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HomeMy WebLinkAbout2004-09-28 CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, September 28, 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: () Shaun Wardle L Bill Nary x= Charlie Rountree --X- Keith Bird L Mayor Tammy de Weerd 2. Adoption of the Agenda: ~ VX, 3. Discuss Request from Ashford Greens to Address Maintenance Aareement of Drainaae Ponds: ctt"f" CU.f"f.ul...- 4. Discuss Letter to Ada County Commissioners regarding Park Impact Fees: $}~d./ * 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 - September 21,2004 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 pubJic meeting. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, September 28J 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: o Shaun Wardle X Bill Nary X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda: Approve 3. Discuss Request from Ashford Greens to Address Maintenance A~reement of Draina~e Ponds: Discussed 4. Discuss Letter to Ada County Commissioners regarding Park Impact Fees: Signed * 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 - September 21,2004 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 public meeting. ( October 29, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT November 3, 2004 ITEM NO. 5-B REQUEST Approve Minutes of Septembe 28,2004 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: nrvV Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings sholl become property of the City of Meridian. CITY OF MERIDIAN PRE~COUNCIL MEETING AGENDA Tuesday, September 28,2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: o Shaun Wardle X Bill Nary X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda: Approve 3. Discuss Request from Ashford Greens to Address Maintenance Aareement of Drainaae Ponds: Discussed 4. Discuss letter to Ada County Commissioners regarding Park Impact Fees: Signed 'I< 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 - September 21 , 2004 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. it.....~........... ............;...r_... ..........'"'....._____....~.......~...._ 8...... ...J;1..._ka~:........ ......I_~__........... ....__.~.........._.a.... __.,.J,-... ......._..;-_..... Meridian City Pre-Council MeetinQ September 28. 2004 The Meridian City Pre-Council meeting was called to order at 6:05 P.M. on Tuesday, September 28,2004 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, William Musser, Dean Willis and Will Berg. Item 1. Roll-call Attendance; X Bill Nary o Shaun Wardle X Keith Bird X Charlie Rountree Mayor Tammy de Weerd X Item 2. Adoption of the Agenda: Bird: Mr. President. Nary: Mr. Bird. Bird: I move we adopt the published agenda. 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. 3. Discuss Request from Ashford Greens to Address Maintenance AQreement of Drainaae Ponds: Nary: I think we have a letter from Mr. Nichols on our packet here and I don't know if Mr. Nichols wants to explain a little bit of that on the record first. Nichols: Thank you Mr. President, Mayor and members of the Council. At the meeting two weeks ago, Council asked that I look at the agreements regarding the storm water drainage off the streets in Ashford Greens. Some of which are located on the golf course property and see if we could resolve this issue of who is responsible for the light maintenance of those drainage ponds. Brad Watson furnished to me copies of the easement agreements as well as some photographs as well as some other information that, I believe, the homeowner's association provided to Public Works with regard to drainage areas in question. Meridian City Pre-Council Meeting September 28, 2004 Page 2 of 14 It was my conclusion that under the terms of the easement agreements the homeowner's association has responsibility for light maintenance which is defined in those easements - lees see if I can find one. Light maintenance includes things such as weed control, trash cleanup, slope stability, pond side slope surface and access road grass trimming. It says grass shall be mowed on a regular basis to maintain a neat appearance. It appears to me that those grassy areas are to be maintained by the homeowner's association. The pictures that the homeowner's association provided to us did point out that there are areas where there is standing water and under the terms of these same easement agreements, ACHD has heavy maintenance responsibility and so I would say that that part of it is ACHD's responsibility to make sure there isn't standing water, particularly now that we have heightened concerns over mosquitoes and those sorts of issues. That was my opinion after looking at the documents. I did furnish a copy of the memo late yesterday afternoon to Mr. Brown, who is president of the Ashford Green's Homeowner's Association. So, I apologize for the lateness of getting the memo to you because I know you just got it yesterday as well. Nary: Thank you very much Mr. Nichols_ I don't know, Mr. Watson, if you have anything you wanted to add? Watson: No. Nary: Okay, thank you. Council do you have any questions for Mr. Nichols? Rountree: Mr. President. Nary: Mr. Rountree. Rountree: I have a couple of questions. One with respect with the standing water in the easements. Is that something that the city should notify ACHD about and request that they take remedial action? Is that something that they do as a routine inspection of their drainage facilities? Nichols: Councilman Rountree my recommendation is that you have somebody on the staff work with ACHD to get some sort of a work program scheduled to have those items addressed, whether it's Mr. Watson or someone else. But, if Mr. Enselman had been here from ACHD to hear this part of the presentation I guess we could ask him but he is not here yet, so somebody on staff I think should be able to get something going with him. Canning: Mr. President. Nary: Ms. Canning. Meridian City Pre-Council Meeting September 28, 2004 Page 3 of 14 Canning: Councilman Rountree we are - we do have a joint meeting with ACHD next week and actually drainage ponds is going to be put on that agenda, so that may be a good question to raise - an opportunity to raise that question as well. Nary: Council, would that be something that we want to add then to the agenda for Monday, this particular one? De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: It has already been added. As you can see from the memorandum from Doug Strong, we had wanted to talk about two other drainage ponds that are separate from this, but we will just add it to the discussion to drainage ponds specific to this one as well. Nary: Did you folks have comments? Why don't you come on up. Just state your name for the record. Brown: Tim Brown, president of Ashford Greens Homeowner's Association. How are you guys tonight? As far as a finding then on this issue, is that going to be issued - is this kind of being issued vocally right now or will it be something formal written relating to the response? De Weerd: We will have our city attorney next week draw something up. Nary: It looks like we have something in writing, but yeah, we could certainly do something else. I think after we have had some opportunity to discuss with the commissioners, t guess we could at least issue you a letter that tells you what's going to happen, some timetable (inaudible), who you can contact so that you know that it isn't something that's just getting left behind. Brown: One point of clarification - Nary: You did get a copy of Mr. Nichols' --? Brown: Yeah, I did. At one point of clarification was that the manual for light and heavy maintenance refers to Ashford Greens Association and/or Cherry Lane recreation. The actual easement agreement itself does not distinguish light maintenance, it just says several - in general some activities may be solely the responsibility of the association and does not specifically indicate light maintenance. At some point, is there going to be - is your response going to indicate whether or not light maintenance is the full responsibility of Ashford Greens or whether Cherry Lane Recreation will share in that? Nary: I sure hope so. I don't know. I guess I will have to see. Meridian City Pre-Council Meeting September 28, 2004 Page 4 of 14 Brown: Okay. One other thing that Mr. Nichols indicated was that the grassy areas were - in his review going to be part of this light maintenance and I think that needs to be clarified and I think that needs to be clarified and not left open. By grassy areas, we take that to mean the seepage bed itself and we would continue to argue the point that any access to these beds, which are actually cart accesses for the course, are to be maintained by the course itself and not by our association and we will continue to pursue that, unless it's clarified in this response that the maintenance for those cart passes to be by Cherry Lane Recreation. Jumping ahead a little in the event that we - it sounds like we will be undertaking in the future maintenance of the beds itself. In regard to that maintenance, the light maintenance if an instance occurs, where Cherry Lane Recreation in maintaining those beds, who is the governing authority there? Cherry Lane Recreation or the City of Meridian? If we have a problem with maintenance on those beds coordinating something with Cherry Lane Recreation? Nary: Mr. Nichols you have read the easement. Do you have an answer? Nichols: Thank you Mr. President. Mr. Brown, are you talking about if you need to go on there or if you perceive some issue between you and the lessee, I need a little more clarification - Brown: Hypothetically, light maintenance agreements states that we are responsible for weeding or also making sure the (inaudible) or the sloping of the berms is in a stable condition if we'd undertaken upon ourselves to go in and do something different on the berm. Do we have authority to override anything Cherry Lane Recreation may want to say about that since, in the event that you pin us with all the light maintenance and that falls under light maintenance and at that point do we have sole ownership of the light maintenance, therefore, can we do whatever we feel necessary? Nichols: Mr. President, Mr. Brown. I don't think it means that you can do anything that you want. I think these beds are supposed to be engineered, if I understand things correctly. So, they should have certain slopes, they should have certain characteristics and so I think your obligation to maintain slope stability is if you, for example, see some erosion or something like that you maintain the slope at whatever the engineer angle and so forth is, what the grade is and those kinds of things. That would be my understanding. With regard to maybe a larger issue, although the city owns the ground, Cherry Lane Recreation is the lessee, I believe, of this entire area, and therefore, you need to coordinate your activities with them because they do have property interests as the lessee of that property. So, I don't think that would be - J would hope that wouldn't be too difficult to do and that you would be able to coordinate those things with them. But, to do just do whatever you want to do on there, I would say that's not, but if ( Meridian City Pre-Council Meeting September 28, 2004 Page 5 of 14 what you wanted to do is the way it's engineered, I would say you are well within your rights to do that. Brown: So, we will know within a week when the written response comes out whether or not the light maintenance is part of Ashford Greens or not - our responsibility? Nary: Well, I think the opinion say it is. Nichols: Mr. President. Nary: Mr. Nichols. Nichols: Mr. Brown can you point out to me where in the easement it also refers to the Cherry Lane Recreation? Brown: For instance, go to easement agreement for Phase III behind Hubble's information, which [s under the light and heavy maintenance - my document isn't in order, but on the top of one of my pages, which is not numbered reads this manual outlines the duties to be performed by the homeowner's association and/or Cherry Lane Recreation for the light maintenance of the storm water ponds associated with storm drain structures and access road at Ashford Greens' Subdivisions under five and six as well as the duties to be performed by ACHD for heavy maintenance of the ponds and associated structures. This was attached as part of the maintenance manual for light and heavy maintenance for Ashford Greens five and six. Nichols: Mr. President. Nary: Mr. Nichols. Nichols: Mr. President what I was referring to was not so much the manual part as it was the easement part. If you look, for example, I am looking at Ashford Greens number three, Section 3.2 in the easement - I'll just read it. 3.2 - When by written notice given to grantor and developer, ACHD has accepted the storm water drainage system as constructed and installed by a developer. The homeowner's association will have some maintenance responsibilities to be performed at sole cost and expense and ACHD will have heavy maintenance and repair responsibilities for the system, thereafter at its sole cost and expense. The respective responsibility shall be carried out in accordance of the terms and conditions of the manual for light maintenance and heavy maintenance at storm water infiltration ponds at Ashford Greens Subdivision and so on. So, it appears to me that although the - for example, the maintenance document on number three didn't say at the top and/or Cherry Lane Recreation it just says homeowner's association and the others may incorporate some reference to Cherry Lane Recreation, but in those agreements the language in 3.2 is the Meridian City Pre-Council Meeting September 28, 2004 Page 6 of 14 same and it makes no reference to Cherry Lane Recreation in those portions and so because you stand in the shoes of your developer, rightly or wrongly, I would say that the specific language under 3.2 controls, but again, that is just one lawyer's opinion, but that is the way 1 would read it. Brown: So, you will constitute some maintenance as and interpret that as performing as all light maintenance as outlined in the manual? Nichols: Because it says, for example, under 3 that it is the homeowner's association that does that. And again, just from an equity standpoint, for Cherry Lane to maintain drainage ponds or the city to even - you know, let's say Cherry Lane wasn't there and the city was running the course, the city to maintain those drainage ponds when they benefited the development that went in that you are alluding 1 think is outside the scope of what's equitable, but again, that's just my opinion. Nary: So, does that answer your question? I guess 1 wasn't anticipating that you were going to get a letter that says something different in that. I think what our intent was after next week, is hopefully giving you some contact information, some idea of what our discussion is in relation to the Highway District and what their plan is on whatever heavy maintenance, but what Mr. Nichols' opinion is, is who's responsibility it is is probably not going to change. Brown: So, for the record, then you - as far as heavy and light maintenance, we are not confused on what the responsibilities are of either category there. We just want to make sure that there is something in writing that defines who is responsible for light maintenance and that will be given next week? Nary: I guess -1- talking in a circle? You don't think this does that? This says to me that it's Mr. Nichols' opinion that the Ashford Greens Homeowner's Association is responsible for maintenance of these drainage areas regardless of whether they are in the common lot or on the golf course property and (inaudible) talking about is light maintenance. Brown: It says some maintenance. Nary: Okay. Brown: And so if you are interpreting some maintenance as light maintenance, I would like that clarified. Nary: Didn't he just say that to you a minute ago? Brown: Well, he said that's his opinion. Nary: Right. Meridian City Pre-Council Meeting September 28, 2004 Page 7 of 14 Brown: So, if the city is going to take the stance, I would just like it writing for us an association so for future records and for our sake we have that on file. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I guess I understand the issue because we do ask all homeowner's associations to take care of their own drainage areas and so that's pretty clear on and in answer to the subdivisions question about the light maintenance. They are responsible for the light maintenance, ACHD for the heavy maintenance, but I guess where I think we have an answer at the question is on the areas that they have cart paths. Nary: Right. De Weerd: Because that certainly isn't dealt with in any of our situations with other subdivisions and what we expect of them. Is that still something that you were looking for as well? Because those are two different issues. There is the issue of storm water drainage areas - Brown: Yeah, and that's alii have touched on at this point. De Weerd: _M the other one is not so black and white. Mr. Nichols, I guess, have you had a chance to take a look at that as a separate Issue? Nichols: Madame Mayor, members of the Council just what I have looked at at this meeting tonight, there is apparently some anticipation under these ACHD standards for taking care of access roads. Now if the cart path is also an access road to the drainage area then I think you have got - there needs to be some cooperation there. But, I think that's just simply talking about keeping the grass trimmed and it also says that weed control for the entire area of the pond and access road. So, that appears - I can understand their frustration. If there was an access road to a drainage pond and nobody else was using it, it's easier for them to swallow the maintenance than the access road being the cart path that the course golfers use so to the extent that there needs to be some cooperation between these two entities is what it boils down to there I think. Because I can see both sides of that one. I can see where the golf course could say, look they have got to maintain the access road and the homeowner's association is saying yeah, but you are using it for a cart path. So, there should be some cooperation there on that part of it. Brown: With the exception of one bed in of the six, all of them are accessible from county roads. The one bed that is not, which is off of Silverleaf in our subdivision is accessed through a cart path. The cart path would be there with or Meridian City Pre-Council Meeting September 28, 2004 Page 8 of 14 without the seepage bed, though. That is their only point of access to the course to the rest of - there at the last five holes in the course. So, our argument would be that they would be maintaining that cart path with or without our seepage bed there as an access to it. De Weerd: So, that's the only place you really are taking issue on? Brown: That cart path is a large path. It enters both sides of the road. There is a side on the other side of Silverleaf without a seepage bed, but is in the same condition as the one with the seepage bed. So, my question, I guess at this point is if I have issues with the maintenance of those areas, do I proceed to present them to Cherry Lane Recreation for remedy? Does the city have any say in that as the lessor? Nichols: Mr. President, members of Council the answer is yes and yes. The city does have some say over how the course is maintained and that's been an ongoing issue and discussion between the city and Cherry Lane Recreation. Should you contact them directly first to try and address those issues, the answer is yes. They have given us every indication that they are more than willing to sit down and discuss those things. Where the discussion goes from there, but at least they have indicated their willingness to do those things and they have shown that in the past. Brown: In the event that we can work things out with them by first going to them with our issues and that works that would be great. If, however, they disagree with us at which point do we come back to you? Nichols: I will leave that for the Council to decide. