding out the actual pin placement of the property between our two places. I was looking at my property deed the other day and it's approximately about -- about a foot away from the fire hydrant that you see on that picture right there and when the surveyor came out he put a stake in about six inches from the edge of the right track of where my van is, so it's something that we just need to address to find out exactly where that pin placement is. They said there is a pin out in the middle of the road and that's straight away from the pin that's supposed to be on my property, so that's the only thing I feel that needs to be addressed as far any matters between Troy's place and my place. De Weerd: Okay. Well, thank you. Council, do you have any questions? Bird: I have none. De Weerd: Thank you very much. Okay. Is there anyone else who would like to provide testimony on this application? Okay. Mr. Nickel. Nickel: Thank you, Madam Mayor. Again, Shawn Nickel. As Tom did state, we are going to work with Tom and I'm going to get my surveyor back out there to make sure that we have surveyed that in the right place. It's a discrepancy of about a foot. Staff has given us some flexibility on where to locate our landscaping and our fence to make sure -- what Tom's main concern is, is when he pulls his van in that he has plenty of room to get out, which is -- it's a good concern and we are going to work with him to make sure that he's happy with what we do and staff has given us that flexibility to work with that, so -- De Weerd: Okay. Thank you. Any questions from Council? Okay. Thank you very much. Okay. Council -- is there any further testimony? Hearing none, do I have a motion to close the Public Hearing? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the Public Hearing on Items 10 and 11. Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing on 10 and 11. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council Meeting May 11,2004 Page 16 of20 Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Hearing nobody jumping up to testify or talk, I move that we approve PFP 04-001, preliminary and final approval for Troy Place Subdivision and for the attorney to draw up the proper papers and include all staff and public testimony. Rountree: Second. De Weerd: Okay. It's been moved and seconded to approve PFP 04-001. Is there any further discussion? Mr. Clerk, will you call roll? Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 11. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve CUP 04-003 for Troy Place Subdivision and have the attorney draw up the proper papers and include all staff and public testimony. Rountree: Second. De Weerd: It's been moved and seconded to approve CUP 04-003. Is there any further discussion? Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: AZ 03-038 Request for Annexation and Zoning of 21.38 acres from C-2 to C-G zones for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: Item 13: Public Hearing: PFP 03-007 Request for Preliminary Final Plat approval of 4 commercial building lots on 21.38 acres in a proposed C-G zone for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: Meridian City Council Meeting May 11,2004 Page 17 of20 Item 14: Public Hearing: CUP 03~071 Request for a Conditional Use Permit for a Planned Development to allow the construction of a combination feed store and gas station / convenience store on one of the proposed lots and to allow the existing commercial and residential uses to remain and the property for Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: De Weerd: Thank you, Mr. Clerk. Thank you. Items 12, 13, and 14 have been asked to continue. [believe I need to open up the three public hearings, so I will open up Public Hearing AZ 03-038, PFP 03-007, and CUP 03-071. These public hearings are open and it has been requested to move to May 21 st. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we continue the public hearings for Items 12, 13, and 14 to May 25th, 2004. Nary: Second. De Weerd: It's been moved and seconded to approve Items 12, 13, and 14, continue them to May 25th. [s there further discussion? All those in favor say aye. All ayes. Motion carries. MOT[ON CARRIED: ALL AYES. De Weerd: Item 15 is an Executive Session. [guess before we go to Item 15, I would like to put Bruce on the spot. Bruce is going to give us an update tonight on the situation at Centennial Park and getting our plat approved, so we can start building our park. Nothing Ilke putting you on the spot. Mills: No problem. Madam Mayor, Council Members, Bruce Mills, ACHD. What I did find out today, the construction plans are under review right now. Not as we speak, because they probably went home, but they are at the -- they were moved to the top of the list, so -- Nary: They never sleep. Mills: So, I'm hoping that we will get some approval in the next couple of days, by the end of the week. De Weerd: Thank you. Mills: Construction drawing, if you will. Meridian City Council Meeting May 11,2004 Page 18 of20 Bird: That's an awful big construction job. De Weerd: We appreciate that and appreciate your report. Item 15: Executive Session per Idaho Code 67-2345(1)(f). De Weerd: Okay. Item 15 is an Executive Session. Do I have a motion? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I move we go into Executive Session pursuant to Idaho Code 67-2345(1 )(f). Wardle: Second. De Weerd: Okay. It's been moved and seconded to adjourn into Executive Session. Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: De Weerd: I would entertain a motion to come out of the Executive Session. Bird: So moved. Wardle: Second. De Weerd: It's been moved and seconded to come out of Executive Session. All those in favor say aye. De Weerd: No decisions were made. ALL AYES. MOTION CARRIED. De Weerd: Just a reminder about Slate West Casualty Company. It's the first large company and large employer in the EI Dorado Business Park and their open house is next Friday the 21st from 3:30 to 6:30. Winston Moore has personally invited you all and would love to you see there. Also, William Hudnut will be speaking in Boise on May 1 yth prior to COMPASS and he also is speaker at the Idaho Historical Museum next Monday evening at 7:00 p.m. Bird: And they also are serving dinner aren't they? . Meridian City Council Meeting May 11,2004 Page 19 of20 De Weerd: What? Bird: At COMPASS that day? De Weerd: A lunch. Bird: A lunch I mean. De Weerd: Yeah. I grew up in a different era. That is lunch. It's the mid-day meal. Bird: That is lunch. Nary: (Inaudible). De Weerd: I will get you copies of the longevity awards. We did make some of the changes and put in more of a mail-oriented type of choice and so I will get those to you. Also, Gary Smith and Brad Hawkins-Clark put together a summary from (inaudible) Blakeslee report and I will get you a copy of that, too. Bird: We already got that. De Weerd: Oh, okay. I guess I had asked Peggy to do that. I forgot. Nary: Nice cover. De Weerd: J did. Nary: Okay. De Weerd: Yeah, it's on the record. Anyway, I would entertain a motion, unless anyone has anything else? Rountree: Madame Mayor. De Weerd: Mr. Rountree. Rountree: Move to adjourn. Bird: Second. De Weerd: It has been and seconded to adjourn. All those in favor, say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 9:15 P.M. . \ Meeting . CounC1 Meridian Crty , 1\ 2004 ) May 20 opo oOCEEO\t~GS Page I\-\ESE P" Pc ON f\LE Of llA ~ 6 J ~s J~ ~~EO May 7, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Farvvest, LLC AZ 03-027 May 11 t 2004 ITEM NO. 1)-8 REQUEST Tabled from 5-4-04 - Findings - Request for annexation and zoning of 140.97 acres from RUT to R-4 zones for proposed Saguaro Canyon Estates Subdivision - north side of East McMillar Road and east of North Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: I DAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See previous Item Packet See attached Memo See attached Email from Dave McKinnon Contacted: Emailed: Date:~ ~hane: Staff Initials: eetlngs shall become property of the City of Meridian. 1..age 1 or 1 Tara Green from: Brad Hawkins-Clark [hawkinsb@meridiancity.org] Sent: Friday, May 07, 200410:11 AM To: 'Jessica Johnson'; greent@cLmeridianjd.us Subject: FW: Saguaro Canyon Findings Memo ~ 1~ -r'lE--:'lD r -I" 'I> Ji-_....,/~ ,_,[1- _ " "" u ^ v .., 7 'If''fll, iVJi'.l U LUU., Tara/Jessica, City Of Meridian City Clerk Office Please forward the e-mail below to City Council reo Saguaro Canyon. Thanks, Brad -----Original Message----- From: Dave McKinnon [mailto:davem@pinnade-engineers.com] Sent: Friday, May 07,20049:53 AM To: 'Brad Hawkins-Clark' Subject: RE: Saguaro Canyon Findings Memo Brad, Justin and I just reviewed your suggested changes to the FF/CL for Saguaro Canyon, as well as reviewing the original FF/CL that were sent to me earlier this week and we are happy with the suggested changes to the FF/CL. Please feel free to forward this e-mail on to the Mayor and City Council indicating our agreement with the changes. Thanks for keeping us in the loop. Dave McKinnon -----Original Message----- From: Brad Hawkins-Clark [mailto:hawkinsb@meridiancity.org] Sent: Thursday, May 06, 2004 4:41 PM To: 'Jessica Johnson'; greent@ci.meridian.id.us; 'Marlene St. George' Cc: 'Dave McKinnon' Subject: Saguaro Canyon Findings Memo Attached is a staff memo to City Council for the May 11 council meeting for Saguaro Canyon Estates. SHC 5/7/2004 Me ,.. r' '"'n01 f; () .LU ~~ To: Mayor de Weerd & City Council From: Brad Hawkins-Clark ~\.\.L cc: City Clerk, City Attorney, David McKinnon (Pinnacle Eng.) Date: May 7, 2004 Re: Modifications to FF/CUDO for Saguaro Canyon Estates (AZ-03-027, PP-03-032) {~~ ~'.~':; ~2f l\lericlia.:n l....ny Uerk Office The subject Findings of Fact, Conclusions of Law and Decision and Order were tabled to your May 11 Consent Agenda to allow staff time to review the final documents. The CUP (03-058) appears clean. The following modifications are recommended for more clarity and accuracy in the Preliminary Plat and Annexation & Zoning documents: AZ-03-027 · #3, pg. 6, 3rd line - The correct number of buildable lots is 432, not 433. · #8, pg. 7, 1Slline - Strike ". . .v:hich will oome in up in Ph::lse 10." (This access road is intended to be used for a new residence earlier than Phase 10.) · #8, pg. 7, 2nd para, 3rd line - Strike ". . .other 3CCeSG," so it reads ". . .residence obtains other public access. . ." (NOTE: These same edits/changes appear in PP-03-032.) PP-03-032 · #17, pg.11 - Add a new paragraph to the end of condition #17 which is the condition #8 from AZ-03-027 pertaining to Mr. Brian McColl's language on the secondary access. (This is simply to keep consistency between the annexation and pre plat approval documents.) · Item "G", pg. 17 - Strike the Parks Department comment about the pathway "not connecting through the development." The revised plan shows the pathway extending aU the way through. · #4, pg. 18 - Add the phrase "See the attached exhibit" to the end of this paragraph and have the Attorney/Clerk attach the re-subdivision plan as an exhibit. With the above edits, staff recommends the final documents be adopted. April 29, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Farwest LLC AZ 03-027 May 4, 2004 ITEM NO. 5-A REQUEST Findings - Request for annexation and zoning of 140.97 acres from RUT to R-4 zones for proposed Saguaro Canyon Estates Subdivision - north side of East McMillan Road and east of North Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: j)o.Ve tvt-.I'L\nnQn . Date: 5...3~ 04 0 rrone: Emailed:-.do.vrmplpmr\aC\e-(nq~M CrY\" Staff Initials: ~ Materials presented at publiC meetings shall become property of the City of Meridian. See attached Findings tv ,l~ IJ;L tV 0/WD 'lc;:!I.,;;l ....... u. "-I1oJI. U"'"'t' J .Lllllc;H"...Lt::!' I:.JI6..lnt:::!lllC"r.~, .Lnc.. CU~-~~/-II~.1 p. 1 To: Will Berg City Clerk RECEIVED MAY -4 2004 Date: May 4, 2004 City of Meridian City Clerk Office Re: Saguaro Canyon Subdivision Dear Will, Will you please ask the COlillCil to table the findings for Saguaro (Items 5a,b,c) unlil next week so lhat we can have adequate time to review them. We just received them today, and the owner/developer has not yet had a chance to see them. Thank you for your help and consideration in this matter of business. 1{\AG{L ---" a e cKimlOll Land Use Planner, PINNACLE ENGINEERS, INC. MRY 04 '04 17=22 ':lIAO 00':' ':'':'01 t:Jr-.~c Q-1 WHITE PETERSON ATTORNEYS AT LAw KEVIN DINIUS JULIE KLEIN FISCH ER CHRISTOPHER D. GABBERT WM. F. GIGRAV, In T. GuY HALLAM n JILL S. HOLlNlCA JOHN R. KORMANIK * WILLIAlII A. MORROW WILLIAlII F. NICHOLS "* CANYON P ARKATTHE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 466-4405 CHRISTOPHERS. NVE PHILIP A. PETERSON TODD A. ROSSMAN TERRENCE R. WHITE n. * Also admitted in CA ** Also admitted in OR *** Also admitted in WA April 28, 2004 William G. Berg, Jr., City Clerk MERlDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: FARWEST, LLC / ANNEXATION AND ZONING FINDINGS / AZ DEVELOPMENT AGREEMENT / ORDINANCE & CERTIFICA nON OF CLERK / SUMMARY ORDINANCE AND SUMMARY ORDINANCE COVER LETTER / AZ-03-027 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of April 20, 2004, and which are on an upcoming Council agenda. I have also attached the original of the Development Agreement for the owner(s) and/or developer(s) signatures. After the Council meeting, ifCoUllCil approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings wIll need to be attached to the Development Agreement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owners(s) and/or developer(s) for signatures. Also, please find enclosed the above AZ Ordinance and the Certification of the Clerk for the annexation and zoning for the City of Meridian. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findines of Fact and Conclusions of Law and Decision and Order Grantine Application for Rezone are adopted. Additionally, I have enclosed a Summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council at the same time the full annexation and zoning ordinance is presented to Council for approval. If you have any questions arise, please advise. Z;\Work\M\Meridian\Meridian I 5360M\Saguaro Canyon Estates Sub AZ-03-027 PP-03-032 CUP-03-058\FFCL DEV AGMT ORD Clerk Ltr 04 28 04.doc ( BEFORE THE MERIDIAN CITY COUNCIL C/C 02/10/04 C/C 03/09/04 C/C 03/23/04 C/C 04/13/04 C/C 04/20/04 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 140.97 ACRES ) FOR PROPOSED SAGUARO ) CANYON ESTATES ) SUBDIVISIONFROM RUT TO R-4, ) LOCATED WITHIN SECTION 30, ) T4N, RIE, THE SQUARE MILE ) BORDERED BY CHINDEN BLVD., ) MERIDIAN, LOCUST GROVE AND ) McMILLAN ROADS, MERIDIAN, ) IDAHO ) ) FARWEST, LLC, ) APPLICANT ) Case No. AZ-03-027 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on February 10, 2004, and re-noticed for March 9, 2004, and continued until March 23, 2004, April 13, 2004, and April 20, 2004, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, Brad Watson of the Public Works Department, Dave McKinnon, Jolm Priddy, Mike Atkins, Stephanie Beehler, Jeff Papke, Barbara Nosek, Becky FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDMSION (AZ-03-027) PAGE I OF 22 McKay, Dean Briggs, Mike Youngberg, Grant Lee, Brian McColl, and Robert Greiner, 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. There has been compliance with all notice and hearing requirements set forth in Idaho Code 99 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, 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. 3. The property which is the subject of the application for annexation and zoning as described in the application, is approximately 140.97 acres in size and is located within Section 30, R4N., RIE, the square mile bordered by Chinden Blvd, Meridian, Locust Grove and McMillan Roads, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The owners of record of the subject property are Robert and Marlene Rhead and George and Betty Boyack and they have submitted an affidavit oflegal interest to allow the submission of subject applications. The Rheads own the 79.2 acre parcel that fronts on McMillan Road and the Boyacks own the other 60.9 acre parcel. Applicant is Farwest, LLC, represented by Justin Martin. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDNISION (AZ-03-027) PAGE 2 OF 22 5. The property is presently zoned RUT (Ada County), and consists of a single- family residence and vacant land. 6. The Applicant requests the property be zoned as R-4 (Low Density Residential). 7. The subject property is surrounded by the following properties and uses: North: Two, 10-acre parcels with single family residences and a 22.95-acre parcel with a single family residence, all zoned RUT (Ada Co.) South: Two lots in Crestwood Subdivision (5-acre lots), zoned RUT, and Cobre Basin (Havasu Creek Sub.), zoned R-4 (Meridian) East: One, lO-acre parcel with a single family residence, a 29.7-acre parcel with a single family residence, and Larkwood Subdivision (2-3 acre lots), all zoned RUT (Ada County) West: Two, 20-acre parcels with upper-scale residences and a 103.24-acre parcel with a single family residence, all zoned RUT (Ada Co.) 8. The Applicant proposes to develop the subject property in the following manner: a 432 lot residential planned development with 45 common lots, with the total lots being 478. 9. The Applicant requests zoning ofthe subject real property as R-4, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Medium Density Residential. 10. The North Slough Drain is a scenic feature that affects the consideration of this application. 11. The City Council recognized the concerns of the following individuals: .:. the Larkwood Homeowner's Association .:. Kenneth Christensen (letter dated 12/3/03) .:. Michael S. Adkins (letter dated 1/22/04) .:. John Priddy (letter dated 1212/03) Dean Briggs of Briggs Engineering, on behalf of Robert and Marlene Rhead, entered into the public record their letter of approval, and which is on file with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 3 OF 22 the Meridian City Clerk's office. 12. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: L Add a new condition to the Development Agreement (paragraph La.) which states: "No more than 50 homes can be built until both the North Slough Trunk and a second emergency access, constructed to the satisfaction of the Meridian Fire Department, are built." 2. Add a new condition to the Development Agreement (paragraph 1.b.) which states: "No more than 236 building permits will be issued until a second public access is available, either connecting to a platted stub street or the temporary use of the easement currently enjoyed by the Boyacks. If the latter is the choice, it will be paved and at least 20 feet wide." 3. Add a new condition to the Development Agreement (paragraph Lc.) which includes the following language, (Per City Council meeting April 20, 2004.): "There shall be a hold harmless agreement executed by the Applicant in favor ofthe City of Meridian that the Applicant will hold the City harmless from any and all damages for any failure to provide sanitary sewer service until it is available in the ordinary course of the City's sewer development program. Applicant agrees that by mmexing this property, City is under no obligation to provide sewer services to the property on the Applicant's timetable. No subdivision improvements beyond Phase 1 (that southerly portion of Saguaro Canyon Estates which will gravity flow to the lift station in Cobre Basin Subdivision) can begin until the North Slough Sewer Trunk's easements are finalized by the City and the trunk construction schedule is finalized with the civil contractor that is awarded the bid." B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. The applicant/owners shall enter into a Development Agreement (DA) with the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDNISION (AZ-03-027) PAGE 4 OF 22 Meridian. A condition of the DA shall be that the applicant participates in any road infrastructure agreements in the North Meridian Planning Area negotiated with ACHD and shall faithfully perfonn the terms of such agreement or agreements. 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 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 4. Any future subdivision, planned development, uses and construction shall comply with the City of Meridian ordinances in effect at the time. C. Adopt the ACHD conditions listed in their report dated November 13, 2004, which report lists required site-specific requirements, conditions of approval and street improvements. D. Adopt the action of the City Council taken at their Apri120, 2004 meeting as follows: For clarification: 1. Placed into record, and which is on file with the Meridian City Clerk's office, is the Letter of Approval and Acceptance from Grant and Joyce Lee, dated April 20, 2004. 2. The Applicant, Farwest, LLC, per their letter dated January 6,2004, pertaining to Larkwood/Saguaro Canyon Agreements, agrees to provide the following: a. A 25' height restriction (measurement at the peak, to allow for a second story bonus room only) on 4 lots in the Saguaro Canyon Subdivision along the Larkwood boundary (Lots 26, 41, 43 and 44, Block 9). b. To construct a vinyl fence with l' lattice on the top along the Larkwood west boundary. c. The Applicant has cut and reworked the lots on the original submittal from FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 5 OF 22 27 buildable lots to 20 buildable lots in the latest plat. The 20 buildable lots remaining on the Larkwood boundary average 13,268 square feet. These 20 lots are an average of 42.85% larger than the average lot in Saguaro Canyon. d. Tile the North Slough, North Slough #2 and the Rosti Laterals. Farwest, LLC will also tile any of the above mentioned ditches adjacent to the Larkwood west boundary regardless of their minor meandering across the legal lot lines. e. Provide a pressurized irrigation stub to each ofthe Larkwood lots adjoining Saguaro Canyon, providing the Larkwood homeowners transfer sufficient water rights to the pump station diversion point to provide for these stubs. 3. The Applicant submitted a revised preliminary plat dated April 6, 2004, in the corresponding preliminary plat PP-03-032, which removes several lots on the east, west and north boundaries. The revised plat proposes 432 buildable lots (vs. 442) and has a gross density of3.09 dulacre (vs. 3.15 du/acre). Other than the removal of ten (10) lots, no other modifications were made to the corresponding preliminary plat, PP-03-032, the April 6, 2004 preliminary plat is approved. 4. The Applicant also submitted a future re-subdivision plan for Lot 34, Block 28 (the 5-acre Boyack lot). 5. A detailed fencing plan shall be submitted upon application of the final plat. A 5-foot vinyl fence with one-foot of lattice on top is required adjacent to the Larkwood Subdivision. In addition, the Applicant has agreed to provide a stamped concrete fence adjacent to Lots 1-9, Block 33 and Lot 37, Block 28. 6. Prior to City of Meridian approval of a new, single-family building permit for the area shown as Lot 34, Block 28, the area shall be combined with Ada County parcel S0530244450 (the existing driveway) to create a single flag lot with frontage on Meridian Road. If not previously platted, said flag lot shall be included in the first final plat submitted that is north of Phase 5 (the existing Ada Co. parcel S0530244350). A one-time building permit is allowed to be issued for Ada Co. parcel S0530244350 (the 60.89 acre Boyack parcel) prior to final plat recordation. Any existing dwelling units on the parcel must be demolished prior to issuance of a new building permit. 7. A permanent pedestrian easement, in favor ofthe City of Meridian, shall be recorded for the regional pathway in each phase ofthe subdivision. The public easement shall be recorded for the pathway prior to occupancy of any structures in that particular phase of the subdivision. Submit a copy of the recorded easement to the Planning and Zoning and Parks Departments. The easement shall be sufficient width to cover the 1 O-wide pathway. The pedestrian easement is allowed to decrease to 6 feet wide FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDNISION (AZ-03-027) PAGE 6 OF 22 in front of Lots 7-12, Block 23 and Lot 71, Block 9, on the south side of E. Mesa Bluffs Street. Buildings are precluded from constructing within this easement. The 1 O~foot wide hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within the phase. Additionally, a note shall be added to the face of each final plat indicating the City of Meridian is responsible for the maintenance of the pathway surface located within the easement. Applicant shall conform to the Park's Department standards for construction of the regional pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. 8. Pertaining to the 24 foot access road, and which the Boyack 5-acre property is part of the total parcel in this annexation and zoning, the 24 foot access road shall be regulated as follows: Within the Development Agreement there shall be a provision that the 24 foot lane will be limited to use for one single-family residence on that five acres and no others, until such time as either that residence obtains other public access, and/or the five acres is approved for redevelopment. At that time, the 5-acre Boyack property shall either: 1) relinquish any rights to use that lane for access; 2) offer it for sale to either the property owner on the north or the property owner on the south, at appraised fair market value. 9. At the April 20, 2004 Council meeting, Dave McKinnon, the Applicant's representative, addressed the neighboring property owners concerns over traffic, density/transition, and collector roads. It is noted at the public hearing by Dave McKinnon as follows: Traffic: Traffic has always been a concern, and there has been a recent concern with the North Meridian Area Plan, as far as what is actually happening with it presently. The impact fees that are paid for these types of projects are spent in different areas currently, and you cannot have change in the road system without the impact fees. Without the development there are no impact fees, and there would not be the money to pay for the growth or for improvements in the roads in the future. This growth is helping to pay, through ACHD, for the fixing and building of roads in other areas and in the future these roads will be fixed and maintained by ACHD. Due to a large ditch that runs along McMillan Road the developer is not able to construct a secondary access onto McMillan Road. DensitvITransition: The reason for the 90 degree pie-shaped lots, which are located on the rear eastern end ofthe project, are that these lots would be only approximately two lots for every single one within Larkwood. Across the street the lots step down FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 7 OF 22 to 10,000 square feet; and which 10,000 square foot lots are still larger than the minimum lot size. As you go farther back into the subdivision until you cross the collector street those lots become smaller. The lots within the subdivision range from 9,200 sq. ft. up to 11 ,000 sq. ft. in size. Located on the interior ofthe subdivision are large lots. The smaller lots are located adjacent to the school site, to the Ashenbrenner's site, and across the collector street, to help provide for transition. The transition expands from east to west within the subdivision. Collector Roads: The City would like to see collector streets at the half-mile, but they don't have to align directly with the half mile, (such as the Lochsa Falls development) . The Priddy property does not want traffic running right along the side of their home and property, and the need for buffering this area could be addressed by having the street come in at the half-mile location, and then jog to the south. This would provide a buffer to the 24 foot wide street. The Developer is in agreement of getting rid of the 24 foot wide road once everything is developed. Upon complete build out of the Saguaro Canyon Subdivision, then the 24 foot wide access road is something that the Wilsons would have to work out with the Ashenbrenner property owners. 13. It is found that the requested zoning designation, R-4, is harmonious with and in accordance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Medium Density Residential". There is a minimum target density of three (3) du/acre in the Comprehensive Plan and Saguaro Canyon's gross density is 3.09 dulacre. The Future Land Use Map shows a potential public park site, regional pathway, and future school site in this section. The Applicant proposes to construct a lO-foot-wide regional path from the parcel's west boundary to the northeast boundary. Joint School District No.2 has purchased 40 acres of the lID-acre Aschenbrenner parcel to the west for a middle school site and they are not pursuing any further land acquisitions in Section 30 at this time. There is no awareness that any efforts of the Meridian Parks and Recreation Department is undertaking to acquire land within this section for a public park. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDNISION (AZ-03-027) PAGE 8 OF 22 The Comprehensive Plan contains policies which encourage development to be phased in accordance with their connection to the sewer system (policy #8, page 108 )and similar policies aimed at controlling growth. The majority of this development precedes the permanent sewer trunk line that is intended to serve this area (North Slough). The Comprehensive Plan policies which generally support the annexation request are as follows: Ch. V, Goal Ill, Obj. B. #7 Ch. VI, Bullet #2, pg. 71 Ch. VI, Bullet #5, pg. 71 Ch. VI, Bullet #1, pg. 73 Ch. VI, Goal II, Obj. A, #5 Ch. VI, Goal II, Obj. A, #6 Ch. VII, Goal III, Obj. B, #3 Ch. VII, Goal VI, Obj. C, #3 Ch. VI, Goal IV, Obj. A, #10 Ch. VI, Goal IV, Obj. A, #13 Ch. VII, Goal V, Obj. A, #8 14. It is not anticipated that the applicant intends to rezone the subject property in the future. This is the first urban-scale development and annexation application in Section 30, T4N, Rl E. Upon extension of the North Slough Trunk into this square mile, additional rezone requests are anticipated. 15. It is found that the proposed single-family residential subdivision would be allowed within the requested R-4 zone, with a Planned Development to allow the reduced frontages, lot sizes and house sizes. 16. It is found that the land directly south of the subject property was approved for development similar to the proposed subdivision in 2002 (Cobre BasiniHavasu Creek). There is an FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 9 OF 22 existing church (Holy Apostle's Catholic) approximately 260 feet north of this property's north boundary. Also, a new elementary school is currently being constructed in the northeast corner of the section (approved through Ada County), approximately 1,000 feet from the subject parcel. It is found that the requested zoning district (R-4) is harmonious with several other approved developments in the North Meridian Area (e.g. Havasu Creek, Bridgetower, Lochsa Falls, Cedar Springs). Neither McMillan or Meridian Road (between Chinden and McMillan) are programmed within ACHD's Five Year Work Program. McMillan Road is in ACHD's Capital Improvement Program and is anticipated to be reconstructed in 2018. The property is designed to sewer into a portion of the North Slough Trunk that is not yet constructed. It is found that the requested zoning and annexation could be deemed premature for this section (TAN., R.IE, Section 30) based on the Comprehensive Plan policies noted in 13 above. However, the approval of Havasu Creek Subdivision and the school district's intent to construct a new Middle School in the next two to three years demonstrates a certain degree of intent for the City to expand in this area. 17. It is found thatthe proposed single-family residential use will not change the existing rural character of the subject property. There are two estate-style properties abutting the west boundary and a low density, county development to the east. Neither of these is expected to redevelop in the near future. The intended character of the vicinity is a mix of urban and suburban scale developments on a generally gridded street system with a focus on single-family and multi- family housing at 3 to 8 d.u./acre. The proposed use is compatible with the Future Land Use Map. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 10 OF 22 The design and density conforms to most of the Comprehensive Plan policies. 18. It is not anticipated that the proposed residential uses will be hazardous. However, it is found that the new residences may be disruptive to existing agricultural practices to the west and north. 19. It is found that the property to be annexed will or can be served adequately by most essential public facilities and services if all conditions of approval are met by the applicant. The applicant shall be required to extend water mains to and through the proposed development, thereby making them available to the adjacent properties. The applicant and/or future property owners will be required to pay park and highway impact fees as well as construct on-site storm water drainage facilities. As noted under paragraph 13 above, the north two-thirds of the parcel are not served by sanitary sewer. There shall be a hold harmless agreement executed by the Applicant in favor of the City of Meridian that the Applicant will hold the City harmless from any and all damages fro any failure to provide sanitary sewer service until it is available in the ordinary course ofthe City's sewer development program. The Applicant agrees that by annexing this property, the City is under no obligation to provide sewer services to the property on the Applicant's timetable. No subdivision improvements beyond Phase 1 (the southerly portion of Saguaro Canyon Estates which will gravity flow to the lift station in Cobre Basin Subdivision) can begin until the North Slough Sewer Trunk's easements are finalized by the City and the trunk construction schedule is finalized with the civil contractor that is awarded the bid. Review of the ACHD, Police and the Fire Department comments concerning this subdivision FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 11 OF 22 will provide further information regarding public services and facilities. 20. It is found that there will not be excessive additional requirements at public cost for public services and facilities, if the applicant complies with the conditions of approval for the accompanying conditional use permit and preliminary plat applications. 21. It is recognized that traffic and noise will increase significantly upon build-out ofthe proposed subdivision. Referral ofthe TIS prepared by WGI that accompanies this application will provide specific details on traffic impacts. Specifically, the Red Horse Way/McMillan intersection (serving both Havasu Creek and Saguaro Canyon) will create congestion on McMillan Road, even with the center turn lane and right turn lanes constructed. However, it is not felt that the amount generated will be detrimental to the public welfare if all City and ACHD conditions of approval are met. It is found that the proposed subdivision will not involve uses that would create other nuisances that would be detrimental to the general welfare of the surrounding area. 22. It is found that the subdivision's vehicular approaches off of McMillan Road will need to be aligned with the existing public street on the south side of McMillan and comply with the turn lane and intersection control conditions imposed by ACHD. The other proposed roadways will need to be improved in compliance with ACHD requirements in order to alleviate interference with the existing and proposed intersections. Review of ACHD comments concerning vehicular approaches and traffic generation will provide additional information on this matter. ACHD has approved Saguaro Canyon application. 23. It is found that no natural or scenic features of major importance will be lost or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDNISION (AZ-03-027) PAGE 12 OF 22 damaged by approving the atUlexation and re-zone. The North Slough does bisect the property and is proposed to be piped underground. However, this facility is not considered to be a feature of"major importance" for the community. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 24. It is found that water, irrigation, solid waste, library and street services are available to the site. Sewer and fire service are readily available to approximately 50 of the 442 buildable lots. Existing elementary school capacity remains an important but undetermined factor for this subdivision. In his November 10,2003 letter to the city, Mr. Wendel Bigham states that "additional students will further compound the current overcrowded situation. Residents CaJlliot be assured of attending the neighborhood school." Both Havasu Creek and Paramount Subdivision, approximately Y2 miles to the west, have been approved for new elementary schools, although neither of these sites has a construction date at this time. Long-range planning in the North Meridian area has been underway since 2001. This area is a part of the North Meridian Area Plan. The proposed use and density generally comply with this plan. It is found that the annexation of this property mayor may not be in the best interest of the City. In particular, paragraphs 13 and 16 above, raise concerns about the timing of expanding the city limits into Section 30 (T4N, RIE) prior to all municipal and school district services being fully addressed. 25. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 12, and aU sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDNISION (AZ-03-027) PAGE 13 OF 22 condition of annexation and zoning designation. 26. It is also found that the development considerations as referenced in Finding No. 12 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is hannonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic) noise, smoke) fumes, glare and odors. CONCLUSIONS OF LAW 1. The City of Meridian has authority to almex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The 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 Amended Comprehensive Plan City of Meridian adopted August 6,2002) Resolution No. 02-382. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDNISION (AZ-03-027) PAGE 14 OF 22 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Ch. V, Goal III, Obj. B. #7 Ch. VI, Bullet #2, pg. 71 Ch. VI, Bullet #5, pg. 71 Ch. VI, Bullet #1, pg. 73 Ch. VI, Goal II, Obj. A, #5 Ch. VI, Goal II, Obj. A, #6 eh. VII, Goal III, Obj. B, #3 Ch. VII, Goal VI, Obj. C, #3 Ch. VI, Goal IV, Obj. A, #10 Ch. VI, Goal IV, Obj. A, #13 Ch. VII, Goal V, Obj. A, #8 5. The zoning of (R -4) Low Density Residential is defined in the Zoning Ordinance at ~ 11-7-2 C as follows: (R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment ofIow density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible nonresidential uses. The R-4 District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal water and sewer systems of the City. 6. Since the almexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDNISION (AZ-03-027) PAGE 15 OF 22 Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement. 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. The applicant's request for annexation and zoning of approximately 140.97 acres to Low Density Residential (R-4) is granted subject to the terms and conditions ofthis Order hereinafter stated. 2. The application is for annexation and zoning of 140.97 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: A. Adopt the Special Recommendations ofthe Planning and Zoning Commission as follows: 1. Add a new condition to the Development Agreement (paragraph l.a.) which states: "No more than 50 homes can be built until both the North Slough Trunk and a second emergency access, constructed to the satisfaction of the Meridian Fire Department, are built. " 2. Add a new condition to the Development Agreement (paragraph l.b.) which states: "No more than 236 building permits will be issued until a second public access is available, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 16 OF 22 either connecting to a platted stub street or the temporary use of the easement currently enjoyed by the Boyacks. If the latter is the choice, it will be paved and at least 20 feet wide." 3. Add a new condition to the Development Agreement (paragraph I.c.) which includes the following language, (Per City Council meeting April 20,2004.): "There shall be a hold harmless agreement executed by the Applicant in favor of the City of Meridian that the Applicant will hold the City harmless from any and all damages for any failure to provide sanitary sewer service until it is available in the ordinary course of the City's sewer development program. Applicant agrees that by annexing this property, City is under no obligation to provide sewer services to the property on the Applicant's timetable. No subdivision improvements beyond Phase 1 (that southerly portion of Saguaro Canyon Estates which will gravity flow to the lift station in Cobre Basin Subdivision) can begin until the North Slough Sewer Trunk's easements are finalized by the City and the trunk construction schedule is finalized with the civil contractor that is awarded the bid." B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. The applicant/owners shall enter into a Development Agreement (DA) with the City of Meridian. A condition of the DA shall be that the applicant participates in any road infrastructure agreements in the North Meridian Planning Area negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 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 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape inigation. 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 4. Any future subdivision, planned development, uses and construction shall comply with the City of Meridian ordinances in effect at the time. FlNDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 17 OF 22 C. Adopt the ACHD conditions listed in their report dated November 13,2004, which report lists required site-specific requirements, conditions of approval and street improvements. D. Adopt the action of the City Council taken at their April 20, 2004 meeting as follows; For clarification: 1. Placed into record, and which is on file with the Meridian City Clerk's office, is the Letter of Approval and Acceptance from Grant and Joyce Lee, dated April 20, 2004. 2. The Applicant, Farwest, LLC, per their letter dated January 6, 2004, pertaining to Larkwood/Saguaro Canyon Agreements, agrees to provide the following: a. A 25' height restriction (measurement at the peak, to allow for a second story bonus room only) on 4 lots in the Saguaro Canyon Subdivision along the Larkwood boundary (Lots 26, 41, 43 and 44, Block 9). b. To construct a vinyl fence with l' lattice on the top along the Larkwood west boundary. c. The Applicant has cut and reworked the lots on the original submittal from 27 buildable lots to 20 buildable lots in the latest plat. The 20 buildable lots remaining on the Larkwood boundary average 13,268 square feet. These 20 lots are an average of 42.85% larger than the average lot in Saguaro Canyon. d. Tile the North Slough, North Slough #2 and the Rosti Laterals. Farwest, LLC will also tile any of the above mentioned ditches adjacent to the Larkwood west boundary regardless of their minor meandering across the legal lot lines. e. Provide a pressurized irrigation stub to each ofthe Larkwood lots adjoining Saguaro Canyon, providing the Larkwood homeowners transfer sufficient water rights to the pump station diversion point to provide for these stubs. 