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: It probably would be helpful if you could provide just an area map on where those access roads are and which ones you really have taken issue with so that we can - I have no idea of the areas that you are talking about and maybe then we could share that with Cherry Lane and get a better idea of where they are coming from, what is an ACHD thing and I guess not knowing anything about those areas if you could just highlight those and where they are so - Brown: We provided those two weeks ago to you guys as part of that packet. De Weerd: Do you have - Brown: I gave you pictures of the two access and we gave you one of the access that we maintain. Meridian City PrewCouncil Meeting September 28, 2004 Page 9 of 14 (Inaudible discussion) Brown: Those are the accesses that are currently causing a lot of the hard berm and then I had attached - De Weerd: So that's on all (inaudible) --? Brown: And then I attached pictures - (Inaudible discussion ---------). De Weerd: Oh, okay, well thank you. Really, a and b - that's your primary area? Brown: Those are the areas that are in most disrepair currently on the course. I receive personally calls all the time from homeowner's about weeding mostly of the course. That's an ongoing thing that we will initially try to address with the course itself to see if we can resolve that. As far as - you know we would like to see some action taken on those two specific cart paths. Nary: Council do you have any questions for Mr. Brown? Bird: I have none. Brown: I had one last question. In the agreement with the course, that (inaudible) back to 1978, where the city entered an agreement with the new pacific company from Oregon. There were terms set up where the course would be evaluated once a year by a party to be determined in that it would be reviewed at least annually. Has that taken place? Bird: No. Nary: There have been some ongoing discussions with Cherry Lane on some issues that have gone on maintenance issues in general. So, I don't know that a lot of those things have been adhered to. De Weerd: Mr. Nichols do you want to answer that. Nichols: Madame Mayor, members of the Council, Mr. Brown the Council stepped up I believe it was two years ago and paid for the USGA turf service report because there have never been a definitive inspection of the course, ever since the completion of the second nine and so the Council went ahead and authorized to pay for that and they did that. There has been a running dialogue with the course over maintenance issues. There has been a golf course committee that you probably read their report. There have been a variety of different things gone on. A specific you know get an independent person to do Meridian City Pre-Council Meeting September 28, 2004 Page 10 of 14 an inspection of the course, I believe the consensus is that hasn't been done because there has not been a market difference in the course from the USGA service said it was in. So, that's alii can tell you on that. There has not been a specific follow up, independent report that I am aware of. De Weerd: Mr. President. Nary: Madame Mayor. De Weerd: I guess just to add to that is we did meet with a representative this summer and we are starting to work towards setting those standards for that annual review. So, it hasn't been done. The USGA report kind of was the thing that got the dialogue specifically more focused and now we are going down that part of the planned path. We are working towards that. Brown: My last comment then is more of a question. If issues were regarding upkeep cannot be worked out to our satisfaction with Cherry Lane Recreation, then we do come to you to have those resolved if they don't act within a 30 day period as they are supposed to when maintenance issues are brought to them per their lease agreement? Nichols: Mr. President. Nary: Mr. Nichols. Nichols: Mr. President, members of the Council I am not sure that the Council is the final arbiter disputes between you and the golf course lessee, but I am sure that the Council would be willing to try to facilitate things if there is some kind of law jam because that's what this group is, is they are facilitators for a lot of things. So, I would say that jf you have an issue that you can't get resolved with Cherry Lane, contact the Mayor and if she is able to take care of things for you, great and if not then I guess she can ask for help. Brown: My only reason for bringing that up is as the lessee you guys hold that lease over them and based on the lease agreement of a breach in maintenance can constitute a retraction of release from them. I would call that kind of holding a hammer or being a facilitator a little bit more than a facilitator and so that's why I look back to the city as the lessor to remedy that situation. Nary: Not to be trite, Mr. Brown, if it was all that easy it would be nice. It's not always quite that easy. Certainly, I think Mr. Nichols is right that if there are issues with Cherry Lane I think that the Mayor and the Council would always be willing to listen to that and try to participate in that and try to facilitate some resolution to it, but you know are we the judge and jury of that? Not exactly. Is it quite so easy to say a maintenance dispute over a drainage pond or an access road or a cart path is enough ammunition to revoke an existing lease depends on Meridian City Pre-Council Meeting September 28, 2004 Page 11 of 14 the circumstances not necessarily. If it was all so quite cut and dried like that we wouldn't need lawyers. Where would we be with that? So, if there are issues, we certainly I think are going to want to listen to that. That doesn't eventually mean that that may solve everything. Does Cherry Lane want to add anything? Or do you just want to sit very quietly? Speaker?: I am just listening tonight. I would like to know what areas he is talking about. I don't think we got a copy of that. Nary: Okay. Well, we can get you a copy of the map that he provided. That's no problem. Anything else, Mr. Brown? Brown: No. Thank you. Nary: Council, anything else? Bird: Mr. President. Nary: Mr. Bird. Bird: On one of these pictures, in picture A, I don't know if Cherry Lane's planting tomatoes out there, but there is a lot of tomato plants down there and it does look kind of (inaudible) to have to think that most of those weeds are coming from the property that backs up to it. From the looks of this picture right here, it's quite a ways away from the clubhouse, if the clubhouse is growing tomatoes. Nary: Well, at least we will have some discussion with the Highway District about the heavy maintenance and I guess we could discuss after that, Council, the response letter to Ashford Greens so we at least know where we are at, at that point. We'll get a copy of that for your folks. Anything else on that item, Council? 4. Discuss Letter to Ada County Commissioners regarding Park Impact Fees: Nary: The other item on our agenda is the Ada County Commissioner's letter regarding park impact fees and Ms. Canning had prepared for us and it's sitting here and I think almost all of us have signed it. I think just Councilman Wardle hasn't signed it yet. Ms. Canning did you have anything that you wanted to add besides the letter? Canning: Mr. President, Madame Mayor, members of the Council the only issue would be that the Mayor did point out to me just before the hearing that there is blanks on that inserted text for 944 C4, those relate to the memorandum of agreement that's noted in the next paragraph. So, I think there is just some paragraph relocation that we may need to do on the first page. If we move that Meridian City Pre-Council Meeting September 28, 2004 Page 12 of 14 paragraph that begins we also propose to enter into and jf we move it to just before where it says to accomplish this, we propose the following additional paragraphs. It's just relocating one paragraph so that it makes logical sense, but I can work with the Mayor on that. Nary: On the second line on the letter too, all the spacing between the letters is kind of off. Did you say that, too? At least the copy that is in front of us. I don't know whether that was just a printer error, but it looks like - Canning: I have a different copy than you have. So, I am not sure. Nary: Okay. Canning: It's on expanded text, so it will change the spacing, but we can click that item off if we need to. Nary: It just looks funny. Council any questions on that? Is there anything else? That's all we have on our agenda for Pre-Council this evening. I think we had already approved the letter and that's why we are ready to sign it. I think it was just to make sure that everything was good, but I think we are all okay with that. I think it was requested by the county in a very nicely worded letter to us. Is there any other items, Mr. Berg is asking for the ACHD agenda, since we have a moment? I think we have a draft agenda in front of you Council that (inaudible) would like to put on for discussion on Monday. It's a joint meeting at noon over at the Highway District. Right now all we show is the update on current and future projects update on the transportation management plan and then I think now the discussion on drainage will be an item. Is there anything else, Council, that you want to add? Bird: Looks fine to me. Rountree: No, it looks sufficient. Nary: Before we take a motion to adjourn, I just wanted to say that this has been a lot of fun. This has been a very fun time to run these meetings. I have enjoyed it very much. Bird: Mr. President. Nary: Mr. Bird. Bird: Well, while we got a couple of minutes here I am going to take seniority doing a little talking. I have mixed emotion on Mr. Nary leaving the Council and going to the city because he has been one of the finest Councilman I have been privileged to serve with. We haven't always agreed, but you always knew where Bill stood and I appreciate that out of anybody. I know that the city is going to be Meridian City Pre-Council Meeting September 28, 2004 Page 13 of 14 better for it because of him becoming our attorney and I just wanted to thank Bill for the three years that he has sat here as a Councilman and the good work he has done and I have certainly enjoyed working with him. Like I said, we have disagreed a lot, but we have always left as friends, I hope. I appreciate it, Bill. Nary: Mr. Bird thank you very much J appreciate all those comments. I just thought your intent was so that I would sit over there next to you. Rountree: Mr. President you may not want that, but - my few months on the council as a returning previous councilman, I do want to compliment you on your presidency and my working with you in the past nine months has been my pleasure and I appreciate the guidance and direction you have provided and look forward to working with you in the future in your new capacity. I think the city loses and gains and we will move positively forward with this. Thank you for your time. Nary: Thank you both very much. I know that during the regular meeting we have this on our agenda as well and I don't know, the Mayor will probably want to add some comments and I might have a comment or two before we are done. I appreciate everything. I appreciate what you say and it is a very exciting opportunity and I agree with Mr. Bird it is a mixed emotion. I like sitting here. I have enjoyed it very much. It is a lot of fun. More fun than I really realized it would be. But, I am excited about the opportunity and changing positions and I look forward to a long time. I don't change very much. I don't move around very much. I think most people know that. I am excited about that. If there is nothing else, I guess we could adjourn this one. Bird: So moved. Rountree: Second. Nary: It's been moved and seconded to adjourn our Pre-Council meeting of September 28, 2004. All those in favor, say aye. ALL AYES. MOTION CARRIED. MEETING AJOURNED AT 6:40 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: /1 I g I 1/4- DATE APPROVED {: Meridian CIty Pre~Council.Meeting September 28, 2004 Page 14 of 14 \\\\\lllll/II/tf \\\\ I\JlC"" "I ,,\\\_~ Of W!'-f1ID; IIII/. ,'" ~ ~ '-1 ...... l a cP:\\POf4 h '1-"'~ t.. ~ ~o ~ 1/. ~ ff ES1ED: d~~ ,9- :::"'u & 2 WILLIAM G. BERG, J ., CtTY CLERK .;, (;',_ ....~ 0 $ ~"'.o ~.:>r 1Si . ;;:. ~ ~ ':.</ . ;<,~ ",'" .>'" "-. ~ ....... "'1"", .....uUN"f"l. \,........ Ii \,,\ IJ1~Hm HiH\ . ( ** TX CONi'."MATION REPORT ** 21 22 23 24 25 26 27 28 29 3el 31 32 DATE TIME TO/FROM 09/25 12:50 3810160 09/25 12:51 PUBLIC WORKS 09/25 12:52 2084664405 09/25 12'53 8841159 09/25 12:54 2088840744 09/25 12:54 POLICE DEPT 09/25 12:55 8985501 09/25 12: 56 LI BRRRY 09/25 12:57 92083776449 09/25 12:57 3886924 e9/25 12: 58 2088886854 09/25 12:59 208 895 0390 ( RS OF SEP 25 '0413:00 PAGE. 01 CITY OF MERIDIAN MODE EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S EC--S MIN/SEC PGS 06'27" 061 00'19" 601 3G'19" 301 00'21" 001 0e'20" e01 00'20" 1001 0e'19" 001 00'21" 001 00'19" eel 130' 19" 13131 00'20" 0el eB'19" e01 CMDIl 203 203 203 203 203 203 2133 203 203 2G3 203 203 STATUS OK OK OK OK OK OK OK OK OK OK OK OK ------------------------------------~------------------------------------------------------- Yleose r'cst- k 'Pu.bhc.. WohC.L -1M-nICS CITY OF MERIDIAN PRE.COUNCIL MEETING AGENDA Tuesday. September 28, 2004 at 6:00 p.m. City Council Chambers 1. RoU-ca1l Attendance: Shaun Wardle _ Bill Nary _ Charlie Rountree _ Keith Bird _ Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Discuss Request from Ashford Greens to Address Maintenance Aareement of Dralnaae Ponds: 4. Discuss letter to Ada County Commissioners regarding Park Impact Fees: "Approximate allowable time set fOT agenda item may Change depending on discussion. Please use the designated minutes as a guideline only. Meridian city Pre-Coune/I Allenda - September 21. 2004 P~e 1 Dr 1 )1.11 materials preaame<! 11\ public m8frtinJls Illall become property or the CIly Dr Mertdlan, An~one dl!5lmiJ a=mmodalion fordlsallllJllea related It> doclllnerrta andlt>r heaJ11lgQ plAallll OOlllact!he City CIerl<G Offiu al8llfI..4<C3 at 18aBl48l!cul'I: priarlo!he public Jl'Ill8Il"ll. Please ~or' tor ru.b\ (c iJDhCC ~l1r.^Xlk:S> CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, September 28, 2004 at 6:00 p.m. City Council Chambers 1. RolI~call Attendance: Shaun Wardle _ Bill Nary Charlie Rountree Keith Bird _ Mayor Tammy de Weerd 2. Adoption of the Agenda: 3. Discuss Request from Ashford Greens to Address Maintenance AQreement of DrainaQe Ponds: 4. Discuss Letter to Ada County Commissioners regarding Park Impact Fees: * 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 - September 21 , 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 public meeting. ** TX CONFJA,.",rrON REPORT ** { AS OF SEP 25 '04,.3:08 PAGE. 01 CITY OF MERIDIAN 01 02 e3 04 05 06 07 08 DATE TIME TO/FROM 09/25 13:00 128300040 09/25 13:01 208 387 6393 09/25 13:e2 ADA CTY DEUELMT 09/25 13:03 8885052 09/25 13:04 CHERRY LANE 09/25 13:05 IDAHO ATHLETIC C 09/25 13:06 10 PRESS TRIBUNE 09/25 13:07 2088886701 MODE ('3--5 EC--S EC--S EC--S G3--5 EC--S EC--S EC--S MIN/SEC PGS 00'25" 001 00'20" 001 00' 19" 0Ell 00' 19" 001 00'38" 001 0eJ'20" 001 0eJ'2eJ" 001 00'20" 001 CMDI; 203 203 203 203 203 203 203 203 STATUS OK OK OK OK OK OK OK OK Flease l:od- tor f\.J.bhc- tJDnc.c.. --\hCUtlcs. CITY OF MERIDIAN PRE-COUNCIL MEETING AGENDA Tuesday, September 28, 2004 at 6:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Shaun Wardle _ Bill Nary Charlie Rountree Keith Bird - _ Mayor Tammy deWeard 2. Adoption of the Agenda: 3. Discuss Request from Ashford Greens- to Address Maintenance Aareement of DraJnaQ9 Ponds: 4. Discuss Letter to Ada County Commissioners regarding Park Impact Fees: "Approximate allowable time set for agenda item may Change depending on discussion. Please use the designated minutes as a guideline only. MerJdla,r\ city Pre-CoqnclJ Agenda - September 21,2004 P* 1 O! 1 All mstarials pJ"lIOentod at public meetings 8hsll boccmo property of the Clly oJ Morldlan. Anyone de5lrlng accommodation for dlslIblll1Iea related to cIOcllmel'lls mellor heilnllgs plealle COllI~cl the City Clelk's OtIJ~ 4t 688-4433 at INsl 48 hourc JlIlor to tile public mefI~ng. September 24, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT September 28, 2004 ITEM NO. 4 REQUEST Discuss letter to Ada County Commissioners regarding Park Impact Fees AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUilDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. September 24, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Earl. Mason & Stanfield AZ 03-036 September 28, 2004 ITEM NO. REQUEST Developmetn Agreement - Request for Annexation and Zoning of 19.7 acres from RUT to R-8 zones for proposed Salisbury Subdivision No.2 - south of West Ustick Road and west 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 Development Agreement ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shan become property of the CIty of Meridian. ADA COUNTY RECORDEr'DAVID NAVARRO AMOUNT .00 23 BOISE IDAHO 10122/04 ". 2 PM ~~~~~~E~i:k~:~~~ST OF 1111111111111111I11111111111111111111 CITY OF MERIDIAN 104134973 DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian Woodside Properties, LLC, Owner THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this )? th day of Oc.! ob CT ,2004, by and between CITY OF MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY', and WOODSIDE PROPERTIES, LLC, whose address is 1282 E. Braemere Road, Boise, Idaho 83702, and hereinafter called "OWNER", 1. REelT ALS: 1.1 WHEREAS, "OWNER" is the sole owner, in law and/or equity, of certain tract ofland in the County of Ada, State ofIdaho, described in Exhibit A for the R-8 zoning, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. S 67-651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner" make a written connnitment 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 fe-zoning of land; and 1.4 WHEREAS, "Owner" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (R-8) Medium Density Residential, (Municipal Code ofthe City of Meridian); and 1.5 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 DEVELOPMENT AGREEMENT (AZ-03-036) PAGE 1 OF I planning jurisdiction, and received further testimony and conunent; and 1.6 WHEREAS, City Council, the ~ day of ^U~US~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 1.7 WHEREAS, the Findings require the "Owner" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.8 "OWNER" 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" 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 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 of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and pillases herein contained in this section shall be defined and interpreted as DEVELOPMENT AGREEMENT (AZ-03-036) PAGE 2 OF 2 herein provided for, unless the clear context of the presentation ofthe 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 ofthe state ofIdaho, organized and existing by virtue oflaw of the State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER": means and refers to Woodside Properties, LLC, whose address is 1282 E. Braemere Road, Boise, Idaho 83702, the party owning said "Property" being developed and shall include any subsequent owner(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned 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 (K) which are herein specified as follows: Construction and development of 81 buildable lots and 11 common lots consistent with the Preliminary Plat and Conditional Use Permit. Development shall be consistent with the Meridian Comprehensive Plan Gerneralized Land Use Map which designates the property as Medium Density Residential. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: DEVELOPMENT AGREEMENT (AZ-03-036) PAGE 3 OF3 5.A "Owner" 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. The legal description submitted with the application (dated 10/27/03, stamped by Richard A. Gray) shows the property as contiguous to the existing corporate boundary of the City of Meridian and is approved. 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, uses and construction on this property shall comply with the City of Meridian Ordinances in effect at the time. 5. As a condition of annexation, and as a condition of the Development Agreement, applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall faithfully perform the terms of such agreement or agreements. 6. Comply with all the conditions, recommendations and requirements ofthe corresponding orders from applications of Preliminary Plat, Case No. PP- 03-042, and the Conditional Use Pennit, Case No. CUP-04-016, which orders are hereby incorporated herein by this reference as though fully set forth. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the <<Owner" or "Owner's" heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date this Agreement is effective, and DEVELOPMENT AGREEMENT (AZ-03-036) PAGE 4 OF 4 after the "City" has complied with the notice and hearing procedures as outlined in I.C. S 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner" consent upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and if the "Owner" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Owner" or "Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property''' fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by "City" of any default by "Owner" of anyone or more of the covenants or 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. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at DEVELOPMENT AGREEMENT (AZ-03-036) PAGE 5 OF 5 "Owner's" cost, and submit proof of such recording to "Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation 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 ofthe "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall COlIlillence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as DEVELOPMENT AGREEMENT (AZ-03-036) PAGE 6 OF 6 allowed under Meridian City Code 912-5-3, to insure that installation of the improvements, which the "Owner" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY-ORDINANCES: That "Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 Woodside Properties, LLC 1282 E. Braemere Road Boise, Idaho 83702 wi th copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT (AZ-03-036) PAGE 7 OF 7 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Owner" 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", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision ofthis Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". DEVELOPMENT AGREEMENT (AZ-03-036) PAGE 8 OF 8 2 I. I 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 of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-03-036) PAGE 9 OF 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER: WOODSIDE PROPERTIES, LLC ~~ BY: ~ - Jeffre~ uUcwzQ CITY OF MERIDIAN Attest: 9-21-01- DEVELOPMENT AGREEMENT (AZ-03-036) PAGE 10 OF 10 STATE OF IDAHO) :ss COUNTY OF ADA ) On this t day of ~/z;hJVL , in the year 2004, before me, a Notary Public, personally appeared Jeffrey A. Wood" known or identified to me to be the person who executed the instrument on behalf ofW oodside Properties, LLC, as its , and acknowledged to me that he executed the same. (SEAL) ~~ ~~""""'" ~~~~S );\!\N 1I 0 "'" ..~.. ~ ......... '(.;. ~.. ....s.. ..:-.. 4Ii ,,- 0 .0 ~ : ...........OTAR)- \ ;. : : ~ ,: : : _.-~ ... : : *,. c: ~ '. PUB\.o~ .: -;. OQl 0 I # Q> '. t ...... l> ......... 'r-~ ~..." ''',,"''I1'S OF \'0 .......~ "',o'.,.ur....1 s: ~ Not Public for Idaho Residing at: 8cJ~ JJJ Commission expires: / / -10 -/ iJ STATE OF IDAHO ) :ss County of Ada ) (SEAL) On this ;2/ sf- day of eSep..\eM..6er, 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, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. .....1.1.......", ,....... ,eB L, .r ~~###. i..... "t-~ ......... 4t-r~"~ .. ") .. 00 or' '" ~. ..?~ : l ~OT.4~ \ 'a :*: r1t: 5 : ...... : * 5 .. . '" ... ... . ~ II" ~ ,'0 llBL\C I :: 0:" if,;., '0 ..: <;0, .,d 0.. o. C ~ ~ -..r ......... ~ ~ '.#, :e OF l~ t'>- ........... '#~ . ~..I ........II...I1'C1".. Not / wW4J Z:\Work\M\Meridian\Meridian 15360MlSalisbuIY Sub No.2 AZ-03-036 PP-03-042 Approval Findings\DEVELOPAGMT AZ-03-036 08 20 2004.dcc DEVELOPMENT AGREEMENT (AZ-03-036) PAGE II OF 11 EXHIBIT A Legal Description A parcel of land being a portion of the NE Y4 of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the NW corner of said NE Y4, (North Y4 corner), said corner monumented with a found 5/8 inch diameter iron pin~ Thence S. 00 06' 31" W., a distance of 990.00 feet along the westerly boundary of said NE Y4 to a point; Thence S. 89020' 40" E., a distance of20.00 feet parallel with the northerly boundary of said NE y,. to the POINT OF BEGINNING; Thence continuing S. 890 20' 40" E., a distance of 640.00 feet parallel with the northerly boundary of said NE Y4 to a point, said point bears S. 14000' 20" E., a distance of 0.22 feet from a found 5/8 inch diameter iron pin; Thence N. 00 06' 31" E., a distance of 56.60 feet parallel with the westerly boundary of said NE y,. to a point, said point bears S. 690 56' 01" W., a distance of 0.10 feet from a found 5/8 inch diameter iron pin; Thence S. 89020' 40" E., a distance of267.07 feet (formerly 264 feet), parallel with the northerly boundary of said NE ~ to a point lying 1,732.50 feet westerly of the east boundary line of said Section 1, said point also being the NW boundary corner of Salisbury Lane Subdivision as on file in Book 80 of Plats at Pages 8677 and 8678 in the Office of the Recorder of Ada County, Idaho, and is monumented with a found 5/8 inch diameter iron pin; Thence along the westerly boundary of said Salisbury Lane Subdivision and along a line that lies parallel with and 1,732.50 feet westerly of the east boundary line of said Section 1, S. 00 16' 22" W., a distance of381.43 feet, (formerly 381.06 feet), to the SW boundary corner of said Salisbury Lane Subdivision, said comer also being the NW boundary corner ofLansbury Lane Subdivision as on file in Book 64 of Plats at Pages 6499 and 6500 in the Office of the Recorder of Ada County, Idaho, said corner monumented with a found 5/8 inch diameter iron pin; Thence along the westerly boundary of said Lansbury Lane Subdivision and along a line that lies parallel with and 1,732.50 feet westerly of the east boundary line of said Section 1, S. 00 16' 22" W., a distance of350.02 feet, (formerly 350.19 feet), to the SW boundary corner of said Lansbury Lane Subdivision~ EXHIBIT A - LEAL DESCRIPTION PAGE lOF2 Thence continuing along a line that lies parallel with and 1,732.50 feet westerly of the east boundary line of said Section 1, S. 00 16' 22" W., a distance of312.92 feet, (formerly 294.86 feet) to a point on the centerline of the South Slough Drain, said point also being the SE boundary comer of Parcel "A" of that certain Warranty Deed recorded as Instrument No. 103111207 in the Office of the Recorder of Ada County, Idaho; Thence along the southerly boundary of Parcel "A" of said Warranty Deed Instrument No. 103111207 and along the centerline of said South Slough Drain the following courses and distances: Thence N. 89020' 40" W., a distance of301.28 feet, (formerly 301.24 feet), parallel with the northerly boundary of said NE 'l'4 to a boundary angle point of said Warranty Deed. Thence N. 73026' 59" W., a distance of623.26 feet, (formerly 623.21 feet), to the SW comer of Parcel "A" of said Warranty Deed Instrument No. 1-3111207, said point being 25.00 feet east of and at right angles to the westerly boundary of said NE 'l'4; Thence leaving the centerline of said South Slough Drain and the southerly boundary of Parcel "A" of said Warranty Deed Instrument No. 10311 1207, N. 00 06' 31" E., a distance of 100.09 feet along a line lying 25.00 feet easterly of and parallel with the westerly boundary of said NE v..., said line also being the westerly boundary line of Parcel "A" of said Warranty Deed Instrument No. 103111207; Thence leaving the westerly boundary line of Parcel "A" of said Warranty Deed Instrument No. 103111207, N. 65045' 50" W., a distance of 5.48 feet along the northerly boundary line of Parcel "c" of said Warranty Deed Instrument No. 103111207 to a point being 20.00 feet east of and at right angles to the westerly boundary of said NE v... and 5.00 feet west of and parallel with the westerly boundary of said Parcel "A"; Thence N. 00 06' 31" E., a distance of 180.48 feet parallel with the westerly boundary of said NE ~ to a point; Thence continuing N. 0006' 31" E., a distance of 534.33 feet parallel with the westerly boundary of said NE ~ to the POINT OF BEGINNING. This parcel contains 19.67 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. Z:\Work\M\Meridian\Meridian 15360M\Salisbul)' Sub No.2 AZ-03"()36 PP..()3..()42 Approval Findings\DevAgmtEXHIBIT Adoc EXHIBIT A - LEAL DESCRIPTION PAGE20F2 EXHIBIT B Findings of Fact and Conclusions of Law EXHIBIT B - Findings of Fact and Conclusions of Law PAGE 1 OF 1 BEFORE THE :MERIDIAN CITY COUNCIL C/C 08/03/04 IN THE MATTER OF THE REQUEST FOR ANNEXATION & ZONING OF 19'.70 ACRES TO R-8 FOR SALISBURY SUBDIVISION NO.2 Case No. AZ-03-036 ). ) ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING WOODSIDE PROPERTIES, LLC, APPLICANT The above entitled annexation and zoning application having ,^:,me on for public hearing , on August 3~ 2()(}4, at the hour of7:00 p.m., and Anna Canning, Scott Stanfield, Jeff Wood and Joe Simunich, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings ofF.act and Conclusions ,of Law, and Decision and Order: FINDINGS OF FACf 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code S~ 67-6509 and 67-6511, and Meridian City Code ~~ 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING JA YDAN Vll..LAGE SUBDIVISION (AZ~04~OO3 ) PAGE 1 OF 9 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 is approximately 19.7 acres in size and is located on the west side of Meridian Road, north of Waterbury Park Subdivision, in Section 1, T ownslllp 3 North, Range 1 West. 4. Woodside Properties, LLC is the current property owner and JetlTey A. Wood submitted notarized consent for the subject application. 5. The Applicant is Earl, Mason Stanfield, Inc. of Caldwell, ill. 6. The subject property is currently zoned RUT (Ada County) and has an existing residence with other outbuildings. 7. The Applicant requests the property be zoned R-8. 8. . The property which is the subject of this application is within tbe Area of Impact of the City of Meridian. 9. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the 2002 Meridian Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: A residential subdivision with 72 buildable lots and four common lots. 11. The Applicant requests zonilig of the subject real property to R-8 (Medium Density Residential) which is consistent with the Meridian Comprehensive Plan Future Land Use Map, which designates the subject property as Medium Density Residential FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FqR ANNEXATION AND ZONING JA YDAN VILLAGE SUBDIVISION (AZ-04-003) PAGE20F9 12. The North Slough bisects the subject property and is a feature that will need to be protected. The City Council of the City of Meridian hereby approves the ,-equested Annexation and Zoning as requested by the Applicant for the property described in the applicatio~ subject to the following: A. Adopt the Comments and Reconunendations of the Meridian Planning & Zoning Department as follows: 1. The legal description submitted with the application (dated lO-27~03, stamped by Richard A. Gray) shows the property as contiguous to the existing corporate boundary of the City of Meridian and is approved. 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. If lateral FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING JA YDAN VILLAGE SUBDMSION (AZ-04-003) PAGE3 OF9 users association approval can't be obtained) plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 4. Any future subdivision, uses and cot]struction on this property shall comply with the City of Meridian ordinances in effect at the time. 5., As a condition of annexation applicant shall participate in any road infrastructure agreements negotiated with ACHD and shall firithfully perform the terms of such agreement or agreements. B. The Applicant shall also comply with the conditions and requirements of the orders arising out of corresponding applications for this project, which are Preliminary Plat - PP-03-042, and Conditional Use Pennit - CUP-04-016. CONCLUSIONS OF LAW ] . 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 & 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 bas 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 FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING JA WAN VILLAGE SUBDMSION (AZ.04..o03) PAGE40F9 adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02~382. 4. The project follows the pertinent provisions of the City of Meridian Comprehensive Plan that are applicable to this Application. 5. The zoning of (R-8) Medium Density Residential is defined in the Zoning Ordinance at ~ 11-7-2D as foDows: (R.-8) Medium Densitv Residential District: The pUIpOse of the 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 of the City and is also designed to pennit the conversion of large homes into two-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 ofland 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 (19&3). 7. The development of the annexed land, jf annexed, shall meet and comply with the Ordinances ofthe City of Meridian including, but not limited to; Section 12-2-4 which pertains to development time schedules and requirements; Section 12~4-1~, which pertains to the piping of ditches; and Section 12-5-2 N. which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development O..dinance 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING lA YDAN VILLAGE SUBDIVISION (AZ-04-003) PAGE50F9 NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, tbe City Council does hereby Oluer and this does Order: 1. The applicant's request for annexation and zoning of approximately 19.10 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 of 19.70 acres. The legal. description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to aU 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 tonditions 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 Comments and Recommendations of the Meridian Planning & Zoning Department as follows: 1. The legal description submitted with the application (dated 10-27-03, stamped by Richard A. Gray) shows the property as contiguous to 1he existing corporate boundary of the City of Meridian and is approved. 2. Any existing domestic wens 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 iying 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 FINDlNUS OF FACT AND CONCLUS10NS OF LAW AND DECISION AND ORDER ORANTlNG APPLICATION FOR ANNEXA nON AND ZONlNG JAYDAN Vll.LAGE SUBDMSION (AZ-04-003) PAGE60F9 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. S. Any future subdivision, uses and construction on ,this property shaD comply with the City of Meridian ordinances in effect at the time. 4. The Applicant shall also comply with the conditions and requirements of the corresponding applications fortms project, which are Preliminary Plat - PP-03-042~ and Conditional Use Pennit - Cup.Q4.0 16. 5, The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District~ and Meridian City Code 9 11-7-2. 6. Subsequent to the passage of the Ordinance provided for in section 4 of this Orderthe engineering staff of the Public Works Department shaI1 prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code ~ 11- 21 ~ 1 in accordance with the provisions of the annexation and zoning ordinance. NOTICEOFnNALACTION AND RIGHT TO REGULA TORY TAKINGS ANALYSIS The Applicant is hereby notifie\i that pursuant to IdallO Code 67-8003, the Owner may request a regulatory taking analysis. Such reques.t must be in writing, arid 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA nON AND ZONING JA YDAN VILLAGE SUBDMSION (AZ-04-003) PAGE70F9 pursuant to Idaho Code ~ 67.6521. An afl'ected 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 (If the City Council at its regular meeting held on the Z4-t~ day of Ifu. '1M J .f- (/ ROLL CALL . 2004. COUNCILMAN SHAUN WARDLE VOTFD~ COUNCILMAN BILL NARY VOTED-*~ VOTED~ VOTED$t.- COUNCllMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR T AM1vfY de WEERD (TIE BREAKER) DATED: 9-,2..+-1:)~ MOTION: APPROVED:-X- DISAPPROVED: VOTED - - - ... .. '7!: ~ ~ A ~ illiam G. Berg, Jr., City erk %""0 ~i 1S1: · .p I -;. ~ ......\ - -t' ......, ~ ,.......~ "1 . :0.,....... FINDINGS OF FACT AND CONCLUSIONS W' 11\1\\\"'''' AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING JAYDAN VllLAGE SUBDMSION (AZ-04.003) Attest: PAGE80F9 Copy served upon Applicant, the Planning and Zoning Department, Puf;tlic W orksDepartment and the City Attorney. By: :k~ A9. C '" J City Clerk' g Office Dated: ~~ 30..04 Z;\Workl.M'i1\-!eridiao.\Meridilm lS360MlSalisbury Sub Nil. 2 AZ-OJ-036 PP.(I3..(l42 Appwval F~\AZ.J1FCLO AZ-03.036 0820 2004.doc FIl'IDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISlON AND ORDER GRANTlNG APPLICATION FOR ANNEXATION AND ZONING JAYDAN vaLAGE SUBDMSION (AZ-04-003) PAGE90F9 September 24, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Earl, Mason & Stanfield AZ 03-036 September 28, 2004 ITEM NO. 17 REQUEST Ordinance - Request for Annexation and Zoning of 19.7 acres from RUT to R-8 zones for proposed Salisbury Subdivision No.2 - south of West Ustick Road and west 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 Ordinance .~.tV {I 0 \ rpfr OiY/ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the Cily of Meridian. September 17. 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Earl. Mason & Stanfield AZ 03-036 September 21, 2004 ITEM NO. 21 REQUEST Ordinance - Request for Annexation and Zoning of 19.7 acres from RUT to R-8 zones for proposed Salisbury Subdivision No.2 - south of West Ustick Road and west 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 Ordinance {t>>~ ~ Ix '(;/0 ~/'} Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 6 b BOISE IDAHO 10108104 03:35 PM -:~~~E~~~~~~~~~e6F 1111111111111111111111111111111111111 MERIDIAN CITY 104129530 CITY OF MERIDIAN ORDINANCE NO. 04- (\ 0 I AN ORDINANCE FINDING THAT, WOODSIDE PROPERTIES, LLC, THE OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF MERIDIAN ROAD, NORTH OF WATERBURY PARK SUBDIVISION, IN SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, MERIDIAN, IDAHO, TO BE KNOWN AS SALISBURY SUBDIVISION NO.2, AND WHICH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owners of said Property, to-wit: LEGAL DESCRIPTION SALISBURY SUBDIVISION NO.2 A parcel ofland being a portion of the NE ~ of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the NW corner of said NE ~; (North ~ corner), said comer monumented with a found 5/8 inch diameter iron pin; ANNEXATION AND ZONING ORDINANCE (AZ-03-036) Page 1 of 5 Thence S. 00 06' 31" W., a distance of990.00 feet along the westerly boundary of said NE Y:I to a point; Thence S. 89020' 40" E., a distance of20.00 feet parallel with the northerly boundary of said NE ~ to the POINT OF BEGINNING; Thence continuing S. 890 20' 40" E., a distance of 640.00 feet parallel with the northerly boundary of said NE ~ to a point, said point bears S. 140 00' 20" E., a distance of 0.22 feet from a found 5/8 inch diameter iron pin; Thence N. 00 06' 31" E., a distance of 56.60 feet parallel with the westerly boundary of said NE ~ to a point, said point bears S. 690 56' 01" W., a distance of 0.10 feet from a found 5/8 inch diameter iron pin; Thence S. 89020' 40" E., a distance of267.07 feet (formerly 264 feet), parallel with the northerly boundary of said NE ~ to a point lying 1,732.50 feet westerly of the east boundary line of said Section 1, said point also being the NW boundary corner of Salisbury Lane Subdivision as on file in Book 80 of Plats at Pages 8677 and 8678 in the Office of the Recorder of Ada County, Idaho, and is monumented with a found 5/8 inch diameter iron pin; Thence along the westerly boundary of said Salisbury Lane Subdivision and along a line that lies parallel with and 1,732.50 feet westerly of the east boundary line of said Section 1, S. 00 16' 22" W., a distance of381.43 feet, (formerly 381.06 feet), to the SW boundary corner of said Salisbury Lane Subdivision, said corner also being the NW boundary comer of Lansbury Lane Subdivision as on file in Book 64 of Plats at Pages 6499 and 6500 in the Office ofthe Recorder of Ada County, Idaho, said corner monumented with a found 5/8 inch diameter iron pin; Thence along the westerly boundary of said Lansbury Lane Subdivision and along a line that lies parallel with and 1,732.50 feet westerly of the east boundary line of said Section 1, S. 00 16' 22" W., a distance of350.02 feet, (formerly 350.19 feet), to the SW boundary corner of said Lansbury Lane Subdivision; Thence continuing along a line that lies parallel with and 1,732.50 feet westerly ofthe east boundary line of said Section 1, S. 00 16' 22" W., a distance of312.92 feet, (formerly 294.86 feet) to a point on the centerline of the South Slough Drain, said point also being the SE boundary corner of Parcel HA" of that certain Warranty Deed recorded as Instrument No. 103111207 in the Office ofthe Recorder of Ada County, Idaho; Thence along the southerly boundary of Parcel HA" of said Warranty Deed Instrument No.1 03111207 and along the centerline of said South Slough Drain the following ANNEXATION AND ZONING ORDINANCE (AZ-03-036) Page 2 of5 courses and distances: Thence N. 89020' 40" W., a distance of301.28 feet, (formerly 301.24 feet), parallel with the northerly boundary of said NE )4 to a boundary angle point of said Warranty Deed. Thence N. 73026' 59" W., a distance of 623.26 feet, (formerly 623.21 feet), to the SW corner of Parcel "A" of said Warranty Deed Instrument No. 1-3111207, said point being 25.00 feet east of and at right angles to the westerly boundary of said NE )4; Thence leaving the centerline of said South Slough Drain and the southerly boundary of Parcel "A" of said Warranty Deed Instrument No. 103111207, N. 0006' 31" E., a distance of 100.09 feet along a line lying 25.00 feet easterly of and parallel with the westerly boundary of said NE )4, said line also being the westerly boundary line of Parcel "A" of said Warranty Deed Instrument No. 103111207; Thence leaving the westerly boundary line of Parcel "A" of said Warranty Deed Instrument No. 103111207, N. 65045' 50" W., a distance of5.48 feet along the northerly boundary line of Parcel "C" of said Warranty Deed Instrument No. 1 03111207 to a point being 20.00 feet east of and at right angles to the westerly boundary of said NE )4 and 5.00 feet west of and parallel with the westerly boundary of said Parcel "A"; Thence N. 00 06' 31" E., a distance of 180.48 feet parallel with the westerly boundary of said NE y.j to a point; Thence continuing N. 00 06' 31" E., a distance of 534.33 feet parallel with the westerly boundary of said NE )4 to the POINT OF BEGINNING. This parcel contains 19.67 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium Density Residential District (R-8). ANNEXATION AND ZONING ORDINANCE (AZ-03-036) Page 3 of 5 SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerk of the City of Meridian shall, within ten (l0) days following the days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State ofIdaho, to~ wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code g63-2215 and g50-223. -/1.. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 213 - day of ~h/YI-Ix--, 2004. #0 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2t5 -day of ~ -k-_iu- , 2004. ATTEST: ~ ~ , First Reading: ~-:zg -bJ4- Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50- 902 Yes: X No: Second Reading: Third Reading: STATE OF IDAHO, ) )ss. County of Ada ) On this ~g+4.. day of Sep\-ellA.be.,- ,2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ...... U'", ,""';"1.CE L. """'" ",,'IIi ""%;..... d'~ _ '", ",," ~ .. Ty. ~ 1 ....~':o :-..l. ltOT....h .. >;t. ~ · ~ · ""( t.. .. : : .... .,.-: : -.. - - : .. ~ :..L: · .. -,. c" ....- .. ,:f/)~.. VBLl .. ~ ~".., 'IIi . ~ . _.. .0.. . ~ ~ 0 . .. ". ~);. ........ ~o ,........ 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L 00'055 - - ~---~- ..J " --3~;;-;;8\'N;:--M:I[~90:0s--------- -~------ - 3.lr.90.0N" --------------- ~ '" ,9('"tS9l M..1r,90.0S ~ ~g ~ ~ NO .....- mN oN '" '" ~ In :;i iii -; Ii :i n ----L' ".- AA ,.., ,; . In ~ " ... ..... o z " z Z z i3 w m ... <;> t- Z <5 n. '" -- '" ~ '" .. '" ....... 0 - z \ ,.., ~ '" ;;; ~ fS n. ~ '" -< 0 l~ '" g II> ::> n. 'l'l ~ ,.., In ;;; '" w n. '" ~ '" " :J '" ::> n. g September 24, 2004 MERIDIAN CITY COUNCIL MEETING September 28, 2004 APPLICANT Sagewood Development Inc. ITEM NO. AZ 04-014 18 REQUEST Ordinance - Request for Annexation and zoning of 30 acres from Rut to R-8 zones for proposed Sienna Creek Subdivision - south of West Ustick Road and W(3,st of North Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATIORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SffiLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Ordinance ~ DV .~ 4'AI ()r\' t 0 Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publlc meetings shall become property of the City of Meridian. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. ~ 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 04- II t) 2- PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for land owned by Sagewood Development, Inc., to be known as Sienna Creek Subdivision, consisting of30.00 acres and commonly located 1,4 mile north of Us tick Road and Y2 mile east of Linder Road, within Section 36, Township 4 North, Range 1 West, Boise Meridian, Meridian, Idaho, with a zoning designation ofR-8 Medium Density Residential; and providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. LEGAL DESCRIPTION A parcel ofland located in the Northeast 1,4 of the Southwest 1,4 of Section 36, T. 4N., R 1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the 'l4 comer common to Section 10fT. 3N., R 1W., and the said Section 36, from which the Southwest comer of said Section 36 bears North 88042'55" West, 2662.17 feet; thence along the North-South mid-section line North 00027'41" East, 1328.98 feet to the C-S 1/16 comer and the REAL POINT OF BEGINNING. Thence North 88"56'14" West, 666.74 feet to the Southwest comer of the Southeast l.4 of the Northeast 1,4 of the Southwest 'i4; Thence North 00027'34" East, 18.75 feet; Thence North 86"56'20" West, 667.41 feet to a point on the West line of the Northeast 'l4 of the Southwest 1,4; Thence North 00"20'4T' East, 1281.78 feet to the C-W 1/16 comer; Thence South 89"09'21" East, 668.14 feet to the Northeast corner of the West ~ of the Northeast 'l4 of the Southwest 1,4; Thence South 00"24'16" West, 663.17 feet to the Northwest corner of the Southeast l.4 of the Northeast l.4 ofthe Southwest 1,4; Thence South 89"03'06" East, 667.24 feet to the Northeast comer of the Southeast y.. of the Northeast y.. of the Southwest l.4; Thence South 00"27' 41 " West, 664.49 feet to the Point of Beginning. Containing 30.00 acres, more or less. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the .?-f>.r!- day of ~~M-- .2004. \\\\\11111111/11 \\, t,,Il III ",':.' of MERIti; 111// ~ ~, "-1. /... A.::;$' a .... rp\\f'OR.4):" 'IV % ~ ~ <'0 -s /':' // . ~ - ~ ~ ~/~ ~ ~ City of Meridian SEAL - Mayor and City Council ~ 1'~ J' 0 f By: William G. Berg, Jr., City Clerk ~"10 Us! "IS"\; . ,;." f' ?j ~~ 4- "'''.f// "-1 On.. '",nr,1 ~ ",,::-- . d- -- .IJ ./1 '\J""Lf1~ t l' c \.... FIrst Rea 109: - v 1IIII/lrlHH ,n\\\\"\' Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES X NO Second Reading: '- Third Reading: Z:\Work\M\Meridian\Meridian IS360M\Sienna Creek\OrdinSumm AZ-04-0I4.doc ( ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5 BOISE IDAHO 10/08104 03:36 PM DEPUTY Bonnie Oberbilllg 1111111111111111111111111I11111111111 RECORDED - REQUEST OF 104129533 Meridian City CITY OF MERIDIAN ORDINANCE NO. 04- /1 t9 2- AN ORDINANCE FINDING THAT, SAGEWOOD DEVELOP:MENT, INC., THE OWNER OF CERTAIN REAL PROPERTY GENERALLY LOCATED ~:MILENORTH OF USTICKROAD AND Y:z MILE EAST OF LINDER ROAD, WITHIN SECTION 36, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE :MERIDIAN :MERIDIAN, IDAHO, TO BE KNOWN AS SIENNA CREEK SUBDMSION, AND WIllCH LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF :MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF :MERIDIAN AND ZONING DESIGNATED MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE APART OF THE CITY OF :MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS ORP ARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF l\tlERIDIAN, IDAHO; AND DIRECTINGlHE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owners of said Property, to-wit: LEGAL DESCRIPTION A parcel ofland located in the Northeast ~ of the Southwest ~ of Section 36, T. 4N., R.l W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the ~ corner common to Section 10fT. 3N., R. 1 W., and the said Section 36, from which the Southwest corner of said Section 36 bears North 88042'55" West, 2662.17 feet; thence along the North-South mid- ANNEXATION AND ZONlNG ORDINANCE (AZ-04-003 - 1 section line North 00027'41" East, 1328.98 feet to the C-S 1/16 comer and the REAL POINT OF BEGINNING. Thence North 88056'14" West, 666.74 feet to the Southwest comer of the Southeast Y4 of the Northeast Y4 of the Southwest 'Y4; Thence North 00027'34" East, 18.75 feet~ Thence North 86056'20" West, 667.41 feet to a point on the West line of the Northeast 'Y4 of the Southwest y..