3. The Applicant submitted a revised preliminary plat dated April 6, 2004, in the corresponding preliminary plat PP-03-032, which removes several lots on the east, west and north boundaries. The revised plat proposes 432 buildable lots (vs. 442) and has a gross densityof3.09 du/acre (vs. 3.15 du/acre). Other than the removal of ten (10) lots, no other modifications were made to the corresponding preliminary plat, PP-03-032, the April 6, 2004 preliminary plat is approved. 4. The Applicant also submitted a future re-subdivision plan for Lot 34, Block 28 (the 5-acre Boyack lot). 5. A detailed fencing plan shall be submitted upon application of the final plat. A 5-foot vinyl fence with one-foot of lattice on top is required adjacent to the Larkwood FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 18 OF 22 Subdivision. In addition, the Applicant has agreed to provide a stamped concrete fence adjacent to Lots 1-9, Block 33 and Lot 37, Block 28. 6. Prior to City of Meridian approval of a new, single-family building permit for the area shown as Lot 34, Block 28, the area shall be combined with Ada County parcel S0530244450 (the existing driveway) to create a single flag lot with frontage on Meridian Road. If not previously platted, said flag lot shall be included in the first final plat submitted that is north of Phase 5 (the existing Ada Co. parcel S0530244350). A one-time building permit is allowed to be issued for Ada Co. parcel S0530244350 (the 60.89 acre Boyack parcel) prior to final plat recordation. Any existing dwelling units on the parcel must be demolished prior to issuance of a new building permit. 7. A permanent pedestrian easement, in favor ofthe City of Meridian, shall be recorded for the regional pathway in each phase ofthe subdivision. The public easement shall be recorded for the pathway prior to occupancy of any structures in that particular phase of the subdivision. Submit a copy of the recorded easement to the Planning and Zoning and Parks Departments. The easement shall be sufficient width to cover the 1 O-wide pathway. The pedestrian easement is allowed to decrease to 6 feet wide in front of Lots 7-12, Block 23 and Lot 71, Block 9, on the south side ofE. Mesa Bluffs Street. Buildings are precluded from constructing within this easement. The 10- foot wide hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within the phase. Additionally, a note shall be added to the face of each final plat indicating the City of Meridian is responsible for the maintenance ofthe pathway surface located within the easement. Applicant shall conform to the Park's Department standards for construction of the regional pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. 8. Pertaining to the 24 foot access road, and which the Boyack 5-acre property is part of the total parcel in this alU1exation and zoning, the 24 foot access road shall be regulated as follows: Within the Development Agreement there shall be a provision that the 24 foot lane will be limited to use for one single-family residence on that five acres and no others, until such time as either that residence obtains other public access, and/or the five acres is approved for redevelopment. At that time, the 5-acre Boyack property shall either: 1) relinquish any rights to use that lane for access; 2) offer it for sale to either the property owner on the north or the property owner on the south, at appraised fair market value. 9. At the April 20, 2004 Council meeting, Dave McKilU1on, the Applicant's FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 19 OF 22 representative, addressed the neighboring property owners concerns over traffic, density/transition, and collector roads. It is noted at the public hearing by Dave McKinnon as follows: Traffic: Traffic has always been a concern, and there has been a recent concern with the North Meridian Area Plan, as far as what is actually happening with it presently. The impact fees that are paid for these types of projects are spent in different areas currently, and you cannot have change in the road system without the impact fees. Without the development there are no impact fees, and there would not be the money to pay for the growth or for improvements in the roads in the future. This growth is helping to pay, through ACHD, for the fixing and building of roads in other areas and in the future these roads will be fixed and maintained by ACHD. Due to a large ditch that runs along McMillan Road the developer is not able to construct a secondary access onto McMillan Road. DensitvITransition: The reason for the 90 degree pie-shaped lots, which are located on the rear eastern end ofthe project, are that these lots would be only approximately two lots for every single one within Larkwood. Across the street the lots step down to 10,000 square feet; and which 10,000 square foot lots are still larger than the minimum lot size. As you go farther back into the subdivision until you cross the collector street those lots become smaller. The lots within the subdivision range from 9,200 sq. ft. up to 11,000 sq. ft. in size. Located on the interior ofthe subdivision are large lots. The smaller lots are located adjacent to the school site, to the Ashenbrenner's site, and across the collector street, to help provide for transition. The transition expands from east to west within the subdivision. Collector Roads: The City would like to see collector streets at the half-mile, but they don't have to align directly with the half mile, (such as the Lochsa Falls development). The Priddy property does not want traffic running right along the side of their home and property, and the need for buffering this area could be addressed by having the street come in at the half-mile location, and then jog to the south. This would provide a buffer to the 24 foot wide street. The Developer is in agreement of getting rid of the 24 foot wide road once everything is developed. Upon complete build out of the Saguaro Canyon Subdivision, then the 24 foot wide access road is something that the Wilsons would have to work out with the Ashenbrenner property owners. 4. The City Attorney shall prepare for consideration by the City Council the appropriate FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 20 OF 22 ordinance for the annexation and zoning designation ofthe real property which is the subject ofthe application to (R-4) Low Density Residential District, and Meridian City Code S 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff ofthe Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions ofthe annexation and zoning ordinance. 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 Me lid ian, pursuant to Idaho Code S 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the III.!:L. day of /J1 (i /f ROLL CALL ,2004. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDIVISION (AZ-03-027) PAGE 21 OF 22 COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED~ COUNCILMAN CHARLIE ROUNTREE VOTED~L.- VOTED ~ COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) DATED: ~.c:;;-II- O+- MOTION: APPROVED:L DISAPPROVED: VOTED - Attest: , , , , , - ", BY~~ City Clerk Dated: rY\a~ 111 200t Z;\Work\M\Meridian\Meridian I 5360MlSaguaro Canyon Estates Sub AZ-03-027 PP-03.032 CUP-03-058\AZFIC1&OrdeLdoc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SAGUARO CANYON ESTATES SUBDMSION (AZ-03-027) PAGE 22 OF 22 May 7, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Farwest LLC PP 03-032 May 11, 2004 ITEM NO. ~ REQUEST Tabled from 5-4-04 - Findings - Request for Preliminary Plat approval of 461 single-famil' building lots and 43 common lots on 140.25 acres in proposed R-4 zone for proposed Saguaro Canyon Estates Subdivision - north side of East McMillan Road and east of North Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See previous Item Packet See attached Memo /~ (f. ~ ~~ OTHER: See attached Email from Dave McKinnon Contacted: _[)1v~ M.r:~nV1Ol Date: ~ Phone: EmaUed: thVt1Ylfi0prca()J(~--f'X1liY\O h:C (fA Staff Initial~ Materials presented at pUbllbrheefings shall become property of the City of Meridian. page 1 at 1 Tara Green From: Brad Hawkins-Clark [hawkinsb@meridiancity.org] Sent: Friday, May 07,200410:11 AM To: 'Jessica Johnson'; greent@cLmeridian.id.us Subject: FW: Saguaro Canyon Findings Memo RE EI'lED , ~ ft. V 11 1 "''''''1, jvu':,; OJ , t:",!), Tara/Jessica, City Of Ivleridian City Clerk Office Please fOlWard the e-mail below to City Council reo Saguaro Canyon. Thanks, Brad --~--Original Message----- From: Dave McKinnon [mailto:davem@pinnacie-engineers.com] Sent: Friday, May 07,20049:53 AM To: 'Brad Hawkins-Clark' Subject: RE: Saguaro Canyon Findings Memo Brad, Justin and I just reviewed your suggested changes to the FF/CL for Saguaro Canyon, as well as reviewing the original FF/CL that were sent to me earlier this week and we are happy with the suggested changes to the FF/CL. Please feel free to fOlWard this e-mail on to the Mayor and City Council indicating our agreement with the changes. Thanks for keeping us in the loop. Dave McKinnon -----Original Message----- From: Brad Hawkins-Clark [mailto:hawkinsb@meridiancity.org] Sent: Thursday, May 06,2004 4:41 PM To: 'Jessica Johnson'; greent@ci.meridian.id.us; 'Marlene St. George' Cc: 'Dave McKinnon' Subject: Saguaro Canyon Findings Memo Attached is a staff memo to City Council for the May 11 council meeting for Saguaro Canyon Estates. BHC 5/7/2004 Memo RE EIVED MAY U 6 2004 City Of Tvleridillil To: Mayor de Weerd & City Council CitY Cl~rk Office From: Brad Hawkins-Clark~~L cc: City Clerk, City Attorney, David McKinnon (Pinnacle Eng.) Date: May 7, 2004 Re: Modifications to FF/CUDO for Saguaro Canyon Estates (AZ-03-027, PP-03-032) The subject Findings of Fact, Conclusions of Law and Decision and Order were tabled to your May 11 Consent Agenda to allow staff time to review the final documents. The CUP (03-058) appears clean. The following modifications are recommended for more clarity and accuracy in the Preliminary Plat and Annexation & Zoning documents: AZ-03-027 · #3, pg. 6, 3rd line - The correct number of buildable lots is 432, not 433. · #8, pg. 7, 1st line - Strike ". . .which will come in up in Ph::lse 10." (This access road is intended to be used for a new residence earlier than Phase 10.) · #8, pg. 7, 2nd para, 3rd line - Strike ". . .other ::lC0066," so it reads ". . .residence obtains other public access. . ." (NOTE: These same edits/changes appear in PP-03-032.) PP-03-032 · #17, pg.11 - Add a new paragraph to the end of condition #17 which is the condition #8 from AZ-03-027 pertaining to Mr. Brian McColl's language on the secondary access. (This is simply to keep consistency between the annexation and pre plat approval documents.) · Item "G", pg. 17 - Strike the Parks Department comment about the pathway "not connecting through the development." The revised plan shows the pathway extending all the way through. · #4, pg. 18 - Add the phrase "See the attached exhibit" to the end of this paragraph and have the Attorney/Clerk attach the re-subdivision plan as an exhibit. With the above edits, staff recommends the final documents be adopted. 1 April 29,2004 MERIDIAN CITY COUNCil MEETING APPLICANT Farvvest LLC P P 03-032 May 4, 2004 ITEM NO. 5- E:> REQUEST Findings - Request for Preliminary Plat approval of 461 single-family building lots and 43 common lots on 140.25 acres in proposed R-4 zone for proposed Saguaro Canyon Estates Subdivision - north side of East McMillan Road and east of North Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings .lUIJ .(0 ~~~ 0/W'O {jI Date: S-3--o1 Phone: ~. Staff Initials: ~ efings shall become property of the City of Meridian. Contacted: Emailed: . .--..." -- ~ -. -........ ..........., I ...IUHI;;:".......L.'C' L-JIg.+'.CIl::'I~, ~II'-'. c... "':"'-00/-/10.1 F'. .1 To: Will Berg City Clerk RECEIVED MAY - " 2004 Date: May 4, 2004 City of Meridian City Clerk Office Re: Saguaro Canyon Subdivision Dear Will, Will you please ask the Council to table the findings for Saguaro (Items 5a,b,c) until next week so that we can have adequate time to review them. We just received them today, and the owner/developer has not yet had a chance to see them. Thank you for your help and consideration in this matter of business. 'f\A G[L --' a e McKinnon Land Use Planner, PINNACLE ENGINEERS, INC. MAY 04 '04 17:22 .....nn 1'11"'"1"" .1""11""'1_.... BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/10/04 C/C 03/09/04 C/C 03/23/04 C/C 04/13104 C/C 04/20/04 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR SAGUARO CANYON ) ESTATES SUBDIVISION FOR 432 ) BUILDING LOTS AND 45 ) COMMON LOTS ON 140.97 ACRES ) LOCATED WITHIN SECTION 30, ) T4N, RIE, THE SQUARE MILE ) BORDERED BY CHINDEN BLVD., ) MERIDIAN, LOCUST GROVE AND ) McMILLAN ROADS, MERIDIAN, ) IDAHO ) ) BY: FARWEST,LLC,APPLICANT ) ) Case No. PP-03-032 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on February 10, 2004, and re-noticed for March 9,2004, and continued until March 23,2004, April 13, 2004, and April 20, 2004, and Anna Powell Planning Director for the Planning and Zoning Department, Brad Watson of the Public Works Department, Dave McKinnon, John Priddy, Mike Atkins, Stephanie Beehler, Jeff Papke, Barbara Nosek, Becky McKay, Dean Briggs, Mike Youngberg, Grant Lee, Brian McColl, and Robert Greiner, appeared and testified, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGUARO CANYON ESTATES SUBDNISION 1 (pP-03-032) PAGE 1 of22 and the City Council having received a report from Brad Hawkins-Clark for the Planning and Zoning Department, and Bruce Freckleton, Engineering Tec1mician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the Preliminary Plat "SAGUARO CANYON SUBDIVISION, PRELIMINARY PLAT/PLANNED DEVELOPMENT MAP, DWG DATE: 11/18/03 KDH, REVISION DATES OF: 12/17/03, 12/18/03,01128/04,03/10/04,03/18/04, 04/06/04 SHEET 1 OF 1 PREPLAT, \30112-pre8.dwg BPT, DWG NO. 30112, HANDWRITTEN DATE: 4/6/04, STAMPED: RECEIVED APR -6 2004 CITY OF MERIDIAN CITY CLERK OFFICE, APR 06 2004, FARWEST, LLC - DEVELOPER, BRIGGS ENGINEERING, INC. - PLANNER", FalWest, LLC, Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code S 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned RUT by Ada County, however, an application for annexation and zoning to R-4 is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code g 11-7-2 C] FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIM:INARY PLAT SAGUARO CANYON ESTATES SUBDIVISION / (pP-03-032) PAGE 2 of22 2. The preliminary plat is in confonnance with the Amended Comprehensive Plan City of Meridian adopted August 6,2002, Resolution No. 02-382, except for sanitary sewer service, as the majority of this development precedes the permanent sewer trunk line that is intended to serve this area (North Slough). The proposed subdivision meets goals of the Comprehensive Plan through the following: Ch. V, Goal III, Obj. B. #7 Ch. VI, Bullet #2, pg. 71 Ch. VI, Bullet #5, pg. 71 Ch. VI, Bullet #1, pg. 73 Ch. VI, Goal II, Obj. A, #5 Ch. VI, Goal II, Obj. A, #6 Ch. VII, Goal III, Obj. B, #3 Ch. VII, Goal VI, Obj. C, #3 Ch. VI, Goal IV, Obj. A, #10 Ch. VI, Goal IV, Obj. A, #13 Ch. VII, Goal V, Obj. A, #8 The Future Land Use Map shows a potential public park site, regional pathway, and future school site. The Applicant proposes to construct a 10-foot-wide regional path from the parcel's west boundary to the northeast boundary. 3. It is determined that Urban Services can be made available to accommodate a portion of the proposed development, but sanitary sewer and fire are not available for the majority of the lots, ifthe plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. However, below is a potential timeframe for development of Saguaro Canyon, based on the Subdivision Ordinance and a typical plat scenario in Ada County: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGUARO CANYON ESTATES SUBDIVISION / (pP-03-032) PAGE 3 of22 February' 04 April- May '04 July - August '04 Nov. - Dec. '04 Pre Plat & Annexation Approval (City Council) Phase I Final Plat Approval (City Council) Phase 1 Final Plat Recorded First Certificates of Occupancy Issued Assuming the above scenario for Phase 1 and strong market conditions, it's possible a second phase of Saguaro Canyon could be approved and require availability of the North Slough Trunk by Spring 2005. It remains unclear ifthe Public Works Department and their contractor will have obtained the necessary sewer easements through Paramount Subdivision and the Aschenbrenner parcel by this time. Joint School District No.2 anticipates needing the trunk line extended for the Middle School by Spring 2007. In tenus of fire service, it's anticipated that the second, permanent access for the subdivision (besides McMillan Road) will be provided through a new residential subdivision on the Aschenbrenner property, north of the school site and west of the subject property. To date, the City has not received an application or conducted a pre-application meeting on this property. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions, which are requested by the Planning and Zoning Administrator and the Engineering Technician III, and as proposed by the developer as stated on the preliminary plat, there will be public financial capability of supporting services for the proposed development. The proposed subdivision would certainly not create any more additional requirements or demands to the City than other residential uses. The primary question is one of timing. Until the North Slough Trunk is constructed, sanitary sewer service is not available for the majority of this development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGUARO CANYON ESTATES SUBDIVISION I (pP-03-032) PAGE 4 of22 5. The development ifbuilt in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. It is found that the development will require public expenditures for extending the North Slough Trunk. Specifically, the Public Works must enter into a contract with a private firm to acquire easements, design and construct the line. The funding for this extension is budgeted in the FY04 budget, with a preliminary estimated schedule of construction completion by June 2005. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. Other than previously noted above, it is not found that there would be any other health, safety or environmental problems associated with this subdivision. 7. The applicant has submitted for consideration ofthis approval drawing of the preliminary plat herein designated as "SAGUARO CANYON SUBDIVISION, PRELIMINARY PLAT/PLANNED DEVELOPMENT MAP, DWG DATE: 11/18/03 KDH, REVISION DATES OF: 12/17/03, 12/18/03,01/28/04,03/10/04,03/18/04,04/06/04 SHEET I OF 1 PREPLAT, \30112-pre8.dwg BPT, DWG NO. 30112, HANDWRITTEN DATE: 4/6/04, STAMPED: RECEIVED APR -6 2004 CITY OF MERIDIAN CITY CLERK OFFICE, APR 06 2004, FARWEST, LLC - DEVELOPER, BRIGGS ENGINEERING, INC. - PLANNER". 8. The City Council recognizes the The City Council recognized the concerns of the following individuals: .:. the Larkwood Homeowner's Association FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT SAGUARO CANYON ESTATES SUBDNISION / (pP-03-032) PAGE 5 of22 .:. Kenneth Christensen (letter dated 12/3/03) .:. Michael S. Adkins (letter dated 1/22/04) .:. John Priddy (letter dated 12/2/03) Dean Briggs of Briggs Engineering, on behalf of Robert and Marlene Rhead, entered into the public record their letter of approval, and which is on file with the Meridian City Clerk's office. DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by having submitted the Preliminary Plat "SAGUARO CANYON SUBDIVISION, PRELIMINARY PLAT/PLANNED DEVELOPMENT MAP, DWG DATE: 11/18/03 KDH, REVISION DATES OF: 12/17/03, 12/18/03,01128/04,03/10/04,03/18/04,04/06/04 SHEET 1 OF 1 PREPLAT, \30112-pre8.dwg BPT, DWG NO. 30112, HANDWRITTEN DATE: 4/6/04, STAMPED: RECEIVED APR -6 2004 CITY OF MERIDIAN CITY CLERK OFFICE, APR 06 2004, FARWEST, LLC- DEVELOPER, BRIGGS ENGINEERING, INC. - PLANNER", Farwest, LLC, Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Applicant has agreed and the Commission recommends the fence along the east property line, adjacent to Larkwood Subdivision, be a 5-foot vinyl fence with one foot oflattice on top. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGUARO CANYON ESTATES SUBDIVISION I (pP-03-032) PAGE 6 of22 2. No more than 50 homes can be built until both the North Slough Trunk and a second emergency access, constructed to the satisfaction of the Meridian Fire Department, are built. 3. No more than 236 building permits will be issued until a second public access is available, either connecting to a platted stub street or the temporary use of the easement currently enjoyed by the Boyacks. If the latter is the choice, it will be paved and at least 20 feet wide. 4. Incorporate all agreements made between the Larkwood Subdivision BOA and Fanvest, LLC. (Note: these are included in the site specific conditions below.) B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC CONDITIONS OF APPROVAL I PRELIMINARY PLAT 1. Sanitary sewer and water service to this site shall be via main line extensions from mains being installed as part of the Paramount and Havasu Creek projects. The applicant will be responsible for constructing the lateral sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. The subdivision designer is responsible for coordinating main sizing and routing with the Public Works Department. This development shall be subject to latecomer fees, to reimburse those responsible for bringing sanitary sewer and water service to the area, when and if the Latecomers Fee Agreement is established. Latecomer's fees shall be due and payable prior to signature on the final plat for each phase. Prior to City of Meridian approval of any final plat including the 51 st buildable lot in this subdivision, the applicant's engineering drawings shall demonstrate their ability to gravity sewer all future lots to the North Slough Trunk and that the trunk shall be constructed to and through the subject property prior to issuance of the 51 st building permit within Saguaro Canyon Subdivision. 2. The applicant has indicated that a pressurized irrigation system will be provided within this development, but has not indicated who will own and maintain the system. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized inigation system O&M manual must be submitted prior to plan approval, and be the applicant shall be subject to irrigation plan review fees. Please revise the plat to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGUARO CANYON ESTATES SUBDIVISION / (pP-03-032) PAGE 7 of22 show how the system is going to be served (i.e. connection to an existing system, or independent pumping facilities) Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized inigation systems be supplied by a year-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. Per the agreement made with the Larkwood HOA, Farwest, LLC will provide a pressurized irrigation stub to each of the Larkwood Subdivision lots adjoining Saguaro Canyon, providing the Larkwood homeowners transfer sufficient water rights to the pump station diversion point to provide for these stubs. 3. A detailed fencing plan shall be submitted upon application of the final plat. A 5- foot vinyl fence with one-foot oflattice on top is required adjacent to the Larkwood Subdivision. In addition, a solid fence shall be required around the perimeter ofthe subdivision. Additionally, a perimeter stamped concrete fence adjacent to Lots 1-9, Block 33 and Lot 37, Block 28 shall be required. (Per action of the City Council taken at their April 20, 2004 meeting.) 4. A detailed landscape plan shall be submitted upon application of the final plat. The conceptual landscape plan submitted with the preliminary plat (Sheets LS-l thm LS- 6, dated 09/09/03 by Harvest Design) is approved with the following changes: a. Include the amended regional pathway alignment, as shown on the revised preliminary plat, dated 12/24/03. This impacts Sheets LS-3 thru LS-5. b. As proposed with the CUP/PD application, a tot lot or other approved amenity shall be included on Lot 6, Block 16. 5. Applicant shall revise the preliminary plat map to show how all eXlstmg inigation/drainage ditches are to be treated. The revised plat map shall also clearly show future easement lines for the North Slough relocation. All irrigation ditches, laterals or canals, exclusive of the Lemp Canal adjacent to McMillan Road, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per MCC 12-4-13. Plans will need to be approved by Settlers Irrigation 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT SAGUARO CANYON ESTATES SUBDIVISION / (pP-03-032) PAGE 8 of22 Per the agreement made with the Larkwood HOA, Farwest, LLC will tile any of the ditches adjacent to the Larkwood Subdivision west boundary, including the North Slough, North Slough #2 and Rosti Lateral, regardless of their minor meandering across the subdivision boundary. Meridian City Code 12-4-13-B requires that tiled ditches have a sloped bar- grated inlet structure and access/cleanout boxes at a maximum offoUT hundred foot (400') spacing and at all angle points of the pipeline. The applicant shall address the access to each of these required structures, as some will fall within the back yard of several lots. 6. Applicant shall construct a minimum 5-foot wide, detached sidewalk along the entire subdivision frontage of McMillan Road and adjacent to the designated collector roadways. Coordinate sidewalk location with ACHD and SID. 7. The applicant shall be responsible for the payment of sanitary sewer and water assessment fees, as well as the actual physical connection of the existing house to the municipal sewer and water systems. Existing wells and septic systems shall be abandoned in accordance with the jurisdictional authority. 8. Prior to City of Meridian approval of any final plat including the 51 st buildable lot in this subdivision, a second, temporary vehicular access approved by the Meridian Fire Department shall be constructed. No more than 236 building permits will be issued until a second public access is available, either connecting to a platted stub street or the temporary use of the easement currently enjoyed by the Boyacks. If the latter is the choice, it will be paved and at least 20 feet wide. 9. Prior to final plat submittal of the phase including Lot 34, Block 28, the applicant shall provide Planning & Zoning staff with an approved sketch of how said lot may be re-subdivided in the future. Said sketch should include a stub street to the south. 10. The applicant should address the status of discussions with SID on whether they expect the encroachment of buildable lots into the North Slough easement to be approved as proposed. A copy of the signed encroachment agreement will be required with the final plat application for any lots impacted by said easement. 11. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the regional pathway in each phase of the subdivision. The public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT SAGUARO CANYON ESTATES SUBDIVISION I (pP-03-032) PAGE 9 of22 easement shall be recorded for the pathway prior to occupancy of any structures in that particular phase of the subdivision. Submit a copy of the recorded easement to the Planning and Zoning and Parks Departments. The easement shall be sufficient width to cover the 1 O-wide pathway. The pedestrian easement is allowed to decrease to 6 feet wide in front of Lots 7-12, Block 23 and Lot 71, Block 9, on the south side of E. Mesa Bluffs Street. Buildings are precluded from constructing within this easement. The lO-foot wide hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within the phase. Additionally, a note shall be added to the face of each final plat indicating the City of Meridian is responsible for the maintenance of the pathway surface located within the easement. Applicant shall conform to the Park's Department standards for construction of the regional pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. (Per action of the City Council taken at their April 20, 2004 meeting.) 12. The gravity irrigation box currently shown at the western end of Lot 13, Block 12 shall be relocated to provide a minimum IS-foot wide clear passage for pedestrians and landscaping. 13. All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances. All stormwater detention facilities incorporated into the required open space are subject to MCC 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. Any ACHD-required access driveways to serve stormwater areas that are located within required open space lots shall be shown on the detailed landscape plans with each final plat. 14. Comply with the Meridian Fire Department condition to designate the cul-de-sac streets as "No Parking." 15. Phasing for the overall project may be modified by stafflevel approval, provided written explanation of phasing changes are provided by the applicant and final plat approval request of said phases are contiguous to previously approved phases. 16. Lots 26, 41, 43 and 44, Block 9 shall have a special condition, as agreed to with the Larkwood HOA, that no structure on these lots shall exceed a height of25 feet. 17. Prior to City of Meridian approval of a new, single-family building permit for the area shown as Lot 34, Block 28, the area shall be combined with Ada County parcel 80530244450 (the existing driveway) to create a single flag lot with frontage on Meridian Road. If not previously platted, said flag lot shall be included in the first FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGUARO CANYON ESTATES SUBDNISION I (pP-03-032) PAGE 10 of22 final plat submitted that is north of Phase 5 (the existing Ada County parcel S0530244350). A one-time building permit is allowed to be issued for Ada County parcel S0530244350 (the 60.89 acre Boyack parcel) prior to final plat recordation. Any existing dwelling units on the parcel must be demolished prior to issuance of a new building permit. (Added this condition per the City Council meeting held on April 20, 2004, and see paragraph 0.8. hereinbelow pertaining to the secondary access.) STANDARD CONDITIONS 1. Written comments in response to the staff report and Conditions of Approval must be submitted the Meridian's PlaMing and Zoning Department three days prior to public hearing. 2. Please submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to confonn. 3. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 4. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 5. All micropaths within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping". 6. A detailed landscape plan, in compliance with the landscape ordinance shall be submitted for the subdivision with the final plat application, the landscape plan shall include the location and design of any proposed playground equipment. 7. Sidewalks within the proposed subdivision shall be built in accordance with MCC12-13-10-8. 8. 250 and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGUARO CANYON ESTATES SUBDIVISION I (pP-03-032) PAGE 11 of22 9. Please submit up to date groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate within a period of time not to exceed 24 hours for all storms up to and including a 1 OO-year storm event. Side slopes within drainage areas shall not exceed 3: 1. 10. 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. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 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. 14. 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. C. Adopt the Recommendations of ACHD as follows: L Do NOT dedicate additional right-of-way on McMillan Road abutting this parcel. 2. Construct a 10-foot wide (minimum) asphalt pathway just north ofthe canal, as proposed. 3. Construct the main entrance, North Red Horse Way, to intersect McMillan Road approximately 515-feet east of the west property line to align with the main entrance ofCohre Basin Subdivision (aka Havasu Creek Subdivision), as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGUARO CANYON ESTATES SUBDNISION / (pP-03-032) PAGE 12 of22 4. Construct an eastbound center turn lane at the intersection of McMillan Road and North Red Horse Way. Install the left- turn lane either when the project begins construction or when the warrant is met. The warrant will be met at the final platting of lot 115. Coordinate the design of the turn lane with District staff. 5. Construct North Red Horse Way as a collector roadway with two travel lanes that are separated by a center island with center turn pockets at each public roadway intersection with vertical curb, gutter and 5-foot meandering concrete sidewalk within 75-feet of right-of-way, as proposed. Provide the District with an easement for any part of the sidewalk that extends outside of the right-of-way. 6. Construct Ocelot Court (from North Red Horse Way to the west), Red Hills Avenue (from Joshua Tree Street to West Prickly Pear Court), West Prickly Pear Court, North Saguaro Hills Place, North Cactus Hills Avenue, North Pinery Canyon Place, North Claret Cup Place, and North Red Hills Place (from West Cholla Hills Street to the south) as 29-foot street sections with curb, gutter and a 5-foot detached sidewalk within 50-feet of right-of-way, as proposed. Parking is restricted to one side and the applicant is required to provide the District with documentation that showing the review and approval from the Meridian Fire Department. . If the applicant would like to construct the 29-foot street sections as 33-foot street sections with curb, gutter and sidewalk within 50-feet of right- of-way, the applicant may do so. 7. Construct the remaining roadways as 33-foot street sections with curb, gutter and a 4-foot detached concrete sidewalk within 50-feet of right-of-way, as proposed. 8. Construct a 20-foot wide residential driveway for lot 4 block 11 that intersects North Red Horse Way approximately 400-feet north of McMillan Road, as proposed. 9. Construct a stub street to the west property line approximately 1,950-feet north of McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 10. Construct a stub street to the west property line approximately 750-feet south of the north property line, as proposed. Install a sign at the terminus of the roadway stating that, I1THIS ROAD WILL BE EXTENDED IN THE FUTURE". 11. Construct a stub street to the north property line approximately 11O-feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, I1THIS ROAD WILL BE EXTENDED IN THE FUTURE1t. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGUARO CANYON ESTATES SUBDNISION / (pP-03-032) PAGE 13 of22 12. Construct a stub street to the north property line approximately 900-feet west of the east property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 13. Construct a stub street to the north property line approximately 113-feet west of the east property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 14. Construct a stub street to the east property line approximately 120-feet south of the north property line, as proposed. Install a sign at the terminus of the roadway stating that, 'THIS ROAD WILL BE EXTENDED IN THE FUTURE". 15. Construct a stub street to the east property line to the 29.7-acre site located to the east of the subject property. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 16. Construct two standard cul-de-sac turnarounds within the subdivision, as proposed. Provide a minimum turning radius of 45-feet. 17. Construct four alternative turnarounds with parking located in the center of the turnarounds, as proposed. Provide a minimum turning radius of 18-feet, adequately accommodate for drainage and provide the District with documentation showing the review and approval of the non standard turnaround from the Meridian Fire Department. Submit a design of the turnaround for review and approval by District Development Division staff. 18. Construct center islands/medians within the public right-of-way of North Red Horse Way, as proposed. Provide a minimum of a 20-foot street section on either side of any proposed center island within the public roadway. The medians are required to be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. 19. Construct islands (with parking) within four of the proposed turnarounds, as proposed. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians are required to be constructed a minimum of 4- feet wide to total a minimum of a lOa-square foot area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGUARO CANYON ESTATES SUBDIVISION / (pP-03-032) PAGE 14 of22 20. Other than the access point that has been specifically approved with this application, direct lot access to North Red Horse Way is prohibited. Notes of this restriction shall be placed on the final plat. 21. Other than the access point that has been specifically approved with this application, direct lot access to McMillan Road is prohibited. Notes ofthis restriction shall be placed on the final plat. 22. Comply with all Standard Conditions of Approval. D. Adopt the Meridian Fire Department Recommendations as follows: The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. The project which comprised of single family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. The curbs in front of the fire hydrants will be required to be painted red. The curb will be painted for a distance of 10' to each side of the hydrant location. 4. All roads and fire lanes shall have a turning radius of28' inside and 48' outside. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. Streets longer than 150' which are not provided with an outlet are required to have an approved turn-around. 7. Projects which serve greater than 50 homes with one point of access are required to provide two approved access roads. 8. The proposed 461-10t subdivision with an estimated 2.9 residents per household would have a total estimated population of 1336 residents at build out. According to a report completed by Fire & Emergency Services Consulting Group in February of 2000 our FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT SAGUARO CANYON ESTATES SUBDIVISION / (pP-03-032) PAGE 15 of22 requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010, this is up from 2069 responses in the year 2000. 9. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 10. No parking will be permitted on the perimeter curb of the courts that contain a parking island. This area will be denoted with a red curb. 11. The North ends of the following islands will be required to be shorten by 20' to accommodate the turning radius of fire apparatus: Block 1, Block 2 12. The South ends of the following islands will be required to be shorten by 20' to accommodate the turning radius of fire apparatus: Block 2 E. Adopt the Recommendation of Settlers Irrigation District as follows: 1. All irrigation / drainage facilities along with their easements must be protected and continue to function. The facilities involved are the Lemp Canal, North Slough Lateral, North Slough No.2 and the Rosti Lateral. 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.LD. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above- mentioned subdivision. Ifthe developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. F. Adopt the Recommendations of the Central District Health Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGUARO CANYON ESTATES SUBDIVISION / (pP-03-032) PAGE 16 of22 I. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. G. Adopt the action of the City Council taken at their April 20, 2004 meeting as follows: For clarification: I. Placed into record, and which is on file with the Meridian City Clerk's office, is the Letter of Approval and Acceptance from Grant and Joyce Lee, dated April 20, 2004. 2. The Applicant, Farwest, LLC, per their letter dated January 6, 2004, pertaining to Larkwood/Saguaro Canyon Agreements, agrees to provide the following: a. A 25' height restriction (measurement at the peak, to allow for a second story bonus room only) on 4 lots in the Saguaro Canyon Subdivision along the Larkwood boundary (Lots 26,41,43 and 44, Block 9). b. To construct a vinyl fence with I' lattice on the top along the Larkwood west boundary. c. The Applicant has cut and reworked the lots on the original submittal from 27 buildable lots to 20 buildable lots in the latest plat. The 20 buildable lots remaining on the Larkwood boundary average 13,268 square feet. These 20 lots are an average of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGUARO CANYON ESTATES SUBDNISION I (pP-03-032) PAGE 17 of22 42.85% larger than the average lot in Saguaro Canyon. d. Tile the North Slough, North Slough #2 and the Rosti Laterals. Farwest, LLC will also tile any of the above mentioned ditches adjacent to the Larkwood west boundary regardless oftheir minor meandering across the legal lot lines. e. Provide a pressurized irrigation stub to each ofthe Larkwood lots adjoining Saguaro Canyon, providing the Larkwood homeowners transfer sufficient water rights to the pump station diversion point to provide for these stubs. 3. The Applicant submitted a revised preliminary plat dated April 6, 2004, in the corresponding preliminary plat PP-03-032, which removes several lots on the east, west and north boundaries. The revised plat proposes 432 buildable lots (vs. 442) and has a gross density of 3.09 du/acre (vs. 3.15 dulacre). Other than the removal of ten (10) lots, no other modifications were made to the corresponding preliminary plat, PP-03-032, the April 6, 2004 preliminary plat is approved. 4. The Applicant also submitted a future re-subdivision plan for Lot 34, Block 28 (the 5-acre Boyack lot), see the attached exhibit. 5. A detailed fencing plan shall be submitted upon application of the final plat. A 5-foot vinyl fence with one-foot of lattice on top is required adjacent to the Larkwood Subdivision. In addition, the Applicant has agreed to provide a stamped concrete fence adjacent to Lots 1-9, Block 33 and Lot 37, Block 28. 6. Prior to City of Meridian approval of a new, single-family building permit for the area shown as Lot 34, Block 28, the area shall be combined with Ada County parcel S0530244450 (the existing driveway) to create a single flag lot with frontage on Meridian Road. If not previously platted, said flag lot shall be included in the first final plat submitted that is north of Phase 5 (the existing Ada Co. parcel S0530244350). A one-time building permit is allowed to be issued for Ada Co. parcel 80530244350 (the 60.89 acre Boyack parcel) prior to final plat recordation. Any existing dwelling units on the parcel must be demolished prior to issuance of a new building permit. 7. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the regional pathway in each phase of the subdivision. The FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGUARO CANYON ESTATES SUBDNISION / (pP-03-032) PAGE 18 of22 public easement shall be recorded for the pathway prior to occupancy of any structures in that particular phase of the subdivision. Submit a copy of the recorded easement to the Planning and Zoning and Parks Departments. The easement shall be sufficient width to cover the 10-wide pathway. The pedestrian easement is allowed to decrease to 6 feet wide in front of Lots 7- 12, Block 23 and Lot 71, Block 9, on the south side ofE. Mesa Bluffs Street. Buildings are precluded from constructing within this easement. The 10- foot wide hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within the phase. Additionally, a note shall be added to the face of each final plat indicating the City of Meridian is responsible for the maintenance of the pathway surface located within the easement. Applicant shall conform to the Park's Department standards for construction of the regional pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. 