~ Thence North 00020'47" East, 1281.78 feet to the C-W 1/16 comer~ Thence South 89009'21" East, 668.14 feet to the Northeast comer of the West Y2 of the Northeast 'Y4 of the Southwest Y4; Thence South 00024'16" West, 663.17 feet to the Northwest comer of the Southeast Y4 ofthe Northeast 1;4 of the Southwest 1;4; Thence South 89003'06" East, 667.24 feet to the Northeast comer of the Southeast 1;4 of the Northeast 1;4 of the Southwest 'Y4; Thence South 00027'41" West, 664.49 feet to the Point of Beginning. Containing 30.00 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned General Retail and Service Commercial District (C-G). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries ofthe City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereofin conflict herewith are hereby repealed, rescinded and annulled. ANNEXA nON AND ZONING ORDINANCE (AZ-04-003 - 2 SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerk of the City of Meridian sh~ within ten (10) days following the days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State ofIdaho, to- wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State ofIdaho, all in compliance with Idaho Code 963-2215 and 950-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2&-6 day of Yf7~o.v... ,2004. .fA ~PROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, thi, 2f3 -day of ~~~, 2004. ATTEST: ANNEXA nON AND ZONING ORDINANCE (AZ-04-003 - 3 First Reading: tJ'--28-tJ4- Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50- 902 Yes: )C No: Second Reading: . Third Reading: STATE OF IDAHO, ) )ss. County of Ada ) On this ;2# day of S.ef~eW\. be..... .2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR, known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~,,1' IIIUIt"", ~.." :\.Cl1 L. 84("'" .-/ j? (SEAL) /1;:;::"';\:-\ ~~~~o : * i -.- ~. j( :': 1>1/1 j S \ ~ c 1 S lNG AT: ITferid/~ \. ~ ... (TBL '\. ~. : COMMISSION EXPIRES: d'l bo%7 ... ~ ... .......0 $ / I .... -1:;, ....... "Co. ~ Z:\Work\M\MeridiatJ\M:eri~ 163lt9~~~k\AZOrd AZ-04-014.doc .."..-.....IN 10 I""'" ANNEXATION AND ZONING ORDINANCE (AZ-04-003 - 4 ~ ii ~ f l ::II ~ ~ a ;sl ~n ? ~ . ~ ~ ~ "~ :' ~ q 5~~ ~5~:;~ Ij~~ ~"~'~ Ed~HHH '< .. ~ ~ ~ ~~~ ffi ~~~ .... -:i~ J.9;~....;. w;glrr ~~~i~ ~ - . n ~ . 3 ~ . 1< . g ~ u . W , g , ~ \ ! ! ~ c; ~ j ~ i ~ U 5~ <5 a..: >- . ouJ~ :r:~o <(:::In::: 9(1)C) >; = + '- I ~. ~QH j i i i '" ~ 5 e >- l- n::: w 0.... o n::: 0.... n::: w z z <( 3: ;i "' ~~ ci~ ~ ; ~ ~ ~~~... ~:S;i ::J ZZ [/) ~8 ~ ~ ~< .... E;:~~ si <( .. Z .. ct: ~< 8 8 ~~ ~~ ~ F~ <'>0 I- a::;j 00> l!! 0 g ;~ -' ~ ~ ~ ~ 2i ~ ! ~% ~ ~ ~ ~ l! \ \\"" ~~ l;L .o~..~. I; :l t '\ 'b:: ~~ t J..__ ...___lL____n__..__..... _-P_______~_'"~__~.....-....-___~- ~---- -. ---~-~------------~.....-----------....- 6. 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'b ..~ "": ~:. ~ "'~, _______m ;;; -..-m-=~'u-m_+__='f'-- :: m-m---------m-------------m-m-o;o:.-.;;;.;... ~ .;.;;'~;i'~. 51 ::i I 1 j ,;. i~ J o ...... :t ~ ~ ~ I~ { ~ ~ i~ -;::: ~gi ~c~ ~~~ lit~ g-' jl:~!: .': .-~ ~~o ~.' ~5g _.J ii~ ~si l1<~ September 24, 2004 AZ 03-021 MERIDIAN CITY COUNCIL MEETING September 28, 2004 APPLICANT Packard Estates Development, LLC ITEM NO. 19 REQUEST Ordinance - Request for reconsideration for Annexation and Zoning of 114.52 acres from RUT to R-4 (PO) and C-G zones for proposed Redfeather Estates Subdivision No.2 - south of East Ustick Road and east of North Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITlERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: B-..~ ~ Date: ~ Phone: Emailed:-€s-.i.lifYlw.ers+.n-c-(-Stafflnitials:).Je.. Materials presented at public meetings shall become property of the City of Meridian. / # /l\ O? -tV 0 t CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 04- / / tJ 5 , passed by the City Council of the City of Meridian, on the 281::: day of~~ 2004, is a true and correct copy of the original of said document which is in the care, custody and control ofth\iI~1tN ,\ \ \ \ II II I Clerk ofthe City of Meridian. \\\\\ Of MEp;U....11111 ,,\ .c--\ . w,u,{.., 1".- , \" -7..4_ 'l :;:,-, (j ... rP~POR4 't:. .S' ~ ~ ~ ~O -.;:. ~ -...;: ~ - ~ :;. 7. R:: ~ ~ ....l;f>- D ! \"<> 'U&r 1$"i ' .;:' ~ 'i" 'AI ..p ...." "I COU".-rV " II N' \. \\'\ III( \.\\ IllInfll HIII\ " STATE OF IDAHO, ) ss. County of Ada, ) On this J$fh da~ of ,-Se'f.l.-ew.bel", in the year 2004, befo~e me, ~jq"';L~ L. 51""':.\4-... , a Notary PublIc, appeared WILLLAM G. BERG, JR., known or identified to me to be the City Clerk ofthe City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ,.,......111', ~.,..~C'B L. $ A~"## ;10.... ~ ...........;"T./" '>-.. """ ~...~,- .. -r.:r. <:. ~ ~I o~.,..-:. ! . ~OTA",.r ..~ ;, : * . -.- : * : :. : : :: ...^ C .. ':. .. .c-lJDL\ : ~ .. .. ~ ~~. ..",:: .. .?> .. .. A'V ~ ..~.. ""/ ~ ........ ~"'r ",," .... e OF l\> ~...." ..'~'''IW...,'II' I), a~~ /:1:1 orj~/o 7 (SEAL) Z:\Work\M\Meridian\Meridian 15360M\Redfeather Estates Sub. No.2 AZ-03-021 PP-03.024 CUP-03-041\CeltificationOfClerkOrd.doc CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-03-021 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. ~ 50-901 (A) CITY OF MERIDIAN ORDINANCE NO. 04- 1103 PROVIDING FOR AN ANNEXATION AND ZONING ORDINANCE An Ordinance ofthe City of Meridian granting annexation and zoning for land owned by Harry and Frances Bryson, Alan and Elaine Durkheimer, The Melvin R. and Noma E. Schrammeck Trust, Melvina Grant and Will Grant, The Ustick 36, LLC, and Archie Ralph Wood, with Packard Estates Development, LLC to become owners in May of 2004, to be known as Redfeather Estates Subdivision No.2, consisting of 114.52 acres and commonly located on the south side of Us tick Road, 1,1 mile west of Clover dale Road, and the east side of Eagle Road/SH 55, ~ mile south of Us tick, Meridian, Idaho, with a zoning designation ofR-4 Low Density Residential and C-G General Retail and Service Commercial; and providing for effect of invalidity; providing that all ordinances and resolutions in conflict are repealed and rescinded; and providing an effective date. Legal Description (SINCE THE PROPERTY IS DUE TO BE SOLD IN MAY 2004 TO PACKARD ESTATES DEVELOPMENT, LLC, THE TOTAL ACREAGE FOR THE R-4 AND C-G PROPERTY LEGALS ARE HEREIN DESCRIBED) R-4 ZONING A parcel of land consisting of Lots 5, 6, 7, and a portion of Lot 9 of Georgimma Milk's First Subdivision as on file in Book 4 of Plats at Page 178 in the Office of the Recorder for Ada County, Idaho and portions of the SE ~ of the NW 1,1 and the West 12 of the NE ~ of Section 4, T.3N., R.IE., RM., Ada County, Idaho and more particularly described as follows: BEGINNING at an iron pin marking the North ~ corner of said Section 4; thence along the North line of said Section 4 South 89044' 17" East 912.63 feet to a point on the East line of Parcel B as shown on Record of Survey No. 3847 in said Office of the Ada County Recorder; thence leaving said North line along said East line South 00048' 17" East 315.41 feet to an iron pin; thence continuing South 89044' 17" East 150.01 feet to an iron pin; thence continuing South 00048'17" East 166.95 feet to an iron pin; thence continuing South 65053' 17" East 273.76 feet to an iron pin on the East line of said Government Lot 2; thence along said East line South 00032'19" West 694.30 feet to an iron pin marking the Southeast corner of said Government Lot 2; thence along the East line ofthe SW 1,1 of the NE ~ of said Section 4 South 00033' 46" West 1326.12 feet to an iron pin marking the Southeast comer of said West 12 of the NE 1,1; thence along the East-West center of section line of said Section 4 North 89047'00" West 998.72 feet to the Southwest comer of said Lot 7; thence along the West line of said Lot 7 North 00036'46" East 642.69 feet to the Northwest comer of said Lot 7; thence along the North line of Lot 8 of said Georgianna Milk's First Subdivision North 89048' 16" West 328.56 feet to the Northwest comer of said Lot 8; thence along the West line of said Lot 8 South 00037'48" West 642.57 feet to an iron pin marking the center of said Section 4; thence along the East-West center of section line of said Section 4 North 89045'21" West 1329.51 feet to the Southwest comer of said SE y.; of the NW y.; of Section 4; thence along the West line of said SE y.; of the NW y.; North 00037'36" East 665.34 feet to the Southwest comer of Perkins-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 said Perkins-Brown Subdivision South 89049'23" East 1309.56 feet to a point; thence continuing North 00037'48" East 20.00 feet to a point; thence continuing South 89049'23" East 20.00 feet to a point on the NOlih-South center of section line of said Section 4 North 00037'48" East 638.25 feet to an iron pin marking the Southwest comer of said Government Lot 2; thence continuing North 00035'08" East 1289.31 feet to the POINT OF BEGINNING; Said Parcel Contains 90.81 Acres, more or less. AND C-G ZONING (Brvson/Schrammeck Parcel requires a Development A2reement) A parcel ofland situated in the NW y.; of Section 4, T.3N., R.1E., B.M., Ada County, Idaho and more particularly desclibed as follows: COMMENCING at a brass cap marking the Northwest comer of said Section 4; thence along the West line of said Section 4 South 00036' 11 " West 1390.15 feet to the Northwest comer of that Parcel described in Instrument No. 8117732 in the Office of the Recorder for Ada County, Idaho, said point being on a line that is parallel with and 99.00 feet South of the South line of Government Lot 4 of said Section 4 and also being the POINT OF BEGINNING; thence along the boundary of said Parcel along said parallel line South 89052' 14" East 769.96 feet to a point; thence continuing along a line parallel with said West line of Section 4 North 00036' 11" East 99.00 feet to a point on said South line of Government Lot 4; thence continuing along said South line South 89052' 14" East 560.11 feet to a point on the West line of Perkins-Brown Subdivision as on file in Book 25 of Plats at Pages 1562 and 1563 in said Office of the Ada County Recorder; thence continuing South 00037'36" West 1212.21 feet to the Southeast comer of said Parcel; thence along the Southwesterly line of said Parcel North 72058'49" West 99.53 feet to a point; thence continuing North 40043'49" West 366.30 feet to a point; thence continuing North 85033'49" West 174.90 feet to a point; thence continuing North 71018'49" West 132.00 feet to a point; thence continuing North 34048'49" West 227.70 feet to a point; thence continuing North 66018' 49" West 264.00 feet to a point; thence continuing South 84026'11" West 17.43 feet to the Northeast comer of that Parcel described in Instrument No. 912958 in said Office of the Ada County Recorder; thence along the East line of said Parcel South 00036' 11" West 218.08 feet to the Southeast comer of said Parcel; thence along the South line of said Parcel North 89023'49" West 300.00 feet to a point on said West line of Section 4; thence along said West line North 00036'11" East 459.43 feet to a point on said boundary line of the Parcel described in Instrument No. 8117732; thence along said boundary line South 89023'49" East 185.00 feet to a point; thence continuing North 00036' 11" East 90.00 feet to a point; thence continuing North 89023' 49" West 185.00 feet to a point on said West line of Section 4; thence continuing along said West line North 00036'11" East 127.83 feet to the POINT OF BEGINNING; Said Parcel Contains 23.70 Acres, more or less. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This ordinance shall become effective on the 2!3~ day of ~~~ ,2004. \\\\1111111111", \\"\~ of M.E"R.b~II'III/ ..0:- ~ 'A/A. :I" .2' (j ~;t\PORt11:; '1' ~ ~ ~~. ~ ~ 0 S - ~ City of Meridian SEAL Mayor and City Council ~ "? &;:: By: William G. Berg, Jr., City Clerk ~ ~ ~G:s- ,Qi 0 g First Reading: 1-Z~-tJ4 \,. <:)..., T 1tY'i, ~{t,,:,2 Adopted after first reading by suspension oft1Ye/~'~lo;.ed'pursuant to Idaho Code 50-902: YES )C NO flll/pn ',-III" Second Reading: Third Reading: Z:\Work\M\Meridian\Meridian 1 5360M\Redfeather Estates Sub. No.2 AZ-03-021 PP-03-024 CUP-03- 041 \SUMANNEXZONGORD.doc MAR 2 6 2004 City Of l\lendian c:16' Clerk Office WHITE PETERSON ATTORNEYS AT LAW KlMNDlNrus JUliE KI.ElN FlscIlER CHiUSToPIlERD. GABBERT WM F. GIGRAY. In T. GUY HAlLAM ** JIlL S. HOlJNKA JOlIN R KORMANIK · WII.lIMI A MORROW WII.lIMIF. NICHOLS.. CANYON PARK AT THE IDlIHO CE.N1ER. 5700 E. FRANKLIN RD., SUITE 200 NAMPA, lDlIHo 83687-7901 TEL (208) 466-9272 FAX (208) 466-4405 CHRJSTOI'llER S. NYE PHn.n> A PE:1.'ERSON TODD A ROSSMAN TERRENCER WHITE... · Also admitted in CA .. Also admitt~d in OR ... Also admitted in W A March 19, 2004 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No. 04-11 tJ:3 , (HARRY AND FRANCES BRYSON, ALAN AND ELAINE DURKHEIMER, THE MELVIN R. AND NOMA E. SCHRAMMECK TRUST, MELVINA GRANT AND WILL GRANT, THE USTICK 36, LLC, AND ARCHIE RALPH WOOD, WITH PACKARD ESTATES DEVELOPMENT, LLC TO BECOME OWNERS IN MAY OF 2004 ) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for an annexation and zoning ordinance for the above listed property owners, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordinance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions ofIdaho Code 9 50-901(A). Enclosure Z:\Work\M\Meridian\M:eridian 15360M\Redfeather Estates Sub. No.2 AZ-03-021 PP.03..Q24 CUP-03-041\Berg Sum Ord Ltr 03 1904.doc ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 10/08104 03:35 PM 11I111I111111 III DEPUTY Joanne Hooper 1111111111I1111111111 RECORDED - REQUEST OF 104129531 MERIDIAN CITY 7 AMOUNT .00 7 CIT\ ORDINANCJ AN ORDINANCE FINDING THAT, HARJ DELAINE DURKHEIMER, THE MELVIN R. AND N( fA GRANT AND WILL GRANT, THE USTICK 36, LL ) ACKARD ESTATES DEVELOPMENT, LLC TO BEO VNERS OF CERTAIN REAL PROPERTY GENERALJ F USTICK ROAD, y,; MILE WEST OF CLOVERDALE ROAD/SH 55, y,; MILE SOUTH OF USTICK, MERII FEATHER ESTATES SUBDIVISION NO.2 AND WHIC THE CITY LIMITS OF THE CITY OF MERIDIAN, COl _, _ H U.LJ '--'l .luJ-\.nv; tiA V B MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL DISTRICT (R-4) AND GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT (C-G); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BEAPART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COpy OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owners of said Property, to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-03-021) - 1 LEGAL DESCRIPTION (SINCE THE PROPERTY IS DUE TO BE SOLD IN MAY 2004 TO PACKARD ESTATES DEVELOPMENT, LLC, THE TOTAL ACREAGE FOR THE R-4 AND C-G PROPERTY LEGALS ARE HEREIN DESCRIBED) R-4 ZONING A parcel ofland consisting of Lots 5, 6, 7, and a portion of Lot 9 of Georgianna Milk's First Subdivision as on file in Book 4 of Plats at Page 178 in the Office ofthe Recorder for Ada County, Idaho and portions of the SE 1.l of the NW ~ and the West ~ of the NE ~ of Section 4, T.3N., R.IE., B.M., Ada County, Idaho and more particularly described as follows: BEGINNING at an iron pin marking the North ~ corner of said Section 4; thence along the North line of said Section 4 South 89044' 17" East 912.63 feet to a point on the East line of Parcel B as shown on Record of Survey No. 3847 in said Office ofthe Ada County Recorder; thence leaving said North line along said East line South 00048' 1 T' East 315.41 feet to an iron pin; thence continuing South 89044'1 T' East 150.01 feet to an iron pin; thence continuing South 00048'17" East 166.95 feet to an iron pin; thence continuing South 65053' 17" East 273.76 feet to an iron pin on the East line of said Government Lot 2; thence along said East line South 00032'19" West 694.30 feet to an iron pin marking the Southeast comer of said Government Lot 2; thence along the East line of the SW ~ of the NE ~ of said Section 4 South 00033' 46" West] 326.12 feet to an iron pin marking the Southeast Comer of said West ~ of the NE 1,1; thence along the East-West center of section line of said Section 4 North 89047'00" West 998.72 feet to the Southwest comer of said Lot 7; thence along the West line of said Lot 7 North 00036'46" East 642.69 feet to the Northwest comer of said Lot 7; thence along the North line of Lot 8 of said Georgianna Milk's First Subdivision North 89048'16" West 328.56 feet to the Northwest corner of said Lot 8; thence along the West line of said Lot 8 South 00037'48" West 642.57 feet to an iron pin marking the center of said Section 4; thence along the East -West center of section line of said Section 4 North 89045'21" West 1329.51 feet to the Southwest comer of said SE ~ ofthe NW 1,1 of Section 4; thence along the West line of said SE ~ of the NW 1.l North 00037'36" East 665.34 feet to the Southwest comer of Perkins-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 said Perkins-Brown Subdivision South 89049'23" East 1309.56 feet to a point; thence continuing North 00037'48" East 20.00 feet to a point; thence continuing ANNEXATION AND ZONING ORDINANCE (AZ-03-021) - 2 South 89049'23" East 20.00 feet to a point on the North-South center of section line of said Section 4 North 00037'48" East 638.25 feet to an iron pin marking the Southwest corner of said Government Lot 2; thence continuing North 00035'08" East 1289.31 feet to the POINT OF BEGINNING; Said Parcel Contains 90.81 Acres, more or less. AND C-G ZONING (Brvson/Schrammeck Parcel requires a Development A2reement) A parcel ofland situated in the NW ~ of Section 4, T.3N., R.IE., 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 Section 4 South 00036'11" West 1390.15 feet to the Northwest corner of that Parcel described in Instrument No. 8117732 in the Office ofthe Recorder for Ada County, Idaho, said point being on a line that is parallel with and 99.00 feet South of the South line of Government Lot 4 of said Section 4 and also being the POINT OF BEGINNING; thence along the boundary of said Parcel along said parallel line South 89052'14" East 769.96 feet to a point; thence continuing along a line parallel with said West line of Section 4 North 00036'11" East 99.00 feet to a point on said South line of Government Lot 4; thence continuing along said South line South 89052'14" East 560.11 feet to a point on the West line of Perkins-Brown Subdivision as on file in Book 25 of Plats at Pages 1562 and 1563 in said Office of the Ada County Recorder; thence continuing South 00037'36" West 1212.21 feet to the Southeast comer of said Parcel; thence along the Southwesterly line of said Parcel North 72058'49" West 99.53 feet to a point; thence continuing North 40043'49" West 366.30 feet to a point; thence continuing North 85033 '49" West 174.90 feet to a point; thence continuing North 71018'49" West 132.00 feet to a point; thence continuing North 34048'49" West 227.70 feet to a point; thence continuing North 66018'49" West 264.00 feet to a point; thence continuing South 84026' 11" West 17.43 feet to the Northeast comer of that Parcel described in Instrument No. 912958 in said Office of the Ada County Recorder; thence along the East line of said Parcel ANNEXATION AND ZONING ORDINANCE (AZ-03-021) - 3 South 00036' 11" West 218.08 feet to the Southeast comer of said Parcel; thence along the South line of said Parcel North 89023'49" West 300.00 feet to a point on said West line of Section 4; thence along said West line North 00036' 11" East 459.43 feet to a point on said boundary line of the Parcel described in Instrument No. 8117732; thence along said boundary line South 89023' 49" East 185.00 feet to a point; thence continuing North 00036'11" East 90.00 feet to a point; thence continuing North 89023' 49" West 185.00 feet to a point on said West line of Section 4; thence continuing along said West line North 00036'11" East 127.83 feet to the POINT OF BEGINNING; Said Parcel Contains 23.70 Acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part ofthe City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Low Density Residential District (R-4) and General Retail and Service Commercial District (C-G). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the tenus and conditions ofthat certain Development Agreement by and between the City of Meridian and the owners of the land described in Section 1 under the C-G zone dated the 6 -I'!!.. day of ~r +- ,2004, and that the uses are to be developed under the phumed unit development process and conditional use permit process. ANNEXATION AND ZONING ORDINANCE (AZ-03-021) - 4 SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and mIDulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk ofthe City of Meridian shall, within ten (10) days following the days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries ofthe City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State ofIdaho, to- wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code 963-2215 and 950-223. 2 '1'1.. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 8 -day of 217IePv~' 2004. -If.- APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2tJ -day of d2pk~~2004. ATTEST: ~~~~,21 CITY CLERK ~ y(;, [;'- -;.. -<7 01 J... ....OJ 0 .:::- ~ '6 ~'::;r is\ ' ", $ ~ .., 't-" ,~ ~ C. ':0 ,';' ....../ 011~ 'T'{ , .',' I1II Vi\' . ' \\' lJJn" , . ANNEXATION AND ZONING ORDINANCE (AZ-03-021) - 5 First Reading: 9- Z If ..- tJ 1- Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50- 902 Yes: X' No: Second Reading: Third Reading: STATE OF IDAHO,) ss. County of Ada ) On this ~ day of 5ff:~elvl.ber ,2004, before me, the undersigned, a NotalY Public in and for said State, persona ly appeared TAMMY de WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~"t" ,"111111'" ~....,t C'f, L. SA;"", ,.... .;f:.'\;. ......0 <YJ./",., '.. .: - .. .. -r.:t-. ~ .. ......00 .. v,.. .. ~ IT" ':. : I ~O Ai( J-' \ -: (SEAL) ~. ~ I 'ia : * : _._ ~ "1< !: :. -:. C::: ~ .0 PtTBL\ 00 :: ~ d' .0 .. 0 ~ M"~ C ~ :.?> .. o. A' ~ 1I.. ...... -1/~.OOO".~ 't---r,,~ ~..' Z:\WOrk\M\Mcridian\Meridia~r~'ii.O~e}ito~~"Estates Sub. No.2 AZ-03-021 .....~.j~ UBLIC FOR IDAHO GAT: 1vl-e,ie(iQ,^- MISSION EXPIRES: Otj l:w( bl I / PP-03.024 CUP-03-04! \AZOrd.doc ANNEXATION AND ZONING ORDINANCE (AZ-03-021) - 6 ;" '" <"l c;; II Q(F35'0 of: t2.8931' ~ ~ S OlrJ2.'1S'W 694.30' 1IIl 3IMlO S Olr334{i "" r-, .., ~ I ~ !n .., ~': ~~d wz~~ ""OJ~ wii}P I F:;;' l551 LL.lD ~~ N 00'36'4{i"E 642..69' II S Q(FJ1'48'W 642.57' ...,1'-' "'~ ~i- b>'" ",g "'z ".., on ~ u:; '" ... ", i'" N ~ '" '" z ~Ii ~ !B '" S 00'37'3 'VI 657.52.' ";- ~ g "" '" '" ~ e 1;:j ~ ", b> g '" ~ 8 g g ..... 