8. Pertaining to the 24 foot access road, and which the Boyack 5-acre property is part of the total parcel in this annexation and zoning, the 24 foot access road shall be regulated as follows: Within the Development Agreement there shall be a provision that the 24 foot lane will be limited to use for one single-family residence on that five acres and no others, until such time as either that residence obtains other public access, and/or the five acres is approved for redevelopment. At that time, the 5-acre Boyack property shall either: 1) relinquish any rights to use that lane for access; 2) offer it for sale to either the property owner on the north or the property owner on the south, at appraised fair market value. 9. At the April 20, 2004 Council meeting, Dave McKinnon, the Applicant's representative, addressed the neighboring property owners concerns over traffic, density/transition, and collector roads. It is noted at the public hearing by Dave McKinnon as follows: Traffic: Traffic has always been a concern, and there has been a recent concern with the North Meridian Area Plan, as far as what is actual1y happening with it presently. The impact fees that are paid for these types of projects are spent in different areas currently, and you cannot have change in the road system without the impact fees. Without the development there are no impact fees, and there would not be the money to pay for the growth or for improvements in the roads in the future. This growth is helping to pay, through ACHD, for the fixing and building of roads in other areas and in the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT SAGUARO CANYON ESTATES SUBDIVISION / (pP-03-032) PAGE 19 of22 future these roads will be fixed and maintained by ACHD. Due to a large ditch that runs along McMillan Road the developer is not able to construct a secondary access onto McMillan Road. Densitv/Transition: The reason for the 90 degree pie-shaped lots, which are located on the rear eastern end of the project, are that these lots would be only approximately two lots for every single one within Larkwood. Across the street the lots step down to 10,000 square feet; and which 10,000 square foot lots are still larger than the minimum lot size. As you go farther back into the subdivision until you cross the collector street those lots become smaller. The lots within the subdivision range from 9,200 sq. ft. up to 11,000 sq. ft. in size. Located on the interior of the subdivision are large lots. The smaller lots are located adjacent to the school site, to the Ashenbrenner's site, and across the collector street, to help provide for transition. The transition expands from east to west within the subdivision. Collector Roads: The City would like to see collector streets at the half- mile, but they don't have to align directly with the half mile, (such as the Lochsa Falls development). The Priddy property does not want traffic running right along the side of their home and property, and the need for buffering this area could be addressed by having the street come in at the half-mile location, and thenjog to the south. This would provide a buffer to the 24 foot wide street. The Developer is in agreement of getting rid of the 24 foot wide road once everything is developed. Upon complete build out of the Saguaro Canyon Subdivision, then the 24 foot wide access road is something that the Wilsons would have to work out with the Ashenbrenner property owners. 10. Jack Wilson provided a letter dated April 9,2004, which is placed on record, and is on file in the Meridian City Clerk's office, stating they have retained 5 acres of the land purchased from George and Betty Boyack to eventually construct a home before city services will be available. He provided a preliminary drawing as to the layout of the road and lot designation. He also agreed in his letter that when city services become available that they will disconnect from the well and septic system, and then proceed with planning their remaining 4 ~ acres and connect to city servIces. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT SAGUARO CANYON ESTATES SUBDIVISION / (pP-03-032)sPAGE 20 of22 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ItA By action of the City Council at its regular meeting held on the / - day of /Jit:lj_ , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ VOTED fjvL VOTED~ VOTED~ VOTED COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT SAGUARO CANYON ESTATES SUBDIVISION I (pP-03-032) PAGE 21 of22 Attest: Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By: ~J:\~ City Clerk's Office Dated: rr\fllJ \~\ 200t_ Z:\Work\M\Meridian\Meridian I 5360MlSaguaro Canyon Estates Sub AZ-03-027 PP-03-032 CUP-03-058\FfCtsOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT SAGUARO CANYON ESTATES SUBDIVISION / (pP-03-032) PAGE 22 of22 May 7, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Farwest, LLC May 11, 2004 CUP 03-058 ITEM NO. &() REQUEST Tabled from 5-4-04 - Findings - Request for a CUP for a PD for reduced requirements for frontages, lot sizes, & min house size & permission to have 2 cul-de-sac lengths exceed max lengt in proposed R-4 zone for proposed Saguaro Canyon Estates Subdivision AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See previous Item Packet See attached Memo See attached Email from Dave McKinnon Contacted: Emailed: Date: ~ .A :hone: . Staff Initials~ Materials presented at public m tings shall become property of the City of Meridian. J:..age 1 or 1 Tara Green From: Brad Hawkins-Clark [hawkinsb@meridiancity.org] Sent: Friday. May 07, 200410:11 AM To: 'Jessica Johnson'; greent@cLmeridianJd.us Subject: FW: Saguaro Canyon Findings Memo RJECEIVED MAY 0 7 2004 Tara/Jessica, City Of Meridian City Clerk Office Please forward the e-mail below to City Council reo Saguaro Canyon. Thanks, Brad ~----Orig fnal Message----- From: Dave McKinnon [mailto:davem@pinnacle-engineers.com] Sent: Friday, May 07, 2004 9:53 AM To: 'Brad Hawkins-Clark' Subject: RE: Saguaro Canyon Findings Memo Brad, Justin and I just reviewed your suggested changes to the FF/CL for Saguaro Canyon, as well as reviewing the original FF/CL that were sent to me earlier this week and we are happy with the suggested changes to the FF/CL. Please feel free to forward this e-mail on to the Mayor and City Council indicating our agreement with the changes. Thanks for keeping us in the loop. Dave McKinnon -----Original Message----- From: Brad Hawkins-Clark [mailto:hawkinsb@meridiancity.org] Sent: Thursday, May 06, 2004 4:41 PM To: 'Jessica Johnson'; greent@ci.meridian.id.us; 'Marlene St. George' Cc: 'Dave McKinnon' Subject: Saguaro Canyon Findings Memo Attached is a staff memo to City Council for the May 11 council meeting for Saguaro Canyon Estates. BHC 5/7/2004 e l5 20011 To: Of Mel'idian Mayor de Weerd & City Council Clerk Ofli.ce Brad Hawkins-Clark ~\\L City Clerk, City Attorney, David McKinnon (Pinnacle Eng.) May 7,2004 Modifications to FF/CUDO for Saguaro Canyon Estates (AZ-03-027, PP-03-032) From: cc: Date: Re: The subject Findings of Fact, Conclusions of Law and Decision and Order were tabled to your May 11 Consent Agenda to allow staff time to review the final documents. The CUP (03-058) appears clean. The following modifications are recommended for more clarity and accuracy in the Preliminary Plat and Annexation & Zoning documents: AZ-03-027 · #3, pg. 6, 3rd line - The correct number of buildable lots is 432, not 433. · #8, pg. 7, 1st line - Strike ". . .'Nhich '.vill come in up in Ph::lse 10." (This access road is intended to be used for a new residence earlier than Phase 10.) · #8, pg. 7, 2nd para, 3rd line - Strike ". . .other access," so it reads ". . .residence obtains other public access. . ." (NOTE: These same edits/changes appear in PP-03-032.) PP-03-032 · #17, pg.11 - Add a new paragraph to the end of condition #17 which is the condition #8 from AZ-03-027 pertaining to Mr. Brian McColl's language on the secondary access. (This is simply to keep consistency between the annexation and pre plat approval documents.) · Item "G", pg. 17 - Strike the Parks Department comment about the pathway "not connecting through the development." The revised plan shows the pathway extending all the way through. · #4, pg. 18 - Add the phrase "See the attached exhibit" to the end of this paragraph and have the Attorney/Clerk attach the re-subdivision plan as an exhibit. With the above edits, staff recommends the final documents be adopted. 1 April 29, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Farwest LLC CU P 03-058 May 4,2004 ITEM NO. D-~ REQUEST Findings - Request for a Conditional Use Permit for a PD for reduced requirements for frontages, lot sizes. & min house size & permission to have 2 cul-de-sac lengths exceed max lengt in proposed R-4 zone for proposed Saguaro Canyon Estates Subdivision AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings ~~ 04/ 0/l'/ Contacted: EmaHed: Date: ~~hone: taft Initials elings shall become property of the City of Meridian. BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/10/04 C/C 03/09/04 C/C 03/23/04 C/C 04/13/04 C/C 04/20/04 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) DEVELOPMENT FOR SAGUARO ) CANYON ESTATES SUBDIVISION ) IN AN R-4 ZONE, LOCATED ) WITHIN SECTION 30, T4N, RIE, ) THE SQUARE MILE BORDERED ) BY CHINDEN BLVD., MERIDIAN, ) LOCUST GROVE AND McMILLAN ) ROADS, MERIDIAN, IDAHO ) ) FARWEST,LLC, ) APPLICANT ) ) Case No. CUP-03-058 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on February 10, 2004, and re-noticed for March 9,2004, and continued until March 23, 2004, April 13,2004, and April 20, 2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, Brad Watson of the Public Works Department, Dave McKinnon, John Priddy, Mike Atkins, Stephanie Beehler, Jeff Papke, Barbara Nosek, Becky McKay, Dean Briggs, Mike FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 29 Youngberg, Grant Lee, Brian McColl, and Robert Greiner, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for February 10, 2004, and re- noticed for March 9,2004, and continued until March 23, 2004, April 13, 2004, and April 20, 2004, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') 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 the 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 February 10, 2004, and re-noticed for March 9,2004, and continued until March 23, 2004, April 13, 2004, and April 20, 2004, public hearings; 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 29 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an RUT zone and by reason ofthe provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located within Section 30, T4N, RIE, the square mile bordered by Chinden Blvd, Meridian, Locust Grove and McMillan Roads, Meridian, Idaho. 5. The owners ofrecord of the subject property are Robert and Marlene Rhead and George and Betty Boyack and they have submitted an affidavit oflegal interest to allow the submission of subject applications. The Rheads own the 79.2 acre parcel that fronts on McMillan Road and the Boyacks own the other 60.9 acre parcel. 6. Applicant is Farwest, LLC, represented by Justin Martin. 7. The subject property is currently zoned RUT by Ada County. There is, however, an application for annexation and zoning to R-4 (Low Density Residential) before the City Council. The zoning district ofR-4 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a Planned Development for single family residential use with reduced lot sizes, lot frontages, house sizes and increased block lengths for cul-de-sacs. The Planned Development designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 29 obtained for most uses and exceptions, including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Medium Density Residential. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The City Council recognized the concerns of the following individuals: .:. the Larkwood Homeowner's Association .:. Kenneth Christensen (letter dated 12/3/03) .:. Michael S. Adkins (letter dated 1/22/04) .:. John Priddy (letter dated 12/2/03) Dean Briggs of Briggs Engineering, on behalf of Robert and Marlene Rhead, entered into the public record their letter of approval, and which is on file with the Meridian City Clerk's office. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 29 A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 3. The applicant shall provide/construct the following amenities within the subdivision: a. A minimum oflO% of the gross land area, or 14.0 acres, improved as usable open space; b. A lO-foot wide, public, asphalt pathway, built as a continuous system from the west property line in Lot 55, Block 12, and extending to the east property line (on the south side ofW. Totem Pole Street); c. Two (2) tot lots, where one is provided in Lot 6, Block 16 and the other is constructed in one of the two private park lots. 4. Applicant shall construct a 5-foot, vinyl fence with I-foot lattice on top along the entire shared boundary with Larkwood Subdivision. 5. The following deviations from the Zoning and Subdivision Ordinance (MCC Title 11 and 12) are approved as part ofthis application: Lot Size- City Requirement R-4: 8,000 sq. ft. per lot Proposed Lot Sizes 5,735 sq. ft. minimum per lot House Size- City Requirement 1,400 sq. ft. minimum Proposed Minimum Area 1,201 sq. ft. minimum Frontage- City Requirement 80' minimum 40' minimum (cul-de-sac) Proposed Minimum Frontage 60' minimum (perpendicular streets) 30' minimum (cui de sacs/curves) Proposed Minimum Frontage of 24 feet that applies only to Lot 34, Block 28 in order to create a legal lot with frontage this lot prior to internal street access being made available. (Per action ofthe City Council taken at their April 20, 2004 meeting. ) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 29 Cul-de-sac Length - City Requirement 450' maximum Proposed Lengths 550' maximum 6. All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances. All stonnwater detention facilities incorporated into the required open space are subject to MCC 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. 7. The applicant shall coordinate with ACHD to provide either painted or other pedestrian crosswalks at the intersections where the regional pathway crosses Joshua Tree, Giant Saguaro, San Pedro and Red Horse Way. 8. Lots 26, 41, 43 and 44, Block 9 shall have a special condition, as agreed to with the Larkwood HOA, that no structure on these lots shall exceed a height of 25 feet. B. Adopt the Recommendations of the Meridian Fire Department staff as follows: 1. The fire department has no objection to the request for longer cul-de-sac lengths. C. Adopt the Recommendations of ACHD as follows: 1. Do NOT dedicate additional right-of-way on McMillan Road abutting this parcel. 2. Construct a 10-foot wide (minimum) asphalt pathway just north of the canal, as proposed. 3. Construct the main entrance, North Red Horse Way, to intersect McMillan Road approximately 515-feet east ofthe west property line to align with the main entrance of Cobre Basin Subdivision (aka Havasu Creek Subdivision), as proposed. 4. Construct an eastbound center turn lane at the intersection of McMillan Road and North Red Horse Way. Install the left- turn lane either when the project begins construction or when the warrant is met. The warrant will be met at the final platting of lot 115. Coordinate the design of the turn lane with District staff. 5. Construct North Red Horse Way as a collector roadway with two travel lanes that are separated by a center island with center turn pockets at each public roadway intersection with vertical curb, gutter and 5-foot meandering concrete sidewalk within 75-feet of right-of-way, as proposed. Provide the District with an easement for any part of the sidewalk that extends outside of the right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF29 6. Construct Ocelot Court (from North Red Horse Way to the west), Red Hills Avenue (from Joshua Tree Street to West Prickly Pear Court), West Prickly Pear Court, North Saguaro Hills Place, North Cactus Hills Avenue, North Pinery Canyon Place, North Claret Cup Place, and North Red Hills Place (from West Cholla Hills Street to the south) as 29-foot street sections with curb, gutter and a 5-foot detached sidewalk within 50-feet of right-of-way, as proposed. Parking is restricted to one side and the applicant is required to provide the District with documentation that showing the review and approval from the Meridian Fire Department. . If the applicant would like to construct the 29-foot street sections as 33-foot street sections with curb, gutter and sidewalk within 50-feet of right-of-way, the applicant may do so. 7. Construct the remaining roadways as 33-foot street sections with curb, gutter and a 4-foot detached concrete sidewalk within 50-feet of right-of-way, as proposed. 8. Construct a 20-foot wide residential driveway for lot 4 block II that intersects North Red Horse Way approximately 400-feet north of McMillan Road, as proposed. 9. Construct a stub street to the west property line approximately 1,950-feet north of McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 10. Construct a stub street to the west property line approximately 750-feet south of the north property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 11. Construct a stub street to the north property line approximately 110-feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 12. Construct a stub street to the north property line approximately 900-feet west of the east property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 13. Construct a stub street to the north property line approximately 113-feet west of the east property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 14. Construct a stub street to the east property line approximately 120-feet south of the north property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 15. Construct a stub street to the east property line to the 29.7-acre site located to the east of the subject property. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 29 16. Construct two standard cul-de-sac turnarounds within the subdivision, as proposed. Provide a minimum turning radius of 45-feet. 17. Construct four alternative turnarounds with parking located in the center of the turnarounds, as proposed. Provide a minimum turning radius of 18-feet, adequately accommodate for drainage and provide the District with documentation showing the review and approval of the non standard turnaround from the Meridian Fire Department. Submit a design ofthe turnaround for review and approval by District Development Division staff. 18. Construct center islands/medians within the public right-of-way of North Red Horse Way, as proposed. Provide a minimum of a 20-foot street section on either side of any proposed center island within the public roadway. The medians are required to be constructed a minimum of 4- feet wide to total a minimum of a 100-square foot area. 19. Construct islands (with parking) within four of the proposed turnarounds, as proposed. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians are required to be constructed a minimum of 4- feet wide to total a minimum of a 100-square foot area. 20. Other than the access point that has been specifically approved with this application, direct lot access to North Red Horse Way is prohibited. Notes of this restriction shall be placed on the final plat. 21. Other than the access point that has been specifically approved with this application, direct lot access to McMillan Road is prohibited. Notes of this restriction shall be placed on the final plat. 22. Comply with all Standard Conditions of Approval. D. Adopt the Recommendations ofthe Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGES OF29 4. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stonnwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of the Water Department as follows: 1. As long as water meters and fire hydrants are not encroached upon, the reduced lot sizes would be okay with the Department. F. Adopt the action of the City Council taken at their April 20, 2004 meeting as follows: For clarification: 1. Placed into record, and which is on file with the Meridian City Clerk's office, is the Letter of Approval and Acceptance from Grant and Joyce Lee, dated Apo120, 2004. 2. The Applicant, Farwest, LLC, per their letter dated January 6, 2004, pertaining to Larkwood/Saguaro Canyon Agreements, agrees to provide the following: a. A 25' height restriction (measurement at the peak, to allow for a second story bonus room only) on 4 lots in the Saguaro Canyon Subdivision along the Larkwood boundary (Lots 26, 41, 43 and 44, Block 9). b. To construct a vinyl fence with l' lattice on the top along the Larkwood west boundary. c. The Applicant has cut and reworked the lots on the original submittal from 27 buildable lots to 20 buildable lots in the latest plat. The 20 buildable lots remaining on the Larkwood boundary average 13,268 square feet. These 20 lots are an average of 42.85% larger than the average lot in Saguaro Canyon. d. Tile the North Slough, North Slough #2 and the Rosti Laterals. Farwest, LLC will also tile any of the above mentioned ditches adjacent to the Larkwood west boundary regardless of their minor meandering across the legal lot lines. e. Provide a pressurized irrigation stub to each ofthe Larkwood lots adjoining Saguaro Canyon, providing the Larkwood homeowners transfer sufficient water rights to the pump station diversion point to provide for these stubs. 3. The Applicant submitted a revised preliminary plat dated April 6, 2004, in the corresponding preliminary plat PP-03-032, which removes several lots on the east, west and north boundaries. The revised plat proposes 432 buildable lots (vs. 442) FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 29 and has a gross densityof3.09 du/acre (vs. 3.15 du/acre). Other than the removal of ten (10) lots, no other modifications were made to the corresponding preliminary plat, PP-03-032, the April 6, 2004 preliminary plat is approved. 4. The Applicant also submitted a future re-subdivision plan for Lot 34, Block 28 (the 5-acre Boyack lot). 5. A detailed fencing plan shall be submitted upon application of the final plat. A 5-foot vinyl fence with one-foot of lattice on top is required adjacent to the Larkwood Subdivision. In addition, the Applicant has agreed to provide a stamped concrete fence adjacent to Lots 1-9, Block 33 and Lot 37, Block 28. 6. Prior to City of Meridian approval ofa new, single-family building permit for the area shown as Lot 34, Block 28, the area shall be combined with Ada County parcel S053 0244450 (the existing driveway) to create a single flag lot with frontage on Meridian Road. If not previously platted, said flag lot shall be included in the first final plat submitted that is north of Phase 5 (the existing Ada Co. parcel S0530244350). A one-time building permit is allowed to be issued for Ada Co. parcel S0530244350 (the 60.89 acre Boyack parcel) prior to final plat recordation. Any existing dwelling units on the parcel must be demolished prior to issuance of a new building permit. 7. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the regional pathway in each phase ofthe subdivision. The public easement shall be recorded for the pathway prior to occupancy of any structures in that particular phase of the subdivision. Submit a copy of the recorded easement to the Planning and Zoning and Parks Departments. The easement shall be sufficient width to cover the 1 O-wide pathway. The pedestrian easement is allowed to decrease to 6 feet wide in front of Lots 7-12, Block 23 and Lot 71, Block 9, on the south side of E. Mesa Bluffs Street. Buildings are precluded from constructing within this easement. The I a-foot wide hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within the phase. Additionally, a note shall be added to the face of each final plat indicating the City of Meridian is responsible for the maintenance ofthe pathway surface located within the easement. Applicant shall conform to the Park's Department standards for construction of the regional pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. 8. Pertaining to the 24 foot access road, and which the Boyack 5-acre property is part of the total parcel in this annexation and zoning, the 24 foot access road shall be regulated as follows: Within the Development Agreement there shall be a provision that the 24 foot lane FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 29 will be limited to use for one single-family residence on that five acres and no others, until such time as either that residence obtains other public access, and/or the five acres is approved for redevelopment. At that time, the 5-acre Boyack property shall either: 1) relinquish any rights to use that lane for access; 2) offer it for sale to either the property owner on the north or the property owner on the south, at appraised fair market value. 9. At the April 20, 2004 Council meeting, Dave McKinnon, the Applicant's representative, addressed the neighboring property owners concerns over traffic, density/transition, and collector roads. It is noted at the public hearing by Dave McKinnon as follows: Traffic: Traffic has always been a concern, and there has been a recent concern with the North Meridian Area Plan, as far as what is actually happening with it presently. The impact fees that are paid for these types ofprojects are spent in different areas currently, and you cannot have change in the road system without the impact fees. Without the development there are no impact fees, and there would not be the money to pay for the growth or for improvements in the roads in the future. This growth is helping to pay, through ACHD, for the fixing and building of roads in other areas and in the future these roads will be fixed and maintained by ACHD. Due to a large ditch that runs along McMillan Road the developer is not able to construct a secondary access onto McMillan Road. Densitv/Transition: The reason for the 90 degree pie-shaped lots, which are located on the rear eastern end of the project, are that these lots would be only approximately two lots for every single one within Larkwood. Across the street the lots step down to 10,000 square feet; and which 10,000 square foot lots are still larger than the minimum lot size. As you go farther back into the subdivision until you cross the collector street those lots become smaller. The lots within the subdivision range from 9,200 sq. ft. up to 11,000 sq. ft. in size. Located on the interior ofthe subdivision are large lots. The smaller lots are located adjacent to the school site, to the Ashenbrenner's site, and across the collector street, to help provide for transition. The transition expands from east to west within the subdivision. Collector Roads: The City would like to see collector streets at the half-mile, but they don't have to align directly with the half mile, (such as the Lochsa Falls development). The Priddy property does not want traffic running right along the side of their home and property, and the need for buffering this area could be addressed by having the street come in at the half-mile location, and then jog to the south. This would provide a buffer to the 24 foot wide street. The Developer is in agreement of getting rid of the 24 foot wide road once everything is developed. Upon complete build out FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF29 of the Saguaro Canyon Subdivision, then the 24 foot wide access road is something that the Wilsons would have to work out with the Ashenbrenner property owners. 14. It is found that the subject property is large enough to accommodate the requested use and all other required features required by ordinance. 15. It is found that the requested zoning designation, R-4, is harmonious with and in accordance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Medium Density Residential". There is a minimum target density ofthree (3) dulacre in the Comprehensive Plan and Saguaro Canyon's gross density is 3.09 dulacre. The Future Land Use Map shows a potential public park site, regional pathway, and future school site in this section. The Applicant proposes to construct a IO-foot-wide regional path from the parcel's west boundary to the northeast boundary. Joint School District No.2 has purchased 40 acres of the 11 Q-acre AschenbrelU1er parcel to the west for a middle school site and they are not pursuing any further land acquisitions in Section 30 at this time. There is no awareness that any efforts of the Meridian Parks and Recreation Department is undertaking to acquire land within this section for a public park. The Comprehensive Plan contains policies which encourage development to be phased in accordance with their connection to the sewer system (policy #8, page 108 )and similar policies aimed at controlling growth. The majority ofthis development precedes the permanent sewer trunk line that is intended to serve this area (North Slough). The Comprehensive Plan policies which generally support the alU1exation request are as follows: Ch. V, GoalllI, Obj. B. #7 Ch. VI, Bullet #2, pg. 71 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 29 Ch. VI, Bullet #5, pg. 71 Ch. VI, Bullet #1, pg. 73 Ch. VI, Goal II, Obj. A, #5 Ch. VI, Goal II, Obj. A, #6 Ch. VII, Goal III, Obj. B, #3 Ch. VII, Goal VI, Obj. C, #3 Ch. VI, Goal IV, Obj. A, #10 Ch. VI, Goal IV, Obj. A, #13 Ch. VII, Goal V, Obj. A, #8 16. It is found that the land directly south of the subject property was approved for development similar to the proposed subdivision in 2002 (Cobre BasinlHavasu Creek). There is an existing church (Holy Apostle's Catholic) approximately 260 feet north of this property's north boundary. Also, a new elementary school is currently being constructed in the northeast comer of the section (approved through Ada County), approximately 1,000 feet from the subject parcel. It is found that the requested zoning district (R-4) is harmonious with several other approved developments in the North Meridian Area (e.g. Havasu Creek, Bridgetower, Lochsa Fans, Cedar Springs). Neither McMillan or Meridian Road (between Chinden and McMillan) are programmed within ACHD's Five Year Work Program. McMillan Road is in ACHD's Capital hnprovement Program and is anticipated to be reconstructed in 2018. The property is designed to sewer into a portion of the North Slough Trunk that is not yet constructed. It is found that the requested zoning and annexation could be deemed premature for this section (TAN., R.I E, Section 30) based on the Comprehensive Plan policies noted above. However, the approval ofHavasu Creek Subdivision and the school district's intent to construct a new Middle School in the next two to three years demonstrates a certain degree of intent for the City to expand in this area. It is found that the proposed single family residential use will change the existing rural FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF29 character of the subject property. There are two estate-style properties abutting the west boundary and a low density, county development to the east. Neither of these is expected to redevelop in the near future. The intended character of the vicinity is a mix of urban and suburban scale developments on a generally gridded street system with a focus on single family and multi-family housing at 3 to 8 d.u./acre. The proposed use is compatible with the Future Land Use Map. The design and density conforms to most of the Comprehensive Plan policies. 17. It is not anticipated that the proposed residential uses will be hazardous. However, it is found that the new residences may be disruptive to existing agricultural practices to the west and north. 18. It is found that the property to be alUlexed will or can be served adequately by most essential public facilities and services if all conditions of approval are met by the applicant. The applicant shall be required to extend water mains to and through the proposed development, thereby making them available to the adjacent properties. The applicant and/or future property owners will be required to pay park and highway impact fees as well as construct on-site stormwater drainage facilities. The north two-thirds of the parcel are not served by sanitary sewer. The applicant should present more details to the City regarding how they will provide or coordinate the extension of the North Slough Trunk. Please review ACHD, Police and the Fire Department's comments concerning this subdivision for further information regarding public services and facilities. 19. It is found that there will not be excessive additional requirements at public cost for public services and facilities, if the applicant complies with the conditional use permit FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 29 conditions, and the conditions of approval for the accompanying annexation and zoning and preliminary plat. It is found that the development will require public expenditures for extending the North Slough Trunk. Specifically, the Public Works must enter into a contract with a private firm to acquire easements, design and construct the line. The funding for this extension is budgeted in the FY04 budget, with a preliminary estimated schedule of construction completion by June 2005. 20. It is recognized that traffic and noise will increase significantly upon build-out of the proposed subdivision. Refer to the TIS prepared by WGI that accompanies the atmexation and zoning application for specific details on traffic impacts. Specifically, the Red Horse WaylMcMillan intersection (serving both Havasu Creek and Saguaro Canyon) will create congestion on McMillan Road, even with the center turn lane and right turn lanes constructed. However, it is not felt that the amount generated will be detrimental to the public welfare if all City and ACHD conditions of approval are met. It is found that the proposed subdivision will not involve uses that would create other nuisances that would be detrimental to the general welfare of the surrounding area. 21. It is recognized that traffic and noise will increase significantly upon build-out of the proposed subdivision. Refer to the TIS prepared by WGI that accompanies the annexation and zoning application for specific details on traffic impacts. Specifically, the Red Horse Way /McMillan intersection (serving both Havasu Creek and Saguaro Canyon) will create congestion on McMillan Road, even with the center turn lane and right turn lanes constructed. However, it is not felt that the amount generated will be detrimental to the public welfare if all City and ACHD conditions of approval are met. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 29 It is found that the proposed subdivision will not involve uses that would create other nuisances that would be detrimental to the general welfare of the surrounding area. It is found that the subdivision's vehicular approach off of McMillan Road will need to be aligned with the existing public street on the south side of McMillan and comply with the turn lane and intersection control conditions imposed by ACHD. The other proposed roadways will need to be improved in compliance with ACHD requirements in order to alleviate interference with the existing and proposed intersections. Review ofthe ACHD comments concerning vehicular approaches and traffic generation will provide additional information. ACHD has approved the Saguaro Canyon application. 22. It is found that no natural or scenic features of major importance will be lost or damaged by approving the alUlexation and re-zone. The North Slough does bisect the property and is proposed to be piped underground. However, this facility is not considered to be a feature of "major importance" for the community. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. S67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 29 and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part ofa zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions ofthe ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code g 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character ofthe same area; d. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establislunent of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 29 h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Low Density Residential District (R-4), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Plaruring and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17-6) 7. When the City Council approves a conditional use permit it may impose FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 29 conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature ofthe development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS 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 that: 1. That the above named applicant is granted a conditional use permit for a Planned Development for single family residential use with reduced lot sizes, lot frontages, house sizes and increased block lengths for cul-de-sacs on 140.97 acres in a proposed R-4 zone for Saguaro Canyon Estates Subdivision located within Section 30, T4N, RIE, the square mile bordered by Chinden Blvd, Meridian, Locust Grove and McMillan Roads, Meridian, Idaho, subject to the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 29 following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 3. The applicant shall provide/construct the following amenities within the subdivision: a. A minimum oflO% of the gross land area, or 14.0 acres, improved as usable open space; b. A 10-foot wide, public, asphalt pathway, built as a continuous system from the west property line in Lot 55, Block 12, and extending to the east property line (on the south side ofW. Totem Pole Street); c. Two (2) tot lots, where one is provided in Lot 6, Block 16 and the other is constructed in one of the two private park lots. 4. Applicant shall construct a 5-foot, vinyl fence with I-foot lattice on top along the entire shared boundary with Larkwood Subdivision. 5. The following deviations from the Zoning and Subdivision Ordinance (MCC Title 11 and 12) are approved as part of this application: Lot Size- City Requirement R-4: 8,000 sq. ft. per lot Proposed Lot Sizes 5,735 sq. ft. minimum per lot House Size- City Requirement 1,400 sq. ft. minimum Proposed Minimum Area 1,201 sq. ft. minimum Frontage- City Requirement 80' minimum 40' minimum (cul-de-sac) Proposed Minimum Frontage 60' minimum (perpendicular streets) 30' minimum (cuI de sacs/curves) Proposed Minimum Frontage of24 feet that applies only to Lot 34, Block 28 in order to create a legal lot with frontage this lot prior to internal street access being made available. (Per action of the City Council taken at their April 20, 2004 meeting. ) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 29 Cul-de-sac Length- City Requirement 450' maximum Proposed Lengths 550' maximum 6. All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances. All stormwater detention facilities incorporated into the required open space are subject to MCC 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. 7. The applicant shall coordinate with ACHD to provide either painted or other pedestrian crosswalks at the intersections where the regional pathway crosses Joshua Tree, Giant Saguaro, San Pedro and Red Borse Way. 8. Lots 26, 41, 43 and 44, Block 9 shall have a special condition, as agreed to with the Larkwood BOA, that no structure on these lots shall exceed a height of 25 feet. B. Adopt the Recommendations of the Meridian Fire Department staff as follows: 1. The fire deparbnent has no objection to the request for longer cul-de-sac lengths. C. Adopt the Recommendations of ACHD as follows: 1. Do NOT dedicate additional right-of-way on McMillan Road abutting this parcel. 2. Construct a 10-foot wide (minimum) asphalt pathway just north of the canal, as proposed. 3. Construct the main entrance, North Red Horse Way, to intersect McMillan Road approximately 515-feet east ofthe west property line to align with the main entrance ofCobre Basin Subdivision (aka Havasu Creek Subdivision), as proposed. 4. Construct an eastbound center turn lane at the intersection of McMillan Road and North Red Horse Way. fustall the left- turn lane either when the project begins construction or when the warrant is met. The warrant will be met at the final platting oflot 115. Coordinate the design of the turn lane with District staff. 5. Construct North Red Horse Way as a collector roadway with two travel lanes that are separated by a center island with center turn pockets at each public roadway intersection with vertical curb, gutter and 5-foot meandering concrete sidewalk FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 29 within 75-feet of right-of-way, as proposed. Provide the District with an easement for any part of the sidewalk that extends outside of the right-of-way. 6. Construct Ocelot Court (from North Red Horse Way to the west), Red Hills Avenue (from Joshua Tree Street to West Prickly Pear Court), West Prickly Pear Court, North Saguaro Hills Place, North Cactus Hills Avenue, North Pinery Canyon Place, North Claret Cup Place, and North Red Hills Place (from West Cholla Hills Street to the south) as 29-foot street sections with curb, gutter and a 5-foot detached sidewalk within 50-feet of right-of-way, as proposed. Parking is restricted to one side and the applicant is required to provide the District with documentation that showing the review and approval from the Meridian Fire Department. . If the applicant would like to construct the 29-foot street sections as 33-foot street sections with curb, gutter and sidewalk within 50-feet of right-of-way, the applicant may do so. 7. Construct the remaining roadways as 33-foot street sections with curb, gutter and a 4-foot detached concrete sidewalk within 50-feet of right-of-way, as proposed. 8. Construct a 20-foot wide residential driveway for lot 4 block 11 that intersects North Red Horse Way approximately 400-feet north of McMillan Road, as proposed. 9. Construct a stub street to the west property line approximately 1,950-feet north of McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 10. Construct a stub street to the west property line approximately 750-feet south of the north property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 11. Construct a stub street to the north property line approximately 11O-feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, 1tTHIS ROAD WILL BE EXTENDED IN THE FUTURE". 12. Construct a stub street to the north property line approximately 900-feet west of the east property line, as proposed. Install a sign at the terminus of the roadway stating that, IITHIS ROAD WILL BE EXTENDED IN THE FUTUREII. 13. Construct a stub street to the north property line approximately 1 13-feet west ofthe east property line, as proposed. Install a sign at the terminus of the roadway stating that, IITHIS ROAD WILL BE EXTENDED IN THE FUTURE". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 29 14. Construct a stub street to the east property line approximately 120-feet south of the north property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 15. Construct a stub street to the east property line to the 29.7-acre site located to the east of the subject property. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 16. Construct two standard cul-de-sac turnarounds within the subdivision, as proposed. Provide a minimum turning radius of 45-feet. 17. Construct four alternative turnarounds with parking located in the center of the turnarounds, as proposed. Provide a minimum turning radius of I8-feet, adequately accommodate for drainage and provide the District with documentation showing the review and approval of the non standard turnaround from the Meridian Fire Department. Submit a design of the turnaround for review and approval by District Development Division staff. 18. Construct center islands/medians within the public right-of-way of North Red Horse Way, as proposed. Provide a minimum of a 20- foot street section on either side of any proposed center island within the public roadway. The medians are required to be constructed a minimum of 4- feet wide to total a minimum of a 100- square foot area. 19. Construct islands (with parking) within four of the proposed turnarounds, as proposed. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians are required to be constructed a minimum of 4- feet wide to total a minimum of a 100-square foot area. 20. Other than the access point that has been specifically approved with this application, direct lot access to North Red Horse Way is prohibited. Notes ofthis restriction shall be placed on the final plat. 21. Other than the access point that has been specifically approved with this application, direct lot access to McMillan Road is prohibited. Notes of this restriction shall be placed on the final plat. 22. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF29 D. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-offis not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for storm water disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of the Water Department as follows: 1. As long as water meters and fire hydrants are not encroached upon, the reduced lot sizes would be okay with the Department. F. Adopt the action ofthe City Council taken at their April 20, 2004 meeting as follows: For clarification: L. Placed into record, and which is on file with the Meridian City Clerk's office, is the Letter of Approval and Acceptance from Grant and Joyce Lee, dated April 20, 2004. 2. The Applicant, Farwest, LLC, per their letter dated January 6, 2004, pertaining to Larkwood/Saguaro Canyon Agreements, agrees to provide the following: a. A 25' height restriction (measurement at the peak, to allow for a second story bonus room only) on 4 lots in the Saguaro Canyon Subdivision along the Larkwood boundary (Lots 26, 41, 43 and 44, Block 9). b. To construct a vinyl fence with l' lattice on the top along the Larkwood west boundary. c. The Applicant has cut and reworked the lots on the original submittal from 27 buildable lots to 20 buildable lots in the latest plat. The 20 buildable lots remaining on the Larkwood boundary average 13,268 square feet. These 20 lots are an average of 42.85% larger than the average lot in Saguaro Canyon. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 24 OF 29 d. Tile the North Slough, North Slough #2 and the Rosti Laterals. Farwest, LLC will also tile any of the above mentioned ditches adjacent to the Larkwood west boundary regardless of their minor meandering across the legal lot lines. e. Provide a pressurized irrigation stub to each of the Larkwood lots adjoining Saguaro Canyon, providing the Larkwood homeowners transfer sufficient water rights to the pump station diversion point to provide for these stubs. 3. The Applicant submitted a revised preliminary plat dated April 6, 2004, in the corresponding preliminary plat PP-03-032, which removes several lots on the east, west and north boundaries. The revised plat proposes 432 buildable lots (vs. 442) and has a gross densityof3.09 du/acre (vs. 3.15 du/acre). Other than the removal of ten (10) lots, no other modifications were made to the corresponding preliminary plat, PP-03-032, the April 6, 2004 preliminary plat is approved. 4. The Applicant also submitted a future re-subdivision plan for Lot 34, Block 28 (the 5-acre Boyack lot). 5. A detailed fencing plan shall be submitted upon application ofthe final plat. A 5-foot vinyl fence with one-foot of lattice on top is required adjacent to the Larkwood Subdivision. In addition, the Applicant has agreed to provide a stamped concrete fence adjacent to Lots 1-9, Block 33 and Lot 37, Block 28. 6. Prior to City of Meridian approval of a new, single-family building permit for the area shown as Lot 34, Block 28, the area shall be combined with Ada County parcel S0530244450 (the existing driveway) to create a single flag lot with frontage on Meridian Road. If not previously platted, said flag lot shall be included in the first final plat submitted that is north of Phase 5 (the existing Ada Co. parcel 80530244350). A one-time building permit is allowed to be issued for Ada Co. parcel 80530244350 (the 60.89 acre Boyack parcel) prior to final plat recordation. Any existing dwelling units on the parcel must be demolished prior to issuance of a new building permit. 7. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the regional pathway in each phase of the subdivision. The public easement shall be recorded for the pathway prior to occupancy of any structures in that particular phase of the subdivision. 8ubmit a copy of the recorded easement to the Planning and Zoning and Parks Departments. The easement shall be sufficient width to cover the 1 O-wide pathway. The pedestrian easement is allowed to decrease to 6 feet wide in front of Lots 7-12, Block 23 and Lot 71, Block 9, on the south side of E. Mesa Bluffs Street. Buildings are precluded from constructing within this easement. The I O-foot wide hard surfaced pathway shall be constructed and fully improved prior to the issuance ofthe first Certificate of Occupancy for any building within the phase. Additionally, a note shall be added to the face of each final plat indicating the City of Meridian is responsible for the maintenance of the pathway surface located within the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 25 OF 29 easement. Applicant shall confonn to the Park's Department standards for construction of the regional pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. 8. Pertaining to the 24 foot access road, and which the Boyack 5-acre property is part of the total parcel in this annexation and zoning, the 24 foot access road shall be regulated as follows: Within the Development Agreement there shall be a provision that the 24 foot lane will be limited to use for one single-family residence on that five acres and no others, until such time as either that residence obtains other public access, and/or the five acres is approved for redevelopment. At that time, the 5-acre Boyack property shall either: 1) relinquish any rights to use that lane for access; 2) offer it for sale to either the property owner on the north or the property owner on the south, at appraised fair market value. 9. At the April 20, 2004 Council meeting, Dave McKinnon, the Applicant's representative, addressed the neighboring property owners concerns over traffic, density/transition, and collector roads. It is noted at the public hearing by Dave McKinnon as follows: Traffic: Traffic has always been a concern, and there has been a recent concern with the North Meridian Area Plan, as far as what is actually happening with it presently. The impact fees that are paid for these types of projects are spent in different areas currently, and you cannot have change in the road system without the impact fees. Without the development there are no impact fees, and there would not be the money to pay for the growth or for improvements in the roads in the future. This growth is helping to pay, through ACHD, for the fixing and building of roads in other areas and in the future these roads will be fixed and maintained by ACHD. Due to a large ditch that runs along McMillan Road the developer is not able to construct a secondary access onto McMillan Road. DensitvlTransition: The reason for the 90 degree pie-shaped lots, which are located on the rear eastern end of the project, are that these lots would be only approximately two lots for every single one within Larkwood. Across the street the lots step down to 10,000 square feet; and which 10,000 square foot lots are still larger than the minimum lot size. As you go farther back into the subdivislon until you cross the collector street those lots become smaller. The lots within the subdivision range from 9,200 sq. ft. up to 11,000 sq. ft. in size. Located on the interior of the subdivision are large lots. The smaller lots are located adjacent to the school site, to the Ashenbrenner's site, and across the collector street, to help provide for transition. The transition expands from east to west within the subdivision. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 26 OF 29 Collector Roads: The City would like to see collector streets at the half-mile, but they don't have to align directly with the half mile, (such as the Lochsa Falls development). The Priddy property does not want traffic running right along the side of their home and property, and the need for buffering this area could be addressed by having the street come in at the half-mile location, and then jog to the south. This would provide a buffer to the 24 foot wide street. The Developer is in agreement of getting rid ofthe 24 foot wide road once everything is developed. Upon complete build out of the Saguaro Canyon Subdivision, then the 24 foot wide access road is something that the Wilsons would have to work out with the Ashenbrenner property owners. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 27 OF 29 has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) 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 ofthe City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 28 OF 29 conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. 1/. -il> By action ofthe City Council at its regular meeting held on the /-.L- day of /l1 tLtl ' 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED *L- VOTED~ VOTED ~ VOTED~ VOTED - COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) DATED: ~ //-04- MOTION: APPROVED:L DISAPPROVED: Attest: or Tammy de Weerd \ & ~ William G. Berg, Jr., Cit Clerk ~ ~ :Sr 151' ' ,q) 'h.~O j -;. .1 ^~. " ............ C \V \\,.... ""II OUN1'<. \\,\ Copy served upon Applicant, Planning and'Z'lMi1wglElepartment, Public Works Department and the City Attorney. By\. Ju.CI h City Clerk';; Office Dated: \'\\~\."11 2001- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 29 OF 29 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOPMENT FOR SAGUARO CANYON ESTATES SUBDIVISION IN AN R-4 ZONE, LOCATED WITHIN SECTION 30, T4N, RIE, THE SQUARE MILE BORDERED BY CHINDEN BLVD., MERIDIAN, LOCUST GROVE AND McMILLAN ROADS, MERIDIAN, IDAHO FARWEST, LLC, APPLICANT C/C 02/10/04 C/C 03/09/04 C/C 03/23/04 C/C 04/13/04 C/C 04/20/04 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-058 ORDER GRANTING CONDITIONAL USE PERMIT I. This matter coming before the City Council on February 10, 2004, and re-noticed for March 9,2004, and continued until March 23,2004, April 13, 2004, and April 20,2004, under the provisions of Meridian City Code S 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation ofthe Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a Planned Development for single family residential use with reduced lot sizes, lot frontages, house sizes, ORDER CONDITIONAL USE PERMIT (CUP-03-058) PAGE 1 OF 11 and increased block lengths for cul-de-sacs on 140.97 acres in a proposed R-4 zone for Saguaro Canyon Estates Subdivision located within Section 30, T4N, RIE, the square mile bordered by Chinden Blvd, Meridian, Locust Grove and McMillan Roads, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Applicant shall meet all ofthe requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 3. The applicant shall provide/construct the following amenities within the subdivision: a. A minimum of 10% of the gross land area, or 14.0 acres, improved as usable open space; b. A lO-foot wide, public, asphalt pathway, built as a continuous system from the west property line in Lot 55, Block 12, and extending to the east property line (on the south side ofW. Totem Pole Street); c. Two (2) tot lots, where one is provided in Lot 6, Block 16 and the other is constructed in one of the two private park lots. 4. Applicant shall construct a 5-foot, vinyl fence with I-foot lattice on top along the entire shared boundary with Larkwood Subdivision. 5. The following deviations from the Zoning and Subdivision Ordinance (MCC Title 11 and 12) are approved as part of this application: Lot Size- City Requirement R-4: 8,000 sq. ft. per lot Proposed Lot Sizes 5,735 sq. ft. minimum per lot House Size- Citv Requirement 1,400 sq. ft. minimum Proposed Minimum Area 1,201 sq. ft. minimum Frontage- City Requirement Proposed Minimum Frontage ORDER CONDITIONAL USE PERMIT (CUP-03-058) PAGE 2 OF 11 80' minimum 60' minimum (perpendicular streets) 30' minimum (cui de sacs/curves) 40' minimum (cul-de-sac) Proposed Minimum Frontage of24 feet that applies only to Lot 34, Block 28 in order to create a legal lot with frontage this lot prior to internal street access being made available. (Per action ofthe City Council taken at their April 20, 2004 meeting. ) Cul-de-sac Length- City Requirement 450' maximum Proposed Lengths 550' maximum 6. All areas being counted toward the 10% open space amenity shall be free of "wet ponds" or other such nuisances. All stormwater detention facilities incorporated into the required open space are subject to MCC 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. 7. The applicant shall coordinate with ACHD to provide either painted or other pedestrian crosswalks at the intersections where the regional pathway crosses Joshua Tree, Giant Saguaro, San Pedro and Red Horse Way. 8. Lots 26, 41, 43 and 44, Block 9 shall have a special condition, as agreed to with the Larkwood HOA, that no structure on these lots shall exceed a height of25 feet. B. Adopt the Recommendations of the Meridian Fire Department staff as follows: 1. The fire department has no objection to the request for longer cul-de-sac lengths. C. Adopt the Recommendations of ACHD as follows: 1. Do NOT dedicate additional right-of-way on McMillan Road abutting this parcel. 2. Construct a 10-foot wide (minimum) asphalt pathway just north of the canal, as proposed. 3. Construct the main entrance, North Red Horse Way, to intersect McMillan Road approximately 515-feet east of the west property line to align with the main entrance of Cobre Basin Subdivision (aka Havasu Creek Subdivision), as proposed. ORDER CONDITIONAL USE PERMIT (CUP-03-058) PAGE 3 OF 11 4. Construct an eastbound center turn lane at the intersection of McMillan Road and North Red Horse Way. Install the left- turn lane either when the project begins construction or when the warrant is met. The warrant will be met at the final platting oflot 115. Coordinate the design of the turn lane with District staff. 5. Construct North Red Horse Way as a collector roadway with two travel lanes that are separated by a center island with center turn pockets at each public roadway intersection with vertical curb, gutter and 5-foot meandering concrete sidewalk within 75-feet of right-of-way, as proposed. Provide the District with an easement for any part of the sidewalk that extends outside ofthe right-of-way. 6. Construct Ocelot Court (from North Red Horse Way to the west), Red Hills Avenue (from Joshua Tree Street to West Prickly Pear Court), West Prickly Pear Court, North Saguaro Hills Place, North Cactus Hills Avenue, North Pinery Canyon Place, North Claret Cup Place, and North Red Hills Place (from West Cholla Hills Street to the south) as 29-foot street sections with curb, gutter and a 5-foot detached sidewalk within 50-feet of right-of-way, as proposed. Parking is restricted to one side and the applicant is required to provide the District with documentation that showing the review and approval from the Meridian Fire Department. . If the applicant would like to construct the 29-foot street sections as 33-foot street sections with curb, gutter and sidewalk within 50-feet of right-of-way, the applicant may do so. 7. Construct the remaining roadways as 33-foot street sections with curb, gutter and a 4-foot detached concrete sidewalk within 50-feet of right-of-way, as proposed. 8. Construct a 20-foot wide residential driveway for lot 4 block 11 that intersects North Red Horse Way approximately 400-feet north of McMillan Road, as proposed. 9. Construct a stub street to the west property line approximately I,950-feet north of McMillan Road, as proposed. Install a sign at the terminus ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 10. Construct a stub street to the west property line approximately 750-feet south of the north property line, as proposed. Install a sign at the terminus of the roadway stating that, 1'THIS ROAD WILL BE EXTENDED IN THE FUTURE1'. 11. Construct a stub street to the north property line approximately I IO-feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". ORDER CONDITIONAL USE PERMIT (CUP-03-058) PAGE 4 OF 11 12. Construct a stub street to the north property line approximately 900-feet west of the east property line, as proposed. Install a sign at the terminus of the roadway stating that, 'THIS ROAD WILL BE EXTENDED IN THE FUTUREI1. 13. Construct a stub street to the north property line approximately 113-feet west of the east property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREtI. 14. Construct a stub street to the east property line approximately 120-feet south of the north property line, as proposed. Install a sign at the terminus of the roadway stating that, t1THIS ROAD WILL BE EXTENDED IN THE FUTUREtI. 15. Construct a stub street to the east property line to the 29.7-acre site located to the east of the subject property. Install a sign at the terminus of the roadway stating that, t1THIS ROAD WILL BE EXTENDED IN THE FUTURE". 16. Construct two standard cul-de-sac turnarounds within the subdivision, as proposed. Provide a minimum turning radius of 45-feet. 17. Construct four alternative turnarounds with parking located in the center of the turnarounds, as proposed. Provide a minimum turning radius of 18-feet, adequately accommodate for drainage and provide the District with documentation showing the review and approval of the non standard turnaround from the Meridian Fire Department. Submit a design of the turnaround for review and approval by District Development Division staff. 18. Construct center islands/medians within the public right-of-way of North Red Horse Way, as proposed. Provide a minimum of a 20-foot street section on either side of any proposed center island within the public roadway. The medians are required to be constructed a minimum of 4- feet wide to total a minimum of a 100-square foot area. 19. Construct islands (with parking) within four of the proposed turnarounds, as proposed. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. The medians are required to be constructed a minimum of 4-feet wide to total a minimum ofa 100-square foot area. 20. Other than the access point that has been specifically approved with this application, direct lot access to North Red Horse Way is prohibited. Notes of this restriction shall be placed on the final plat. ORDER CONDITIONAL USE PERMIT (CUP-03-058) PAGE 5 OF 11 21. Other than the access point that has been specifically approved with this application, direct lot access to McMillan Road is prohibited. Notes ofthis restriction shall be placed on the final plat. 22. Comply with all Standard Conditions of ApprovaL D. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division ofEnvironrnental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. E. Adopt the Recommendations of the Water Department as follows: 1. As long as water meters and fire hydrants are not encroached upon, the reduced lot sizes would be okay with the Department. F. Adopt the action of the City Council taken at their April 20, 2004 meeting as follows: For clarification: 1. Placed into record, and which is on file with the Meridian City Clerk's office, is the Letter of Approval and Acceptance from Grant and Joyce Lee, dated April 20, 2004. 2. The Applicant, Farwest, LLC, per their Letter dated January 6, 2004, pertaining to Larkwood/Saguaro Canyon Agreements, agrees to provide the following: a. A 25' height restriction (measurement at the peak, to allow for a second story bonus room only) on 4 lots in the Saguaro Canyon Subdivision along the LarIcwood boundary (Lots 26, 41, 43 and 44, Block 9). ORDER CONDITIONAL USE PERMIT (CUP-03-058) PAGE 6 OF 11 b. To construct a vinyl fence with l' lattice on the top along the Larkwood west boundary. c. The Applicant has cut and reworked the lots on the original submittal from 27 buildable lots to 20 buildable lots in the latest plat. The 20 buildable lots remaining on the Larkwood boundary average 13,268 square feet. These 20 lots are an average of 42.85% larger than the average lot in Saguaro Canyon. d. Tile the North Slough, North Slough #2 and the Rosti Laterals. Farwest, LLC will also tile any of the above mentioned ditches adjacent to the Larkwood west boundary regardless of their minor meandering across the legal lot lines. e. Provide a pressurized irrigation stub to each ofthe Larkwood lots adjoining Saguaro Canyon, providing the Larkwood homeowners transfer sufficient water rights to the pump station diversion point to provide for these stubs. 3. The Applicant submitted a revised preliminary plat dated April 6, 2004, in the corresponding preliminary plat PP-03-032, which removes several lots on the east, west and north boundaries. The revised plat proposes 432 buildable lots (vs. 442) and has a gross densityof3.09 duJacre (vs. 3.15 duJacre). Other than the removal of ten (10) lots, no other modifications were made to the corresponding preliminary plat, PP-03-032, the April 6, 2004 preliminary plat is approved. 4. The Applicant also submitted a future re-subdivision plan for Lot 34, Block 28 (the 5-acre Boyack lot). 5. A detailed fencing plan shall be submitted upon application of the final plat. A 5- foot vinyl fence with one-foot of lattice on top is required adjacent to the Larkwood Subdivision. In addition, the Applicant has agreed to provide a stamped concrete fence adjacent to Lots 1-9, Block 33 and Lot 37, Block 28. 6. Prior to City of Meridian approval of a new, single-family building permit for the area shown as Lot 34, Block 28, the area shall be combined with Ada County parcel S0530244450 (the existing driveway) to create a single flag lot with frontage on Meridian Road. Ifnot previously platted, said flag lot shall be included in the first final plat submitted that is north of Phase 5 (the existing Ada Co. parcel S0530244350). A one-time building permit is allowed to be issued for Ada Co. parcel S0530244350 (the 60.89 acre Boyack parcel) prior to final plat recordation. Any existing dwelling units on the parcel must be demolished prior to issuance of a new building permit. 7. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the regional pathway in each phase of the subdivision. The public easement shall ORDER CONDITIONAL USE PERMIT (CUP-03-058) PAGE70F 11 be recorded for the pathway prior to occupancy of any structures in that particular phase of the subdivision. Submit a copy of the recorded easement to the Planning and Zoning and Parks Departments. The easement shall be sufficient width to cover the 10-wide pathway. The pedestrian easement is allowed to decrease to 6 feet wide in front of Lots 7-12, Block 23 and Lot 71, Block 9, on the south side ofE. Mesa Bluffs Street. Buildings are precluded from constructing within this easement. The 1 O-foot wide hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within the phase. Additionally, a note shall be added to the face of each final plat indicating the City of Meridian is responsible for the maintenance ofthe pathway surface located within the easement. Applicant shall conform to the Park's Department standards for construction of the regional pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. 8. Pertaining to the 24 foot access road, and which the Boyack 5-acre property is part of the total parcel in this annexation and zoning, the 24 foot access road shall be regulated as follows: Within the Development Agreement there shall be a provision that the 24 foot lane will be limited to use for one single-family residence on that five acres and no others, until such time as either that residence obtains other public access, and/or the five acres is approved for redevelopment. At that time, the 5-acre Boyack property shall either: 1) relinquish any rights to use that lane for access; 2) offer it for sale to either the property owner on the north or the property owner on the south, at appraised fair market value. 9. At the April 20, 2004 Council meeting, Dave McKinnon, the Applicant's representative, addressed the neighboring property owners concerns over traffic, density/transition, and collector roads. It is noted at the public hearing by Dave McKinnon as follows: Traffic: Traffic has always been a concern, and there has been a recent concern with the North Meridian Area Plan, as far as what is actually happening with it presently. The impact fees that are paid for these types of projects are spent in different areas currently, and you cannot have change in the road system without the impact fees. Without the development there are no impact fees, and there would not be the money to pay for the growth or for improvements in the roads in the future. This growth is helping to pay, through ACHD, for the fixing and building ofroads in other areas and in the future these roads will be fixed and maintained by ACHD. Due to a large ditch that runs along McMillan Road the developer is not able to ORDER CONDITIONAL USE PERMIT (CUP-03-058) PAGE 8 OF 11 construct a secondary access onto McMillan Road. DensitvITransition: The reason for the 90 degree pie-shaped lots, which are located on the rear eastern end of the project, are that these lots would be only approximately two lots for every single one within Larkwood. Across the street the lots step down to 10,000 square feet; and which 10,000 square foot lots are still larger than the minimum lot size. As you go farther back into the subdivision until you cross the collector street those lots become smaller. The lots within the subdivision range from 9,200 sq. ft. up to 11,000 sq. ft. in size. Located on the interior ofthe subdivision are large lots. The smaller lots are located adjacent to the school site, to the Ashenbrenner's site, and across the collector street, to help provide for transition. The transition expands from east to west within the subdivision. Collector Roads: The City would like to see collector streets at the half-mile, but they don't have to align directly with the half mile, (such as the Lochsa Falls development). The Priddy property does not want traffic running right along the side of their home and property, and the need for buffering this area could be addressed by having the street come in at the half-mile location, and then jog to the south. This would provide a buffer to the 24 foot wide street. The Developer is in agreement of getting rid ofthe 24 foot wide road once everything is developed. Upon complete build out ofthe Saguaro Canyon Subdivision, then the 24 foot wide access road is something that the Wilsons would have to work out with the Ashenbrenner property owners. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code ~ 11-17-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit ORDER CONDITIONAL USE PERMIT (CUP-03-058) PAGE 9 OF 11 holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY T AKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at ORDER CONDITIONAL USE PERMIT (CUP-03-058) PAGE 10 OF 11 Issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the Iii&- day of /fLtlf- ,2004. Attest: SEAL ~ E ~ -<1> Ou ,,~- 0 2 ~ '0 '&'lS\ ' ~ ~ /~/ ~'1 ~ ~ ",,~ 1'// 001 f' IT"{ '\ \.\.\. //1 U,\j . \\' Copy served upon Applicant, the Planniiigianull~~'t\'i~g Department, Public Works Department and City Attorney. By: jClA-OL ~ {It ~ City Clerk's Office Dated: m~ \ "1 ~ LOO4- Z:\Work\M\Meridian\Meridian 15360M\Saguaro Canyon Estates Sub AZ-03-027 PP-03-032 CUP-03-058\OrdelCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-03-058) PAGE 11 OF 11 May 7, 2004 MERIDIAN CITY COUNCIL MEETING APPUCANT Larry and Becky Palmer VAC 04-001 May 11, 2004 ITEM NO. ~ REQUEST Findings - Request for a Vacation of sewer easements on Lots 13 and 14 ofTaylor Subdivision - west of North Meridian Road and north of West Franklin Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POUCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings V[ rr vV Contacted: Emailed: Lo.n ~ y 01 rf\ev' Date: 5-1O-.?t=-~hone: '6\l8-~_ Staff Initio . Materials presented at public meetings shall become property of the City of Meridian. Interoffice . (.... RECIGIVED MAY 0 4 2004 City Of Meridian City Clerk Office MEMORANDUM To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Larry and Becky Palmer for Taylor Subdivision / V AC-04-001 Date: May 3, 2004 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION, for vacation of sewer easements on Lots 13 and 14 of Taylor Subdivision, located west of North Meridian Road and north of West Franklin Road, Meridian, Idaho. These Findings will need to be placed upon an upcoming Council agenda for their approval. If Council approves the Findings, then please send conformed copies to the Ada County Highway District, the Applicant, Planning and Zoning, Public Works, City Attorney, and any affected persons who placed a request. If you have any questions please advise. z:\ Work\M\Meridian\Meridian I 5360MlTaylor Subdivision V AC-04-00 I\Clerk V AC ltr 05 03 04.do.; ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 05/19/04 11:46 AM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian City AMOUNT ,00 8 1111111111I1111111111111I111111111111 104061868 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR ) VACATION OF SEWER EASEMENTS ON ) LOTS 13 AND 14 OF TAYLOR SUBDIVISION,) LOCATED WEST OF NORTH MERIDIAN ) ROAD AND NORTH OF WEST FRANKLIN ) ROAD, MERIDIAN, IDAHO ) ) ) LARRY AND BECKY PALMER, ) ) APPLICANT. ) ) C/C 04127/04 CASE NO. V AC-04-001 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION OF SEWER EASEMENTS This matter coming on regularly before the City Council at its regular meeting held on April 27, 2004, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, appeared and testified at the hearing, and the Council having received the record from the Planning and Zoning Commission and its recommendations to the City Council, and no objection having been received makes the following Findings of Fact and Decision and Order. Findings of Fact and Conclusions of Law and Order of Vacation for Taylor Subdivision - V AC-04-00 1 PAGE 1 OF 8 STATEMENT OF LEGAL AUTHORITY AND JURISDICTION CONCLUSIONS OF LAW 1. Easements shall be vacated in the same manner as streets. {LC. ~ 50-1325}. 2. When a county or highway district desires the abandonment or vacation of any highway, public street or public right-of-way which was accepted as part of a platted subdivision said abandonment or vacation shall be accomplished pursuant to the provisions of Chapter 13, Title 50 Idaho Code {LC. ~ 40-203 (6)}. 3. Any person, firm, association, corporation or other legally recognized form of business desiring to vacate a part of a plat which is inside the boundaries of any City must petition the City Council to vacate. Any person, persons, firm, association, corporation or other legally recognized form of business desiring to vacate a plat or any part thereof which is inside or within one (1) mile of the boundaries of any city must petition the city council to vacate. Such petition shall set forth particular circumstances of the requests to vacate; contain a legal description of the platted area or property to be vacated; the names of the persons affected thereby, and said petition shall be filed with the city clerk. Written notice of public hearing on said petition shall be given, by certified mail with return receipt, at least ten (10) days prior to the date of public hearing to all property owners within three hundred feet (300') of the boundaries of the area described in the petition. Such notice of public hearing shall also be published once a week for two (2) successive weeks in the official newspaper ofthe city, the last of which shall be not less than seven (7) days prior to the date of said hearing; provided, however, that in a proceeding as to the vacation of all or a portion of a cemetery plat where there has been no interment, or in the case of a cemetery being within three hundred feet (3001) of another plat for which a vacation is sought, publication of the notice of hearing shall be the only required notice as to the property owners in the cemetery. When the procedures set forth herein have been fulfilled, the city council may grant the request to vacate with such restrictions as they deem necessary in the public interest. In the case of easements granted for gas, sewer, water, telephone, cable television, power, drainage, and slope purposes, public notice of intent to vacate is not required. Vacation of these easements shall occur upon the recording of the new or amended plat, provided that all affected easement holders have been notified by certified mail, return receipt requested, of the proposed vacation and have agreed to the same in writing. {LC. ~ 50-1306A (1), (2), (3) and (5)} 4. Pursuant to Meridian City Code ~~ 12-10-1 A and Band 12-10-2 A and B it provides as follows: Findings of Fact and Conclusions of Law and Order of Vacation for Taylor Subdivision - V AC-04-00 1 PAGE 2 OF 8 12-10-1 APPLICATION PROCEDURE: 1. Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement shall complete and file an application with the Administrator. These provisions shall not apply to the widening of any street which is shown on this Comprehensive Development Plan, or the dedication of streets, rights of way or easements to be shown on a recorded subdivision. 2. Administrator Action: Upon receipt of the completed application, the Administrator shall affix the date of application acceptance thereon. The Administrator shall place the application on the agenda for consideration at the next regular meeting of the Commission which is held not less than fifteen (15) days after said date of acceptance. 12-10-2 COMMISSION AND COUNCIL ACTION: A. Commission Recommendation: The Commission shall review the request and all agency responses and make a recommendation to the Council for either an approval, conditional approval, or denial. 2. Council Action: 1. Hearing; Notice: When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny or modify the application. Whenever public rights-of-way or lands are vacated, the Council shall provide adjacent property owners with a quit-claim deed for the vacated rights of way in such proportions as are prescribed by law. 2. Street Improvements; Bond: When considering an application for dedication procedures, the Council may approve, deny or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the Council a deed describing and conveying such lands to be recorded with the County Recorder. FINDINGS OF FACT 1. The applicants, Larry and Becky Palmer, filed a petition for the vacation of the existing sewer easements that cross through Lots 13 and 14 of Taylor Subdivision. The easement was created in 1955 per the Right of Way Easement submitted with Findings of Fact and Conclusions of Law and Order of Vacation for Taylor Subdivision - V AC-04-001 PAGE 3 OF 8 the application. The easement is no longer needed, as it only contains service lines for the existing lots. The existing sewer lines do not continue through to serve any adjoining lots. The applicant desires to redevelop the property with new structure(s) on top of the current easement location. Sewer service lines will be connected to the proposed project in new locations and will not require the existing easement. At one time, the sewer line continued to the south for the parcel currently occupied by Napa Auto Parks. However, when the lot was developed by Napa, they abandoned their original sewer connection and tied a new service line to the sewer main in Meridian Road. The legal description of the existing unused sewer easement, is the subject ofthis petition, is: The South Half of Lot 13 ofTA YLOR SUBDNISION, according to the official plat thereof, filed in Book II of Plats at Page 637, records of Ada County, Idaho. AND Parcel I: The North half of Lot 13 ofTA YLOR SUBDNISION, according to the official plat thereof, filed in Book 11 of Plats at Page 637, records of Ada County, Idaho. Parcel II: Lot 14 ofTA YLOR SUBDNISION, according to the official plat thereof, filed in Book 11 of Plats at Page 637, records of Ada County, Idaho. 2. The particular circumstances ofthe requested vacation is: The easement was created in 1955 per the Right of Way Easement submitted with the application. The easement is no longer needed, as it only contains service lines for the existing lots. The existing sewer lines do not continue through to serve any adjoining lots. The applicant desires to redevelop the property with new structure(s) on top of the current easement location. Sewer service lines will be connected to the proposed project in new locations and will not require the existing easement. At one time, the sewer line continued to the south for the parcel currently occupied by Napa Auto Parks. However, when the lot was developed by Napa, they abandoned their original sewer connection and tied a new service line to the sewer main in Meridian Road. 3. Written notice of the public hearing of this petition was given by certified mail with return receipt at least ten (10) days prior to the date ofthe public hearing to all property owners within three hundred feet (300') of the boundaries of the area Findings of Fact and Conclusions of Law and Order of Vacation for Taylor Subdivision - V AC-04-001 PAGE40F 8 described in the petition, and such notice was also published once a week for two (2) successive weeks in the Idaho Statesman with the last publication which was not less than seven (7) days prior to the hearing. 4. All publication costs have been paid by the petitioner. 5. The vacation is necessary as the applicant has requested consent to vacate the existing sewer easements that cross through Lots 13 and 14 of Taylor Subdivision. The easement was created in 1955 per the Right of Way Easement submitted with the application. The easement is no longer needed, as it only contains service lines for the existing lots. The existing sewer lines do not continue through to serve any adjoining lots. The applicant desires to redevelop the property with new structure(s) on top ofthe current easement location. Sewer service lines will be connected to the proposed project in new locations and will not require the existing easement. At one time, the sewer line continued to the south for the parcel currently occupied by Napa Auto Parks. However, when the tot was developed by Napa, they abandoned their original sewer connection and tied a new service line to the sewer main in Meridian Road. 6. The applicant shall be required to comply with the following Recommendations as follows: Plannin2 and Zonin2 and Enl!ineerinl! staff: 1. Prior to issuance of a Certificate of Zoning Compliance on the subject properties (listed in the application form), the applicant shall submit evidence that the requested vacation has been approved by all required agencies and authorities. Nampa & Meridian Irri2:ation District: 1. The District's Rutledge Lateral courses along the north boundary of this property with a recorded easement. This easement must remain protected and any encroachment without a signed License Agreement is unacceptable. DECISION AND ORDER OF VACATION OF SEWER EASEMENTS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION, the City Council Findings of Fact and Conclusions of Law and Order of Vacation for Taylor Subdivision - V AC-04-00 1 PAGE 5 OF 8 does hereby ORDER and this does ORDER that: 1. The following is the legal description of the existing sewer easements located west of North Meridian Road and north of West Franklin Road, Meridian, Idaho, and are hereby vacated: The South HalfofLot 13 ofTA YLOR SUBDIVISION, according to the official plat thereof, filed in Book 11 of Plats at Page 637, records of Ada County, Idaho. AND Parcel I: The North half of Lot 13 ofTA YLOR SUBDIVISION, according to the official plat thereof, filed in Book 11 of Plats at Page 637, records of Ada County, Idaho. Parcel II: Lot 14 of TAYLOR SUBDIVISION, according to the official plat thereof, filed in Book 11 of Plats at Page 637, records of Ada County, Idaho. 2. The petition for the vacation of sewer easements for Lots 13 and 14 of Taylor Subdivision, located west of North Meridian Road and north of West Franklin Road, are hereby granted. 3. The City Clerk shall cause a copy of this order to be served upon the affected utility holders, and the petitioner, Public Works, Planning and Zoning Departments, and the City Attorney's office. 4. The City Clerk shall cause a certified copy of this order to be recorded with the Ada County Recorders office. 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 Findings of Fact and Conclusions of Law and Order of Vacation for Taylor Subdivision - V AC-04-00 1 PAGE 6 OF 8 Issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the jJ1ap- ,2004. ROLL CALL ill /I--dayof COUNCILMAN WARDLE VOTED ffa COUNCILMAN NARY VOTED ~?v COUNCILMAN ROUNTREE VOTED fIa- COUNCILMAN BIRD VOTED ~ MAYOR TAMMY de WEERD (TIE BREAKER) DATED: ~.//I/t}1- VOTED Attest: ~.~ = William G. Berg, Jr., CIty Clerk \ 7~ ;."OjrS 2 ~ 70 (;S'131 ' .p .$ Findings of Fact and Conclusions ofLiw/~~8Jfke~ \()~ ~\.~...",~ of Vacation for Taylor Subdivision - V AC~.4TP,Ri ~ l ;\\\\\"~ PAer~'7 OF 8 Copy served upon Applicant, the Planning and Zoning Department, Public Works Depart~lYn.tlll/J \\11 /111 and City Attorney. "'\~I Of MERI/,,'I/// """" ::'\""\ ""L.t ./1',/ .:::"" c} :i\POJ:) A -11,; /..... .::: .cP' 'Ff r(:; ~ :; ~ ~ ~ - - ~ ~ BY:~~b~9- City Clerk DATED: S:-/?-tl~ SEAL -y~ i'?_ -;;:, Qv "QJ- 0 .::- ~ '<:J -e{ 18\ ' x::.f ~ ':.><J ~ty.:. " /.//// C'OUNT"< . ';: ,,,,,~ III/I 1\\\\ /111;)"111\\\\ STATE OF IDAHO, ) : ss. County of Ada. ) On this 11!11 day of /YJav ,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, ofthe 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. Itt ........" !to........ Cl!. L. 8 A~~#~# ....'" '.- .;..~ .....;q/ '). '" .:0 ....~..l .. ~J.. ~ ~ ~ ........ -:. I -,\OT A~.r ~ :. :. '& : i ---: * : or Idaho '\ J>lTBL\C} i . O?oj07 tP;. ~o $ \II#. "" -lh ..... Il..~~" ~.~ ~'Ii OF \~ v I...... ~ ... Z:\Work\M\Meridian\Meridian 1536(f~"t~division VAC-04-001\FfCl0rdVacEasemts Lots and Blocks 0503 04.da: (SEAL) ~ Findings of Fact and Conclusions of Law and Order of Vacation for Taylor Subdivision - V AC-04-00 1 PAGE 8 OF 8 May 7, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Brandon Wright RZ 04-003 May 11, 2004 ITEM NO. ~ REQUEST Findings - Request for Annexation and Zoning of .17 acres from I-L to O-T zones for Brandon Wright - 631 West 1st 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: MERIDIAN POST OFFICE: OTHER: Contacted: t2lrc..~ ~~' "II,., ~ Date: 6-1 0 -~ Phone: 'il1S1 - t11Q Emalled: bmnd<<'1_ Iho. _n~. (t:r'h Staff Initials: - Materials presented at public meetings shall become property of the City of Meridian. See attached Findings ~vU R firJt!"vt 0' if ,:, tlf!ip\\11 U t, ii;'J ~i~ ~~1ti~1~~ WHITE PETERSON ATTORNEYS AT LAw KEvIN E. DINIUS JULIE KLEIN FISCHER CHRISTOPHER D, GABBERT WM. F. GIGRAV, III T. GUY HALLAM ** JILLS. HOLINKA JOHN R. KORMANIK . WILLIAM A. MORROIII WILLIAM F. NICHOl..';" WHITE PETERSON, P.A. CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (20B) 466-4405 CHRISTOPHER S. NVE PHILIP A. PETERSON TODD A. ROSSMAN TERRENCE R. WHITE ... . Also admitted in CA .. Also admitted in OR ... Also admitted in WA April 27, 2004 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: BRANDON WRIGHT / REZONE FINDINGS / REZONE ORDINANCE & CERTIFICATION OF CLERK / SUMMARY ORDINANCE AND SUMMARY COVER LETTER - RZ-04-003 Dear Will: Please find enclosed the original ofthe FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING APPLICATION FOR REZONE prepared as per instructions from the Council meeting of April 27, 2004, and which are on an upcoming agenda. Also, please find enclosed the above Rezone Ordinance and the Certification ofthe Clerk for the rezone for City of Meridian. After the Findings of Fact and Conclusions have been adopted, then please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findin2;s of Fact and Conclusions of Law and Decision and Order Grantin2; Application for Rezone are adopted. Additionally, I have enclosed a Summary Ordinance and the cover letter, which Summary Ordinance will need to be presented to the Council at the same time the full zoning ordinance is presented to Council for approval. If you have any questions arise, please advise. Wm... os Z:\ Work\M\Meridian\Meridian 15360M'Brandon Wright RZ-04-003\FFCL and OrdinanceClk 05 03 04.