1'-' .... .... '" ii!l <n i'" ~ ;:: '" OVOll Jloo 'N Slrm 3,JI,9 SIlIUI.w:lNllORllll~ ( RECEIVE SEP 2 7 2004 Interoffice MEMORANDUM City Of Meridian City Clerk Office To: Mayor De Weerd, City Council Members Cc: Brad Watson, Will Berg, Jr. From: Wm. F. Nichols Subject: Ashford Greens Drainage Area Maintenance Date: September 27,2004 I have reviewed the following documents: Stormwater Drainage Easement for Ashford Greens Subdivision No.3, Stormwater Drainage Easement for Ashford Greens No.5, and Stormwater Drainage Easement for Ashford Greens No.6. Each of the easements has attached to it, a manual for light maintenance and heavy maintenance of stormwater infiltration ponds. Each of the easements has a common provision which reads in part as follows: ".. . the Homeowner's Association will have some maintenance responsibilities to be performed at its sole cost and expense. ...the respective responsibilities shall be carried out in accordance with the terms and conditions of 'the manual for light maintenance and heavy maintenance of storm water infiltration ponds...'" In the referenced manual, light maintenance to be performed by the Homeowner's Association includes weed control, trash clean up, slope stabilization, maintenance of the pond surfaces, and mowing ofthe grass "on a regular basis to maintain a neat appearance." It is my opinion that the Ashford Greens Homeowner's Association is responsible for maintenance of these drainage areas regardless of whether they are in a common lot owned by the Association, or are on the golf course property itself. Lastly, Brad Watson furnished some photographs taken of the pertinent drainage areas. In some of those areas, it appears that there is standing water on a regular basis. As I read the manual for maintenance of these areas, it appears that ACHD has responsibility to reconstruct the drainage areas so that water does not stand in them. I recommend that Staff work with ACHD to obtain a definitive schedule for this maintenance work so that by next spring, stormwater drainage will no longer create bogs or mosquito breeding areas. RECEIVE SEP 2 7 2004 Interoffice MEMORANDUM City Of Meridia:r~ City Clerk Office To: Mayor De Weerd, City Council Members ............ ....... .. . .18:" ... ... ...... ... ...........:....:....Q.:.C2-...:.....:..f{<................::.............. .- '-.-,-,,'- - ',.- .'...., .-.- - "._"'",-," .- --,.- d;,):~~ ~::, . ..828' lJ4. .... ..... .:..<J..;l.................(..::..........t...ti ......... t:ii ....:..... ... ..... . l TCYY:'\3 . .. ... ... .......>..>~...<I.l.....C... ..~.:........:.........~ ................ .'0,.,_',---.";"- ,"_._,',u,_,_-n ...._._.,.,.._.._.... '_' .- C'-., _'. ...:. ...... ....... ..,.-;C......... ......... ..... ::-:'::-,:i-::;:.<,.::;i,-:""i;i);~.._, _.'::':,~,:} _ ::..:i,:~/_<:.::~__ _. ,:, _', ::: ':_::~___"""':;"'_'.-:- :.::;-":.:':' :::",,'::,-,,-:-:':::.:"'-';,:,::: :.:.. Cc: Brad Watson, Will Berg, Jr. From: Wm. F. Nichols Subject: Ashford Greens Drainage Area Maintenance Date: September 27, 2004 I have reviewed the following documents: Stormwater Drainage Easement for Ashford Greens Subdivision No.3, Stormwater Drainage Easement for Ashford Greens No.5, and Stormwater Drainage Easement for Ashford Greens No.6. Each of the easements has attached to it, a manual for light maintenance and heavy maintenance of storm water infiltration ponds. Each of the easements has a common provision which reads in part as follows: ". . . the Homeowner's Association will have some maintenance responsibilities to be performed at its sole cost and expense.. ..the respective responsibilities shall be carried out in accordance with the terms and conditions of 'the manual for light maintenance and heavy maintenance of stormwater infiltration ponds...'" In the referenced manual, light maintenance to be performed by the Homeowner's Association includes weed control, trash clean up, slope stabilization, maintenance of the pond surfaces, and mowing of the grass "on a regular basis to maintain a neat appearance." It is my opinion that the Ashford Greens Homeowner's Association is responsible for maintenance of these drainage areas regardless of whether they are in a common lot owned by the Association, or are on the golf course property itself. Lastly, Brad Watson furnished some photographs taken of the pertinent drainage areas. In some of those areas, it appears that there is standing water on a regular basis. As I read the manual for maintenance of these areas, it appears that ACHD has responsibility to reconstruct the drainage areas so that water does not stand in them. I recommend that Staff work with ACHD to obtain a definitive schedule for this maintenance work so that by next spring, stormwater drainage will no longer create bogs or mosquito breeding areas. September 24, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT September 28, 2004 ITEM NO. 3 REQUEST Discuss Request from Ashford Greens to Address Maintenance Agreement of Drainage Ponds AGENCY COMMENTS CITY CLERK: See previous Item Packet I Minutes 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 SERVlCE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEITlERS IRRIGATlON: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at pUblic meetings shall become property of the City of Meridian. ASHFORD GREENS OWNERS f\SSOCIATION .B I 3 W _ CherI) LlUl~. BOl< t l(i Meridian. Idaho 83642 Ri=' .r; r Tr-: iiG"'P~ ,J.......... ~ ~___ ~... ~ Jr.JL.f t:.t' ':':' 1"1 "l'/~l .'.1. ".1" H ".~:.:1 August 30, 2004 Tami DeWeerd Mayor City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 l::"UL::: 1)F'FTCE c~n' 0:;0- ~~~':::':::O'!~~ Honorable Mayor DeWeerd: We, as the Board of Directors of the Ashford Greens Owners Association, have a concem with several issues which the City of Meridian is involved. The first issue has to do with the maintenance responsibilities of six drainage ponds located on the Cheny Lane Golf Course within the Ashford Greens Subdivision. 11nee different recorded maintenance agreements are not consistent as to who is the respol1S1"le party. In May 2003, four board members and residents of Ashford Greens met with Brad Watson (Meridian Public Works Dept.) to discuss these agreements and clear up this issue. Brad told us he would have the City attorneys look at these agreements and come up with some options for resolution. Up until August 2004, we have not heard from Brad or any City attorneys. One of our board members (Kent Foster) contacted Brad in early August and was informed that they had been swamped and the City attorneys had not yet looked at our documents. The second issue that concerns us is the new ordinance the City is considering related to trespass on the Cherry Lane Golf Course. We understand that some regulations regarding trespass issues are necessary. However, we also have a concern that the needs of Ashford Greens residents adjacent to the fairways are adequately addressed and proteeted. A good example might be a resident mowing an adjacent golf coume lawn area or applying a herbicide to control the spread of weeds. We feel this should not be a violation of trespass ifthc golf course is failing to properly maint1tin their property. Your timely attention to our request is greatly appreciated. With this letter, we would like to.request some time on your City Council meeting agenda to address these items. We understand it takes some lead time to get on your agenda.. Please contactAl Musser, 4388 W. Dawson Dr., Meridian, ID 83642 (855-9195) when you have scheduled the .As.sociation on the agenda.. ~ yeP ~~ . yff v' ~CEIVED or ~:o~~.:" f:ilv Clerk Office Sincerely, BoardofDircctors Ashford Greens Owners Association Meridian City Pre-Council Meetina September 14.2004 The Meridian City Pre-Council meeting was called to order at 6:30 P.M. on Tuesday, September 14,2004 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Bill Nary, Keith Bird, Shaun Wardle and Charlie Rountree. Others Present: Bill Nichols, Brad Watson and Will Berg. Item 1. Roll-call Attendance: X Bill Nary X Keith Bird X Shaun Wardle X Charlie Rountree X Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Bird: Mr. President. Nary: Mr. Bird. Bird: I move we adopt the agenda as published. Rountree: It's been moved and seconded to adopt the agenda as published. All those in favor say aye. ALL AYES. MOTION CARRIED. Item 3. Discuss Request from Ashford Greens to Address Maintenance Aareement of Drainaae Ponds: Watson: Mr. President, Mayor and Council members I can to a certain degree. I'll give a brief background of a long, long situation, I guess. When Ashford Greens came in for preliminary plat approval I think it was 1996, maybe 1995. They had indicated on their application not real explicitly, but implicitly that there would be storm water drainage facilities on the golf course. That ended up getting approved through the courses of the six phases of Ashford Greens there have been six drainage swale/ponds built on the golf course property. The first three phases there was an easement recorded between the city and ACHD. I think the last three ponds there was an actual, not only an easement, but a three party agreement between the city, ACHD and the homeowner's association, I believe that somewhat spelled out maintenance responsibilities. The Highway District has responsibility for heavy maintenance, which really means that if they Meridian City Pre-Council Meeting September 14, 2004 Page 2 of 8 are failing they will repair them. The light maintenance responsibilities which include mowing, spraying fertilizer that sort of thing is what is at question here. I was contacted the summer of '03 by several people from the homeowners association wanting some resolution to this and as stated in the letter from the association that slipped between the cracks from (inaudible), they contacted me again this summer and I subsequently followed up with Mr. Nichols after some back and forth conversation, I think we came up with a recommendation and that recommendation and Mr. Nichols please feel free to jump in at any point on this, but I believe that recommendation was that the drainage facilities whether they are on the golf course or would have been in the lots would have been maintained by the homeowners association. By putting them on the city property where the golf course is they, the developer, was able to construct or sell a handful more lots. I think that's where our recommendation lies. This has been quite a saga for the last eight years and there is a lot more details if you have any questions, but I guess I will leave it at that unless you have more. Nary: Council, any -? Rountree: Mr. President. Nary: Mr. Rountree. Rountree: Brad, where are the three that sounds like that are in question? What are the locations? Watson: J am trying to remember the numbers at the fairways and it's been a while, so I can't remember precisely, maybe the people in the audience can more clearly identify those. Going in reverse order there is one in phase six, the last fairway before you get to the clubhouse; there is one right at the very beginning of that fairway over towards Black Cat Road; there is a rather large one just north of Tallamar when you are coming in off of Black Cat. There is another one in phase three right next to Black Cat you can see as you are driving north on Black Cat towards Midlake Drive; and then there is another one that's internal. I guess that would be the fourth or fifth fairway and there is one more that I am missing and I can't remember where it is. They are spread out. Nary: Council, shall we hear from the Board of the Ashford Green's Homeowner's Association? I assume some of these folks here are here for that purpose. Rountree: Sure. T. Brown: Do we have a specific time? Nary: No. ( Meridian City Pre-Council Meeting September 14, 2004 Page 3 of8 T. Brown: Okay. J appreciate the opportunity to be here and to give you some of our insights into the issues that we have been trying to deal with. Nary: What's your name, just for the record? T. Brown: Timothy Brown with Ashford Green's Homeowner's Board. J am the president this year. We have been for the last year and one half has assumed ownership of the board from Brighton Corporation, the developer and doing various things to try and get on top of the issue relating to our subdivision and the interchange between us and the golf course. One of these has been the maintenance and upkeep of the seepage beds, which are located on the golf course and doing these as we have tried to review the easement agreements that have been filed and recorded we have noticed that there are some inconsistencies with who specifically maintains those to date and in good faith we have been doing that on the fairways to try and maintain for our homeowner's a nice looking subdivision, but we would still like to for the record get those resolved and have specifically stated who is to maintain and upkeep the seepage beds. Whether that is Ashford Greens Homeowner's Association Board, whether that is the golf course recreation party, but we would like to get that clarified. I put a packet together and I don't have all the information I wanted to have because we were brought onto the agenda quicker than I thought we would be, but I have attached three of the easement agreements, two of which specifically indicate it's the Ashford Greens Association and/or the Cherry Lane Recreation. I don't know what entity the trailing recreation represents, if that is the golf course or --? It is? Okay. But, that is one issue that we would like the city to review and make a decision on as to responsibilities for those upkeeps and then once that is made - if that does fall back to Cherry Lane - to the Ashford Greens Association we would continue to maintain and upkeep those. But, we would like to see if that's possible to share that or have the golf course participate in that in some shape or form. Our second comment relating to the upkeep of these is in part related to our second portion of our letter that we sent in, relating to this trespass ordinance. Currently, we have most of our subdivision which backs up onto the golf course. Many of the residents there, when the course is not in functioning hours will walk on the course and do kind of relaxing type of activities on or near the course and that is a concern of ours as an association that the trespass ordinance being public ground prohibit our use of that. But, also in relation to the seepage beds, we feel that we would need to make sure that we - if we are penned to maintain these that we are not in violation of the trespass ordinance should it be approved and go into effect and that the easements would constitute one of the agreements, which is an exception to the trespass ordinance. But, these are our basic concerns and in addition to some of the general maintenance of the course, which we feel is in some cases less than adequate. This year has seemed that the course has done better than average to maintain and upkeep the general irrigation and the weeding has seemed a little bit better this year. There are still areas that we have received numerous complaints in and I have provided some photos of some of the easements where golf cart access to Meridian City Pre-Council Meeting September 14, 2004 Page 4 of 8 streets from the course pose a bit of a concern as far as visibility and as far as appearance, the weeds and the lack of any type of landscape pattern is a concern to our homeowners and to our board. I guess we would like to have the city verify and review the easement agreements for all six phases at Ashford Greens and make a finding on that in some shape or form to the effect of who is to maintain those seepage beds and upkeep those for the light maintenance portion. It's pretty specifically stated that ACHD will do the heavy upkeep on all beds, but we would like to have that from the city in writing as far as who is going to be taking care of that in the future. Secondly, we would also like to voice our opposition to the trespass ordinance as a community and as a subdivision on that course and also the issue related to the upkeep of the course, seepage beds on the course, should the trespass ordinance go into effect. I have a package here that I have put together indicating the locations of the seepage beds. I have also provided some photographs of a few of the golf cart accesses and their current condition as of yesterday verses an easement and an access to the course that we maintain. The subdivision is kept in a relatively high degree of maintenance. We do a lot of mowing and we do a lot of upkeep on the common areas of our subdivision and we would only expect that the golf course maintain similar standards to- Nary: If you want to give that to the Clerk he can make copies for us so we can get that later. Anything else? T. Brown: Those are the main issues that we wanted to present to you and hope that you would be able to expedite this for us and at least give us a course of direction. As I have said, we have done the maintenance to date on them and if that falls back in our lap again, we would just need to continue to do that, but we are hoping that the golf course would also be able to participate in that and in the event that we are responsible in the future that they are a willing participant with us in helping us get those things maintained at the peripheral areas of the course are kept up to standards that our homeowner's are maintaining their property. One last thing is there a way that we as an association can review the lease agreement between the city and the golf course? Nary: It's a public records it can come out (inaudible). There is a number of agreements, not just one, but you can come ask the city clerk tomorrow during normal business hours and file a request and they can get copies for you. T. Brown: Okay, that would be appreciated. In the future for contact and follow up on issues related to this who would best be named for that? Who would we contact for that? Nary: Follow up for what? T. Brown: Any of the information that we are looking to receive. Who would it be? Would it be given through another -- ? Meridian City Pre-Council Meeting September 14, 2004 Page 5 of 8 Nary: Probably through the Clerk's Office. T. Brown: Okay. Nary: Also, as the Clerk reminded me, some of the information on the golf course is also available on the website. So, you may be able to get a lot of the information you are seeking on the golf course from that without having to come down and ask for a record's request. You might just be able to get a lot of that from there and just print it off the website. T. Brown: Okay. Being a little naIve in how your Council works, is there an anticipated date that you would have some conclusion on the easement agreements as far as responsibility? Nary: We are going to discuss that here in just a few seconds. Council, do you have any questions for Mr. Brown? Bird: I have none. Nary: Thank you very much. T. Brown: Thank you. Nary: Sir? Hiteman: May I make a few comments? Nary: Certainly. Hiteman: My name is Dennis Hiteman. I was the first chairman of the advisory group for James Place at Ashford Greens. I have done quite a bit of investigative work with another member of our James Place community and we were one of the first ones to find out about the plat map. We found out that there is three plat maps that represent James Place and none of those plat maps mention any maintenance of the drainage ponds. There is other ones and one that is involved with James Place is the one down along Black Cat Road. The plat maps for some of the other ones - there are only two of them as I just stated, say that Ashford Greens is liable to maintain the drainage ponds. The other ones are very loosely worded. I have tried to get from the developer where the agreements are or just what they state and he has not answered my question. We feel that Tallamar Boulevard and the other streets would lead to the golf course are as much for the city benefit as they are for our benefit. We are having to maintain all the streets going into the golf course, plus the drainage ponds and that puts quite a burden on the over 55 community that live in James Place and our dues have gone up considerably. The first two years the developer paid to ( , Meridian City Pre~Council Meeting September 14,2004 Page 6 of 8 have maintenance. After that he turned it over to Ashford Greens and I think it would be pertinent for the City Council to give us a little relief or try to work it out somehow where we are not liable for all the maintenance of those ponds. Thank you for your attention. Nary: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. Nary: Did anyone else want to make any comment before we have some discussion? Council is there --? No? Okay. It sounds to me like I guess that part of the question Council is do we want Mr. Nichols to provide us some info before we take some action of any sort? That seems to make the most sense to me, but I don't know what everyone else is thinking. Rountree: Mr. President? Nary: Mr. Rountree. Rountree: Yeah, I would like some guidance in terms of what the documentation says. I don't know if any of this is covered. Apparently, some is covered on the plat; some is covered under some gentlemen agreement understanding. I don't know if any of it is covered in development agreements that pertain to the various phases of the Ashford Greens Subdivision, but I guess the comment I will make is that I don't believe that this should be a burden to the golf course operators, personally, because I don't believe they even understand the situation related to those ponds. So, I think it's something that we need to work through with the homeowner's association and ACHD to understand where those are, who owns them. I suspect the question about the cart paths - I don't believe the city owns that property, I suspect there are probably common lots, platted lots in those subdivisions. I don't know that, but if they are I assume that the subdivision is responsible for common areas and those sorts of things. So, there is a lot of questions that I have got as to who goes where with this. Wardle: Mr. President. Nary: Mr. Wardle. Wardle: I would agree. I would like to see a little more information in terms of the drainage ponds and the maintenance of those to allow us to make an informed decision. The one thing that I did hear from Mr. Brown was two other comments on different issues and I will say that comments on the maintenance of the course is an ongoing discussion that we have been having within the Council and the community and we can certainly take those comments and Meridian City Pre-Council Meeting September 14,2004 Page 7 ofa integrate those into our search for those standards. So, I didn't want you to think that we weren't taking into consideration. In addition, the trespass ordinance, we have not had our final hearing on