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04-27-04 IN THE MATTER OF THE REQUEST FOR REZONE OF .17 ACRES FROM I-L TO O-T, LOCATED AT 631 WEST 1 ST STREET, MERIDIAN, IDAHO ) ) ) ) ) ) ) ) ) Case No: RZ-04-003 BRANDON WRIGHT, Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW, DECISION AND ORDER GRANTING APPLICATION FOR REZONE The above entitled matter on the rezoning application of .17 acres having come on for public hearing on April 27, 2004, at the hour of7:00 01clock p.m., and Council having received the report of Wendy Kirkpatrick for the Planning and Zoning Department, and Anna Powell Planning Director for the Planning and Zoning Department, appeared and testified, and the Council having received the record of this matter made before the Planning and Zoning Commission, and having received their Recommendation to the City Council, 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, Decision and Order; FINDINGS OF FACT 1. The notice of public hearing on the application for rezoning was published for two (2) consecutive weeks prior to said public hearing scheduled for April 27, 2004, before FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING FOR .17 ACRES FROM I-L TO 0- T BY: BRANDON WRIGHT -I (RZ-04-003) PAGE 1 OF 16 the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers ofrecord within three hundred feet (300') of the external boundaries ofthe 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 April 27, 2004, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe 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 ~S67-6509 and 67-6511, and Meridian City Code ~SI1-15-5 and 11-16-1. 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Meridian City Code Title 11 and Title 12, 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 .17 acres in size and is at 631 West 1 st Street, Meridian, Idaho, and said legal description is on file with the Clerk's office at Meridian City Hall, 33 East Idaho, Meridian, Idaho. The legal description submitted with the application is accurate and meets the requirements ofthe City of Meridian and State Tax Commission. 5. The owner of record ofthe subject property is Brandon Wright, 2040 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING FOR .17 ACRES FROM I-L TO 0- T BY: BRANDON WRIGHT -I (RZ-04-003) PAGE 2 OF 16 ( Fairview Ave., Ste 9, Meridian, Idaho. 6. The Applicant is Brandon Wright. 7. The property is presently zoned as I-L, and consists ofa single family residence. The single-family residence is currently a legally nonconforming use in the I-L zoning district. 8. The Applicant requests the property be rezoned to 0- T, and is not proposing to change the use of the property; the applicant is seeking to rezone the property to make the single-family residence a legally conforming use. Currently, the nonconforming status of the property would require the property owner to go through the conditional use process in order to obtain a building permit to reconstruct their home if it was damaged in a fire. The applicant stated in his application that the difficulty of obtaining a building permit to rebuild the home in the event of a fire or other disaster would make it very difficult to sell their home in the future. 9. The proposed site is bordered by the following: North: Single Family Residential, zoned I-L. R-8 zoning is located north of Broadway. South: Single Family Residential, zoned I-L. The Union Pacific Railroad is located at the southern end ofW. 1st Street. East: Single Family Residential, zoned I-L. 0- T zoning is located east of Meridian Road. West: Single Family Residential, zoned I-L. 10. The subject property is within the Area of Impact ofthe City of Meridian. 11. The entire parcel of the property is included within the Meridian Urban FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING FOR .17 ACRES FROM I-L TO 0- T BY: BRANDON WRIGHT - / (RZ-04-003) PAGE 3 OF 16 Service Planning Area as defined in the Meridian Comprehensive Plan. 12. The Applicant proposes to develop the subject property in the following manner: applicant intends to keep the property as a single-family residence. 13. The Applicant's requested rezoning of the subject real property as O-T is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Old Town. 14. There are no significant or scenic features of major importance that affect the consideration of this application. 15. In review of the application for rezone it is provided at Meridian City Code S 11-15-1lfor the General Standards that the Commission and Council review this proposed zoning amendment and pursuant to the criteria of said section finds that: 15.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan; 15.2 The area included in the zoning amendment is not intended to be rezoned in the future; 15.3 The proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area, subject to the conditions ofthe conditional use process; 15.4 The proposed use will not be hazardous or disturbing to existing or future neighboring uses, subject to the conditions ofthe conditional use process; 15.5 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING FOR .17 ACRES FROM I-L TO O-T BY: BRANDON WRIGHT -I (RZ-04-003) PAGE4 OF 16 ( 15.6 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 15.7 The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 15.8 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 15.9 The use will not resultin the destruction, loss or damage of a natural or scenic feature of major importance; and 15.10 The proposed zoning will be in the best interest of the City of Meridian. 15.2 Staff conditions provide as follows: A Adopt the Recommendations ofthe Meridian Planning & Zoning Department as follows: 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for use of property. 3. All construction shall conform to the requirements of the Americans with Disabilities Act. 4. Any assessments or re-assessments for sewer and water service for any new uses will be determined during the Certificate of Occupancy process. 5. Development ofthe property shall be in conformance with the Meridian City Code. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval This application isfor a change ofzoning. Listed below are some of the site specific conditions of approval that District may require when it reviews a future development application. The District may add additional site specific requirements when it reviews FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING FOR .17 ACRES FROM I-L TO O-T BY: BRANDON WRIGHT -I (RZ-04-003) PAGE 5 OF 16 a specific redevelopment application. 1. Widen the pavement on 1 st Street to one-half of a 36-foot street section, and construct curb, gutter, and sidewalk abutting the site. 2. Pave the alley its full width from Broadway Street up to and abutting the entire site. 3. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility ofthe 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING FOR .17 ACRES FROM I-L TO O-T BY: BRANDON WRIGHT -I (RZ-04-003) PAGE 6 OF 16 applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 16. It is found that the requested zoning designation ofO-T is harmonious with and in accordance with the effective Comprehensive Plan (02') and Future Land Use Map which designates the subject property as "Old Town". The requested O-T zoning is harmonious with the "Old Town" designation and is in accordance with the overall goals and policies of the Comprehensive Plan. 17. It is not anticipated that the property will be rezoned in the future, and the proposed rezone complies with the requested zone supported by the Future Land Use Map. 18. It is found that the applicant does not intend to change the existing single family residential use on the subject property; the proposed rezone will bring the property into compliance with the zoning code. 19. It is found that the recent adoption of the City's new Comprehensive Plan changed the land use designation ofthe property to "Old Town". While there has not been a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING FOR .17 ACRES FROM I-L TO O-T BY: BRANDON WRIGHT -I (RZ-04-003) PAGE 7 OF 16 change in the area, the existing residential uses in the area dictate that the area be rezone. 20. It is found that all development on the subject property will be required to comply with the MCC, and that the future development of the land will be in harmony with the existing and intended character of the Old Town area. All new development (aside from single- family detached homes) will require a Conditional Use Permit application, as required by the Old Town zoning designation. 21. It is found that the requested rezone to 0- T should not be disturbing to existing or future neighboring uses. Specific uses allowed (either permitted uses or conditional uses) within the 0- T zone may have the potential to be disturbing to future or existing neighbors; however, any changes in use will have to go through the Conditional Use Permit process and will be required to comply with the approval requirements of the MCC. 22. It is found that the existing single family home is adequately served by all essential public services and facilities. 23. It is found that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, it is found that the proposed rezone will not be detrimental to the community's economic welfare. 24. It is found that the proposed 0- T zoning designation of the property does not inherently allow uses that will generate activities, processes, materials, equipment, or conditions that are detrimental to the general welfare of the community. 25. It is found that the proposed O-T zoning will not interfere with general traffic patterns on any public streets. 26. It is not found that any natural or scenic feature will be lost, damaged or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING FOR .17 ACRES FROM I-L TO 0- T BY: BRANDON WRIGHT - / (RZ-04-003) PAGE 8 OF 16 destroyed by approval of this rezone. 27. It is also found that the proposed rezone would be in the best interest of the City by allowing the existing single family residence to become a legally conforming use. CONCLUSIONS OF LAW 1. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 2. 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 ofthe Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 3. The requested zoning of Old Town District, (O-T) is defined in the Zoning Ordinance at 11-7-2 L as follows: (L-O) Old TaWil District: The purpose of the OT District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center ofthe City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The District shall be served by the Municipal water and sewer systems ofthe City. Development in this District must give attention to the handling of high volume of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 4. Idaho Code S 67-6511 provides and requires that the City shall establish by ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive Plan and the ordinance establishing zoning districts can be amended with particular consideration FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING FOR .17 ACRES FROM I-L TO 0- T BY: BRANDON WRIGHT - f (RZ-04-003) PAGE 9 OF 16 given to the effects of any proposed zone change upon the delivery of services by any political subdivision providing public services, including school districts, within the City's planning jurisdiction and that it is in conformance with the Comprehensive Plan. 5. Idaho Code S 67-6511A provides: Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development ofthe subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. 6. The City of Meridian by the adoption of Meridian City Code SI1-15-12 has exercised its authority to require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject property. 7. S 11-6-1 ZONING DISTRICT MAP provides in part as follows: The districts established in this Ordinance as shown on the Official Zoning Map, together with all explanatory matter thereon, are hereby adopted as part ofthis Ordinance. Where uncertainty exists with respect to the boundaries of any of the zoning districts as shown on the Official Zoning Map, the following shall apply: 7.1 Where district boundaries are indicated as approximately following the centerline of street lines, highway right-of-way lines, streams, lakes or other bodies of water, the centerline shall be construed to be such boundary; 7.2 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries; 7.3 Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Official Zoning Map. If no distance is given, such dimensions shall be determined by the use ofthe scale shown on the Official Zoning Map; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING FOR .17 ACRES FROM I-L TO 0- T BY: BRANDON WRIGHT - / (RZ-04-003) PAGE 10 OF 16 7.4 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line. 8. ~ 11-15-110fthe Meridian City Code GENERAL STANDARDS APPLICABLE TO ZONING AMENDMENTS provides in part as follows: The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: 8.1 The new zoning will be harmonious with and in accordance with the Comprehensive Plan. 8.2 The area is not intended to be rezoned in the future. 8.3 The area is intended to be developed in the fashion that is allowed under the new zonmg. 8.4 There has been no change in the area or adjacent areas which would dictate the area should be rezoned. 8.5 The proposed uses will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 8.6 The proposed uses will not be hazardous or disturbing to existing or future neighboring uses; 8.7 The area will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such servIces; 8.8 The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare ofthe community; 8.9 The proposed uses will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING FOR .17 ACRES FROM I-L TO 0- T BY: BRANDON WRIGHT - f (RZ-04-003) PAGE 11 OF 16 property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 8.10 The area will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; 8.11 The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and 8.12 The proposed zoning amendment is in the best interest of the City ofMerictian. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City Council does hereby Order and this does Order: 1. The Applicant's request is for rezone of .17 acres and the applicant intends to keep the property as a single-family residence, which is subject to the terms and conditions of this Order hereinafter stated; and 2. The following special terms and conditions of use and development relate to this application to-wit: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. Remove any existing domestic wells and/or septic systems within this project from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 2. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for use of property. 3. All construction shall conform to the requirements ofthe Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING FOR .17 ACRES FROM I-L TO O-T BY: BRANDON WRIGHT - J (RZ-04-003) PAGE 12 OF 16 4. Any assessments or re-assessments for sewer and water service for any new uses will be determined during the Certificate of Occupancy process. 5. Development of the property shall be in conformance with the Meridian City Code. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval This application isfor a change of zoning. Listed below are some of the site specific conditions of approval that District may require when it reviews a future development application_ The District may add additional site specific requirements when it reviews a specific redevelopment application. 1. Widen the pavement on 1 st Street to one-half of a 36- foot street section, and construct curb, gutter, and sidewalk abutting the site. 2. Pave the alley its full width from Broadway Street up to and abutting the entire site. 3. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING FOR .17 ACRES FROM I-L TO O-T BY: BRANDON WRIGHT -I (RZ-04-003) PAGE 13 OF 16 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 representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 3. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the re-designation of the zoning for the real property which is the subject of the application to (O-T) Old Town District (Meridian City Code S 11-7-2 L) which ordinance shall be considered for passage. 4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this Order, the engineering staff of the Public Works Department shall prepare the appropriate FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING FOR .17 ACRES FROM I-L TO 0- T BY: BRANDON WRIGHT -I (RZ-04-003) PAGE 14 OF 16 (, mapping changes of the official Zoning Maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the rezoning ordinance. 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- 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 /II&- day of .!hat ROLL CALL ,2004. COUNCILMAN SHAUN WARDLE VOTED~L/ VOTED~ VOTED~ COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING FOR .17 ACRES FROM I-L TO 0- T BY: BRANDON WRIGHT -I (RZ-04-003) PAGE 15 OF 16 COUNCILMAN KEITH BIRD VOTED~ --- MAYOR TAMMY de WEERD (TIE BREAKER) DATED: 5-//-04- VOTED MOTION: APPROVED:L DISAPPROVED: Attest: William G. Berg, Jr., City lerk \. "Po Quer is''\' ,'" ;p j '/ ::.r1' b.: ,,' -;......~la \'0'"",' Copy served upon Applicant, the Plannii'Yg~dJ~rla\-ID'epartment, Public Works Department . IIHIIIIII~ and the CIty Attorney. By:JI~/f>-4e-r ~. City Clerk Dated: S--/I-IJ4- Z:\Work\M\Meridian\Meridian 15360M\Brandon Wright RZ-04-003\FfsClsOrderREZ.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF APPROVAL OF REZONING FOR .17 ACRES FROM I-L TO 0- T BY: BRANDON WRIGHT - / (RZ-04-003) PAGE 16 OF 16 May 7, 2004 MERIDIAN CITY COUNCIL MEETiNG APPLICANT Seal Co. CUP 04-005 May 11, 2004 ITEM NO. 6.~ REQUEST Order Accepting Withdrawl of Application - Request for a Conditional Use Permit for an accounting and dispatch office in a proposed O-T zone for NIDA YS Addition - 230 West Pine Avenue 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: Ker h.[n ~l\IY\~( Emailed: See attached Order ~ U1~ Date:~ Staff Initials: Phone: Materials presented at public meelings shall become property of the City of Meridian. RE EIVED MAY 0 6 2.00~ City QfMeridian City Clerk Office WHITE PETERSON ATTORNEYS AT LAw KEVIN E. DINIUS JULIE KLEIN FISCHER CHRISTOPHERD. GABBERT WM. F. GlGRAY, III T. GUYHALLAM** JILLS. HOLINKA JOHNR. KORMANIK* W1LLlAMA. MORROW WILLlAMF. NICHOI$H WHITEPETERSON, P.A. CANYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 466-4405 CHRISTOPHERS. NYE PHILIP A. PIITERSON ToooA. ROSSMAN TERRENCE R. WHITE H* * Also admitted in CA ** Also admitted in OR *** Also admitted in W A May 5, 2004 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: Seal Co. / Nidays Subdivision / Order Accepting Withdrawal of Application for Conditional Use Permit (CUP-04-005) Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER ACCEPTING WITHDRAWAL OF APPLICATION FOR CONDITIONAL USE PERMIT for approval and signature by the Mayor and yourself. Please serve a copyofthe ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a call. Very truly yours, Wm. F. Nichols Z:\Work\M\Meridian\Meridian 1 5360MINidays Addition RZ-04-001 CUP-04-o05\Clerk Withdrawal Ltr CUP 0505 04.do:: BEFORE THE MERIDIAN CITY COUNCIL C/C 04/27/04 IN THE MATTER OF THE APPLICATION OF SEAL CO., FOR CONDITIONAL USE PERMIT FOR NIDA YS SUBDIVISION, LOCATED AT 230 WEST PINE AVENUE, MERIDIAN, IDAHO ) ) ) ) ) ) ) CASE NO. CUP-04-005 ORDER ACCEPTING WITHDRAWAL OF APPLICATION FOR CONDmONAL USE PERMIT The applicant, Paula De Vaney, for Seal Co., having withdrawn the Application for a Conditional Use Permit for Nidays Subdivision, during the hearing held in front of the City Council on April 27, 2004, the withdrawal is hereby accepted and the matter is dismissed. The applicant may submit a new application. By action of the City Council at its regular meeting held on the I/~ day of IJ1arr , 2004. BY:~~ \\\\\\111111f/1/1/ Tammy de er "",~~ Of ME1It~.::'"" Mayor, City -~~ ~ ~'\ -1A. ~ ,'" 0 o'f\.?OR-1 ); . " ~ ~ _",0 ~ ~ ~ ~ ~ - ' - - = ~ Attest: and City Attorney. By:Ju.0L~ City Clerk's Office Dated:~lj \1-12004 ORDER ACCEPTING WITHDRAWAL OF CONDITIONAL USE PERMIT FOR NIDA YS SUBDIVISION BY SEAL CO. - CUP-04-005 Page 1 of 1 May 7, 2004 MERIDIAN CITY COUNCIL MEETING CP A 04-001 May 11, 2004 APPLICANT City of Meridian Planning & Zoning Dept. ITEM NO. ~ REQUEST Order Accepting Withdrawl of Application -- Request for Comprehensive Plan Amendment to add a Land Use Consistency Matrix to Meridian's Comprehensive Plan 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 affached Order ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the City of Meridian. R~ .:~D EIVED MAY 06 2004 City Of Meridian City Clerk Office WHITE PETERSON ATTORNEYS AT LAw KEVIN E. DINIUS JUL.IE KLEIN FISCHER CHRISTOPHERD. GABBERT WM. F. GIGRAY, III T. GUYHAU.A/.1++ JIL.LS. HOLlNKA JOHN R. KOR1dANlK+ WILLIMlA. MORROW WILLIMlF. NICHOLS++ WHITE PETERSON, P.A. CANYON PARKATTIfE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAMPA, IDAHO 83687-7901 TEL (208) 466-9272 FAX (208) 466-4405 CHRISfOPHERS. NYE PHlUP A. PETERSON TODD A. ROSSMAN TERRENCER. WHrrn*n + Also admitted in CA ++ Also admitted in OR H+ Also admitted in W A May 5, 2004 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: City of Meridian / Order Accepting Withdrawal of Application for Comprehensive Plan Amendment to add a Land Use Consistency Matrix to the Comprehensive Plan (CPA-04-001) Dear Will: Regarding the above referenced matter, please fmd enclosed the original of the ORDER ACCEPTING WITHDRAWAL OF APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT TO ADD A LAND USE CONSISTENCY MATRIX TO THE COMPREHENSIVE PLAN for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a call. Very truly yours, Wm. F. Nichols Z:\ Work\M\Meridian\Meridian ] 5360M'Cornp Plan Amdmet to add Land Use Consistency Matrix to Comp Plan CP A-Q4-oor Withdrawal Order\Clerk BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICA nON FOR A COMPRHENSIVE PLAN AMENDMENT TO ADD A LAND USE CONSISTENCY MATRIX TO THE COMPREHENSIVE PLAN CITY OF MERIDIAN, APPLICANT C/C 04/27/04 ) ) ) ) ) ) ) ) ) ) ) CASE NO. CPA-04-001 ORDER ACCEPTING WITHDRAWAL OF APPLICA nON FOR A COMPREHENSIVE PLAN AMENDMENT TO ADD A LAND USE CONSISTENCY MATRIX TO THE COMPREHENSIVE PLAN The applicant, City of Meridian, and Anna Powell from the Planning and Zoning Department, having withdrawn the Application for a Comprehensive Plan Amendment to add a Land Use Consistency Matrix to Meridian's Comprehensive Plan by the City of Meridian Planning and Zoning Department, during the hearing held in front of the City Council on April 27, 2004, the withdrawal is hereby accepted and the matter is dismissed. !/~ By action ofthe City Council at its regular meeting held on the /Yla1 , 2004. day of ORDER ACCEPTING WITHDRAWAL OF COMPREHENSIVE PLAN AMENDMENT TO ADD A LAND USE CONSISTENCY MATRIX TO MERIDIAN'S COMPREHENSIVE PLAN - CPA-04-001 Page 1 of2 Attest: .,,~ 6' g ~. #/ .... -- -<'7 Qu "C5 0 2 ~ ~. '() '&, lsi ' ~ ~ William G. Berg, Jr., Ci Cle ~///;,,; Co ~~ ~,~ //1/11 UNT'l, \\\\\,\. II 1 IIJ)).). 111\.\\'\ Copy served upon Applicant, the Planning ana Lonmg Department, Public Works Department, and City Attorney. BY:~~ City Clerk's Office Dated: {\\~\\,LOO4- Z:\Workl.M\Meridian\Meridian 15360M\Comp Plan Amdmet to Comp Plan CPA.Q4-001\Qrder Accepting Withdrnwal.doo ORDER ACCEPTING WITHDRAWAL OF COMPREHENSIVE PLAN AMENDMENT TO ADD A LAND USE CONSISTENCY MATRIX TO MERIDIAN'S COMPREHENSIVE PLAN - CPA-04-001 Page 2 of2 May 7, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT May 11, 2004 ITEM NO. 6.~ REQUEST License Agreement for the 2004 Waterline Improvement Project, Eagle Road Waterline Extension AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLlCE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached .~ ur Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the CIty of Meridian. RE EIVED - 6 2004 City of Meridian City Clerk Office To: Will Berg; Tara Green from: Clint Dolsby CC: Brad Watson Date: 5/05/2004 Re: Proposed Agenda Item for May 11 t 2004 City Council Meeting -* The Public Works Department respectfully requests the following items be placed on the May 11 City Council agenda, under Consent Agenda, for Council's consideration: License Aqreement for the 2004 Waterline Improvement Proiect. Eaqle Road Waterline Extension. A request for license agreement with the Nampa and Meridian Irrigation Districts to construct a water line across the Finch Lateral has been received by the Public Works Department. This license agreement is necessary in order to construct the Eagle Road Waterline Extension: Recommended Council Action: The Public Works Department recommends that City Council approves the license Agreement to construct water line across the Finch Lateral and authorize the Mayor to sign it. License Apreement for the Phase 1 Black Cat Trunk Sewer. A request for license agreement with the Nampa and Meridian Irrigation Districts to construct sewer line and water line within the Purdam Drain has been received by the Public Works Department. This license agreement is necessary in order to construct the Phase 1 Black Cat Trunk Sewer: Recommended Councif Action: The Public Works Department recommends that City Council approves the License Agreement to construct sewer line and water line within the Purdam Drain and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. .. Page 1 RlNGERT CLARK CHARTERED LAWYERS April 30, 2004 Laura E. Burri Jeffrey R. Christenson D. Blair Clark Michael J. Dooliule 5. Bryce Farris Patrick D. Furey David I-lammerquiSt Charles L. Honsinger Joseph B. Jones James P. Kaufman Jennifer Reid Mahoney James G. Reid william F. Ringen Daniel V. Steenson Allyn L. Sweeney Nate W. Runyan J-U-B Engineers, Inc. 250 S. Beechwood Ave., Suite 201 Boise, ill 83709-0944 Samuel Kaufman (l921-1 986) Re: Request for License Agreement with Nampa & Meridian Irrigation District to construct water line across the Finch Lateral. Dear Nate: Enclosed for review and signature are duplicate originals of the above-referenced License Agreement which you requested on behalf of the City of Meridian. Both Oliginals of the Agreement must be signed and notarized as indicated. Do not date the agreement. If both originals are executed and returned to me by May 12, 2004, I will be able to submit the agreement to the District's Board of Directors for approval and signature at the Board's next meeting on May 18, 2004. The District will then have its original recorded and return your original to you with a bill for our services in preparing the agreement and the recording fees. Please contact me if you have any questions. Yours very truly, ~ Enclosures 455 Soutll Third Street.. P.O. Box 2773 .. Boise, Idaho 83701 .. 208/342-459] FAX 342.4657 LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this _ day of , 2004, by and among NAMP A & MERIDIAN lRRIGA TION DISTRICT ,an irrigation district organized and existing under and by virtue of the laws ofthe State ofIdaho, party ofthe first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the "Licensee", W I I N .E ~ .s .E I H: WHEREAS, Licensee is the owner ofreal property/right-of-way for a 12" water line (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description II attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canallmown as FINCH LATERAL (hereinafter collectively referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect absolutely its right to control any modification or alteration of its watercourses and its right of way along its watercourses; NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroaclnnent to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of inigation water by the District; c. an, increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within or adjacent to the easement; e. any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. tlrrough 4.e., or any other damage to the easement and irri ga ti on works which may be caused by the construction, install ati on, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made LICENSE AGREEMENT - Page 2 against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or otherrequirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee1s activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shan be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shan occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 11. Licensee shall place no structures, pathways or landscaping of any kind above or within the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate, discharge, construct or place any structures, pathways or landscaping within the District easement without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. LICENSE AGREEMENT - Page 3 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions ofthis agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreementis determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and aSSIgns. NAMP A & MERIDIAN IRRIGATION DISTRICT By Its President ATTEST: Its Secretary LICENSE AGREEMENT - Page 4 CITY OF MERIDIAN By ATTEST: STATE OF IDAHO ) ) ss: County of Canyon ) On this _ day of , 2004, before me, the rmdersigned, a Notary Public in . and for said State, personally appeared Henry Weick and Daren R. Coon, known to me to be the President and Secretary, respectively, ofNAMP A & MERIDIANIRRlGATIONDISTRICT, the irrigation district that executed the foregoing instrument and aclmowledged to me that such irrigation district executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at ,Idaho My COQ1111ission Expires: ST ATE OF IDAHO ) )S5. County of Ada ) On this _ day of , 2004, before me, the undersigned, a notary public in and for said state, personally appeared and , !mown to me to be the and , respectively, of the CITY OF MERIDIAN, the political subdivision and municipality that executed the foregoing instrument, and ac!mowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Residing at My Commission Expires: LICENSE AGREEMENT - Page 5 EXHIBIT A Legal Description A right-of-way in Eagle Road in the East 1/2 of Section 5, Township 3 North, Range I East, B. M., Ada County, Idaho. EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee to construct and install a 12" water line across and over the Finch Lateral on the west side of Eagle Road where the Finch Lateral intersects Eagle, all within Licensee's right-of-way, described in Exhibit A and the rights-of-way for Eagle Road in Meridian, Ada County, Idaho. EXHIBIT D Special Conditions a. Construction shall be in accordance with certain plans consisting of two sheets: sheet 5 of 12 entitled "City of Meridian, 2004 Watermain Improvement Project," bearing engineer's stamp dated April 13, 2004; and sheet 9 of 12 entitled "City of Meridian, 2004 Watennain Improvement Project," bearing engineer's stamp dated April 13, 2004. These plans have been delivered to the District's water superintendent, are in his possession in his offices, and are hereby incorporated by this reference. The water line shall be located approximately 6" above the piped portion of the Finch Lateral. b. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. c. The Licensee recognizes and aclmowledges that the license granted in this agreement by the District pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subj ect to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. d. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easement for the Finch Lateral except as referred to in this agreement or exhibits thereto without the prior written consent ofthe District. The District's easement for the Finch Lateral is 80 feet, 40 feet to either side of the centerline. e. Construction shall be completed one year from the date of this Agreement. Time is of~he essence. LICENSE AGREEMENT - Page 6 I Finch Lateral in E1~, 816, ~ " TI3N, R.1 E, BIM., Ada Coun~, Idaho (August 1994) ~~~"*="-ll.''I:..~_'''''""''"''"'-' Exhibit B May 7, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT May 11, 2004 ITEM NO. !):'L REQUEST License Agreement for the Phase 1 Black Cat Trunk Sewer 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: EmaHed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. RECEIVED MAY - 6 2004 City of Meridian City Clerk Office Memo To: Will Berg; Tara Green From: Clint Dolsby CC: Brad Watson Date: 5/05/2004 Re: Proposed Agenda Item for May 11, 2004 City Council Meeting The Public Works Department respectfully requests the following items be placed on the May 11 City Council agenda, under Consent Agenda, for Council's consideration: License Agreement for the 2004 Waterline Improvement Proiect. Eaale Road Waterline Extension. A request for license agreement with the Nampa and Meridian Irrigation Districts to construct a water line across the Finch Lateral has been received by the Public Works Department. This license agreement is necessary in order to construct the Eagle Road Waterline Extension: Recommended Council Action: The Public Works Department recommends that City Council approves the License Agreement to construct water line across the Finch Lateral and authorize the Mayor to sign it. * License Aareement for the Phase 1 Black Cat Trunk Sewer. A request for license agreement with the Nampa and Meridian Irrigation Districts to construct sewer line and water line within the Purdam Drain has been received by the Public Works Department. This license agreement is necessary in order to construct the Phase 1 Black Cat Trunk Sewer: Recommended Council Action: The Public Works Department recommends that City Council approves the License Agreement to construct sewer line and water line within the Purdam Drain and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. . Page 1 RINGERT CLARK CHARTERED LA WYERS April 30, 2004 Laura E. Burri Jeffrey R. Christenson D. Blair Clark Michael J. Doolillle S. Bryce Farris patrick D. FUrey David Hammerquisl Charles L Honsinger Joseph B. Jones James P. Kaufman Jennifer Reid Mahoney James G. Reid william F. Ringerl Daniel V. Steenson Allyn L Sweeney Samuel Kaufman il92) -1986) Nate W. Runyan J-U-B Engineers, Inc. 250 S. Beechwood Ave., Suite 201 Boise, ill 83709-0944 Re: Request for License Agreement with Nampa & Meridian hrigation District to construct sewer line and water line within the KelIDedy Lateral and Purdam Drain. Dear Nate: Enclosed for review and signature are duplicate originals of the above-referenced License Agreement which you requested on behalf of the City of Meridian. Both originals ofthe Agreement must be signed and notarized as indicated. Do not date the agreement. Ifboth originals are executed and returned to me by May 12, 2004, I will be able to submit the agreement to the District's Board of Directors for approval and signature at the Board's next meeting on May 18, 2004. The District will then have its original recorded and return your original to you with a bill for our services in preparing the agreement and the recording fees. Please contact me if you have any questions. Yours very truly, . ;P":;::? p~ ~----- ./ S. Bryce Farris c.-(I . up Eng\n€iSrs J- P r D ~ lnM , lIP,\ ~ ~~HO Enclosures 455 South Third Street. P.O. Box 2773 . Boise, IdahO 83701 . 208/342-4591 FAX 342-4657 LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this _ day of ,2004, by and among NAMP A & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State ofIdaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively refen"ed to as the "Licensee", W I I N E .s. .s. E I H: WHEREAS, Licensee is the owner ofreal property/right-of-way for a sanitary sewer line and water line (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canallmown as KENNEDY LATERAL AND PURDAM DRAIN (hereinafter collectively referred to as "ditch or canal"), an integral part ofthe District's irrigation works and system, together with the easement therefor to convey irrigation water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect absolutely its light to control any modification or alteration of its watercourses and its right of way along its watercourses; NOW, THEREFORE, for and in consideration ofthepremises and ofthe covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. . 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; c. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within or adjacent to the easement; e. any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withhel~. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give sUch notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made LICENSE AGREEMENT - Page 2 against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or otherrequirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from an costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement. 9. In addition to an other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 11. Licensee shall place no structures, pathways or landscaping of any kind above or within the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent ofthe District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate, discharge, construct or place any structures, pathways or landscaping within the District easement without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions ofthis agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. LICENSE AGREEMENT - Page 3 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions ofthis License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and effect. 20. The word "Licensee", ifused in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the paliies hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and aSSIgns. NAMP A & MERIDIAN IRRIGATION DISTRlCT By Its President ATTEST: Its Secretary LICENSE AGREEMENT - Page 4 CITY OF MERIDIAN By ATTEST: STATE OF IDAHO ) ) ss: County of Canyon ) On this _ day of , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared Henry Weick and Daren R. Coon, known to me to be the President and Secretary, respectively, ofNAMP A & MERIDIAN IRRIGA TIONDISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at , Idaho My Commission Expires: STATE OF IDAHO ) )ss. County of Ada ) On this _ day of , 2004, before me, the undersigned, a notary public in and for said state, personally appeared and , lmown to me to be the and , respectively, ofthe CITY OF MERIDIAN, the political subdivision and municipality that executed the foregoing instrument, and aclmowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Residing at My Commission Expires: LICENSE AGREEMENT - Page 5 EXHIBIT A Legal Description A right-of-way in Black Cat Road in the West 1/2 of Section 10, Township 3 North, Range 1 West, B. M., Ada County, Idaho. EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee to: 1. construct and install a sanitary sewer line across and under the Kennedy Lateral and Purdam Drain where said ditches intersect Black Cat Road; and 2. construct and install a water line across and under the Kennedy Lateral and Purdam Drain where said ditches intersect Black Cat Road, all within Licensee's right-of-way, described in Exhibit A and the rights-of-way for Black Cat Road in Meridian, Ada County, Idaho. EXHIBIT D Special Conditions a. Constmction shall be in accordance with certain plans consisting of three sheets: sheet 2 of 24 entitled "City of Meridian, Black Cat Sewer Trunk Phase 1," bearing engineer's stamp dated March 17, 2004; sheet 7 of 24 entitled "City of Meridian, Black Cat Sewer Tmnk Phase 1," bearing engineer's stamp dated March 17, 2004; and sheet 10 of 24 entitled "City of Meridian, Black Cat Sewer Tmnk Phase 1," bearing engineer's stamp dated March 17,2004. These plans have been delivered to the District's water superintendent, are in his possession in his offices, and are hereby incorporated by this reference. b. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. C. The Licensee recognizes and acknowledges that the license granted in this agreement by the District pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder oftitle to the property subject to the Distr.ictis easement. Any such rights affecting fee title must be acquired by the Licensee from the holder oftitle to the property. Should Licensee fail to obtain such rights from the holder oftitle to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect. d. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easement for the Kennedy Lateral and Purdam Drain except as referred to in this agreement or exhibits LICENSE AGREEMENT - Page 6 thereto without the prior written consent of the District. The District's easement for the Kennedy Lateral is 55 feet, 20 feet to the left and 35 feet to the right of the centerline looking downstream. The District's easement for the Purdam Drain is 65 feet, 25 feet to left and 40 feet to the right of the centerline looking downstream. e. Construction shall be completed one year from the date of this Agreement. Time is of the essence. LICENSE AGREEMENT - Page 7 ~t l"" ;........~"' '_:""'"",:;"'"'J''.'''''''~'6c.~''' ,....:~ """" ''-'''--f ;:,:' ~Ji'!J Kennedf..Jleral and Purdam Drain! =' , in W1/2, 8.10, UN, R. 1W, B.M., ! i Ada Coun~, Idaho ~ugusl ,199~I.J . i sill:..: I....j.:. .>.~.. ~: ~ " '~ - . ~.\. '" f Exhibit B May 7 t 2004 MERIDIAN CITY COUNCIL MEETING May 11 t 2004 APPLICANT ITEM NO. frt-\ REQUEST Agreement for Professional Services - Locust Grove Rebuild, Franklin to Fairview (Water & Sewer) with Civil Survey Consultants AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. City of Meridian Public Works Dept. CEl'lED MAY 06 2004 City Of Meridian City Clerk Office Memo To: Mayor de Weerd & City Council From: Brad Watson, P.E. CC: File, Gary Smith, PE, City Clerk Date: 5/6/04 Re: May 11 City Council Meeting Agenda Item The Public Works Department respectfully requests that the following item be placed on the May 11 City Council agenda, on the Consent Agenda, for Council's consideration: Agreement for Professional Services - Locust Grove Road Rebuild. Franklin to Fairview (Water & Sewer) wI Civil Survey Consultants. This agreement is for design of water and sewer facilities in Locust Grove Road, between Franklin Road and Fairview Avenue, as part of ACHD project No. 503021 RD054. While most water and sewer facilities presently exist in the improved portion of Locust Grove Road, additional water main is needed in the stretch from Pine Avenue south to Lanark Street where the new Locust Grove Road will be built. Civil Survey Consultants is ACHD's design consultant for the roadway project. This will be another joint City of Meridian/Ada County Highway District project similar to the recently completed Overland Road and on-going Franklin Road projects. The agreement, a copy of which is attached, is on a time and materials basis not to exceed $13,630. Recommended Council Action: Approve the agreement for professional service agreement with Civil Survey Consultants, Inc. in the amount of $13,630 (time and materials, not to exceed basis) and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 1--' . Page 1 Glenn K. Bennelt, P.L.S. Pres idenl Civil Survey Consultants, Inc. 100 South Adkins Way Suite 101 Meridian, Idaho 83642 (208)888-4312 Fax 888-0323 Timothy A. Burgess, r.E. Vice President Brad Watson, P .E. City Engineer City of Meridian 660 E. Watertower Lane Suite 200 Meridian,ID 83642 RECEIVED MAY 0 B 2004 MERIDIAN CITY ENGINEER May 5, 2004 Re: Locust Grove - Water and Sewer Improvements In Conjunction With ACHD Project Dear Brad: The following is a detailed scope of services to provide professional services for design of water and sewer improvements to be constructed in conjunction with roadway improvements on Locust Grove Road between Franklin Road and Fairview Avenue (ACHD Project No. 503021 RD054). The limits for this project begin at the end of the new improvements under construction on Locust Grove approximately 400 feet n011h of Franklin Road, and end at Fairview Avenue. The professional services required are to prepare plans, bid schedule, special provisions and cost estimate to construct potable water and sanitary sewer improvements in Locust Grove Road as part of ACHD's roadway reconstruction proj ect. The anticipated design elements include the following: A. WATER SYSTEM IMPROVEMENTS 1. Add approximately fifteen new services at designated locations. 