and'we will integrate those comments and then also provide public notice for when our next hearing on that would be. We also invite everyone to come and make their feelings and their opinions known. Nary: I guess I would agree with all the comments, you know, it sounds to me that probably between the plat and the varieties of different CC&R's and the like that have come across and on Ashford Greens this is probably not the easiest thing to unravel, but I think it's still falls to you, Mr. Nichols. If two weeks is reasonable at least to get some idea of where we are at. It may not be enough to answer all the questions that have been raised today_ Nichols: Mr. President. Nary: Mr. Nichols. Nichols: Mr. President, Mayor and members of the Council, Brad furnished to me some documents that has been - I think it has been more than a month ago or thereabouts and the older I get the shorter my memory is. There are some documents that just simply don't speak to the light maintenance at all. We did not review, that I recall, CC&R's. We did not review development agreements, but about the time that Ashford Greens development was in place, historically the development agreements were not at least in our experience, what we have seen were not well done; often they were drafted by the developers, instead of the city. We can certainly look for those to see what's there, but I think the fact that these ponds got onto the golf course property and the documents I looked at didn't indicate any sign off on the part of the golf course people, would indicate that that we're not likely to find much more, but we will look. If we can get all the documents together in a week to where I can have an opinion to you by the 28th, I'll try to do that. We more or less took an equitable approach to it and that is that if subdivisions had to have put these within the subdivision, they would have to of had maintained the light maintenance on them then. So, from that standpoint, we were looking at either do it on this lot or you do it over here, sort of a thing. So, that was one. The other on the equity side we also looked at the fact that there would be more lots in the subdivision, means there is more folks to pay those dues to help offset the cost of that maintenance. So, we didn't sort of look beyond just the four corners of the documents because there wasn't a whole lot there, but we can go back and look at additional documentation. Mr. Berg can have his staff look to see what we can find for development agreements in Ashford Greens and we can contact - probably just as easy to contact a local title company for the CC&R's. Mr. Brown certainly can give us a copy of theirs, but there may be others throughout the developments and so we will see if we can ferret out some more information, but there just wasn't a whole lot to look at before. Meridian City Pre-Council Meeting September 14,2004 Page 8 of 8 Nary: Well, if anybody can put the ruebics cube back together, I think that sounds like the best thing that we can do at this juncture. Council, if it is all right then, maybe two weeks we will put this back on our Pre-Council agenda for discussion. So, if you want to come back in a couple of weeks, at least we will give you some idea of what we were thinking and what direction we think the city should take in this issue and at least give you something based on the opinions that we have from our legal counsel and our staff. I think that's the best we can do this evening at least. As Councilman Wardle said, the issue on the trespass ordinance is not before us tonight. When it is, certainly that's an opportunity to provide further input. The last draft of the ordinance might have addressed some of the concerns that you have raised, maybe not all of them, but some should be raised about access of property owners that are adjacent and their maintenance of their own properties and the like. So, some of that stuff may have been resolved, but you certainly have an opportunity to tell us that again - we are going to discuss that ordinance at some point in the future. Council is there anything else? No. Okay, then we have reached the end of our agenda. Bird: I move that we adjourn the Pre-Council. Rountree: Second. Nary: It's been moved and seconded to adjourn our Pre-Council meeting of September 14h. All those in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 6:55 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: I I DATE APPROVED TAMMY DE WEERD, MAYOR ATTESTED: WILLIAM G. BERG, JR, CITY CLERK ( RECEIVED APR 2 1 20M City Of Meridian City Clerk Office BEFORE THE MERIDIAN CITY COUNCIL C/C 03/02/04 PACKARD ESTATES DEVELOPMENT, LLC, APPLICANT IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 114.52 ACRES ) FOR PROPOSED REDFEATHER ) ESTATES SUBDIVISION NO.2) FROM RUT TO R-4 PLANNED ) DEVELOPMENT AND G-G ) GENERAL RETAIL AND SERVICE ) COMMERICAL, LOCATED ON ) THE SOUTH SIDE OF USTICK ) ROAD, :y.; MILE WEST OF ) CLOVERDALE ROAD, AND THE ) EAST SIDE OF EAGLE ROAD/SH ) 55, Y.i MaE SOUTH OF USTICK, ) MERIDIAN, IDAHO ) ) ) ) ) Case No. Az..03-021 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNG The above entitled annex.ation and zoning application having come on for public hearing on March 2, 2004, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, Becky McKay, Stokes, Carla Williams, Michelle Broadheadj Fitsroy Blecher, Bruce Mills, Kenny Bowers and Susan Cole, appeared and testified, and the City Council having duly considered the evidence and the recQrd in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEA THER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 1 OF 26 FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~9 67-6509 and 67-6511, and Meridian City Code s* 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 114.52 acres in size and is located on the south side of Us tick Road, ~ mile west of Clover dale Road, and the east side of Eagle Road/SH 55, ~ mile south of Us tick, Meridian, Idaho, all within the Area of Impact ofthe City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian . Comprehensive Plan. 4. The owners ofrecoro of the subject property are Harry' and Frances Bryson, Melvin R. and Noma E. Schrammeck Trust, Alan and Elaine Durkheimer) Melvina and Will Grant, The Ustick 36) LLC and Archie Ralph Wood, and all have submitted notarized consent for Packard Estates Development) LLC to submit the subject applications. Applicant is Packard Estates Development, LLC. 5. The property is presently zoned RUT (Ada COWlty)> and consists of a singlew family residence and vacant land. 6. The Applicant requests the property be zoned as R-4/90.29 acres (Low Density FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELQPMENT (AZ.03M021) PAGE2 OF 26 Residential) and C-G/24.23 acres (General Retail and Service Commercial). 7. The subject property is bordered to the north by Heather Meadows Subdivision, pending Kissler armexation parcel (18 acres) and a future church site, to the south by Clover Meadows Subdivision and a turf farm) to the east by Briarwood, Dawson Meadows and Redfeather Estates No. I Subdivisions, and to the west by Perkins-Brown Subdivision and undeveloped land. 8. The Applicant proposes to develop the subject property in the following manner: 302 building lots and 28 other lots on 90.29 acres. 9. The Applicant requests zoning ofthe subject real property as R-4 and C-G, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Medium Density Residential. 10. The Milk Lateral and the South Slough Drain are two scenic features that affect . the consideration of this application. 11. The City Council recognizes the concerns of the following individuals: - Sheny and Harvey Hoff (letter dated 9/12/03) - . J.P. Rolison (letter dated 9/1/03) - Charles and Josephine Altman (letter dated 9/3/03) - Fitzroy A. and Virginia. Belcher (letter dated 9/4/03) - Hal and Michelle Broadhead (letter dated 9/3/03) - Gerald J. and Cathy L. Reeves (letter dated 9/3/03) w J .R. Nishioka (letter dated 9/1103) - Wilbur K. and Barbara A. Braddick (letter dated 9/8/03) - Dan and Darlene Thompson - Robert C. Sanders (letter dated 9/10/03) - Howard and Karen Jeffries (letter dated 9/11103) - Sue Piva (letter dated 12/4/03) Michael Tyvand (letter dated 12/4/03) FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONJNG REDFEATHER ESTATES SUBDMSION NO..2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 3 OF 26 12. Giving due consideration to the conunents 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: 1. Do not require the inclusion of the one-acre Smitchger out parcel in the annexation. B. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. Removal of any existing domestic wells and/or septic systems within this project from their domestic service must be accomplished within two years of the approval of these Annexation and Zoning Findings, but it may be extended for an additional year by the City Engineer if good cause is shown, and pending development of the parcel would warrant the extension. Wells maybe used for non-domestic purposes such as landscape irrigation. 2. Prior to annexation, a Development Agreement shall be entered into between the Ci ty of Meridian and the owners of the property to be zoned C-G (H~ & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that requires any future uses ofthe property to be approved only through the conditional use pemrit process. In addition, the agreement shall include a requirement that either a public or private baokage street generally parallel with Eagle RoadlSH 55 be incorporated into the design of future site plans. A conceptual master plan demonstrating interconnectivlty, transitional uses, access points and other key land planning issues is required prior to any detailed CUP applications being submitted on either the Bryson or Schrammeck properties. The DA shalt also cite the following Comprehensive Plan policies (from Chapter VI and VII) as applicable to these same properties: Transportation Policies Applicable to the BrvsonlScbrmnmeck Annexation: . "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATlON FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (A.Z~03.021) PAGE 4 OF 26 should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. . New development should not rely on cul-de-sacs since they provide poor fire access, wa1k:abi1ity~ and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. . In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. . Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of life. The proposed off~street and multiple-use pathway systems are depicted in Figures VI-3 and VI~4. New" and existing developments should ensure that the guidelines laid out in this plan are adopted. . Eagle Road is the major northwsouth arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." Mixed Us.e Development Policies Applicable to the Bryson/Schrammeck Annexation: . "Where feasible, multi~farnily residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers an~ when the project is adjacent to State Highways 20-26, 5S or 69; . In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; . Where the project is developed adjacent to low or medium d~sity residential uses; a transitional use is encouraged," 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) with written confinnation of said approval submitted to the Public Works Department. FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ"()3-021 ) PAGES OF 26 C. Adopt the Recommendations of the Ada County Highway District as follows: 1. The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, iffunds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additional 23- feet of right-of-way along Ustick Road, and construct a minimum 5~foot wide concrete sidewalk along Ustick Road, located a minimum of 23-feet from the centerline of theright-of- way. b. Do not dedicate additional right-of~way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of23-feet from the centerline ofthe 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 Ustick Road~ located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct the main entrance, North Grenadier Way, to intersect Ustick Road approximately 370-feet east of the west property line, as proposed. This roadway shall align with an existing roadway that is located on the north side of Ustick Road. 3. Construct North Grenadier Way and East Granger Street as residential collectors~ but believes that these roadways should be constructed as 36-foot street sections with vertical curb, gutter and 4-foot detached concrete sidewalk (or a 5-foot attached concrete sidewalk). ' 4. Construct the remainder ofthe internal roadways as 36-foot street sections with rolled curb~ gutter and 5-foot attached concrete sidewalks. as proposed. 5. Extend Granger'Street from the east property line approximately 640-feet north of the south property line, as proposed. 6. Extend East Palm Street from the east property line approximately 440-feet north of the south property line~ as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 6 OF 26 7. Install swinging gate at the connection of Duane Drive and Palm Street for the present time. Construct a pedestrianfbicycle pathway that connects the improvements on Duane Drive (south of the gate) to the 24~feet of pavement that exists (north of the gate). * Duane Drive shall he a public street connection. Also, a public hearing would have to be held by the Commission ifthere was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers; agencies, etc. (per Christy Richardson's letter to AIma Powell- Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office.) 8. Construct a stub street (East Palm Street) to the west property line approximately SOD-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, tTHIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Construct a stub street tot eh south property line approximately 900-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". 10. Construct a stub street to the 5~acre out parcel that is located at the south property line, as proposed. Install a sign at the terminus of the roadway stating tfutt, "THIS ROAD WILL BE EXTENDED IN THE FUTUREII. 11. Construct a stub street to the north property line approximately lOOMfeet west of the east property line, as proposed. Install a sign at the tenninus of the roadway stating that, ITHIS ROAD WILL BE EXTENDED IN THE FUTURElI. 12. Construct a pedestrian path (rather than a stub street) that will connect this subdivision with Briarwood Subdivisionl as proposed. 13. Before a building permit is issued for lot 242, install the center turn lane on Cloverdale Road at the intersection of Clover dale Road and Granger Street if the warrants are met prior to the District's reconstruction of Cloverdale Road. 14. Coordinate the timing and the design of the right-turn radii on Ustick Road into the site at both Duane Drive and Grenadier Way with the District's Traffic Services Staff. . 15. Construct an island/median within the public right-of-way of North Grenadier Way (near the intersection of Us tick Road), as proposed. Provide a minimum of a 21-foot street section on either side of any proposed center islands within the turnarounds. Construct the island/median to be a minimum of 4- feet wide to total a minimum of a lOO-square foot FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING REDFEATIlER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 7 OF 26 area. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. . 16. Construct five cul~de-sac turnarounds without center islands within the subdivision, as proposed. Provide a minimum turning radius of 4S-feet. 17. Construct chokers on the north side of palm Street at the intersection of Duane Drive to provide for a reduced street section. 18. Vaeate the existing right-of-way, exchange the existing right-of-way, or improve the existing right-of-way within the proposed development (a portion of Granger Street and a 20-foot strip that abuts the Perkins Brown Subdivision's east property line). 19. Deter all construction traffic Duane Drive, as no construction traffic should utilize Duane Drive. 20. Other than the access point that has been specifically approved with this application, direct lot access to Ustick Road is prohibited. 21. Comply with all Standard Conditions of Approval. 22. Per Christy Richardson's letter to Anna Powell- Planning and Zoning Director, stamped: RECENED FEB 042004 City of Meridian City Clerk Office, the applicant has submitted a revised layout of some of the local streets in the intersection. The layout appears to meet the District's policies and is approved as proposoo. D. Adopt the Meridian Fire Department Recommendations as follows: The following will be the requirements and/or concerns to provide miniinum levels offire protection for the proposed project: '1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 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 which will be submitted to the Public Works Department. AU curbing in front of fire hydrants shall be painted red for 10' on each side of the installation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTThTG APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGES OF26 4. All roads 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. 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. 7. 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 setvice vehicles. The cost of this installation is to be bome by the developer. 8. It is r-equested that Duane Dr. be conneet-ed '.T,'ith full ~.vidth street t{) prm1de secondary acoess for the proj act A public street connection will be made to Duane Drive. However, the access will he restricted by a gate. The gate will allow for emergency vehicle, pedestrian and bicycle access. The Applicant shall coordinate the design of the gate with ACHD and the Meridian Fire Department. (per action of the City Council meeting of March 2, 2004.) E. . Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. The pump station at Dawson Meadows, that this project will hook up to, needs to be enlarged in order to meet the demand that will be put on it. 2. Applicant shall apply for a land use change/site application. F. Adopt the Recommendations of the Central District Health Department as follows: L This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicanfs 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNG REDFEATHERESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03~{)21) PAGE 9 OF 26 S. 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 March 2, 2004 meeting as follows: For clarification: 1. Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Ada County Highway Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public~ service proyiders, agencies, etc. (Per Christy Richardson's ofletter to Anna Powell- Planning and Zoning Director, stamped: RECEIVED FEB 042004 City of Meridian City Clerk Office.) Additionally, the Ada County Highway Commission, upon a public hearing, would then have to address the Duane Drive standards, width, sidewalks, and who would bear the expense for said improvements. At no point in time shall construction traffic, Qf extra vehicles, except the present existing surrounding homeowners, be allowed to use Duane Drive, and the existing fence, which is now in place, shall remain in place until such time as the gate can be constructed. 2. Since the most western portion of the property is to be made a part of this annex.ation which is to be rezoned to C-G, a Development Agreement shall be entered into between the City of Meridian and the owners of the property to be zoned C-G (Harry & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that woutd restrict development offuture uses for this area. The Development Agreement shall also cite the appropriate Comprehensive Plan policies (from Chapter VI and VII) as applicable to these properties. (See nmnber B.2. above for further explanation.) 3. Pertaining to the dispute over the boundary lines on Granger between the Applicant and Jim and Irma Mittleider, the Applicant resolved this situation by positioning the right-of-way further north to compensate for what the Mittleider's believe to be their property. The Applicant shall also work with the Mittleiders to work out the piping of ditches. Additionally, the Applicant stated on public record that they would be will ing to meet with the Mittleiders to go over the development plan, and to discuss any issues they may have. 4. The revised Landscape Plan shows the increased landscap~ buffer along Ustick Road to be 3S feet, which meets the entryway corridor policy of the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-03-o21) PAGE 10 OF26 13. It is found that the requested zoning designations, R-4 3l1d C-G, are harmonious with and in accordance with the effective Comprehensive Plan C02) and the Future Land Use Map~ which designates the land to be HMixed Use Regional for the proposed G-G property and Medium Density Residential for the R ~4 propertY'. 14. It is not anticipated that the applicant intends to reZOne the subject property in the future because of the proposed use in the R-4 zone (single-family) and the flexibility for future development on the C-G proposed property. 15. It is found that the proposed singlewfamily residential portion of the zoning amendment would be developed in a manner substantially consistent with the proposed R-4 zone and/or consistent with alloweable Planned Development uses. The applicant submitted a revised preliminary plat, planned development plan, and landscape plan for the R-4 single~family residential property, but a Development Agreement will need to be entered into between the City of Meridian and the owners of the property to be zoned C-G (Harry & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that would restrict development of future uses for this area. The Development Agreement shall also cite the appropriate Comprehensive Plan policies (from Chapter VI and VII) as applicable to these properties. (See number 8.2. above for further explanation.) 16. It is found that the annexation, zoning and redevetopment of parcels to the north and east of this site (within Boise City limits) to medium density residential uses are similar to the proposed use and would be compatible. Recently there have been several larger residential subdivisions, with densities similar to those allowed in the R-4 zone that nave been approved bytlie FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEA THER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-G3w021) PAGE 11 OF26 City of Boise. Providence Place, Heather Meadows Subdivision, Dawson Meadows Subdivision and Redfeather Estates Subdivision # 1 have all been approved for single-family residences in the vicinity oftbis site. An annexation and zoning application for a proposed C-G zone was approved by the Planning and Zoning Commission in September 2003 for the 18 acres immediately north of the proposed C-G property within the subject application. The arterial streets adjacent to this site, Ustick Road (between Cloverdale Road and Eagle Road) and Eagle Road are currently not included within ACHD's Five Year Work Program for roadway improvements. 