2. Extend 12"0 water main 1907 LF 110l1h from Lanark Street to Pine Street, including boring underneath the railroad tracks. 3. Adjust approximately 21 existing valves. 4. Relocate approximately 3 fire hydrants. 5. Adjust water mains and water services where conflicts exist with new storm drain or irrigation pipes. B. SANITARY SEWER IMPROVEMENTS 1. Add approximately ten new services at designated locations. Watson May 5, 2004 Page 2 of2 We will send a letter to each property owner with vacant ground adjacent to the project. The letter will advise them of the project, tell them the City will install a service stub to their property at their request, and advise them the cost of the stub will be charged to them following completion of the work. A copy of the letter will be sent to you for approval of the content and wording prior to being issued. The City shall provide us with a mailing list for all property owners within the project limits. We will contact property owners with an existing structure and obtain the information necessary to design the sewer main to service their existing structure. We assume all improvements will be within public right-of-way. This scope of services does not include preparing written easements. Should easements become necessary for construction, it shall be the City's responsibility to obtain the easements. At the City's request, we can provide written descriptions based on a time and material basis as a supplement to this scope of services. Plans will be prepared following the City providing our office with electronic files of the final design submittal to ACED. Although we are designing the project, our contract with ACED gives them sole ownership of the plans. We request the City obtain permission from ACED to use the electronic files for utility design purposes. We will submit the plans to ACED and DEQ for review and approval prior to construction. It will be the City's responsibility to negotiate and execute the Joint Effolt Agreement for construction with ACED. We will submit an application for a Pipeline Crossing Agreement to Northern Pacific Railroad for the extension of the water main between Lanark Street and Pine Street. All required work to extend the water main across the Evans Drain will be performed under ACED's agreement with the Nampa- Meridian Irrigation District. We propose to provide 40-scale plans on 22"x34" sheets to match ACED's plans. We anticipate that the plan set will include a cover sheet, general note sheet, 9 plan and profile sheets, and three city standard detail sheets. The total set is anticipated to include l4 sheets. We propose to provide the Design Services as outlined above on a time and materials basis with a not to exceed amount of $13,630.00 without prior approval of the City of Meridian. We have enclosed a copy of our man-hour and fee estimates for your reference. Construction services are not included under this scope of services. Sincerely, CIVIL SURVEY CONSULTANTS, INC. trp~~ Corey Peacock, E.I.T. . . . ciVIL SURVEY CONSULTANTS, INC AGREEMENT FOR PROFESSIONAL SERVICES Project No. THIS AGREEMENT between THE CITY OF MERIDIAN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY CONSUL T ANTS, INC., an Idaho Corporation, hereinafter referred to as "CSC" is made and entered into this _day of , 2004. The CLIENT and CSC in consideration of their mutual covenants herein agree as set forth below. The Client intends to construct new water and sewer system improvements in conjunction with the Ada County Highway District's project to reconstruct Locust Grove Road (Franklin to Fairview), ACHD Project No. 503021 RD054, hereinafter referred to as the PROJECT. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to CSC a full and complete description of the PROJECT including; all design criteria, information as to CLIENT's requirements for the PROJECT, design objectives and constraints, capacity and performance requirements, flexibility and expandability needs, any budgetary limitations, and copies of all design and construction standards which CLIENT will require to be incorporated in the Drawings and Specifications. The CLIENT will also provide to CSC all associated project information including data prepared by others; soil borings, probings and subsurface explorations; hydrographic surveys; laboratory tests and inspection reports of samples, materials and equipment; studies and interpretations of all environmental assessment and impact statements; surveys of record; property descriptions; zoning, deed and other land use restrictions; title reports; other special data or consultations as may be available; all of which CSC may use and rely upon in performing services under this Agreement. The CLIENT will obtain permission for CSC to enter lIpon public and private property as required for CSC to perform services under this Agreement. SERVICES TO BE PERFORMED BY CSC CSC will provide services as outlined in the attached letter dated May 5, 2004. BASIS OF FEE AND BILLING SCHEDULE The Client will pay CSC for services provided under this Agreement per the attached letter dated May 5, 2004. Notice to Proceed, either verbal or written, shall constitute acceptance of this Agreement by the CLIENT. THE TERMS AND CONDITIONS ARE PART OF THIS AGREEMENT. THE CLIENT AGREES TO SAID TERMS AND CONDITIONS. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. City of Meridian 33 E. Idabo Avenue Meridian, Idaho 83642 Civil Survey Consultants, Inc. 100 South Adkins Way, Suite 101 Meridian, Idaho 83642 BY: NAME: TITLE: ATTEST BY: NAME: TITLE: APPROVED BY CITY COUNCIL: BY: Timothy A. Burgess, Vice President wo lof4 5/5/2004 CIVIL SURVEY CONSULTANTS, INC. TERMS AND CONDITIONS GENERAL - CSC shall provide for CLIENT professional engineering and/or land surveying services for the Project described in this Agreement. These services wilJ be performed in accordance with generally accepted professional practices for the intended use of the project. CSC makes no other warranty either expressed or implied. CSC shall not be responsible for acts or omissions of any party involved in the Project other than their own. CSC shall not be responsible for failure of any contractor or subcontractor to construct any item in accordance with recommendations issued by CSC. CSC has not been retained to supervise, direct or have control over Contractor's work. CSC specifically does not have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor(s) furnishing and performing their work. Accordingly, CSC can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor(s) failure to furnish and perform their work in accordance with the Contract Documents. The CLIENT understands and agrees that subsurface and soils characteristics may vary greatly between successive test points and sample intervals. CSC will coordinate this work in accordance with generally accepted practice of the professional services being provided and makes no other warranties expressed or implied or as to the professional advice furnished by professionals providing soils testing or geotechnical advice. Resetting of survey and/or construction stakes shall constitute extra work and shall be paid for on a time and material basis in addition to any other payment provided in this Agreement. OPINIONS OF COST - CSC may be asked to provide opinions of construction or PROJECT costs as pmt of the professional services under this Agreement. The CLIENT understands and agrees that CSC has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions. The CLIENT understands that CSC opinions of cost are based on CSC experience and represents CSC's judgment based on that experience, but esc does not guarantee or warranty that either quotes, bids or estimates prepared by contractors, subcontractors or other will not deviate from opinions prepared by esc. The CLIENT agrees to employ an independent cost estimator if the CLIENT desires additional assurance, warranty or guarantee of PROJECT costs. Should the CLIENT request that cse modify any PROJECT aspect to reduce construction costs, then those services shall be considered additional and beyond the scope ofthis Agreement unless speci fically stated otherwise in this Agreement. REUSE OF DOCUMENTS - cse shall retain an ownership interest of all professional products prepared by CSC. The CLIENT agrees that no product will be reused without specific written permission of cse. The CLIENT agrees to indemnify and hold CSC harmless from any claims, damages, losses and expenses arising from unauthorized reuse of all work products prepared by CSC for the PROJECT. GOVERNING LAW - Unless otherwise provided in an addendum, the law of the State of Idaho will govern the validity of this Agreement, its interpretation and performance, and remedies for contract breach or any other claims related to this Agreement. SUCCESSORS AND ASSIGNS - CLIENT and CSC each is hereby bound and the partners, successors, executors, administrators and legal representatives of CLIENT and CSC are likewise bound to the other pmty to this Agreement, in respect of all covenants, agreements and obligations of this Agreement. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than CLIENT and CSC, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of CLIENT and CSC and not for the benefit of any other party. TIMES OF PAYMENTS - CSC shall submit monthly statements for services rendered and for Reimbursable Expenses incurred. CLIENT shall make prompt monthly payments. If CLIENT fails to make any payment due CSC for services and expenses within thilty (30) days after receipt ofCSC's statement therefor, the amounts due CSC will be increased at the rate of wo 201'4 5/5/2004 . . . . . . , J 1.5% per month from said tenth day, and in addition, CSC may, after giving ten day:,. written notice to CLIENT, suspend services under this Agreement until CSC has been paid in full all amounts due for services, expenses and charges. TERMINA TION - The obligation to provide fmther services under this Agreement may be terminated by either party upon thirty days' written notice. Such termination shall be based upon substantial lack of performance by the other party under the terms and conditions ofthis Agreement when said substantial lack of performance is through no fault of the terminating party. If this Agreement is terminated by either party, CSC shall be paid for services rendered and for reimbursable expenses incurred to the date of such termination. HAZARDOUS WASTE AND ASBESTOS - The CLIENT and CSC agree that the work covered in this Agreement does not anticipate either the presence or remediation of hazardous waste and/or asbestos. Hazardous materials may exist where there is not reason to believe they should be present. CSC and the CLIENT agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services. CSC and the CLIENT also agree that the discovery of unanticipated hazardous materials may make it necessary for CSC to take immediate measures to protect human health and safety, and/or the environment. CSC agrees to notify the CLIENT as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The CLI ENT encourages CSC to take any and all measures that in CSC's professional opinion are justified to preserve and protect the health and safety of CSC's personnel and the publ ic, and/or the environment, and the CLIENT agrees to compensate CSC for the additional cost of such work. In addition, the CLIENT waives any claim against CSC, and agrees to indemnify, defend and hold CSC harmless from any claim or liability for injury or loss arising ti'om CSC's encountering unanticipated hazardous materials or suspected hazardous materials. The CLIENT also agrees to compensate CSC for any time spent and expenses incurred by CSC in defense of any such claim, with such compensation to be based upon CSC's prevailing fee schedule and expense reimbursement policy. . DISPUTE RESOLUTION - All claims, disputes or controversies arising out of, or in relation to the interpretation, application or enforcement of this Agreement shall be decided through non-binding mediation or other mutually agreed alternative dispute resolution technique. The CLIENT and CSC agree non-binding mediation or other mutually acceptable alternative dispute resolution technique shall precede litigation or recourse to other judicial forums. RECOVERY OF DISPUTE RESOLUTION COSTS" In the event that legal action is brought by either party against the other, the prevailing party shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other judgments or settlement Slllns, if any, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's fees, court costs, expert witness fees and other documented expenses, as well as the value of time spent by the prevailing party and those in his or her employ in researching the issues in questions, discussing matters with attorneys and others, preparing for depositions, responding to interrogatories, and so on. The value of time spent and the expenses incurred shall, on CSC's part, be computed based upon CSC's prevailing fee schedule and expense reimbursement policy relative to the recovery of direct project costs. EXTENT OF AGREEMENT - This Agreement represents the entire and integrated agreement between the CLIENT and CSC and supersedes all prior negotiations, representations or agreements, written or oral. The Agreement may be amended only by written instrument signed by both CLIENT and CSC. wo 30f4 5/5/2004 Glenn K. Bennett, P.L.S. President Timothy A. Burgess, r.E. Viee President Labor: Civil Survey Consultants, Inc. 100 South Adkins Way Suite 1 01 Meridian, Idaho 83642 (208)888-4312 Fax 888-0323 CIVIL SURVEY CONSULTANTS PREVAILING FEE SCHEDULE EFFECTIVE OCTOBER 1, 2002 Project Manager Chief of Surveys Project Engineer Design Engineer Design/Survey Technician 1 Design/Survey Technician 2 Direct Expenses: WO GPS Vehic1e 2- Wheel Drive Vehic1e 4- Wheel Drive Outside Printing Long Distance Telephone Sub-Consultants - $ 90.00 per hour - $ 90.00 per hour - $ 70.00 per hour - $ 65.00 per hour - $ 60.00 per hour - $ 55.00 per hour - $ 40.00 per hour - $ No Charge - $ No Charge - $ Cost - $ Cost - $ Cost 4 of 4 5/5/2004 Civil Survey Consultants Design Fee Estimate Water and Sewer Improvements in Association with ACHD's Locust Grove (Franklin to Fairview) Project Classification Hours Rate Total Project Manager 16.00 @ $90.00 = $1,440.00 Chief of Surveys 0.00 @ $90.00 = $0.00 Project Enqineer 113.00 @ $70.00 = $7,910.00 Design Enqineer 0.00 @ $65.00 = $0.00 Technician I 68.00 @ $60.00 = $4,080.00 Technician II 0.00 @ $55.00 = $0.00 Labor Subtotal 197.00 $13,430.00 Classification Hrs/Miles Rate Total Misc. Printing $200.00 GPS $40.00 Direct Subtotal $200.00 Total Design Fees $13,630.00 Mer-Util-Lcst.xls Civil Survey Consultants Man-hour Estimate Meridian City Water and Sewer Improvements in Association with ACHD's Locust Grove (Franklin to Fairview) Project Task Description Project Chief of Project Design Technician I Technician II Total Manaqer Surveys Enqineer Enqineer Desiqn 1. Coordination and Meetinqs 4 4 4 12 2. Cover Sheet (1) 4 4 3. Plan and Profile Sheets (9) 4 64 68 4. General Note Sheet (1) 1 4 5 5. Standard Detail Sheets (3) 4 4 6. Soecial Provisions & Estimates 2 16 4 22 7. ACHD Coordination 4 4 8. Prooertv Owner Coordinantion 8 24 32 9. Review and Approval 4 12 16 32 10. UPRRAqreement 2 4 8 14 Desiqn Total Man-Hours 16 113 68 0 197 Mer-Util-Lcsl.xls i. ** TX CONFIRi~., ION REPORT ** AS OF MAY 07 '~4 16:39 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD~ STATUS 05 05/07 16: 39 VALLEY Tl MES ----5 00' 00" 000 22121 BUSY THIS DOCUMENT IS STILL IN MEMORY p\-cC\je rest th- r Q~H~ ~ottcc -=ThOJ\ts ~: CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 11.2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle _ Bill Nary Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Stan Kelly with Capital Christian Center: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of April 20, 2004 City Council Regular Meeting: B. Tabled from May 4, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R~4 zones for proposed SaQuaro Canvon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: C. Tabled from May 4, 2004: Findings of Fact and Conclusions of Law for Approval; PP 03-032 Request for Preliminary Plat approval of 461 single-family building lots and 43 common lots on 140.25 acres in a proposed R-4 zone for proposed Saquaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: f,h, D. Tabled from May 4, 2004; FindIngs of Fact and Conclusions of Law for Approval; CUP 03-058 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontages, lot sizes, and minimum house size and permission to have two cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for proposed Saquaro Canvon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Meridi"" City Council A~ol\dll- MIy II. 2004 ~ac I of 3 All mUloriul;- pmmted at public meerings shall become P"'pcrty o1'lho Cily of MeridiM. Anyone dOlirin!; IICcommodolion ior di,ubililie, related to doeumontS and/or he..;ng please eOn1<ltllhe City Cler),;', Office a1888.4433 sr 103.0148 hnurs prior 10 the public rn~ting, E. Findings of Fact and Conclusions of Law for Approval: VAC 04-001 Request for a Vacation of sewer easements on Lots 13 & 14 of Tavlor Subdivision by Larry and Becky Palmer - west of North Meridian Road and north of West Franklin Road: F. Findings of Fact and Conclusions of Law for Approval: RZ 04- 003 Request for a Rezone for .17 acre from I-L to 0- T zones for Brandon WriQht by Brandon Wright - 631 West 1st Street: G. Findings of Fact and Conclusions of Law for Approval: RZ 04- 001 Request for a Rezone of .353 acres from R-4 to 0-1 zones for NIDAYS Addition by Merlyn and Brandon Schmeckpeper - 230 West Pine Avenue: H. Order Accepting Withdrawl of Application: CUP 04-005 Request for a Conditional Use Permit for an accounting and dispatch office in a proposed 0- T zone for NIDA YS Addition by Seal Co. - 230 West Pine Avenue: I. Order Accepting Withdrawl of Application: CPA 04-001 Request for Comprehensive Plan Amendment to add a Land Use Consistency Matrix to Meridian's Comprehensive Plan by The City of Meridian Planning and Zoning Department: J. Estoppel Certificate for Citicard Proiect in Silverstone Business Campus: K. License Agreement for the 2004 Waterline Improvement Proiect, Eagle Road Waterline Extension: L. License A~reement for the Phase 1 Black Cat Trunk Sewer: M. Agreement for Professional Services - Locust Grove Road Rebuild, Franklin to Fairview (Water & Sewer) with Civil Survey Consultants: 6. Department Reports: 7. (Items Moved from Consent Agenda) 8. FP 04-029 Request for Final Plat approval for re-plat of Troutner Park Subdivision Lots 4-5 and 10-15, Block 2; Lots 1-3 and 5-8, Block 3; Block 4; and Lot 3, Block 5 consisting of six commercial building lots and one common lot on 17.26 acres in a C-G zone for Troutner Park Subdivision No.2 by Mary Ballantyne - west of North Meridian Road and south of West Franklin Road: Meridian City Council Agenda- May 11, 2004 Pagelof3 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9. TE 04-001 Request for a Time Extension for recording of the Final Plat for Gemtone Center Subdivision No.5 by Engineering Solutions, LLP - west of North Eagle Road and south of East Fairview Avenue: 10. Public Hearing: PFP 04-001 Request for Preliminary Final Plat approval for 3 residential building lots and 1 common lot on .73 acre in an R-15 zone for Troy Place Subdivision by PPN, LLC -1236 East 2 % Street: 11. Public Hearing: CUP 04-003 Request for a Conditional Use Permit for a Planned Development to allow for a multi-family development consisting of 1 tri-plex and 2 four-plexes with reduced street frontage, setbacks and minimum lot width requirements in an R-15 zone for Troy Place Subdivision by PPN, LLC - 1236 East 2 % Street: 12. Public Hearing: AZ 03-038 Request for Annexation and Zoning of 21.38 acres from C-2 to C-G zones for proposed Mussell. Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: 13. Public Hearing: PFP 03-007 Request for Preliminary Final Plat approval of 4 commercial building lots on 21.38 acres in a proposed C-G zone for proposed Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: 14. Public Hearing: CUP 03-071 Request for a Conditional Use Permit for a Planned Development to allow the construction of a combination feed store and gas station I convenience stofe on one of the proposed lots and to allow the existing commercial and residential uses to remain and the property for Mussell Corner Subdivision by Pinnacle Engineers, Inc. - northeast corner of East Victory Road and South Meridian Kuna Highway: Meridian Ci ty Counci I Agenda - May I I, 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 hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX RMATrON REPORT ** AS OF MAY 6? '04 ..$ PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE 11 I WSEC pC;S CMDI1 STRTUS 08 851'la7 15:53 PU81-IC WORKS EC--S 01'00" 083 220 OK 09 05~07 15:54 2084664405 EC--S 01'00" 003 220 OK 10 05~07 15: 56 8841159 EC--S 01' 00" 003 220 OK 11 05~07 15:58 2088840744 EC--S 131'00" 13133 22B OK 12 05~07 15:59 2088467366 EC--S 01'00" 003 220 OK 13 05/07 16:01 8985501 EC--S 00'59" 003 220 OK 14 051'07 16:02 LIBRARY EC--S 1211'18" 1303 220 OK 15 05~07 16'04 IDAHO 5TRTESi"oAN EC-S 00'59" 003 220 OK 16 05/67 16: 06 2008886654 EC--S 00'59" 003 220 OK 17 05/07 16:08 208 895 0390 EC--S 00'59" 003 220 OK 18 05~07 16:00 128300040 G3-S 01' 16" 003 220 OK 19 051'la7 16' 11 208 387 6393 EC--S 131'05" 0<13 2213 OK 20 05~07 16'12 AOR CTY DEUELMT EC-S 01'01" 0<13 220 OK 21 05~07 16:14 8885052 EC--S 00'59" 003 22<1 OK 22 051'07 16:16 CHERRY LANE G3-5 02'00" 0B3 22<1 OK 23 051'07 16: 18 IDAHO ATHLETlC C EC--S 01'00" 003 220 OK 24 05~07 16'20 10 PRESS TRIBUNE EC--5 01'80" 003 22B OK 25 0S~e7 15:23 2088886701 EC--S 08'59" 003 22<1 OK 29 135/07 16:29 200 388 6924 EC-5 01'17" 0<13 220 OK ~\-(Qje ~C&-\-- fir ? llJotr~ \Jahce -l11a.l\t~ ! ~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 11, 2004, at 7;00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle _ Bill Nary Charlie Rountree _ Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3_ Community Invocation by Pastor Stan Kelly with Capital Christian Center: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of April 20, 2004 City Council Regular Meeting; B. Tabled from May 4, 2004; Findings of Fact and Conclusions of Law for Approval: AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed SaQuaro Canvon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road; C. Tabled from May 4, 2004; Findings of Fact and Conclusions of Law for Approval; PP 03-032 Request for Preliminary Plat approval of 461 single-family building lots and 43 common lots on 140.25 acres in a proposed R-4 zone for proposed SaQuaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: f." D, Tabled from May 4, 2004: FindIngs of Fact and Conclusions of Law for Approval: CUP 03-058 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontages, lot sizes, and minimum house size and permission to have two cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for proposed SaQuaro Canyon Estates SUbdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: M,<id,,,,,C;tyCOIln<il ABend. - M:ly 11.2004 1'03' \ ~rJ All JrulIc:r1;a1s ~~nled -alpLlbllC: meetings sJisU b~omo pJOpcnyoIthl; CiIYCLMeridi.:vl. AT1)"Or.c: dtSiring 1l.I:-C:l;lmmcd.iltion !o['r..nSl'bilili=-S-l"eb.l:ed '0. dlKUmen'lS ;.~~dll:lf hemn.c ple-iUe COn.:ti1'Cllh-e City Cl:uk's OfficoC.:lE 888-"433.=it I~'it 48 hnLltci pril;lT 10 1ht: pub1i~ m<<t~ne. p\-cU,3e. ?Cf.t W IP QlcMc, \J&ttCG -11\a_f\~: I! CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 11, 2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle Bill Nary Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Stan Kelly with Capital Christian Center: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of April 20, 2004 City Council Regular Meeting: B. Tabled from May 4, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: C. Tabled from May 4, 2004: Findings of Fact and Conclusions of Law for Approval: PP 03-032 Request for Preliminary Plat approval of 461 single-family building lots and 43 common lots on 140.25 acres in a proposed R-4 zone for proposed Saquaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: D. Tabled from May 4, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-058 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontages, lot sizes, and minimum house size and permission to have two cul-de-sac lengths exceed the maximum length in a proposed R-4 zone for proposed Saauaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: Merid ian City Council Agenda - May I I, 2004 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ** TX CONFJRMA'rlON REPORT ** AS OF MAY 12 '04 13:50 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 23 05/12 13:48 3810160 MODE MIN/SEC PGS CMD~ STATUS EC--S 131' 41" 003 220 OK ---~---------------------------------~-------------------------------------------------~---- P\~aJe ?Cbt {ir f> (Al)lC~ \J o-hcc ~\11aJ\.k:&!} CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday. May 11.2004, at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: Shaun Wardle _ Bill Nary Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Stan Kelly with Capital Christian Center: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of April 20, 2004 City Council Regular Meeting: B. Tabled from May 4, 2004: Findings of Fact and Conclusions of Law for Approval: AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed SaCluaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: C. Tabled from May 4,2004: Findings of Fact and Conclusions of Law for Approval: PP D3-032 Request for Preliminary Plat approval of 461 single-family building Jots and 43 common lots on 140.25 acres in a proposed R-4 zone for proposed Saquaro Canyon Estates Subdivision by Farwest, LLC - north side of East McMillan Road and east of North Meridian Road: f,h, D. Tabled from May 4, 2004: Findings of Fact and Conclusions of Law for Approval: CUP 03-058 Request for a Conditional Use Permit for a Planned Development for reduced requirements for frontages, lot sizes, and minimum house size and permission to have two cul.de.sac lengths exceed the maximum length in a proposed R-4 zone for proposed SaQuaro Canvon Estates Subdivision by Farwest. LLC - north side of East McMillan Road and east of North Meridian Road: Moridian City Coun61 Agmdn - May J 1,2004 I':lgc I oD All mn(",;al$ presented at publie meetings sl1311 become prcporty ofthc City or Meridian. Anyone desiring .ccommodation for di~.bililits related 10 documentS ~ndlor h03.ring please conl:icl the Ciry Ch:rlCs Office 3[ S88-44J3 alle>.<t 48 h~u,-,; prier to the public meeting. RE(~EIVED MAY 27 2004 WHITE PETERSON City Of Meridian City Clerk Office ATTORNEYS AT LAW KEvIN E. D[N[US JVUE KLEIN FISCHER CHRISTOPHER D. GAB6ERT WM. F. GroRA Y. III T. GUY HALLAM n JILL S. HOLlNKA JOHN R. KORMANrK · WILLIAM A. MORROW WILLIAM F. NrCHOLS .. WHITE PETERSON, P.A. CAt'lYON PARK AT THE IDAHO CENTER 5700 E. FRANKLIN RD., SUITE 200 NAlvlPA, IDAHO 83687.7901 TEL (208) 466-9272 FAX (208) 466-4405 CHRISTOPHER S. NYE PHIUP A. PETERSON TODD A. ROSSMAN TERRENCE R. WHITE **. · Also admitted in CA .. Also admitted in OR ... Also admitted in W A May 27,2004 William G. Berg, Jr. City Clerk 33 East Idaho Street Meridian, Idaho 83642 Re: MARY BALLANTYNE / TROUTNER BUSINESS PARK SUBDIVISION NO.2 / FINAL PLAT - (FP-04-029) Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Works, and the attorney's office. If you have any questions, please give me a call. Very truly yours, Wm. F. Nichols dc\Z:\Work\M\Meridian\Meridiall 15360M\Troutner Business Park Sub NO.2 FP-04-029\ClerkFPltr 0525 04.doc BEFORE THE MERIDIAN CITY COUNCIL CIC 05/11/04 IN THE MATTER OF THE ) APPLICATION OF MARY ) BALLANTYNE, FOR APPROVAL ) OF RE-SUBDIVISION OF LOTS 4-5 ) AND 10-15, BLOCK 2; LOTS 1-3 ) AND 5-8, BLOCK 3; BLOCK 4; AND ) LOT 3, BLOCK 5 OF TROUTNER ) BUSINESS PARK SUBDIVISION ) AND INCLUDES 6 COMMERCIAL ) BUILDING LOTS ON 17.26 ACRES ) OF LAND, LOCATED ON THE ) SOUTH SIDE OF W. FRANKLIN ) ROAD, APPROXIMATELY ~ MILE ) WEST OF MERIDIAN ROAD IN ) THE NE ~ OF SECTION 13, T.3N., ) R.IW. ) ) CASE NO. FP-04-029 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter corning before the City Council for Final Plat approval pursuant to Meridian City Code S 12-3-7 on May 11, 2004, and the Council finding that the Administrative Review is complete from Sonya Allen for the Planning and Zoning Department, and Bruce Freckleton, Engineering Technician III, dated: City Council Date: May 11,2004, to the Mayor and Council, and that Anna Powell Planning Director for the Planning and Zoning Department, commented at the hearing, and the Council having considered the requirements ofthe preliminary plat the Council takes the following action: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TROUTNER BUSINESS PARK SUBDIVISION NO.2 1 (FP-04-029) Page 1 of 4 IT IS HEREBY ORDERED THAT: 1. The Final Plat of "FINAL PLAT OF TROUTNER PARK SUBDIVISION NO.2, A REPLA TTING OF TROUTNER PARK SUBDIVISION (LOTS 4-5 AND 10-15, BLOCK 2; LOTS 1-3 AND 5-8, BLOCK 3; BLOCK 4; AND LOT 3, BLOCK 5) LOCATED IN A PORTION OF THE NORTHEAST ~ OF SECTION 13, T.3,., R.IW., B.M., MERIDIAN CITY, ADA COUNTY, IDAHO, APRIL, 2004, JOB NO. 102015, HANDWRITTEN DATE: 04/14/04, KELLER ASSOCIATES, 131 SW 5TH AVENUE, SUITE A, MERIDIAN, ID 83642 * (208) 288-1992, SHEET 1 OF 2", Mary Ballantyne, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Teclmician III, and Sonya Allen for the Planning and Zoning Department, dated: City Council Date: May 11, 2004, listing 12 SITE SPECIFIC REQUIREMENTS, and 5 (numbered incorrectly) GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit' A', and consisting of four pages, and by reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR TROUTNER BUSINESS P ARK SUBDIVISION NO.2 / (FP-04~029) Page 2 of 4 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 9 67-6521. An affected person being a person who has an interest in real property which may he 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 hy Chapter 52, Title 67, Idaho Code. By action ofthe City Council at its regular meeting held on the \ \*' daYOf_~ ,2004. ORDER OF CONDITIONAL APPROV AL OF FINAL PLAT FOR TROUTNER BUSINESS PARK SUBDIVISION NO. 21 (FP-04-029) Page 3 of 4 A:;;.dL-'p:~ 9- William G. Berg, Jr., City Clerk - - Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and City Attorney. BY:jwt~ Dated:~l ne \ 2004 I dclZ:\Work\M\Meridian\Meridian I 5360MlTroutner Business Park Sub No.2 FP.04-029\OrderFP.doc ORDER OF CONDITIONAL APPROV AL OF FINAL PLAT FOR TROUTNER BUSINESS PARK SUBDIVISION NO.2 I (FP-04-029) Page 4 of 4 i MAYOR Tammy de Weerd ~U /ClTYOF ~"-"2..", L/VLerldicrn IDAHO ....,. '~l " " \' V )/ / ~ c.1903 CITY HALL (208) 888-4433 - Fax 887-4813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-955 I CITY COUNCIL MEMBERS Keith Bird William LM. Nal)' Shaun Wardle Charles M. Rountree LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 STAFF REPORT: City Council Date: May 11, 2004 From: Mayor, City Council and Planning & Zoning Commission Sonya Allen, Planner I JIl Bruce Freckleton, Senior Engineering Tech ~ Troutner Business Park Subdivision No.2 To: Re: . Request for Final Plat Approval of Six (6) Commercial Building Lots on 17.26 Acres in a C-G Zone for Troutner Business Park Subdivision No.2, by Mary Ballantyne (File No. FP-04-029) We have reviewed the above-referenced submittal and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, Mary Ballantyne, has requested final plat approval for the second phase of Troutner Business Park Subdivision, located south of W. Franklin Road, approximately 1,4 mile west of Meridian Road. This phase is a re-subdivision of Lots 4-5 and 10-15, Block 2; Lots 1- 3 and 5-8, Block 3; Block 4; and Lot 3, Block 5 of Troutner Business Park Subdivision and includes 6 commercial building lots on 17.26 acres of land. The submitted final plat complies with the approved preliminary plat (PP-03-034) for Troutner Business Park Subdivision No.2. Staff recommends approval of the final plat for Troutner Business Park Subdivision No.2 with the comments and conditions stated in this report. LOCATION The subject property is located on the south side of W. Franklin Road, approximately ~ mile west of Meridian Road in the NE ~ of Section 13, T.3N., R.IW. Exhibit 'A' Page 1 of 4 Mayor & City Council Hearing Date: May 11,2004 Page 2 of 4 SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved Preliminary Plat (PP-03-034) and Development Agreement. 2. Submit compaction test results to the Meridian Building Department for any building pads within lots receiving engineered backfill. 3. Revise or add the following notes to the face of the plat: a. Revise note #12: ''The use of the subdivision is intended to be commercial aR:Ei industrial. b. Revise spelling of "aluminum" in the legend on the first symbol shown. c. Revise note #11: "A 10-foot wide landscaped street buffer is required on each side of Penn wood and on the east side ofS.W. 5th Avenue. d. Add note #13: "The bottom elevation of structural footings shall be set a minimum of twelve (12") inches above the highest established normal groundwater elevation. 4. Revise the landscape plan as follows: a. Show landscaping on Lot 17, Block 2. Since this lot contains an irrigation easement no trees will be allowed. b. Show landscaping in the twenty foot landscape easement along eastern boundary of property in accordance with MCC 12-13-12-3 Buffer Materials. c. Show a 10-foot wide landscaped street buffer along the east side of S.W. 5th Avenue in accordance with MCC 12-13-10 Street Buffers. d. Revise note #8 to read: "All lots zoned C-G." All neighboring lots zoned C G. e. Show proposed or existing perimeter fencing on the plan. f. Revise plant schedule to show the minimum number of different species required per total number of trees per MCC 12-13-7-4. 5. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 6. Sanitary sewer service and municipal water to this development 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 Exhibit 'A' Page 2 of 4 Mayor & City Council Hearing Date: May 11,2004 Page 3 of 4 Public Works Department. Applicant shall execute City of Meridian standard form of easements, for any mains that are required to provide service. 7. 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. 8. The pressurized irrigation system within this development is to be owned and maintained by N ampa & Meridian Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the municipal water system shall be required. Plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process, and a draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 9. Complete the Certificate of Owners and accompanying Acknowledgment. 10. Remove the "April" notation in the situate statement of the final plat. 11. The language for the witness corners, noted in the Certificate of Owner's, for the west end of Pennwood Street is somewhat confusing, and appears to be inaccurate. Please verify the accuracy. 12. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat or Development Agreement does not relieve Applicant of responsibility for comp liance. GENERAL REQUIREMENTS 1. Tile all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided per City Ordinance 12-4-13. Submit written confirmation of plan approval from the appropriate irrigation/drainage district, or lateral users association to the Public Works Department. 2. Remove any existing domestic wells and/or septic systems within this project 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. Installl00-watt, high-pressure sodium streetlights at locations designated by the Public Works Department. Street light contractor shall obtain an approved design and permit from the Public Works Department prior to commencing installations. Exhibit 'A' Page 3 of 4 Mayor & City Council Hearing Date: May 11, 2004 Page 4 of4 3. Replace any tree over four (4) inch caliper that is removed from the property with an equivalent number of caliper inches of trees. (Required landscape buffer trees will not be considered as replacement trees for those trees that have to be removed.) 4. Coordinate with the Meridian Public Works Department and the Meridian City/Rural Fire Department to determine fire flow requirements. Provide a letter from the Fire Department stating required fire flow requirements prior to final plat approvaL RECOMMENDATION Staffrecommends approval ofthe final plat with the above stated comments and conditions. Exhibit 'A' Page 4 of 4 INTERNS P & Z would like to use a high school student for data entry. They anticipate the project to be 100 hours and would like to pay $6.00 an hour which would cost $600. Anna also would like the option to have an additional 1 00 hours for a second internship @ $600 dollars. IT would like to use an intern this summer from June - August for 15-20 hours per week at $6.00 hour to help with misc. computer problems and networking support. The cost would be $1560.00 Public works could use 2 interns to help in gathering data for the beginning of the GIS system. This would include field and office work to gather data. They are looking at 3 months at $7.00 hour which should cost about $7,500. Police department - Already uses interns from BSU's criminal justice program. Currently they have in place a description and established selection criteria. They would like 2 positions for each calendar year at $600 plus 1 intern for an additional 3 credits at $500 the total cost per year for interns would be $1,700.00. Parks & Recreation - Has an intern Colin Moss scheduled to start this month from U of! to work in the summer camp program. The funds had been set aside from the summer staff budget for this year. The Mayor would like 2 interns 1 to assist the Mayor and her staff with daily project management and the other to work on a youth initiative for the City of Meridian. Duration is May to the end of July working 10 hours per week. Cost would be $6.50 per hour. This year the Mayor has some salary savings in her budget and would utilize those funds. We advertised at all the colleges for these positions and received 9 applications and/or resumes. For next year the Mayor anticipates 2 interns working 10 hours @$7.50 an hour for 13 weeks which would cost $1950.00 Total Cost to fund a summer internship program this year would cost the City an estimate of$11,960.00 tift f- tel (J l~f] (hcl~'p'~ €) 1}- / / rt:----- ' RECEIVED MAY 11 200~ City of Meridian City Clerk Office MaY.1 I. 2004 12:54PM No.3837 p, 1 City of Meridian Public Works Dept. RE EI1A1ED MAY 1 1 2004 City Of Meridian City Clerk Office Memo /(~{J rPP 1- ye,'fl () plVJ I ~ /}/ To: Mayor de Weerd & City Council From: Brad Watson, P.E CC: File, Gary Smith, PE, City Clerk Date: 5/11/04 Ke: May 11, 2004 City Council Meeting Agen\ The Public Works Department requests that the ite\ "~,uered on tonight's City Council agenda, under Department Reports, for C~ ~ ...onsideration. The agreement was submitted to me last Friday after the deadline for submitting agenda items to the City Clerk's office. Time is of the essence on this project so I am requesting it be considered tonight (Le. the excavators started digging and but have been shut down and are essentially idling on~site tOday) 1. Three DartY License AQreement with Nampa & Meridian IrriQation District - Finch Lateral Sewer & Water CrossinQ. This agreement is for a new sanitalY sewer and water main to selVe the serve Redfeather Subdivision (by Packard Estates Development, LLC). This is a three party agreement betvveen the Nampa & Meridian Irrigation District, Packard Estates Development, and the City of Meridian. The purpose of this agreement is to delineate the responsibilities among the parties during and after construction. During the construction period the agreement is between the NMID and Packard Estates Development, and upon the final acceptance of the main by the City of Meridian, the developer drops out of the agreement. and the City becomes the Licensee. This will cut out a necessary step of having to re-license the crossing to the City of Meridian once it is complete,. Recommended Council Action: Approve the license agreement with Nampa & MeridIan Irrigation District, Packard Estates Development, LLC and the City of Meridian, and authorize the Mayor to sign and CIty Clerk to attest Thank you foryou7~ . Page 1 MOV 1 1 'Vl4 1 4: 1;:::> ma1-11' f.UUq. 1t.;;)I!/"M No.3837 p. 2 RINGERT ~.CLARK CHARTERED LAWYERS May 512004 lA'.nlr:'1o~ H~lfri ,\'.rrH"V I":. c:'nl.....t~m~rJl1 n.flI~i..c:I.""'" MlCM("~ J. Doo\illl,' S. ONce puff..S f'<llrlcl\ Cl. I"UrcY O""IU H;;;mmCrql'J51 t:h"rl~$ 1... H<.m~IMC1 )fl~~rJh 1:1 )()1l<:'5 J.:'1~ II~~: .... .f\at IfUl-i.HI j<:l1llilr:r ~..;tl MlIl ""I<:,y J$fm('.....:; (i. ~~l;'Cj WilIiflITI 1"'. nil'\S("r1 D;:1l1icJ v. $I('''~''>lt)n Allyn L. SWCCflC'lY Becky McKay Engineering Solutions. liP 150 E. Aikens St , Suite B Eagle. ID 83616 RECEIVED MAY 06 2m' Sillllll<::J /(;.lLI(m>ln (I ()2 H (186\ Re" Request for License Agreement with Nampa & Meridian Irrigation District to construct sewer line and water line within the easement for the Finch Lateral Dear Becky' Enclosed for review and signature are duplicate originals of the above-referenced License Agreement which you requested 011 behalf of Packard Estates Development, LLC, and the City of Meridian Both originals of the Agreement must be signed and notarized as indicated by both Packard Estates Development, LLC, and the City of Meridian. Do not date the agreement Ifboth originals are executed and returned to me by May 12, 2004, I will he able to submit the agreement to the District's Board ofDirectors for approval and signature at the Board's next meeting on May 18.2004. The District will then have its origlnal recorded and return your original to you with a bill for our services in preparing the agreement and the recording fees. Yours very truly, RECEIVED MAY 0 7 Z004 MER!DlAN CITY ENG1NEER Please contact me jf you have any questions .~~ /J.' S, Bryce Farris Enclosures 45fi SOUTh Third sm.;t;T . POBox :.:!773 . Boise Idyho 83701 . 208/342-4.")91 r:AX 31j.2.4&;7 MRY 11 '04 14:13 MaY.1 I. ZUU4 IL:~~PM No,3837 p, 3 LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this _ day of , 2004, by and among NAJ:v1P A& MERIDIAN mlUGA TION DISTRlCT, an irrigation district organized and existing under and by virtue of the laws ofthe State ofJdaho; party of the first part, hcreinafterreferred to as the "District", and C1TY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642; and PACKARD ES1ATES DEVELOPMENT, LLC, 6223 N, DiscovCTY Way, Suite 120, Boise, Idaho 83713, party or parties of the second part, hereinafter collectively referred to as the "Licensee". W ! I N ~ ~ .s. g I R: VlHEREAS, Licensee is the owner 0 f real property and/or right-of-way for a sanital)' sewer 1 i ne and water lin~ (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WI I EREAS, the District O\VllS the iuig-a tion ditch or canal known as FINCH LATERAL (hcn,-inafter collectively referred to as "ditch or cana1\1), an integral part of the District's; irrigation works and system, together with the easement therefor to convey irrigation water, operate, clean, maintain, and repair the ditch or Ci:II1al, and access the ditch or canal for those purposes; and, WHEREAS. said ditoh or eanal and easement crosses Licensee's property and/or right-of-way as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licc;"l1see desires a license to engage in construction or activity affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the mann~ and under the terms and conditions hereinafter set forth; and, WHEREAS, the City of Meridian, by execution oflhis agreement, agrees to assume the maintenance and operation of the sewer and ,"vater facilities constructed affecting said ditch or canal or the District's easement in the manner and under the terms and conditions hen.>i.nafter set forth after it provides final approval, in writing, and to be bound by the tenns and conditions of this agreement and the City of Meridian agrees to assume the obligations and responsibil ities as the Licensee which are imposed by this agreement once it provides final approval of the construction and installation; and, WHEREAS, it is necessary that the District protect absolutely its right to control any modification or alteration of its watercourses and its right of way along its watercourses; NOW, THER.EFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: MAY 11 '04 14:13 D,,;:::I:: r;,.." MaY. I I. ZUU4 IZ:~oPM No.3837 p. 4 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be perfonned and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. 2. This agreement pertains only to the Licl,..'Ilsee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Lieensce shall not ohange the location o[the ditch or canal, bUlY the ditch or canal in pipe, or otheI"\vise alter the ditch or canal in any manner not desl,..'Tibed in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shan bc constlUcted, installed, opCt'aled, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or caUse' a, a hazard to any person or property; b. an intermption or interference with the flow of irrigation water in the dilch or canal or the delivery of irrigation watCr by the District; c, an increase in seepage or any other increase in the loss of water from the ditch or canal; d the subsidence of soil within or adjacent to the casement; e any other damage to the District's easement and irrigation works. 5. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out ofany of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easement and irrigation works which maybe caused by the construction, installation, operation, maintenance, repair, and any usc or condition of any facility 6. Licensee agrees that Ihe work perfonned and the materials used in such construction shan at all times be subjeot to inspection by the District and the District's engineers, and that final acceptance of such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld 7. The District reserves the right, at the District's option, to remove any facili ty installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow ofwatcr in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and th~ Licensee agrees to pay to the District, on demand. the costs which shall be reasonably expended by the District [or such purposes. Tfthe Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anywise affecting its other rights and remedies hereunder, LICENSE AGREEMENT - Page 2 MRY 11 '04 14:13 Di'"'l(':C I?lA MaY.lI. ZUU4- IZ:~~PM No.3837 p. 5 shall have the right to perform the necessary maintenance and rcpair$ and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shaH give reasonable notioe to the Licensee prior to the District's performing such maintenanoe, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensec shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the tenns of this paragraph except for claims arising solely out of the negligence of the District 8. Neither the terms of this agreement, the permission granted by thc District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any ohligations of this agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or otherrcquirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the Districtts operations and activities prior to and without execution of this agrct.1Ilent. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this al:,'Tcement or the Lict..'11see's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of suoh jurisdiction or, at the option of the District, this agreement shall be of no force and effcct and the Licensee shall cease all activity and remove any facility authorized by this agreement 9. In addition to all other indemnification provisions herein, Licensee further agrees to indemnity, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorneis fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of Licensee or its agent$, contractors or subcontractors in performing the construction and activities authorized by this agreement 10, The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area ofthe District in thc reasonable exercise of the rights ofthe District in the eourse ofpcrfoID1ance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair undcr this or any other paragraph of this agreement 11" Licensee shall place no structures or landscaping of any kind above within the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party 13. The parties hereto understand and agree thatthe Distriethas no right in any respect to impair LICENSE AGREEMENT - Page 3 MAY 11 '04 14:14 D.......~r::' Oe" May. I I. ZUU4 IZ:3tiPM No,3337 p, 6 the uses and purposes of the irrigAtion works and system of the District by this agreement, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works and system arc devoted and dedicated and that this contract shall be at all times construed according to such prinoiples 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivl;.'I)' of irrigation water 15. In the event ofthe failure, -refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the tenus hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for Lhc District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adver!le possession by thc Licensee or any third party against District. 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third party, 19, If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, an remaining provisions of this agreement shall remain in full force and effeot 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular, The covenant::;, conditions and agreements herein contained shaH constitute covenants to run with, and running with, all of thc lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shan inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMPA & MElUDlA.N IRRIGATION DISTRICT By Its President LICENSE AGREEMENT - Page 4 MAY 11 '04 14=14 D-t'"'lf"":':'L' nr MaY.ll. 2004 12:56PM No,3837 P,7 ATTEST' Its Seoretary CITY OF MERIDlAN By ATTEST~ PACKARD ESTATES DEVELOPMENT, LLC, By_ .lZ-'ifL-- - STATE OF IDAHO ) ) 55: County of Canyon ) On this _. day of , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared Henry Weick and Daren R. Coon, !mown to me to be the President and Secretary, respecti voly, ofNAMP A & MERIDIAN IRRJGA nON DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same IN WlTNESS WHEREOF, I have hereunto sctmy hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at , Idaho My Commission Expires: STATE Of IDAHO ) )ss. County of Ada ) LICENSE AGREEMENT - Page 5 MAY 11 '04 14:14 ...r-.r"r- o-J,f"") MaY.]], 2004 12:56PM No.3837 p. 8 On Ibis _ day of , 2004. before me, the undersigned, a notary public in and for said state, personally appeared and , known to me to be the and , respectively, of the CITY OF MERIDIAN, tile political subdivision and municipality that executed the foregoing instrument, and acknowledged to me that such entity executed the same IN WITNESS WHER.EOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written Notary Public for Residing at My Commission Expires' STATE OF IDAlIO ) ,j )ss County of Q..!!: tv ) -Hr/ m On this ~ day of , 2004, before me, the undersigned, a notary ~c in and for said state, personally appear l . . knO\Vl1 to me to be the . fil!() fJl' of PACKARD ESTATES DEVELO NT, LLC, the entity that executed the foregoing i trument, and acknowledged to me that such entrty executed the same, IN WITNESS WHEREOF, I have hereuntoscln M and year in this certificate t'11'st above wTitten .',......,. '" ~"...,.. \\f-ILA '/"'" ,"" ~......... (\L. "'- i.-- .....-~ ~~ i (NO" \(' ~ ~ ~ .., tt'I :. : '. ~):=: ;; en ,,0,,_ "" E ..~ v - \. 7,-\\ ~ IlI.JC i ':o~' ... .:- "'- ~ 0 ....... ...... """ 'P lD A \\0.............. '.........n.... Notary Public for Residing at ,_ My Commission Expires: ~;~dl~g !n: Boiss, Idaho ,..",mISSIOn expires: 02.05-2006 LICENSE AGREEMENT - Page 6 MAY 11 '04 14:14 Apr M~~ I L,",~~049 ~ ~~!,~~\ .Jul 14 03 OS: 488 Er ineerin~ Solutions TEALEV'S LRND SURVEyING No.3837 2{ 938 080lTl 2DB38S0SSS p. 9 p.2 p.4 TEALEY'S LAND SURVEYING 2501 Bogus Basin Rd. - BOise, Idaho 83702 (208) 3815-0636 Fax (2G9) 385-0696 Project No.: 2442 Date: July 14,2003 DESCRIPTION OF PROPOSED REDFeAIHER SUBDIVISION A parcel orland consisting of lots 5, 6, 7, and a portion of lot 9 of Georgianna Milk's FIf'9t Subdivision ilS on fife in Book 4 of Plats at Page 148 in ltIe Office of the Recorder for Ada County. Idaho and portions Df Ole SE 1/4 of the NW 1/4 and the West 112. of the NE 1/4 of Section 4, T.3N . R.1E., 8M, Ada County, Idaho and more particular!)' described as follo~: COMMENCING at an Iron pin marking the Norttll/4 comer ()f said Section 4; thence along the West Ifnl!" of Govornment l.ot 2 of sold Section 4 South 00'"35'080 West 25.00 feet to a paint 00 too South right-of-way line of West Ustick Road which pOInt is the POINT OF BEGINNING; thence along said South right-of- way South 89-44'17" East 913.24 feet to a point on the East fine or Parcel B as shown on Record of Survey No. 3847 in said Of'fioo of the Ada County Recorder; thence leaving said South right-at-way line along said East line South 00"48'17" Eaal290.41 featm an iron pin: thence continuing South 89'"44'17" East 150.01 feetro an iron pin.; thence continuIng South OOP48'1T East 166.95 feet to an iron pin"; thence continuing South 66"53'17'" East 273.76 feet to an irpn pin on 1h e East tine C1f said G Dvemment Lot 2; thence along said East line South 00032'19" West 694.30 feet to an iron pin marking the Southeast comer of said GOY8mment Lot 2; thence along the East lins of the SW 1/4 01 the NE 1/4 ()f said Section 4 South 00"33'46- West: 1326.12 feet to an iron pIn marking the Southeast comer of saId West 112 ~f the NE 1/4; thence along the East.West canter of section line of said Section 4 North 89"'47'00" West 998]2 feet to the Southwelrt comer of said Lot 7; thence along the West tine of said lot 7 North 00.36'44)" East 642.69 feet 10 the Nol"thWsst comer of said Lot 7; thence along the North line of Lot a of said Georgisons MIlk's Flrsl Subdivision North 99048"16" West 328.56 feet to the Northwest comer of said Lot 8; thence along the West IInl!t of said Lot B South 00"'37'4S" West 642.57 feet to an iron pin marking tI1e center of said Section 4; thence along the Eaet-West centar of Bedfon line of said Section 4 North 890045'21- West 1329.51 feet to the Southwest comer of said SE 1/4 of the NW 1/4 of Section 4; th811ce along the West line of said SE 1/4 of the NW 1/4 North Oo03T36~ East 665.34 feet to (he Southwest comer of Peritins-.Brown Subdivision as on file in Book 25 of Plats at Pages 1562 and 1563 in said Office of the Ada County Recorder; thence along the South line of tlald Pe~ns-8rown SUbdivision South 89-49'23- East 1309.58 fe0t to a point; thence continuing North 00037'40- East 20.00 leetto a point; tnence continuing 2A42-PllJt.Qelc:.dOC - QI'Ul"I Exh:kb:i:.t. A, page ,.--- MAY 11 '04 14:15 Apr-MaV.II. ZUU4s12:57P.M ..:Ji"l 14 03 OS: ...s.. ~( ineering Solutions TEALEY'S LAND SURVEYING 2 20a3BsaSSS sse o~o..: ~837 p, 10 p.3 p.5 TEALEY'S LAND SURVEYING 25D111OGOO BASIN ~D. BOlSE.IDS\flO mQ2"{2Oll)~s:\& Project No.: 2442 Proposed Redfeather Subdivision South 89849'23" East 20.00 fel!!t to a pOint on the North~South center of section line of said Section 4 North 00"37'040" East 638.25 f.,ello an iron pin marking the Southwest CDrneT of saId Government Lot 2: thence continuIng North 00"'35'08" East 1264.31 feet to the POINT QF ~GltllNJNG; Page 2 Saki PaJ"a!1 Con~ina 90.29 AcIWSr mora or 18ss. ~~doI:-dJJl'l'l Exhibit A, page 2 MAY 11 '04 14:15 May. I I. zuu~ IZ:~IPM No.3837 P.11 TEALEY'S LAND SURVEYING wr--.- ~~i'i~~""'Q 2501 Bogus Basin Rd. . Boise, Idaho 83702 (206) 385-0636 Fax (208) 385-0696 Project No.: 2442-1 Date: June 23, 2003 Revised: February 2,2004 EXHIBIT A DESCRIPTION QE CITY OF MERIDIAN EASEMENT FOR REDFEA THER SUB.. PHASE 2 FROM BRYSO~ A parcel of land situated in the SW 1/4 of the NW 1/4 of Section 4, T,,3N., R1E., B"M", Ada County, Idaho and more particularly described as follows: COMMENCING at a brass cap marking the Northwest corner of said Section 4; thence along the West line of said Se,ction 4 South 00<>36'11" West 1724.77 feet to a point on the extended Northerly line of the parcel of land described in Instrument No. 912958; thence along said extended Northerly line and the Northerly line of said parcel of land described in Instrument No. 912958 South 53003'49" East 86.89 feet to a point on the East right-of-way line of North Eagle Road; thence continuing along said Northerly parcel line South 530>03'49" East 45..43 feet to the POINT OF BEGINNING; thence leaving said Northerly parcel/ine North 69"01'02" East 46.24 feet to a point; thence North 56"55'02" West 63.72 feet to a point; thence North 71"22'50" West 27.17 feet to a point on said East right-of~way line of North E::;;gle Road; thence along said East right-af-way line North 00036'11" East 21.03 feet to a poine; ~L~nce le~vlng said East rir,ht-of-w3y ;;ije South 71022'50" East 36.21 feet to a point; thence South 56"'55'02" East 48.89 feet to a point; thence South 87"12'15" East 63.98 feet to a point; thence South 62"08'32" East 113.99 feet to a point; thence South 75"57'01" East 196.70 feet to a point; thence South 54<>35'15" East 140.51 feet to a point; thence South 39052'05" East 195.62 feet to a point; thence South 75"58'54" East 296.01 feet to a point; thence South 43"27'37" East 361.01 feet to a point; thence South 70"15'00" East 48.66 feet to a point on the East line of said SW 1/4 of the NW 1/4; thence along said East line of the SW 1/4 of the NW 1/4 South 00<>37'36" West 31..75 feet to a point; thence ~eaving said East line of the SW 1/4 of the NW 1/4 North 70"15'00. West 66.21 feet to a point; thence North 43027'37" West 359.40 feet to a point; thence North 75058'54" West 297.04 feet to a point; thence E~hibit A-1, page 1 2442-BI)'SQl'I-Phase2-Se.\er~Ease.doc - dnm 'Ct""lr:r= ,,"J MAY 11 '04 14:15 MaY.II. ZUU4 IZ:~IPM No.3837 p. 12 TEALEY'S LAND SURVEYING 2501 BOGUS BASIN ROAD, BOISE, IDAHO 83702"{208) ~ Project No.: 2442-1 Meridian Easement from Bryson Page 2 of 2 North 39052'05" West 201.52 feet to a point; thence North 54035'15" West 130.98 feet to a point; thence North 75057'01" West 194.67 feet to a point; thence North 62008'32" West 104.00 feet to a point; thence South 69"01'02" West 78.36 feet to a point on said Northerly parcel line; thence along said Northerly parcel line North 53003'49" West 35.4 1 feet to the POINT OF BEGINNING. Exhibit A-1, page 2 2442-8ryson-Phase2-5ewer-Ease.doc - dnm MAY 11 '04 14:15 r'lr..r-r- .._ MaY.II. LUUlJ. IZ:~~PM No.3837 p, 13 Finch Lateral in NW1/4, 5.4, 1 T.3N, R.1 E, 8.M., Ada County, Idaho (August 1994) Exhibit B MAY 11 '04 14:16 MaY.II, ZUU4 12:59PM No.3837 p. 14 EXHmlT C Purpose of License The purpose of this License Agreement is to permit Lioensee to: 1 construct, install and maintain a sanitary sewer line within and across the District's easement for the Finch LatC1or; and 2 construct and install a water line within and across the District's easement for the Finch Lateral, all within or near Licensee's real property described in Exhibit A and the right-of-way described in Exhibit A-I, located southeast of the intersection of Eagle Road and Ustick Road in Meridian, Ada County, Idaho, EXHIBIT D Special Conditions a, Construction shall be in accordance with certain plans consisting ofthrcc sheets: sheet 1 of 3 entitled "Canal Crolising for Sewer Extension -Redfealher Subd.;' bearing engineer>~ stamp dated February 24,2004; sheet 200 entitled "Canal Crossing for Sewer Extension -Redfeather Subd.," bearing engineer's stamp dated February 24, 2004; sheet 3 of 3 entitled "Canal Crossing for Sewer Extension -Redfeather Subd.," bearing engineer's stamp dated Fcbrucuy 24,2004; sheet 1 of 4 entitled "Offsite SewerlWater Plans for -Redfeather Snbd.," bearing engineer's stamp dated March 11, 2004; sheet 2 of 4 entitled "Offsite SewerlWatcr Plans for -Redfeather Subd.," bearing engineer's stamp dated March 11,2004; sheet 3 of 4 entitled "Offsite Scwer/W ater Plans for -Redfeather Subd.," bearing engineer's stamp dated March 1 ],2004; and sheet 4 of 4 entitled "Offsite SewerlWater Plans for -Rcd[eather Subd.," bearing engineer's stamp dated March 11,2004. These plans have been delivered to the District's water superintendent, are in his possession in his oftices, and are hereby incorporated by this reference b. Licensee shall notify the water superintendent of the Distl'ietprior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. c. The Licensee recognizes and acknowledges that the license granted in this agreement by the District pertains only to the !ights of the District as owner of an casement. The District has no right or power to create rights in the Licensee affecting the holder oftitIe to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to oblain such rights from the holder oftitIc to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this agreement shall be of no force and effect d. The parties expressly agrees that the City of Meridian shall not be considered the Licensee under the terms of this agreement until the City of Meridian provides final approval, in writing, of the construction and installation of the sewer and water lines described in Exhibit C of this agreement and takes over the operation and maintenance of said sewer and water lines. Until such time as the City of Meridian provides final approval in writing, the covenants, conditions and obligations of this agreement shall be binding upon Packard Estates Development, LLC, and its agents and successors in interest. At such time as LICENSE AGREEMENT - Page 7 MAY 11 '04 14:17 May,lI. ZUU4 IZ:'J~PM No.3837 p, 15 the City of Meridian does provide final approval of the construction and installation of the sewer and water lines, the parties agree that Packard Estates Development, LLC, shall be released from any obligations, conditions or covenants of this agreement, and Packard Estates Dcvelopment, LLC, shall no longer be considered the Licensee under the terms of this agreement e. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easeme::nt, nor perform any construction or activity within the District's easement for the Finch Lateral except as referred to in this agreement or exhibits thereto without the prior written consent ofthe District. The District's easement [or the Finch Lateral is 80 feet, 40 feet to either side of the centerline [ Construction shall be completed one year from the date of this Agreement. Time is of the essence UCENSE AGREEMENT - Page 8 MAY 11 '04 14:17 ** TX CONFIRMRTION REPORT ** RS OF MRY 12 '04 14:02 PAGE. 01 CITY OF MERIDIAN 25 DATE TIME TO/FROM MODE MIN/SEC PGS CMDij STATUS 05/12 14:02 CHAMBER-COMMERCE ----S 00'00" 000 250 BUSY THIS DOCUMENT IS STILL IN MEMORY ----------------------------------------------------~---------------~----------------------- p\eo.sc post.t6r p..tbl'D NU"I\ c.c - I' \.\..1...1 ~'-l . t. J ". MERIDIAN DEVELOPMENT CORPORATION REGULAR MEETING AGENDA Wednesday, May 12, 2004, at 7:30 a.m. @ Meridian City Council Chambers 33 E.ldaho Avenue - Meridian, Idaho 1. Roll-call Attendance: _ Craig Slocum - Chairman _ Clair Bowman - Vice Chairman _ Clarence Jones - Secretary _ Keith Bird Charlie Rountree _ Linda Rupe Jon Cecil ex-officio_ Steve Siddoway ex-officio_ Stacy Kilchenmann - Treasurer _ Ryan Armbruster - Counsel 2. Treasurer's Report: 3. Approve Bills: 4. Downtown Meridian Marketing Strategy (Siddoway): a. Update b,o Consideration for Approval c. Request to prepare resolution for adoption d. Final Market Strategy Presentation (7:00 - 9:00 p.m., May 19th @ Meridian United Methodist Church) 5. Downtown Banner Grant (Kirkpatrick): 6. Transportation Management Plan Proposal Update (Siddoway): 7. TIF Contribution I Participation Policy Update (Bowman): 8. MDC Executive Director Update (Jones IArmbruster): 9. Gateway Signage I Grant-Writing Proposal Update (CeciI/Siddoway): 10.MDC Web Site Update (Rupe): 11.5age Community Resources 2004-05 CEDSP Update (Bowman): 12. Downtown Projects Update (Siddoway): Meridian Development Corporation Regular Board Meeting - May 12. 2004 Page 1 of 1 All materials presented at public meetings shall become property of the MOC. Anyone desiring accommodation for disabilities related to documents and I or hearings, please contact the City Clerk's Office at 888.4433 at least 48 hounl prior to the public meeting. Meridian Development Corporation MERIDIAN DEVELOPMENT CORPORATION REGULAR MEETING AGENDA 33 East Idaho Avenue Meridian, Idaho 83642 (208) 888~4433 Fax (208) 888-4218 Wednesday, May 12, 2004, at 7:30 a.m. @ Meridian City Council Chambers 33 E.ldaho Avenue ~ Meridian, Idaho · · · · · · · · · 41. Roll-call Attendance: Craig Slocum - Chairman Keith Bird Clair Bowman - Vice Chairman Charlie Rountree Clarence Jones - Secretary Linda Rupe Jon Cecil ex-officio_ Steve Siddoway ex-officio_ Stacy Kilchenmann - Treasurer _ Ryan Armbruster ~ Counsel 2. Treasurer's Report: 3. Approve Bills: 4. Downtown Meridian Marketing Strategy (Siddoway): a. Update b. Consideration for Approval c. Request to prepare resolution for adoption d. Final Market Strategy Presentation (7:00 - 9:00 p.m., May 19th@ Meridian United Methodist Church) 5. Downtown Banner Grant (Kirkpatrick): 6. Transportation Management Plan Proposal Update (Siddoway): 7. Tlf Contribution I Participation Policy Update (Bowman): 8. MDC Executive Director Update (Jones IArmbruster): 9. Gateway Signage I Grant~Writing Proposal Update (Cecil/Siddoway): 10.MDC Web Site Update (Rupe): 11. Sage Community Resources 2004-05 CEDSP Update (Bowman): 12. Downtown Projects Update (Siddoway): Meridian Development Corporation Regular Board Meeting -April 14, 2004 Page 1 of 1 All materials presented at public meetings shall become property of the MDC. Anyone desiring accommodation for disabilities related to documents and lor hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ( ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 05/19104 11:46 AM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian City AMOUNT ,00 54 1111111111I111111111111111111111I1111 1(14061807 DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian John and Jeanne D. Talk, Co-Trustees of The John and Jeanne Tolk Trust, UITIA dated January 7, 1993, Owner Capital Development, Inc., OwnerlDeveloper 2. THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this /:$J-!;- day of Jrla~ ' 2004, by and between CITY OF MERIDIAN, a municipal corporation of eState ofIdaho, hereafter called "CITY', and JOHN AND JEANNE D. TOLK, CO-TRUSTEES OF THE JOHN AND JEANNE TOLK TRUST, U/T/A dated January 7, 1993, whose address is 2205 E. McMillan, Meridian, Idaho 83642, hereinafter called "OWNER", and CAPITAL DEVELOPMENT, INC., whose address is 6200 Meeker Place, Boise, Idaho 83713, hereinafter called "OWNER! DEVELOPER". 1. RECITALS: 1.1 WHEREAS, "Owner" and "Owner/Developer" are the sole owners, in law and/or equity, of certain tract ofland in the County of Ada, State ofIdaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, LC. S 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition ofre-zoning that the "Owner" and "OwnerlDeveloper" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner" and "OwnertDeveloper" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-8) DEVELOPMENT AGREEMENT (AZ-03-035) PAGE 1 OF 24 Medium Density Residential District, (Municipal Code ofthe City of Meridian); and 1.5 WHEREAS, "Owner" and "OwnerlDeveloper" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 6~ day of IJprtt. ,2004, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owner" and "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER" AND "OWNER/DEVELOPER" deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.9 WHEREAS, "City" requires the "Owner" and "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing DEVELOPMENT AGREEMENT (AZ-03-035) PAGE 2 OF 24 services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration ofthe covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue oflaw ofthe State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER": means and refers to John and Jeanne D. Tolk, Co- Trustees of The John and Jeanne Tolk Trust, U/T/A dated January 7, 1993, whose address is 2205 E. McMillan, Meridian, Idaho 83642, the party owning said "Property" being developed and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "OWNERfDEVELOPER": means and refers to Capital Development, Inc., whose address is 6200 Meeker Place, Boise, Idaho 83713, the party developing and owning said "Property" being developed and shall include any subsequent owner(s)/developer(s) of the "Property". 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and DEVELOPMENT AGREEMENT (AZ-03-035) PAGE 3 OF 24 zoned R-8 attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (D) which are herein specified as follows: Construction and development of a residential subdivision with 266 building lots and 34 common lots in a proposed R-8 zone. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner" and "Owner/Developer" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City's" approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Owner" and "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Department as follows: 1. Existing Wells & Septic: Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. The subject property lies within Meridian's Urban Services Planning Area. 3. The Public Works Department has determined that an additional water supply well is needed in this vicinity. The developer shall negotiate with the City of DEVELOPMENT AGREEMENT (AZ-03-035) PAGE 4 OF 24 } Meridian for the acquisition of a parcel for a new municipal well within this site. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits). whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), iffunds are available. OR Dedicate 38-feet of right-of-way from the centerline of McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 2. Construct a 10-foot asphalt pathway on McMillan Road in lieu of constructing a 5- foot concrete sidewalk if the pathway is maintained by the homeowners Association. Construct the pathway to be located a minimum of 41-feet from the centerline of McMillan Road. OR Construct a 5-foot concrete sidewalk on McMillan Road located a minimum of 41- feet from the centerline of McMillan Road. lithe sidewalk should meander outside of the right-of-way, the applicant should provide the District with an easement for the sidewalk. 3. The applicant shall do one ofthe following: DEVELOPMENT AGREEMENT (AZ-03-035) PAGE 5 OF 24 a. Dedicate by donation a total of 35-feet of right-of-way along Locust Grove Road. and construct a minimmn 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of- way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way. but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge ofthe existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 4. Construct a main entrance (North Schumann Avenue) to intersect McMillan Road approximately 1,OOO-feet west of the east property line and align with Schumann Avenue. as proposed. 5. Construct a main entrance (East Trinity Springs Drive) to intersect Locust Grove Road approximately 515-feet north ofthe south property line. as proposed. 6. Construct a stub street (East Trinity Springs Street) to the east property line approximately 400-feet north of the south property line. as proposed. Install a sign at the terminus ofthe stub street stating that. llTHIS ROAD WILL BE EXTENDED IN THE FUTUREn. 7. Construct a stub street to the 6.64-acre site that is located directly to the east at this time with the ability for the site specific requirement to be removed in the future. IF: The 6.64-acre site to the east submits a development application before this phase of Settlement Bridge Subdivision is fmal platted AND The 6.64-acre site has connectivity and access as required by District policy. 8. Construct North Schumann Avenue (from McMillan Road to North Trail Blazer Drive) and East Trinity Springs Drive (from Locust Grove Road to 240-feet east of North Bach Way) as a 36-foot street section with vertical curb, gutter and 5- foot concrete sidewalks on both sides of the roadway within 50-feet oftight-of- way. DEVELOPMENT AGREEMENT (AZ-03-035) PAGE 6 OF 24 9. Construct North Sharp Shooter Court, East Territory Court and North Stampede Place as a 29-foot street section within 42-feet of right-of-way, as proposed. Adequately sign the roadway to prohibit parking on one side. Submit a copy of the signage plan to District staff for review and approval. 10. Construct East Red Rock Court (east of East Sidewinder Drive), NorthPathtinder Place (north of East Red Rock Drive), North Aberdeen Place (south of North Trail Blazer Drive), North Mendelson Avenue (north of North Trail Blazer Drive), Mountain Man Way, the cul-de-sac on Trinity Springs Drive between Schubert Avenue and Expedition Way, North Schubert Avenue (north and south of East Trinity Springs Drive), East Swift Water Street (bet\.veen North Schubert Avenue and North Mountain Man Way), East Swift Water Street (east of Schumann Avenue) and North Pier Place as 33-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks on both sides of the roadway within 50- feet of right-of-way, as proposed. 11. Construct the remaining internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet of right-of-way, as proposed. 12. Construct seven cul-de-sac turnarounds with islands within the turnarounds, as proposed. Provide a minimum turning radius of 45-feet in each turnaround. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. Construct the islands/medians to be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. 13. Construct an approved turnaround at the terminus of North Sharp Shooter Court OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian. 14. Construct an approved turnaround at the terminus of East Territory Street OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian. 15. Construct an approved turnaround at the terminus of East Swift Water Drive OR DEVELOPMENT AGREEMENT (AZ-03-035) PAGE 7 OF 24 ~\ Construct these proposed roadways as private streets or common driveways with the review and approval ofthe City of Meridian 16. Construct the island/median within North Schumann Avenue to match the island on the north side of McMillan at the intersection of North Schumann Avenue and McMillan Road, (The island should be approximately lO-feet in width at the throat of the street and can enlarge as they enter the subdivision). 17. Construct the island/median within East Trinity Springs Drive to be a maximum width of IO-feet at the intersection of Locust Grove Road. (The island should be approximately IO-feet in width at the throat of the street and can enlarge as they enter the subdivision). 18, Any proposed landscape islands/medians within the public right-of-way dedicated by this plat are required to be owned and maintained by a homeowners association. Construct the islands/medians to be a minimum of 4-feet wide to total a minimum of a lOO-square foot area. 19. Construct a left-turn lane on McMillan Road at the intersection ofShumann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design of the taper with District staff. 20. Construct a left-turn bay on Schumann Avenue at the intersection of Shumann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design of the taper with District staff. 21. Other than the access points that have specifically been approved with this application, direct lot access to McMillan Road and Locust Grove Road is prohibited. Notes of this access restriction will be required to be noted on the final plat. 22. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. DEVELOPMENT AGREEMENT (AZ-03-03S) PAGE 8 OF 24 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road hnpact Fee Ordinance. 9. It is the responsibility ofthe 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 ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. DEVELOPMENT AGREEMENT (AZ-03-035) PAGE 9 OF 24 11. Any change by the applicant in the planned use of the property which is the subject ofthis application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use ofthe subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: 1. That a fire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All entrances and internal roads shall have a turning radius of 28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. No vertical obstructions or mature landscaping which obstructions the outlets ofthe fire hydrant within 10'. 8. All fire lanes shall have a clear driving surface which is 20' wide available at all times. 9. The Meridian Fire Department would like to request that N. Pier PI. be connected to E. McMillan Rd. Streets longer that 750' require special approval according to the 2000 International Fire Code Appendix D. The Meridian Fire Department would accept an emergency access on the north end ofN. Pier Place where the access for the sewer easement will be built. Barricades at this access will need to be approved by Meridian Fire Department and the Meridian Public Works Department. DEVELOPMENT AGREEMENT (AZ-03-035) PAGE 10 OF 24 10. The following areas shall have red curbs Block 4 Lots 12, 13, 14, 15,35,36,37,38, 39,40, Block 5 Lot 16, 17, 18, 19,20,21, Block 6 4,5,6, 7, 8, Block 1, Lot 30 thru 36, Block 6 Lots 46 thru 50, 39 thru 43. 11. Reconunend connecting Territory & Stampeded to prevent blocking of the roadway due to limited parking. 12. Parking shall be limited to one side on all 29' wide street sections. D. Adopt the Reconunendations/Conunents of Joint School District No.2 as follows: 1. The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Settlement Subdivision will have a significant impact on school enrollments at Discovery Elementary, Lowell Scott Middle, and Eagle High School. 3. We can predict that these homes, when completed, will house eight-five (85) elementary aged children, sixty-five (65) middle school aged children, and forty-seven (47) senior high aged students. Additional students will further compound the current overcrowded situation. 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. E. Adopt the Reconunendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. DEVELOPMENT AGREEMENT (AZ-03-035) PAGE 11 OF 24 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design ofthe subject project shall obtain current best management practices for stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of Settlers' Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the North Slough (Settlers Canal). 2. A Land Use Change Application must be on :file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.LD. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above- mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. 7. According to the plans there is a pedestrian pathway located next to the Settlers Canal. The canal in this area is extremely dangerous, especially to children, because of high water velocity, and flows. SID does not recommend placing this pathway next to the canal for safety reasons. However, if the pathway must be placed within SID's easements the district will require a license agreement from the developer and/or whoever shall have ownership of the pathway. The agreement will address liability issues, as well as the operation and maintenance of the canal system. DEVELOPMENT AGREEMENT (AZ-03-035) PAGE 12 OF 24 G. Adopt the Recommendations ofthe Meridian Parks Department as follows: 1. Construct pathway (Meridian Loop) according to current published pathway standards. H. Adopt the action ofthe City Council taken at their March 9,2004 meeting as follows: For Clarification: 1. Pertaining to the waste ditch, this ditch shall be leveled with a slight elevation for the future subdivision lots within the Settlement Bridge Subdivision so that the neighboring property's water will not flow onto the lots within the subdivision. Additionally, a fence shall be required along the property line, and the type of said fencing shall be approved by the Planning and Zoning Department prior to construction. 2. Adequate water supply to meet the fire protection requirements must be constructed, installed and operational prior to signature on the final plat, unless a non-build agreement is executed and recorded prior to signature on the final plat. The non- build agreement will not be released until all facilities required meet the fire protection requirements and are operational. 3. The City Council approved at its March 9, 2004 meeting to proceed with a new well site or provide other means to increase water supply since currently there is not an adequate water supply available for the proposed project. It is understood that for the City to provide a new well site it will take an undetermined amount oftime for the City to develop a well site, including all the necessary testing and requirements pursuant to the Idaho Department of Water Resources. Additionally, the additional water supply would need to be in place before any development could occur. 4. The Public Works Department provided two alternatives for supplying water to the proposed project, and said options are noted as follows: 1. Construction of an additional well in the high-pressure zone. 2. Routing water supply from the low-pressure zone to the high-pressure zone by pipeline and pressure-reducing valve station(s). The City would maintain control of the design, plans, and construction of the improvements. If other projects in the high-pressure zone north of DEVELOPMENT AGREEMENT (AZ-03-035) PAGE 13 OF 24 Ustick Road benefit from this method and if Capital Development reimburses the City for this expense, it is recommended that Capital Development be eligible for a latecomers agreement. Public Works shall determine which improvements shall be made. Any required reimbursement must be paid prior to signature on the final plat. 5. Comply with all the conditions, including any Special Conditions, in the corresponding applications which are the Preliminary Plat, Case No. PP- 03-041 and Conditional Use Permit, Case No. CUP-03-065. 7. COMPLIANCE PERIODI CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner" and "OwnerlDeveloper" or "Owner's" and "Owner/Developer's" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development" of subject "Property" of this agreement within hvo years ofthe date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.e. 9 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner" and "OwnerlDeveloper" consent upon default to the de- annexation and/or a reversal ofthe zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and "Owner/Developer" and if the "Owner" and "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner" and "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances ofthe "City" that apply to said Development. 10. DEFAULT: DEVELOPMENT AGREEMENT (AZ-03-035) PAGE 14 OF 24 10.1 In the event "Owner" and "OwnerlDeveloper" or "Owner's" and "OwnerIDeveloper's" heirs, successors, assigns, or subsequent owners ofthe "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner" and "OwnerIDeveloper" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum ofthis Agreement or this Agreement, including all of the Exhibits, at "Owner's" and "OwnerIDeveloper's" cost, and submit proof of such recording to "Owner" and "OwnerJDeveloper", prior to the third reading of the Meridian Zoning Ordinance in connection with the aooexation and zoning of the "Property" by the City CounciL If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner" and "OwnerlDeveloper", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" and "OwnerlDeveloper" shall have thirty (30) days after delivery of notice of said breach to correct the DEVELOPMENT AGREEMENT (AZ-03-035) PAGE 15 OF 24 same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner" and "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount oftline of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code S 12-5-3, to insure that installation of the improvements, which the "Owner" and "OwnerlDeveloper" agrees to provide, if required by the "City". l5. CERTIFICATE OF OCCUPANCY: The "Owner" and "OwnerlDeveloper" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" and "Owner/Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner" and "OwnerlDeveloper" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. DEVELOPMENT AGREEMENT (AZ-03-035) PAGE 16 OF 24 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER: c/o City Engineer City of Meridian 660 E. Watertower Lane Meridian, ID 83642 John and Jeanne D. Tolk, Co-Trustees of The John and Jeanne Tolk Trust 2205 E. McMillan Meridian, Idaho 83642 with copy to: OWNERlDEVELOPER: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Capital Development, Inc. 6200 Meeker Place Boise, Idaho 83713 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as detennined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture ofthis Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly ofthe essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. DEVELOPMENT AGREEMENT (AZ-03-035) PAGE 17 OF 24 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit ofthe parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner" and "OwnerlDeveloper" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Owner" and "OwnerlDeveloper", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" and "OwnerlDeveloper" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "OwnerlDeveloper" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and "OwnerlDeveloper" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject ..Property" herein provided for can be modified or amended without the approval ofthe City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning ofthe "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-03-035) PAGE 18 OF 24 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER: JOHN AND JEANNE D. TOLK, CO- TRUSTEES FOR THE JOHN AND JEANNE TOLK TRUST, UITIA dated January 7,1993: , Co-Trustee o Ytv~ l/ BY: Jeanne D. Talk, Co-Trustee () 1/ />.../ <(~ ~Gl/!J G "'-_ OWNER/DEVELOPER (CAPITAL DEVELOPMENT, INC.): Attest: BY~bUll Ly-zri-{J L \ . ~ By:\)Q)~ ~- ~~ o DEVELOPMENT AGREEMENT (AZ-03-035) PAGE 19 OF 24 CITY OF MERIDIAN STATE OF IDAHO ) : ss COUNTY OF ADA ) (SEAL) . 1f-., ~ On this /'.3- day of ~ ' in the year 200t before me, a Notary Public, personally appeared ORN TOLK and JEANNE D. TOLK, known or identified to me to be the persons whose names are subscribed to the within instrument as the co-trustees of the JOHN AND JEANNE TOLK TRUST, UITIA dated January 7, 1993, and aclmowledged to me that they executed the same as such co- lmstees of the JOHN AND JEANNE TOLK TRA: da2n~~, Notary Public f9r Idaho I J J Residing at: ~Lf.I ~tJ Commission expires: &'(:1.-';;/0 q TAINA NISHITANI NOTARY PUBLIC STATE OF IDAHO DEVELOPMENT AGREEMENT (AZ-03-035) PAGE 20 OF 24 STATEOFIDAHO ) :ss COUNTY OF ADA ) On this /? before me, a tJ ()~t1 So. known or i entifi d to (/tel!' nt:SloeA.rr of CAPITAL DEVELOPMENT, INC., and the persons who executed the instrument and acknowledged to me that they having executed the same on behalf of said limited liability corporation. (SEAL) TRINA NISHITANI NOTARY PUBLIC STATE OF IDAHO /;~;L L Notary Public Wr ~d~o 1 A ~.. Residing at: ~u.I ~ Commission expires: (,/2- f/09 ST ATE OF IDAHO ) :ss County of Ada ) On this r fYk.- day of /Vla~ ' in the year 2004, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, ofthe City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) Not Pu lie for Idaho Res din at: JiJtrll/a.~ Co . ssion expires: 01!L() /1) 7 / DEVELOPMENT AGREEMENT (AZ-03-035) PAGE 21 OF 24 EXHIBIT A Lef!al Description Of Property A parcel of land located in the NW ~ of Section 32, TAN., R.IB., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section comer common to Sections 29, 30, 31 and 32 of said T. 4N., R.IE.; Thence South 89012'09" East, 2653.10 feet (formerly described as 2653.12 feet) on the section line common to said Sections 29 and 32 to the Y-t section comer common to said Sections 29 and 32, said point being the REAL POINT OF BEGINNING; Thence South 00033'24" West, 1321.93 feet on the north-south mid-section line of said Section 32 to a found 5/8" rebar marking the center-north 1I16th section comer of said Section 32; Thence North 89022'20" West, 2653.10 feet (formerly described as 2653.11 feet) to a found 5/8" rebar marking the north 1I16th section comer common to said Sections 31 and 32; Thence North 00033'27" East, 664.89 feet on the section line common to said Sections 31 and 32; Thence leaving said section line South 89017'15" East, 48.00 feet; Thence North 00033'21" East, 180.50 feet; Thence South 89017' 15" East, 845.15 feet; DEVELOPMENT AGREEMENT (AZ-03-035) PAGE 22 OF 24 Thence North 00033'07" East, 483.07 feet to a point on the section line common to said Sections 29 and 32; Thence South 89012'09" East, 1759.99 feet (formerly described as 1760.00 feet) on the section line common to said Sections 29 and 32 to the real point of beginning. Said parcel contains 70.64 acres more or less. DEVELOPMENT AGREEMENT (AZ-03-035) PAGE 23 OF 24 EXHIBIT B Findines of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-03-035) PAGE 24 OF 24 BEFORE THE MERIDIA1~ CITY COUNCIL C/C 02/24/04 C/C 03/09/04 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 70.64 ACRES ) FOR PROPOSED SETTLEMENT ) BRIDGE FROM RUT TO R-8, ) LOCATED ON THE EAST SIDE OF ) LOCUST GROVE, AND ON THE ) SOUTH SIDE OF McMILLAN ) ROAD, IN SECTION 32, ) TOWNSHIP 4 NORTH, RANGE 1 ) EAST, MERIDIAN, IDAHO ) ) ) ) ) Case No. AZ-03-035 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING CAPITAL DEVELOPMENT, APPLICANT The above entitled annexation and zoning application having come on for public hearing on February 24, 2004 and continued until March 9, 2004, at the hour of 7:00 p.m., and Anna Powell Planning Director for the PlalIDing and Zoning Department, Brad Watson of the Public Works Department, Dave Yorgason, and Gerald Clark, 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 FINDJNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDNISION (AZ-03-035) PAGE 1 OF 30 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code SS 67-6509 and 67-6511, and Meridian City Code SS 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, 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. 3. The property which is the subject of the application for annexation and zoning is described in the application, is approximately 70. 64 acres in size and is located on the east side of Locust Grove Road, and on the south side of McMillan Road, in Section 32, Township 4 North, Range 1 East, Meridian, Idaho, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 4. The owners of record of the subject property are The John and Jeanne Tolk Trust, and they have submitted notarized consent for the subject application, and Capital Development, Inc. Applicant is Capital Development, Inc. 5. The property is presently zoned RUT (Ada County), and is currently vacant. 6. The Applicant requests the property be zoned as R-8 (Medium Density Residential). 7. The subject property is bordered to the north by Idaho Power Substation; currently zoned RUT (Ada County)/Edinburgh Place Subdivision (across McMillan Road), zoned R-4 (Ada County); to the south by Heritage Subdivision, zoned Rl (Ada County), to the east by Rural FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDNISION (AZ-03-035) PAGE 2 OF 30 Residential! Agricultural, zoned RUT (Ada County), and to the west by Havasu Creek Subdivision, zoned R-4. 8. The Applicant proposes to develop the subject property in the following manner: A residential subdivision with 266 buildable lots and 34 common lots. 9. The Applicant requests zoning of the subject real property as R-8, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Medium Density Residential. 10. The North Slough bisects the subject property and is a feature that will need to be protected. 11. The City Council recognizes the letter of concern from Darrell W. Brock dated February 3, 2004. 12. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public ifthe following conditions of development are imposed: A. Adopt the Comments and Recommendations ofthe Meridian Planning & Zoning Department as follows: 1. Existing Wells & Septic: Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7 -517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. 2. Development Agreement: A Development Agreement (DA) shall be entered into between the City of Meridian and the Applicant as part of the Annexation/Zoning application. The DA shall outline any special conditions placed upon the Preliminary Plat FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDNISION (AZ-03-035) PAGE 3 OF 30 and Conditional Use applications. 3. The subject property lies within Meridian's Urban Services Planning Area. 4. The Public Works Department has determined that an additional water supply well is needed in this vicinity. The developer shall negotiate with the City of Meridian for the acquisition of a parcel for a new municipal well within this site. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48- feet of right-of-way from the centerline of McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), iffunds are available. OR Dedicate 38-feet ofright-of-way from the centerline of McMillan Road abutting the par- cel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. 2. Construct a 10-foot asphalt pathway on McMillan Road in lieu of constructing a 5-foot concrete sidewalk if the pathway is maintained by the homeowners Association. Construct the pathway to be located a minimum of 41-feet from the centerline of McMillan Road. OR Construct a 5- foot concrete sidewalk on McMillan Road located a minimum of 41-feet from FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 4 OF 30 the centerline of McMillan Road. If the sidewalk should meander outside of the right-of- way, the applicant should provide the District with an easement for the sidewalk. 3. The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet of right-of-way along Locust Grove Road, and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline ofthe right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly acconunodate existing drainage and utilities. 4. Construct a main entrance (North Schumann Avenue) to intersect McMillan Road approximately 1,OOO-feet west of the east property line and align with Schumann Avenue, as proposed. 5. Construct a main entrance (East Trinity Springs Drive) to intersect Locust Grove Road approximately 515-feet north of the south property line, as proposed. 6. Construct a stub street (East Trinity Springs Street) to the east property line approximately 400-feet north of the south property line, as proposed. Install a sign at the terminus of the stub street stating that, llTHIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Construct a stub street to the 6.64-acre site that is located directly to the east at this time with the ability for the site specific requirement to be removed in the future, IF: The 6.64-acre site to the east submits a development application before this phase of Settlement Bridge Subdivision is final platted AND The 6.64-acre site has cOlUlectivity and access as required by District policy. 8. Construct North Schumarm Avenue (from McMillan Road to North Trail Blazer Drive) and East Trinity Springs Drive (from Locust Grove Road to 240-feet east of North Bach Way) as a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalks on both sides ofthe roadway within 50-feet ofright~of-way. FINDlliGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 5 OF 30 9. Construct North Sharp Shooter Court, East Territory Court and North Stampede Place as a 29-foot street section within 42-feet of right-of-way, as proposed. Adequately sign the roadway to prohibit parking on one side. Submit a copy of the signage plan to District staff for review and approval. 10. Construct East Red Rock Court (east of East Sidewinder Drive), North Pathfinder Place (north of East Red Rock Drive), North Aberdeen Place (south of North Trail Blazer Drive), North Mendelson Avenue (north of North Trail Blazer Drive), Mountain Man vVay, the cul-de-sac on Trinity Springs Drive between Schubert Avenue and Expedition Way, North Schubert Avenue (north and south of East Trinity Springs Drive), East Swift Water Street (between North Schubert Avenue and North Mountain Man Way), East Swift Water Street (east of Schumann Avenue) and North Pier Place as 33-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks on both sides of the roadway within 50-feet of right-of-way, as proposed. 11. Construct the remaining internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet of right-of-way, as proposed. 12. Construct seven cul-de-sac turnarounds with islands within the turnarounds, as proposed. Provide a minimum turning radius of 45-feet in each turnaround. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. Construct the islands/medians to be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. 13. Construct an approved turnaround at the terminus of North Sharp Shooter Court OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian. 14. Construct an approved turnaround at the terminus of East Territory Street OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian. 15. Construct an approved turnaround at the terminus of East Swift Water Drive OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian 16. Construct the island/median within North Schumann Avenue to match the island on the north side of McMillan at the intersection of North Schumann Avenue and McMillan FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDMSION (AZ~03-035) PAGE 6 OF 30 Road. (The island should be approximately IO-feet in width at the throat of the street and can enlarge as they enter the subdivision). 17. Construct the island/median within East Trinity Springs Drive to be a maximum width of IO-feet at the intersection of Locust Grove Road. (The island should be approximately la-feet in width at the throat of the street and can enlarge as they enter the subdivision). 18. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat are required to be owned and maintained by a homeowners association. Construct the islands/medians to be a minimum of 4- feet wide to total a minimum of a 100-square foot area. 19. Construct a left-turn lane on McMillan Road at the intersection ofShumann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design of the taper with District staff. 20. Construct a left-tum bay on Schumann Avenue at the intersection of Shumann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design of the taper with District staff. 21. Other than the access points that have specifically been approved with this application, direct lot access to McMillan Road and Locust Grove Road is prohibited. Notes ofthis access restriction will be required to be noted on the final plat. 22. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing inigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be bome by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction ofthe 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDNISION (AZ-03-035) PAGE 7 OF 30 ( 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (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 constmction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: 1. That a fire-flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of350' apart. 2. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 8 OF 30 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All entrances and internal roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and temporary or pelmanent street signs are required before combustible construction begins. 7. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. 8. All fire lanes shall have a clear driving surface which is 20' wide available at all times. 9. The Meridian Fire Department would like to request that N. Pier PI. be connected to E. McMillan Rd. Streets longer that 750' require special approval according to the 2000 International Fire Code Appendix D. The Meridian Fire Department would accept an emergency access on the north end ofN. Pier Place where the access for the sewer easement will be built. Barricades at this access will need to be approved by Meridian Fire Department and the Meridian Public Works Department. 10. The following areas shall have red curbs Block 4 Lots 12, 13, 14, 15,35,36,37,38,39,40, Block 5 Lot 16, 17, 18, 19,20,21, Block 6 4,5,6,7,8, Block 1, Lot 30 1:hru 36, Block 6 Lots 46 thru 50,39 thru 43. 11. Recommend connecting Territory & Stampeded to prevent blocking of the roadway due to limi ted parking. 12, Parking shall be limited to one side on all 29' wide street sections. D. Adopt the Recommendations/Comments of Joint School District No.2 as follows: 1. The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Settlement Subdivision will have a significant impact on school emollments at Discovery Elementary, Lowell Scott Middle, and Eagle High School. 3. We can predict that these homes, when completed, will house eight-five (85) elementary aged children, sixty-five (65) middle school aged children, and forty-seven (47) senior high aged students. Additional students will further compound the current overcrowded situation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDNISION (AZ-03-035) PAGE 9 OF 30 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of Settlers' Irrigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the North Slough (Settlers Canal). 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.LD. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre- construction meeting. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 10 OF 30 7. According to the plans there is a pedestrian pathway located next to the Settlers Canal. The canal in this area is extremely dangerous, especially to children, because of high water velocity, and flows. SID does not recommend placing this pathway next to the canal for safety reasons. However, if the pathway must be placed within SID's easements the district will require a license agreement from the developer and/or whoever shall have ownership ofthe pathway. The agreement will address liability issues, as well as the operation and maintenance of the canal system. G. Adopt the Recommendations of the Meridian Parks Department as follows: 1. ConstlUct pathway (Meridian Loop) according to current published pathway standards. H. Adopt the action ofthe City Council taken at their March 9,2004 meeting as follows: For Clarification: 1. Pertaining to the waste ditch, this ditch shall be leveled with a slight elevation for the future subdivision lots within the Settlement Bridge Subdivision so that the neighboring property's water will not flow onto the lots within the subdivision. Additionally, a fence shall be required along the property line, and the type of said fencing shall be approved by the Planning and Zoning Department prior to construction. 2. Adequate water supply to meet the fire protection requirements must be constructed, installed and operational prior to signature on the final plat, unless a non-build agreement is executed and recorded prior to signature on the final plat. The non-build agreement will not be released until all facilities required meet the fire protection requirements and are operational. 3. The City Council approved at its March 9, 2004 meeting to proceed with a new well site or provide other means to increase water supply since currently there is not an adequate water supply available for the proposed project. It is understood that for the City to provide a new well site it will take an undetermined amount of time for the City to develop a well site, including all the necessary testing and requirements pursuant to the Idaho Department of Water Resources. Additionally, the additional water supply would need to be in place before any development could occur. 4. The Public Works Department provided two alternatives for supplying water to the proposed project, and said options are noted as follows: 1. Constmction of an additional well in the high-pressure zone. 2. Routing water supply from the low-pressure zone to the high-pressure zone by FllIDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDMSION (AZ-03-035) PAGE 11 OF 30 pipeline and pressure-reducing valve station(s). The City would maintain control of the design, plans, and construction of the improvements. If other projects in the high-pressure zone north of Us tick Road benefit from this method and if Capital Development reimburses the City for this expense, it is recommended that Capital Development be eligible for a latecomers agreement. Public Works shall determine which improvements shall be made. Any required reimbursement must be paid prior to signature on the final plat. 13. In Chapter VII of the Comprehensive Plan <<medium density" is defined as areas including single-family homes at densities of three to eight dwelling units per acre. It is found that the requested zoning designation, R-8, is hmmonious with and in accordance with the 2002 Comprehensive Plan and the Future Land Use Map, which designates the land to be "Medium Density Residential". 14. Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat proposing single-family lots on the subject site (Settlement Bridge Subdivision, PP- 03-041). It is not anticipated that the applicant intends to rezone the subject property in the future. 15. It is found that the proposed single-family development would be allowed wi thin the requested R-8 zone, as it is accompanied with a Conditional Use Permit for a Planned Development. 16. It is found that the land to the north, south, and west have been developed in a manner similar to the proposed subdivision, with single-family dwelling units. Edinburgh Place Subdivision #1 to the north has a gross density of 3.1 dwelling units per acre. Heritage Subdivision to the south has a density of approximately 1 dwelling unit per acre. Havasu Creek Subdivision to the west has a gross density of 3.5 dwelling units per acre. However, there have been no recent street improvements in the area. This section of McMillan Road is in ACHD' s Capital hnprovements Plan FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDNISION (AZ-03-035) PAGE 12 OF 30 (CIP) for road widening in 2015. Locust Grove Road is not currently scheduled within ACHD's Five Year Work Program or Capital Improvements Plan (CIP) for roadway widening. Other urban services, such as sewer and water, are near to this site and the applicant should be able to extend such services to the site. It is also found that the subject site is proposed for development in a fashion similar to other properties in the area. 17. It is found that the proposed R-8 zoning and subsequent residential use proposed with the concurrent preliminary plat match the intended character of the vicinity, as noted on the Future Land Use Map in the Comprehensive Plan. It is also found that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious with, and appropriate in appearance with, the existing and intended character of the surrounding area. The existing character of the area will, and is, currently changing, especially upon build-out ofthe proposed project and other similar subdivisions in the general vicinity. It is found that the proposed zoning/uses will adversely change the essential character ofthe area. 18. Due to other existing and proposed uses near the site, it is not anticipated that the proposed zoning/uses will be hazardous or disturbing to future or existing neighbors in the area. 19. The Meridian Fire Department submitted a list of conditions and needs, and said list is addressed above in 12.C. Water and sanitary sewer service are proposed to be extended from existing main lines adjacent to the proposed development. The Public Works Department has determined that an additional water supply well is needed in this vicinity. Discussions are ongoing with this developer for a site within the subdivision for a new well. The developer has indicated to staff that it may be possible to locate the well within the "Grove" common area. The developer and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING SETTLEMENT BRIDGE SUBDMSION (AZ~03~035) PAGE 13 OF 30 staff from the Public Works Department are continuing to work on the location of the well site. This project went before ACHD' s consent agenda on January 28, 2004, and ACHD, with site-specific and standard conditions, approved the subj ect development. Review of the ACHD report concerning this subdivision will provide further information. 20. The developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police, school facilities and services, and the construction of a new municipal well within the proposed development. It is found that there will not be excessive additional requirements at public cost for public services and facilities and that the annexation and zoning will not be detrimental to the community's economic welfare. 21. According to the Traffic Impact Study (TIS) prepared by Dobie Engineering, Inc., the proposed project is anticipated to generate 2,490 vehicle trips per day. It is recognized that traffic and noise will increase with the approval of this subdivision; however, it is not believed that the amount generated will be detrimental to the general welfare of the public. It is not anticipated that the proposed annexation and subsequent uses will create excessive noise, smoke, fumes, glare or odors. It is found that the proposed residential zoning/uses will not be detrimental to people, property or the general welfare of the area. 22. The applicant is proposing to construct one public street entrance into the site from Locust Grove Road, and one public street entrance into the site from McMillan Road. If the two proposed vehicular approaches are approved by ACHD, it is not believed that the subdivision will create interference with traffic on the surrounding public streets. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDMSION (AZ-03-035) PAGE 14 OF 30 23. It is found that there are some existing trees and other mature landscaping near the existing farm house (near McMillan Road) that should be retained and protected. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance MCC 12- 13-13. There will need to be an adopted plan of how to protect the "grove" trees during demolition of the fann house and new constmction near the grove. There should be tree protection zones established and fenced before demolition begins. The applicant shall work with the City Arborist, Elroy Huff, on designing and implementing a protection plan. If any trees are deemed to be a hazard, diseased or dying by the City Arborist, prior to removal, mitigation will not be required for those trees. It is further recommended that the applicant verify the status of the existing trees prior to submitting final plat and detailing any required mitigation on the detailed landscape plan submitted with the final plat. The applicant is proposing to relocate and leave the North Slough open abutting the site. It is believed that the North Slough is a scenic feature that should be protected. It is found that the proposed annexation and zoning should not result in the loss or damage of any natural or scenic features, as long as the majority of the grove area is adequately protected and the North Slough is relocated in a manner that does not negatively impact its beauty. There is no awareness of any natural or scenic feature( s) that would be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed with residential uses. 24. It is found that the annexation and zoning of this property to R-8 would be in the best interest of the City. 25. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 12, and all sub-parts, the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 15 OF 30 economic welfare of the City and its residents and tax and rate payers will be protected, a condition of aru1exation and zoning designation. 26. It is also found that the development considerations as referenced in Finding No. 12 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses win not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 27. Currently, there is an inadequate water supply for the proposed project. 28. A well site in Westborough Subdivision, )4-mile south of Chinden on the west side of Locust Grove has been secured, and development of the well has begun. If the well proves acceptable, both as to quality and quantity of water, the well will satisfY the water demands for this project. 29. The Public Works Department provided two alternatives for supplying water to the proposed project, and said options are noted as follows: 1. Construction of an additional well in the high-pressure zone. 2. Routing water supply from the low-pressure zone to the high-pressure zone by pipeline and pressure-reducing valve station(s). The City would maintain control of the design, plans, and construction of the improvements. If other projects in the high-pressure zone north of Us tick Road benefit from this method and if Capital Development reimburses the City for this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ~03-035) PAGE 16 OF 30 expense, it is recommended that Capital Development be eligible for a latecomers agreement. Public Works shall determine which improvements shall be made. Any required reimbursement must be paid prior to signature on the final plat. 30. The developer has agreed to reimburse the City for the cost of option #2 hereinabove, if this option is selected by the City. 31. hnposing a non-build agreement upon the development will provide the security to the City until such time as the water is available, and the non-build agreement will not be released until all facilities required meet the fire protection requirements and are operational. CONCLUSIONS OF LAW L The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code S 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The 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 Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDMSlON (AZ-03-035) PAGE 17 OF 30 Chapter VI, Goal III, Objective A, Action 3; and Chapter VII; Goal V, Objective A, Action 4. 5. The zoning of (R -8) Medium Density Residential is defined in the Zoning Ordinance at S 11-7-2 D as follows: &-8) Medium Density Residential District: The purpose ofthe R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan ofthe City and is also designed to permit the conversion of large homes into tow-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation ofland. See Burt vs. The City ofIdaho Falls; 105 Idaho 65; 665 P2d 1075 (1983). 7. The development of the annexed land, if armexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which peltams to pressurized irrigation systems; and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. 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: FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDMSION (AZ-03-035) PAGE 18 OF 30 1. The applicant's request for annexation and zoning of approximately 70.64 acres to Medium Density Residential (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of70.64 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to meet the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de-annexation, with the City of Melidian, which provides for the following conditions of development, to-wit: A. Adopt the Comments and Recommendations of the Meridian Planning & Zoning Depmtment as follows: 1. Existing Wells & Septic: Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. 2. Development Agreement: A Development Agreement (DA) shall be entered into between the City of Meridian and the Applicant as part of the Annexation/Zoning application. The DA shall outline any special conditions placed upon the Preliminary Plat and Conditional Use applications. 3. The subject property lies within Meridian's Urban Services Planning Area. 4. The Public Works Department has determined that an additional water supply well is needed in this vicinity. The developer shall negotiate with the City of Meridian for the acquisition of a parcel for a new municipal well within this site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDMSION (AZ-03-035) PAGE 19 OF 30 B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), if funds are available. OR Dedicate 38-feet of right-of-way from the centerline of McMillan Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #198), iffunds are available. 2. Construct a 10- foot asphalt pathway on McMillan Road in lieu of constructing a 5- foot concrete sidewalk if the pathway is maintained by the homeowners Association. Construct the pathway to be located a minimum of 41- feet from the centerline of McMillan Road. OR Construct a 5-foot concrete sidewalk on McMillan Road located a minimum of 41-feet from the centerline of McMillan Road. If the sidewalk should meander outside of the right-of-way, the applicant should provide the District with an easement for the sidewalk. 3. The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet of right-of-way along Locust Grove Road, and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a minimum of2S-feet from the centerline'ofthe right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING SETTLEMENT BRIDGE SUBDNISION (AZ-03-035) PAGE 20 OF 30 sidewalk along Locust Grove Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimmn 5-foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 4. Construct a main entrance (North Schumann Avenue) to intersect McMillan Road approximately 1,000-feet west of the east property line and align with Schumarm Avenue, as proposed. 5. Construct a main entrance (East Trinity Springs Drive) to intersect Locust Grove Road approximately 515-feet north of the south property line, as proposed. 6. Construct a stub street (East Trinity Springs Street) to the east property line approximately 400- feet north of the south property line, as proposed. Install a sign at the terminus of the stub street stating that, nTHIS ROAD WILL BE EXTENDED IN THE FUTUREtI. 7. Construct a stub street to the 6.64-acre site that is located directly to the east at this time with the ability for the site specific requirement to be removed in the future, IF: The 6.64-acre site to the east submits a development application before this phase of Settlement Bridge Subdivision is final platted AND The 6.64-acre site has connectivity and access as required by District policy. 8. Construct North Schumann Avenue (from McMillan Road to North Trail Blazer Drive) and East Trinity Springs Drive (from Locust Grove Road to 240-feet east of North Bach Way) as a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalks on both sides of the roadway within 50-feet of right-of-way. 9. Construct North Sharp Shooter Court, East Territory Court and North Stampede Place as a 29-foot street section within 42-feet of right-of-way, as proposed. Adequately sign the roadway to prohibit parking on one side. Submit a copy of the signage plan to District staff for review and approval. 10. Construct East Red Rock Court (east of East Sidewinder Drive), North Pathfinder Place (north of East Red Rock Drive), North Aberdeen Place (south of North Trail Blazer Drive), North Mendelson Avenue (north of North Trail Blazer Drive), Mountain Man Way, the cul-de-sac on Trinity Springs Drive between Schubert Avenue and Expedition Way, North Schubert Avenue (north and south of East Trinity Springs Drive), East Swift FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING AJlPLICATION FOR ANNEXA nON AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE210F30 '<. ~ Water Street (between North Schubert Avenue and North Mountain Man Way), East Swift Water Street (east of Schumann Avenue) and North Pier Place as 33-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks on both sides of the roadway within 50-feet of right-of-way, as proposed. 11. Construct the remaining internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet of right-of-way, as proposed. 12. Construct seven cul-de-sac turnarounds with islands within the turnarounds, as proposed. Provide a minimum turning radius of 45-feet in each turnaround. Provide a minimum of a 29-foot street section on either side of any proposed center islands within the turnarounds. Construct the islands/medians to be constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area. 13. Construct an approved turnaround at the terminus of North Sharp Shooter Court OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian. 14. Construct an approved turnaround at the terminus of East Territory Street OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian. 15. Construct an approved turnaround at the terminus of East Swift Water Drive OR Construct these proposed roadways as private streets or common driveways with the review and approval of the City of Meridian 16. Construct the island/median within North Schumann Avenue to match the island on the north side of McMillan at the intersection of North Schumann Avenue and McMillan Road. (The island should be approximately IO-feet in width at the throat ofthe street and can enlarge as they enter the subdivision). 17. Construct the island/median within East Trinity Springs Drive to be a maximum width of IO-feet at the intersection of Locust Grove Road. (The island should be approximately IO-feet in width at the throat of the street and can enlarge as they enter the subdivision). 18. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat are required to be owned and maintained by a homeowners association. Construct the islands/medians to be a minimum of 4- feet wide to total a minimum of a 100-square foot area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDMSION (AZ-03-035) PAGE 22 OF 30 19. Construct a left-turn lane on McMillan Road at the intersection of Shumann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design of the taper with District staff. 20. Construct a left-turn bay on Schumann Avenue at the intersection of Shumann Avenue and McMillan Road, as described in the submitted traffic impact study. Coordinate the design of the taper with District staff. 21. Other than the access points that have specifically been approved with this application, direct lot access to McMillan Road and Locust Grove Road is prohibited. Notes of this access restriction will be required to be noted on the final plat. 22. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing ini.gation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 23 OF 30 8. Payment of applicable road impact fees are required plior 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 light~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 plior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: 1. That a fire- flow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of350' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 5. All entrances and internal roads shall have a turning radius of28' inside and 48' outside. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 7. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 24 OF 30 8. All fire lanes shall have a clear driving surface which is 20' wide available at all times. 9. The Meridian Fire Department would like to request that N. Pier PI. be connected to E. McMillan Rd. Streets longer that 750' require special approval according to the 2000 International Fire Code Appendix D. The Meridian Fire Department would accept an emergency access on the north end ofN. Pier Place where the access for the sewer easement will be built. Barricades at this access will need to be approved by Meridian Fire Department and the Meridian Public Works Department. 10. The following areas shall have red curbs Block 4 Lots 12, 13, 14, 15,35,36,37,38,39,40, Block 5 Lot 16, 17, 18, 19,20,21, Block 6 4,5,6, 7, 8, Block 1, Lot 30 thru 36, Block 6 Lots 46 thru 50, 39 thru 43. 11. Recommend connecting Territory & Stampeded to prevent blocking of the roadway due to limited parking. 12. Parking shall be limited to one side on all 29' wide street sections. D. Adopt the Recommendations/Comments of Joint School District No.2 as follows: 1. The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. 2. Approval of Settlement Subdivision will have a significant impact on school enrollments at Discovery Elementary, Lowell Scott Middle, and Eagle High School. 3. We can predict that these homes, when completed, will house eight-five (85) elementary aged children, sixty-five (65) middle school aged children, and forty-seven (47) senior high aged students. Additional students will further compound the current overcrowded situation. 4. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. E. Adopt the Recommendations of the Central District Health Department as follows: 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTIN"G APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035)u PAGE 25 OF 30 " , 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3, Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of Settlers' Inigation District as follows: 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the North Slough (Settlers Canal). 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.LD. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre- construction meeting. 7. According to the plans there is a pedestrian pathway located next to the Settlers Canal. The canal in this area is extremely dangerous, especially to children, because of high water velocity, and flows. SID does not recommend placing this pathway next to the canal for safety reasons. However, if the pathway must be placed within SID's easements the district will require a license agreement from the developer and/or whoever shall have ownership of the pathway. The agreement will address liability issues, as well as the operation and maintenance of the canal system. G. Adopt the Recommendations of the Meridian Parks Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 26 OF 30 " , 1. Construct pathway (Meridian Loop) according to current published pathway standards. H. Adopt the action of the City Council taken at their March 9, 2004 meeting as follows: For Clarification: 1. Pertaining to the waste ditch, this ditch shall be leveled with a slight elevation for the future subdivision lots within the Settlement Bridge Subdivision so that the neighboring property's water will not flow onto the lots within the subdivision. Additionally, a fence shall be required along the property line, and the type of said fencing shall be approved by the Planning and Zoning Department prior to construction. 2. Adequate water supply to meet the fire protection requirements must be constructed, installed and operational prior to signature on the final plat, unless a non-build agreement is executed and recorded prior to signature on the final plat. The non-build agreement will not be released until all facilities required meet the fire protection requirements and are operational. 3. The City Council approved at its March 9, 2004 meeting to proceed with a new well site or provide other means to increase water supply since currently there is not an adequate water supply available for the proposed project. It is understood that for the City to provide a new well site it will take an undetermined amount of time for the City to develop a well site, including all the necessary testing and requirements pursuant to the Idaho Department of Water Resources. Additionally, the additional water supply would need to be in place before any development could occur. Public Works shall determine which improvements shall be made. Any required reimbursement must be paid prior to signature on the final plat. 4. The Public Works Department provided two alternatives for supplying water to the proposed project, and said options are noted as follows: 1. Construction of an additional well in the high-pressure zone. 2. Routing water supply from the low-pressure zone to the high-pressure zone by pipeline and pressure-reducing valve station(s). The City would maintain control of the design, plans, and construction of the improvements. If other projects in the high-pressure zone north of Us tick Road . benefit from this method and if Capital Development reimburses the City for this expense, it is recommended that Capital Development be eligible for a latecomers agreement. Public Works shall determine which improvements shall be made. Any required reimbursement must be paid prior to signature on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONJNG SETTLEMENT BRIDGE SUBDIVISION (AZ-03-035) PAGE 27 OF 30 " 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation ofthe real property which is the subject of the application to (R-8) Medium Density Residential District, and Meridian City Code S 11-7-2. 5. Subsequent to the passage ofthe Ordinance provided for in section 4 ofthis Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code S 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. 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 ofthe 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 L.f^- 'U'-- day of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTlNG APPLICA nON FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDNISION (AZ-03~035) PAGE 28 OF 30 1><' I /J;trl Z ,2004. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED$.c COUNCILMAN BILL NARY VOTED ,tf!e.iC COUNCILMAN CHARLIE ROUNTREE VOTED $4.- COUNCILMAN KEITH BIRD VOTED*_ MAYOR TAMMY de WEERD (TIE BREAKER) DATED: 4-6"'-&4- -=--- VOTED MOTION: APPROVED:--A- DISAPPROVED: \,\Maf19~:11 ammy ,\\ f t,," III ..."" ~ 0 nM:,:9;v,,?'I/, ~"'(f::\ . .t,,~A' .''-;'. .;::; ..... ~, " $' . .cQt~O'R-"i h'-" ".",&' '-;. $ '$'~ <-'(; \ '-;-. ~ \ ~ ... ~ SEJ.~L i William G. Berg, Jr., CitY Clerk ... ~ i:~ / :. .. _ .-<.>}..... ~..." ,I "', ' % '0 -o'r 18"1 ,'",- .,i::-' .::-"'::' Copy served upon Applicant, the Plmi oJJJn~~~ent, Public Works Department and th C'ty Att '.JJ. r~. ,\\' e 1 orney. 1"I11trm IIltnt\\ \\' t 1I11 l! 11 tJ I J ~,\\ 0- "It:: 11/,/ !>..............~..J t" ft;~"-i';)J^ I" ~ ....\.. ~ ~ ~ "Uf "'.:. ~ V ~-.:, ~l .~~, $'. C,ORPOttA ," r~" .~~ Dated: 1'-7-&'1- ! ~ "<0\"\ ~ SEliL 1 :: ~ n--:'-- ~ ~ 'Q d::J.J FINDIN'GS OF FACT AND CONCLUSIONS OF LAW % ~ 4s,.. lSi' , '\~ ~Q ,~.- AND DECISION AND ORDER GRANTIN'G APPLICATION ~"'Q Cbt ~~<~~,,<S' FOR ANNEXATION AND ZONING SETTLE!vfENT BRIDGE SUBDIwf?IF.tNTY t ti\"""" (AZ-03-035) '//1 nmH PAGE 29 OF 30 Attest: By:A~.b /Jv,J., 2: City Clerk v .Ii; ~, .. z:\ W ork'u\1'v......leridian\Meridian 15360M\Settlement Bridge Sub AZ-03-035 PP-03.041 CUP-03-065\AZFfCl&Ordedoc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING SETTLEMENT BRIDGE SUBDMSION (AZ-03-035) PAGE 30 OF 30