17. It is found that the proposed use R-4 (single family residential) match the intended character of the vicinity. It is 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. It is also found that to ensure compa~ibility of the commercial area, a Development Agreement shall be required which will help guide appropriate and hanninous appearances in the future. The existing character of the area wil1~ and is, currently changing, especially upon build-out of the proposed project and other similar subdivisions in the general vicinity. It is found that it will not adversely change the essential character of the area. 18. It is not anticipated that the proposed residential or conunercial uses will be hazardous or disturbing to future or existing neighbors, due to other existing and proposed uses in the vicinity of the site. 19. The Meridian Fire Department submitted a list of conditions and needs in order to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 12 OF26 adequately serve the prDjec~ and said list is addressed within 12. D. hereinabove. Additionally, ACHD submitted their reqUirements',ecommendations and conditions which are addressed in 12.C. hereinabove. Water and sanitary sevl,er services are proposed to be extended from existing service I I I lines in Ustick Road and near the SOlkth Slough, via Eagle Road. 1 , I . 20. It is found that there ~i11 not be excessive additional requirements at public cost for I I public services and facilities and th*t the annexation and zoning will not be detrimental to the I community's economic welfare. The ~eveloper will be financing the exte~sion of sewer, water, local I street infrastructure, utilities and irrigttion services to serve the project. ~he primary public costs to i serve the future residents will be fire) police and school facilities and services. I i 21. It is found that the ptoposed residential and commercial zones/uses will not be ! i I detrimental to people, property or the general welfare of the area. The proposed uses on the subject I . I property will create additional traffic 9n nearby arterial roadways. Washington Group International I > prepared a traffic study for this site. As a result of the site build-out, Washington Group anticipates I that traffic on the vicinity roadways arb expected to increase as follows: traffic on U stick Road, west ! I of Duane Drive, may increase by 9~5 vpd; traffic on Ustick Road east of Grenadier Way may . I . increase by 874 vpd; traffic on Clovddale Road north of Granger Street may increase by 332 vpd; I ! traffic on Cloverdale Road south of fanger Street may increase by 905 vpd. The intersection of Ustick RoadlCloverdale Road is curJently operating at a LOS E with a delay of 56 seconds per I I vehicle. At build-out of the Redfea~er Estates No.2 site, the Ustick Road/Cloverdale Road I intersection is projected to continue op'erating at LOS E with a delayof70 seconds per vehicle. The i intersection of Clover dale RoadIFairview Avenue is currently operating at a LOS F with a delay of I I I . FlNDINGS OF FACT AND CONCLUS!ONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNG REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DE'iLOPMENT (AZ-03..Q21) : \ PAGE 13 OF 26 j I 112 seconds. At build-out of the R:edfeather Estates No.2 site, the intersection is projected to I I continue operating at LOS F with a delay of 112 seconds per vehicle. I . I It is recognized that the traffid and noise will increase with the approval of this subdivision; I i however, it is believed that the amou.bt generated will be detrimental- to . the general welfare of the I public. It is not anticipated that the p~oposed annexation and subsequent uses will create excessive I noise, smoke, fumes, glare, or odors. I I 22. ACHD has reviewed ahd recommended approval of the vehicular approach to the site I 1 , from Ustick Road. The ACHD Co~ission approved the subject application and proposed vehicle approaches. Further, the applicant is bropoSing to extend stub streets that were originally approved I I I and constructed to provide efficient aCcess to the site, limiting the amount of interference with traffic I I I on surrounding streets. Review oflthe ACHD report for this project will provide additional information. \ ! 23. A revised Landscape P~an was submitted and which Plan increased the landscaping I along Ustick Road to 35 feet, it took ~~t the very long street and created a loop. Additionally, there I will be pedestrian access from the curr~nt terminus ofBriarwood Drive to Briarwood Subdi.vision, as i I proposedt and to retain the exi.sting maple tree. All trees that are removed from this site shall be ! I mitigated in accordance with MCC 12-13-13-6. The revised Landscape Plan was approved by the I I Planning and Zoning Department. I I I The South Slough (Fmch Lateral) crosses the subject property along the southwest I comer of the proposed R~4 property. ~e Milk Lateral will be piped by the Applicant. The applicant ! is proposing to construct a 1 O~foot widf paved multi ~use pathway adjacent. to the lateral as part ofllie I ! FINDINGS OF FACT AND CONCLUSlbNS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlN"G REDFEATHERESTATES SUBDMSION NO.2 PLANNED DEV~LOPMENT (AZ~03~021) : I , PAGE 14 OF 26 development proposal for the Redfeafuer development. If all applicabl~ agency design and treatment , standards are complied with, it is found that the proposed pathway will not result in the destruction, I I I lo~s or damage of the lateral. Rathei' the proposal should enltance the lateral by allowing nearby { I residents to enjoy the feature. I I There appears to be nol other natural or scenic features of major importance in the area I that may be affected the proposed re~(meluses. , i 24. It is found that the anriexation/rezone of this property would be in the best interest I of the City. I I I 25. It is found that if the d,eveloper pays for the requested improvements \ . I an~ complies with the conditions set forth in these Findings of Fact No. 12. and all sub-parts, the I economic welfare of the City and its tesidents and tax and rate payers will be protected~ a . I I condition of annexation and zoning d~signation. 26. It is also found that th1 development considerations as referenced in Finding No. I I 12 are reasonable to require and mus~be taken into account, in order to ~ssure the proposed I ! i development is designed, constructedr operated and maintained in a manner which is harmonious , I and appropriate in appearance with t~e existing, or intended character of the general vicinity, in I 1 order to assure that the proposed use fill not change the essential character of the affected i vicinity and will insure that the propo'sed uses will not be hazardous or disturbing to the existing, I I or future neighboring usesl particu1ariy considering the impact of proposed development on i potential to produce ex.cessive traffic;: noise, smoke, fumes, glare and odors. ! CONCLUSIONS OF LAW , ! ! FINDINGS OF FACT AND CONCLUStONS OF LAW AND DECISJON AND ORDER GRANTING APPLICATION FOR ANNEXATION AND WNING REDFEATHER ESTATES I SUBDMSION NO.2 PLANNED DEV~LOPMENT (AZ-03-021) I \ PAGE 15 OF 26 1. The City of Meridian ~as authority to annex real property upon written request for annexation and the real property bein~ contiguous or adjacent to city boundaries and that said I I I property lies within the area of city irppact as provided by Idaho Code Section 50-222. The I i I Meridian City Code S 11-16 provides the City may annex real property that is within the I Meridian Urban Service Planning Aria as set forth in the City's Comprehe~ive Plan. I 2. The Council may takeljudicial notice of government ordinances, and policies, and i of actual conditions existing within tljI.e City and State. I I i 3, The City of Meridian J;1as exercised its authority and responsibility as provided by I I I "Local Land Use Planning Act of 1915", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Amended Comprehet{.sive Plan City of Meridian adopted August 6, 2002, I j Resolution No. 02-382. I I I 4. The following are foUJild to be pertinent provisions of the City of Meridian I I I Comprehensive PLan and are applicaqle to this Application: Chapter VI and Chapter VII. ! ! 5. The zoning of (R-4) r4w 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 ~e permitted except for planned residential development and public schools. The purpose of the R-4 District is to permit the establishment o flow density single-family dwellings, and i to delineate those areas where predominantly residential development has, or is likely t<;l occur in accord with the Comprehensi ve Plan of the City, and to protect the integrity of re~identia1 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 tb the Municipal water and sewer systems of the City. I i I I I i FINDINGS OF FACT AND CONCLusioNS OF LAW AND DECISION AND ORDER GRANtING APPLICATION FOR ANNEXATION AND ZONING ~DFEATHER ESTATES SUBDMSION NO.2 PLANNED DEV~LOP:MENT (AZ~03~021) ! ! PAGE 16 OF 26 I , , 6. i Since the annexation! and zoning of land is a legislative function~ the City has i authority to place conditions upon the annexation of land. 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 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 O~der= 1. The applicant's request for annexation and zoning of approximately 114.52 acres to Low Density Residential (R-4) and General Retail and Service Commercial (C-G) is granted subject to the tenns and conditions of this Order hereinafter stated. 2. The application is for annexation and "zoning of 114.52 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONWG REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ.03w021) PAGE 17 OF26 3. Developer shall he 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 of the Planning and Zoning Commission as follows: 1. Do not require the inclusion of the one-acre Smitchger out parcel in the annexation. C. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. Removal of any existing domestic wells and/or septic systems within this project from their domestic service must be accomplished within two years of the approval of these Annexation and Zoning Findings, but it may be extended for an additional year by the City Engineer if good cause is shown, and pending development ofthe parcel would warrant the extension. Wells may be used for non-domestic purposes such as landscape irrigation. 2. Prior to annexationt a Development Agreement shall be entered into between the City of Meridian and the owners of the property to be zoned C-G (Harry & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that requires any future uses of the property to be approved only through the conditional use permit process. In addition, the agreement shall include a requirement that either a public or private backage street generally parallel with Eagle Road/SH 55 be incorporated into the design of future site plans. A conceptual master plan demonstrating interconnectivity, transitional uses, access points and other key land planning issues is required prior to any detailed CUP applications being submitted on either the Bryson or Schrammeck properties. The DA shall also cite the following Comprehensive Plan policies (from Chapter VI and Vll) as applicable to these same properties: Transportation Policies Applicable to the BrysonlSchrammeck Annexation: · ~'Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNG REDFEATIIER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-D3.021) PAGE L8 OF 26 · New development should not rely on cul-de-sacs since they provide poor fire access, walkability, and neighborhood social life. New development and streets should be designed to encourage walking 31ld bicycling. · In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public: transit includes bus systems and ridesharing. By fostering such means ofWgh vehicle occupancies. congestion on roadways can be decreased. · Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality oflife. The proposed off-street and multiple-use pathway systems are depicted in Figures VI-3 and VI-4. New mid existing developments should ensure that the guidelines laid out in this plan are adopted. · Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should he protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize. adopt, and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." Mixed Use Development Policies Applicable to the BrysonlSchrammec:k Annexation: · ('Where feasible, multi-family residential uses will be encouraged. especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26; 55 or 69; · In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; · Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged. n 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, illtersecting. crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12w4- 13. Plans will need to be approved by the appropriate irrigation/drainage district~ or lateral users association, with written confirmation of said approval submitted to the Public Works Department. C. Adopt the Recommendations of the Ada County Highway District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING .A.PPLICATION FOR ANNEXATION AND WNING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 19 OF 26 1. The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, iffunds cannot be secured, the applicant shall do one of the following; a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additional 23- feet of right-of-way along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk. along Ustick Road, located a minimum of 23-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 Ustick Road, located a minimum of 23- feet from the centerline ofllie 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 Ustick Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. . 2. Construct the main entrance, North Grenadier Way~ to intersect Usnck Road approximately 370-feet east of the west property line, as proposed. This roadway shall align with an existing roadway that is located on the north side of Us tick Road. 3. Construct North Grenadier Way and East Granger Street as residential collectors, but believes that these roadways should be constructed as 36-foot street sections with vertical curb, gutter and 4- foot detached concrete sidewalk (or a 5-foot attached concrete sidewalk). 4. Construct the remainder ofllie internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks, as proposed.. 5. Extend Granger Street from the east property line approximately'640-feet north of the south property line, as proposed. 6. Extend East Palm Street from the east property line approximately 440-feet north of the south property line, as proposed. . 7. Install swinging gate at the connection of Duane Drive and Palm Street for the present time. Construct a pedestrianlbicycle pathway that connects the improvements on Duane Drive (south of the gate) to the 24-feet of pavement that exists (north of the gate). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANflNG APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO. 2 PLANNED DEVELOPMENT (AZ-03-021) PAGE20 OF 26 * Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, etc. (per Christy Richardson's letter to Anna Powell- Planning and Zoning Director, stamped: RECEIVED FEB 042004 City of Meridian City Clerk Office.) 8. Construct a stub street (East Palm Street) to the west property line approximately 500-feet north of the south property line, as proposed. Install a sign at the tenninus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTUREl1. 9. Construct a stub street tot eh south property line approximately 900-feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, "1HIS ROAD WILL BE EXTENDED IN THE FUTUREtl. 10. Construct a stub street to the 5-acre out parcel that is located at the south 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 100-feet west of the east property line, as proposed. Install a sign at the tenninus of the roadway stating that, 11TIIIS ROAD WILL BE EXTENDED IN THE FUTURE". 12. Construct a pedestrian path (rather than a stub street) that will connect this subdivision with Briarwood Subdivision, as proposed. 13. Before a building permit is issued for lot 242, install the center turn lane on Cloverdale Road at the intersection of Cloverdale Road and Granger Street if the warrants are met prior to the District's reconstruction of Cloverdale Road. 14. Coordinate the timing and the design of the right-turn radii on Ustick Road into the site at both Duane Drive and Grenadier Way with the District's Traffic Services Staff. 15. Construct an island/median within the public right-of-way of North Grenadier Way (near the intersection of U stick Road), as proposed. Provide a minimum of a 21- foot street section on either side of any proposed center islands within the turnarounds. Construct the island/median to be a minimum of 4-feet wide to total a minimum of a 100-square foot area. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA nON FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 21 OF 26 16. Construct five cul-de-sac tumarounds without center islands within the subdivision, as proposed. Provide a minimum turning radius of 4S-feet. 17. Construct chokers on the north side of Palm Street at the intersection of Duane Drive to provide for a reduced street section. 18. Vac::ate the existing right-of-way, exchange the existing right.of-way, or improve the existing right-of-way within the proposed development (a portion of Granger Street and a 20-foot strip that abuts the Perkins Brown Subdivision's east property line). 19. Deter all construction traffic Duane Drive, as no construction traffic should utilize Duane Drive. 20. Other than the access point that has been specifically approved with this application, direct lot access to Ustick Road is prohibited. 21. Comply with all Standard Conditions of Approval. 22. Per Christy Richardson's letter to Anna Powell- Planning and Zoning Director, stamped: RECEIVED FEB 042004 City of Meridian City Clerk Office, the applicant has submitted a revised layout of some of the local streets in the inte~section. The layout appears to meet the District's policies and is approved as proposed. 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. One and two family dwellings will require a fire-flow of 1 ,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protectioll will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department whi ch will be submitted to the Public Works Department All curbing in front of fire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius of28' inside and 48' outside. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNG REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 22 OF 26 5. Operational fire hydrants and temporary or pennanent street signs are required before combustible construction begins. 6. 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. 7. 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. The cost of this installation is to be borne by the developer. 8. It is requested that Duane Dr. be oonneetro with full ~;lidth s1:feot to prm:ide scoondary flCe6SS for the projeot. A public street connection will be made to Duane Drive, However, the access will be restricted by a gate. The gate will allow for emergency vehicle~ pedestrian and bicycle access. The Applicant shall coordinate the design of the gate with ACHD and the Meridian Fire Department. (Per action of the City Council meeting of March 2, 2004.) E. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows; 1. The pump station at Dawson Meadows~ that this project will hook up to, needs to be enlarged in order to meet the demand that will be put on it. 2. Applicant shall apply for a land use change/site application. F. 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. FINDllinS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPliCATION FOR ANNEXATION AND ZONlNG REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ.03-021) , PAGE23 OF 26 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 storm water management system that prevents groundwater and surface water degradation. G. Adopt the action of the City Council taken at their March 2,2004 meeting as follows: For clarification: 1. Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Ada County Highway Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, etc. (Per Christy Richardson's of letter to Anna PoweIl- Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office.) Additionally, the Ada County Highway Commission, upon a public hearing, would then have to address the Duane Drive standards, width, sidewalks, and who would bear the expense for said improvements. At no point in time shall construction traffic, or extra vehicles, except the present existing surrounding homeowners, be allowed to use Duane Drive, and the existing fence, which is now in place, shall remain in place until such time as the gate can be constructed. 2. Since the most western portion of the property is to be made a part of this annexation wDich is to be rezoned to C-G, a Development Agreement shall be entered into between the City of Meridian and the owners of the property to be zoned C-G (Harry & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that would restrict development of future uses for this area. The Development Agreement shall also cite the appropriate Comprehensive Plan policies (from Chapter VI and VII) as applicable to these properties. (See number B.2. above for further explanation.) 3. Pertaining to the dispute over the boundary lines on Granger between the Applicant and Jim and lIma Mittleider, the Applicant resolved this situation by positioning the right-of-way further north to compensate for what the Mittleider's believe to be their property. The Applicant shall also work with the Mittleiders to work out the piping of ditches. Additionally, the Applicant stated on public record that they would be willing to meet with the Mittleiders to go over the development plan, and to discuss any issues they may have. 4. The revised Landscape Plan shows the increased landscape buffer along Ustick Road to be 3S feet, which meets the entryway corridor policy of the City. 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 REDFEAlHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (Az..03-021) PAGE 24 OF 26 ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-4) Low Density Residential District and (C-G) General Retail and Service Commercial District} and Meridian City Code g 11-7~2. 5. Subsequent to the passage of the Ordinance provided forin 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 9 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 herehy notified that pursuant to Idaho Code 67-8003, the Owner may requ.est a regulator)' taking analysis. Such request must be in writingJ 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 Judidal Review may be flied. Please take notice that this is a final action ofthe governing body ofthe City QfMeridian, pursuant to Idaho Code 9 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 I Q-I1l d - day of ~/.L , 2004. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 25 OF 26 ROLL CALL COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED~ COUNCILMAN CHARLIE ROUNTREE VOTED flue-- COUNCILMAN KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) DATED: 1-/$ -t9!- MOTION: APPROVED:L DISAPPROVED: VOTED Attest: - ;; ~ William G. Berg, Jr., Ci y erk ~ ':"f . ..{~(,! '..... l':\..... _ \}.J ,~ 'III ,-vuNT'i. ,..." Ilf) \,\\\ Copy served upon Applicant, the Planning'!ilid 2.'O't1mg Department, Public Works Department and the City Attorney. B~j;;-~/)~' Dated: -I-'lI-IJ4-- Z:\Work\MlMeridian\Meridian 15360M\Redfeather Estates Sub. No.2 AZ-03-021 PP'()3-024 CUP-03-041\AZPfCI&Order.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlNG REDFEATIffiR ESTATES SUBDNISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE26 OF 26 September 24, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT September 28, 2004 ITEM NO. 5-Z REQUEST Insurance Renewal with ICRMP AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at publfc meetings shan become property of the City of MeridIan. , c. ALL AMERICAN INSURANCE, LLC RECEIVED SEP 2 4 2004 City of Meridian City Clerk Office September 24, 2004 City of Meridian Attention: Will Berg 33 E. Idaho Meridian, 10 83642 RE: Insurance Renewal Dear Will: This year we have we have marketed the City's insurance program to a number of companies in addition to ICRMP. As I am sure you know, there are relatively few markets for smaller municipalities and the coverage offered varies greatly from company to company. This is, in large part, why ICRMP was founded. The results of our marketing effort were disappointing, but not necessarily unexpected. Of the insurance companies that offer plans for municipalities, some do not write business in Idaho. Some write only cities larger or smaller than Meridian. Some simply do not respond to offers to quote, which is their way of declining. The City's loss experience is also a factor. At this time, some of the companies that typically offer coverage to cities like Meridian would offer only part of the coverage needed. In other words, they would not offer Employment Practices or Police Liability coverage. I've attached a summary of the results from companies that were likely prospects for offering coverage. It does not include those that do not write in Idaho or were non-responsive to our inquiries. As you can see, we were not able to find an insurer that would offer a better program than the one from ICRMP. Although we do not have access to every program, for instance the Trident plan from Argonaut, we are familiar with them. Typically, they do not offer the same level of coverage and services at pricing comparable to ICRMP. p.o. BOX 650 . MERIDIAN, IDAHO 83680 e PHONE (208) 888- 1465 · FAX (208) 888-6777 Page 2 I've also included a copy of this year's renewal information from ICRMP. It includes the new Split Limit policy option, which matches coverage with the Idaho Tort Liability Act. This not only limits the City's liability under the act, but also reduces the premium. We would like to meet with you next week to review and discuss the renewal. This would be a good time to go over some of the details of the City's exposures and coverage. I'll call you to see about arranging a time and will look fOlWard to meeting with you. Regards, F James Fullinwider All American Insurance, LLC Ene!. Cc: The Honorable Tammy de Weerd Companies Employers Mututallnsurance City of Meridian Commercial Insurance 2004 Marketing Summary Response Will not offer General liability. Population is too large for them National Insurance Professionals Corporation Cannot offer the limits that are request, and cannot be competative with ICRMP Hartford Insurance St. PauJlTraveJers Professional Underwriters AIG Is not a market for this type of risk. Declined to offer premium indication. Will not offer Police Professional Liablity, Public Oficials, or Employement Practices Liability Will not write the complete package. The parts they would write would be split between several companies. Ie r --:" . IDAHO COUNTIES RISK MANAGEMENT PROGRAM P. O. BOX 15249, BOISE, IDAHO 83715 UNDERWRITING PHONE: (208) 246-8213 FAX: (208) 246-8199 SIGNA TURE PAGE FOR RENEWAL CONFIRMA TION Renewal Term: October 1, 2004 to October 1, 2005 Member: City of Meridian Agent: Agency: James Fullinwider All American Ins LLC Split - Limit Policy and Idaho's Tort Liability Act A split-limit policy provides liability limits up to the $500,000 tort cap provided by the Idaho Tort Liability Act. This cap protects your public entity against claims filed under the act that are in excess of $500,000. Choosing higher limits allows your entity to be sued for higher amounts. A split limit policy will provide higher limits to protect your entity from other types of claims such as Federal and out of state claims that are not capped. ICRMP recommends a split-limit policy as a cost effective way to control the expense of protecting your public entity. Please choose one of the options below: Split-Limit Policy Member Contribution: $116,683.00 Sign here to choose a split-limit policy. Governing Board Member's Signature Date Higher Limit Policy Member Contribution: $122,824.00 Sign here to renew your current higher limit policy. Governing Board Member's Signature Date ** ** Please return to ICRMP by September 1st 7/04-ICRMP SPRC S-L 02114 ICRMP's Split-Limit Policy What is a spliMimit policy? This policy is specifically designed to protect public entities from claims filed in excess of the $500,000 tort damage cap as provided for in the Idaho Tort Claims Act. This Act limits damage claims filed against governmental entities to the maximum amount of $500,000. Our split-limit policy provides a $500,000 limit for those claims filed under the Act, and it, also, provides a higher limit for any other type of claim not covered by the Act, such as federal civil rights c!aims--hence, the name, "Split Limit". What is the advantage of a split-limit policy? Your entity's liability exposure is limited by the Idaho Tort Claims Act to $500,000 or the limits of available insurance. Buying more insurance for State tort claims increases the amount of damages for which your entity can be sued. A split-limit policy limits your liability exposure to the $500,000 capped amount. Who is protected by the Idaho Tort Claims Act? Only Idaho local governments and the State are protected by the Act. Forty-three percent (43%) of ICRMP members have chosen split-limit policies, and we expect many more to choose split-limits this year. The State of Idaho has always limit~d its insurance coverage for State tort claims to the tort cap amount. Can I obtain more information on the spliMimit policy? Your independent insurance agent and ICRMP's staff and attorneys are ready to provide a more detailed explanation of the split-limit policy and to answer all of your questions relating to split limits. Just give us a call at 1-800-336-1985. SUMMARY OF POLICY CHANGES THIS IS A SUMMARY OF THE MAJOR CHANGES TO YOUR ICRMP MULTI-LINES POLICY. NO COVERAGE IS PROVIDED BY THIS SUMMARY NOR CAN IT BE CONSTRUED TO REPLACE ANY PROVISION OF YOUR POLICY. YOU SHOULD READ YOUR POLICY CAREFULLY AND REVIEW YOUR DECLARATION PAGE FOR COMPLETE INFORMATION ON THE COVERAGES PROVIDED. IF THERE IS ANY CONFLICT BETWEEN THE POLICY AND THIS SUMMARY, THE PROVISIONS OF THE POLICY SHALL PREVAIL . General Exclusions Civil Penalties Exclusion Reduction This exclusion was amended to include Criminal Penalties as well. Contractual Liability Exclusion Reduction and Broadening Language added to exclude performance or non performance of contract terms excepting employment claims premised upon implied contracts. Course and Scope Exclusion Reduction Language added to specifically exclude personal injury or property damage resulting from an act outside the course and scope of employment. . Pollution Exclusion Reduction Statement added "or negligence resulting therefrom." to exclude negligent acts. Punitive Damages Exclusion Reduction Added the term "however characterized" to remove any ambiguity with reference to punitive damages. Page 1 of 8 rCRMP 0904SPC Policy Change Advisory Notice to ICRMP Members, Continued Page 2 Section I Property Insuring Agreements Definitions Applicable to Property InsurinQ Agreement Automobile Definition Neutral Definition of Automobile simplified and now uniform in all policy sections. Covered Property Definition Broadening Added Mobile Equipment Mobile Equipment Definition Broadening Definition of Mobile Equipment added. Like Kind and Quality Broadening Definition added to mean the sum it takes to replace your damaged or destroyed property with one of like kind and quality. Now applies to Automobiles and Mobile Equipment. Replacement Cost Broadening Definition revised and does not deduct for depreciation or obsolescence. Specific Conditions Applicable to Property Insuring Aareement Automobiles Owned by Authorized Volunteers Condition Broadening Language changed to make ICRMP the, primary coverage for authorized volunteers only while participating in search and rescue mobilizations initiated by the named insured. Valuation of Loss Broadening Clarifies that the 125% valuation provision applies only to buildings and structures. Condition includes reference to "Actual.Cash Value" "Replacement Cost" and Like Kind and Quality" defined terms. General Contents, Automobiles and "Mobile Equipment" are now specified within this condition. Page 2 of 8 rCRMP 0904SPC Policy Change Advisory Notice to ICRMP Members, Continued Page 3 Exclusions Applicable to Property Insuring Agreement Vacant Building Damage Exclusion Broadening Term of building being vacant extended to 120 days in lieu of 30 days. Excluded Property Reduction Added trees and lawns to the exclusion. Section I( General Liability and Premises Medical Payments Insuring Agreement Title Heading of Section II, Definitions, Conditions, and Exclusions Neutral The word "Comprehensive" deleted from Section II. Premises Medical Payments was added to the title to differentiate Premises Med Pay from General Liability. Definitions ApPlicable to General Liabilitv and Premises Medical Payments Insuring Agreement Automobile Definition Broadening Definition of Automobile simplified and now uniform in all policy sections. References to what is not considered an Automoblle removed. Mobile Equipment Definition Broadening Definition of Mobile Equipment repfaces definition of Mobile Agricultural Machinery. 'Specific Conditions Applicable to General Liability and Premises Medical Payments Insuring AQreement Employee Benefit liability Condition Neutral Condition removed from this section and added to Section IV Errors & Omissions Page 3 of 8 ICRMP 0904SPC Policy Change Advisory Notice to ICRMP Members, Continued Page 4 Incidental Medical Liability Broadening Condition is amended to include Paramedics and to employees providing first aid. Specific Exclusions Applicable to General Liability and Premises Medical Payments Insuring AQreement Act or Omission Outside the Course and Scope of Employment Exclusion Neutral Exclusion removed. General Exclusion for Course and Scope addresses this and now applies to all sections of the policy. Bidding Process Exclusion Reduction Exclusion added to clarify that this Section does not apply to cost overruns and the bidding process. Suits Brought by Spouse, Child, Parent or Sister Exclusion Reduction" Correction The word "sister" amended to "sibling". Planning and Zoning Activities Exclusion Reduction The phrase "regulatory takings" added under this exclusion. Last sentence added to specify that the exclusion does not to claims of monetary damages for alleged violations of due process rights. in the course of planning and zoning proceedings. Sexual Misconduct Exclusion Broadening Previous Exclusion 14 referring to sexual or physical abuse has been removed. The "Course and Scope Exclusion" under General Exclusions now governs coverage for this type of allegation. Page 4 of 8 ICRMP 0904SPC Policy Change Advisory Notice to ICRMP Members, Continued Page 5 Professional Health Care Services Exclusion Reduction The phrase "Any professional medical services by a physician or physician's assistant" was added. Also, the word "or" has been substituted for "and" after each sub- category (a through e) to permit exclusion of anyone of the listed services. Collection of Taxes Exclusion Reduction This is an added exclusion. No coverage is intended to apply to any claim for failure to collect taxes. Section III Automobile Liability and Medical Payments Agreement Title Heading of Section III, Definitions, Conditions, and Exclusions Neutral Medical Payments added to distinguish Medical Payments from Automobile Liability. Definitions Applicable to Automobile Liability and Premises Medical Payments Insuring AQreement Automobile Definition Broadening Definition of Automobile simplified and now uniform in all policy sections. Bodily Injury Definition Broadening Definition also includes civil rights violations related to law enforcement liabHity arising out of the use of an insured automobile. For example, police pursuit claims. Mobile Equipment Definition Broadening Definition of Mobile Equipment now consistent throughout the policy and replaces the definition of Mobile Agricultural Machinery. Page 5 of 8 ICRMP 0904SPC Policy Change Advisory Notice to ICRMP Members, Continued Page 6 Recreational Vehicle Definition Neutral Definition removed. Recreational vehicles used by public entities are covered under mobile equipment and Section II General Liability. Specific Conditions Applicable to Automobile Liabilitv and Medical Payments Aareement Automobiles Owned by Authorized Volunteers Condition Broadening Language changed to make ICRMP primary coverage for authorized volunteers while participating in search and rescue mobilizations initiated by the named insured. Exclusions Applicable to Automobile Liabilitv and Medical Payments Agreement Mobile Equipment Exclusion Neutral Exclusion added since coverage is provided under Section If General Liability Section IV Errors and Omissions Insuring Agreement Coverage A Neutral Changed the phrase "the policy period" to "this policy period" and added a paragraph in the insuring agreement that specifically outlines the period of time in which a wrongful act must occur and when a claim must be first made under this c!aims made coverage part. Exclusion for wrongful acts and claims first made outside this time period remains unchanged. Coverage B Broadening Insuring agreement for Errors and Omissions now includes coverage for liability arising out of the negligent computation or withholding of an employee benefit to which the employee is otherwise entitled. Page 6 of8 ICRMP 0904SPC Policy Change Advisory Notice to ICRMP Members, Continued Page 7 Definitions Applicable to Errors and Omissions Insuring Agreement Claim Definition Broadening Complaints filed with the Idaho Human Rights Commission (lHRC) and the Equal Employment Opportunities Commission have been included in the definition. First Made Definition Neutral The phrase, "but not later than the end of this Policy Period or the end of any Extended Reporting Period" was added into the definition. Exclusion for wrongful acts and claims first made outside this time period remains unchanged. Wrongful Act Definition Reduction Language added to include only torts but not contracts. Definition includes negligent performance or failure to perform a legal duty or responsibility in a tortious manner pursuant to the Idaho Tort Claims Act or premised upon allegations of unlawful violations of civil rights pursuant to Federal law. SDecific Conditions Applicable to Errors and Omissions Insuring AClreement Extended Reporting Period Condition Neutral-Correction The word "for" in the phrase "any wrongful act for such termination" has been corrected to read "any wrongful act before such termination". Interlocking Clause Condition Neutral This condition removed. The condition originally intended to limit liability to only one single or one policy involved in a claim. Already addressed in the condition of "Multiple Insureds, Claims or Claimants" as well as other appropriate places within the policy. Exclusions Applicable to Errors and Omissions Insuring Agreement Course and Scope Exclusion Neutral Course and Scope Exclusion has been added to General Exclusions applying to all coverage parts of the policy. Page 7 of 8 ICRM? 0904SPC Policy Change Advisory Notice to ICRMP Members, Continued Page 8 Estimates of Probable Costs or Faulty Bid Specifications Exclusion Neutral The last sentence was deleted because it was incorrectly inserted and did not apply to this exclusion. Planning and Zoning Activities Exclusion Reduction The phrase "regulatory takings" added under this exclusion for clarification. This exclusion is now uniform with the planning and zoning exclusion appearing in Section II General Liability. Collection of Taxes Exclusion Reduction This exclusion has been added to exclude any claim involving collection of taxes. Failure of Investments in Employee Benefit Program Exclusion Reduction Exclusion added since Employee Benefits Program investment activities are not covered under the policy. Negligence, Financial Failure or Breach of Contract by Health or Benefit Provider Exclusion Reduction Exclusion added since Employee Benefits Program financial failure, breaches of contract or provider negligence are not covered under the policy. Section V Crime Insuring Agreements Specific Conditions Applicable to Crime Insuring Agreements Coverage in Lieu of Public Officials Surety Bond Reduction The term "as outlined in Chapter 8, Title 59, Idaho Code, known as the Surety Bond Act" has been changed to "to the extent required by Chapter 8, Title 59, Idaho Code..." This change confines coverage only that which is specified within the code. Page B ofB ICRMP 0904SPC September 24, 2004 Department Reports MERIDIAN CITY COUNCIL MEETING September 28, 2004 APPLICANT Police Department - Chief Musser ITEM NO. 6-A REQUEST Recognition of Sgt. Bill Volker for 10 years with the City of Meridian 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: ra}~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the City of MeridIan. P\eosc: Vos;~tix ~Ll b\ \c- )\f Ohc e. -lnO-(\Cs~~ CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 28, 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 Steve Moore, with Cherry Lane Christian Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of September 7, 2004 Pre-Council Meeting: B. Approve Minutes of September 7, 2004 City Council Regular Meeting: C. Approve Minutes of September 14, 2004 Pre-Council Meeting: D. Approve Minutes of September 14, 2004 City Council Regular Meeting: E. Findings of Fact and Conclusions of Law for Approval: RZ 04~ 009 Request for a Rezone of 16.49 acres from R-4 to R-4, R-8 and L-O zones for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 and 2240 South Meridian Road: F. Findings of Fact and Conclusions of Law for Approval: PP 04- 023 Request for a Preliminary Plat approval for 56 building lots and 6 common lots on 18.94 acres in a proposed R-8 zone for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 and 2240 South Meridian Road: Meridian City Council Agenda - September 28, 2004 Page 1 of 5 All materials presented at public meetiogs shall become property of the City of Meridian. Anyooe 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 ~eting. ** TX" I RMAT I ON REPORT >/OJ< AS OF SEP 2S '0'[ 49 PAGE. 01 CITY OF MERIDIAN DATE TIre TO/FROM MODE MINlSEC PGS CMDII STATUS 01 09/25 12:00 3810160 EC--S 02'48" 005 202 OK 02 09/25 12:04 PUBLiC WORKS EC--S 91'37" 005 202 OK 133 09/25 12:06 2084664405 EC--S 131'37" 005 202 OK 04 9SV25 12: es 8841159 EC--S 131'36" 1305 2132 OK as 09/25 12: 10 2088840744 EC--S 131'40" 005 202 OK 06 09/25 12: 12 POLlCE DEPT EC--S 131' 37" 005 202 OK 07 09/25 12'14 8985591 EC--5 101'35" OOS 2132 OK 138 09/25 12: 16 LlBRARY EC--5 02'09" 0E15 202 OK 99 139/25 12:1992083776449 EC--S 01'35" 005 202 OK 10 09/25 12: 21 3886924 EC--S 01' 36" 005 2132 OK 11 09/25 12:23 2088886854 EC--5 01'36" 005 202 OK 12 09/25 12:28 208 895 13390 EC--S 01'36" 905 202 OK 13 09/25 12:30 12830013413 G3--5 02'07" 005 2132 OK 14 09/25 12:32 208 387 6393 EC--S 01'36" 005 202 OK 15 09/25 12:34 ADA CTY DEUELMT EC--5 01' 37" 005 2e2 OK 16 09/25 12:37 8885052 EC--S 01'36" 005 202 OK 17 09/25 12:39 CHERRY LANE G3--S 133'2e" 005 202 OK 18 09/25 12:43 IDAHO ATHLETIC C EC--S 01'37" 00S 202 OK 19 09/25 12:45 ID PRESS TRIBUNE EC--S 01'37" 005 202 OK 2e 09/25 12:48 2088886701 EC--S 01'36" OOS 202 OK ['ltOSe. lOSt i1X' ru.'O\H.... I....Un.~c... -lfllJ-H<-$~: CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 28, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: _ Shaun Wardle _ Bill Nary Charlie Rountree Keith Bird _ Mayor Tammy deWeerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Steve Moore, with Cherry Lane 'Christian Church: 4. .Adoption of the Agenda: 5. Consent Agenda: .1\. Approve Minutes of September 7, 2004 Pre-Council Meeting; B. Approve Minutes of September 7, 2004 City Council Regular Meeling: C_ Approve Minutes of September 14, 2004 Pre-Council Meeting: O. Approve Minutes of September 14, 2004 City Council Regular Meeting: E. Findings of Fact and Conclusions of Law for Approval: RZ 04- OD9 Request for a Rezone of 16.49 acres from R-4 to R-4, R-8 and L -0 zones for Larkspur Subdivision by Larkspur, lLC - 2090, 2190 and 2240 South Meridian Road: F. Findings. of Fact and Conclusions of Law for Approval: PP ()4.. 023 Request for a Preliminary Plat approval for 56 building lals and 6 common lots on 18.94 acres in a proposed R-8 zone for Larkspur Subdivision by larkspur, lLC - 2090, 2190 and 2240 South Meridian Road: Jo.Ioridi>n CIty c-.il A,p;..<la - s"pkmb...Zf, 1004 POll" 1 or s A!l_..w. __doll"'lilic =ctlnp ob>lI be...... P"'l""'YO{~C;.yorMeridioll. ADyooc dcoiri"6_...1ot~ioo.. roUloil... ~ 0Dd'... boorio!ls pi.... <<>llIlIa tII. City Clnk', Olli.. a.l SS8-4433 ... Lrut48 bowo 1"'" to..... pIlbli< "",rting. ( ** TX [RMATlON REPORT ** AS OF SEP 29 '0<\ .04 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIWSEC PGS CMDIl STATUS 12 09/2$ 23:1638113160 EC--S 03'09" 006 232 OK 13 139/28 23: 19 PUBLIC WORKS EC--S 01'50" 006 232 OK 14 09/28 23:22 12084664405 EC--S 131'53" 006 232 OK 15 09/28 23:24 8841159 EC--S !a1'51" 006 232 OK 16 09/2823:25 20888413744 EC--S 01'55" 006 232 OK 17 09/28 23:29 POLICE DEPT EC--5 131'51" 005 232 OK 18 09/28 23:31 89855131 EC--S !a1'49" 006 232 OK 19 09/28 23: 33 Ll BRJ:IRY EC--S 02'27" 006 232 OK 20 09/28 23:35 921383776449 EC--5 01'49" 006 232 OK 21 09/2$ 23:39 3885924 EC--S 01 '513" 006 232 OK 22 09/28 23:41 2088886854 EC--S 01'49" 006 232 OK 23 09/28 23:43 208 89S 03913 EC--S 01'49" 006 232 OK 24 09/28 23' 46 2el8 381 6393 EC--S 01'49" 006 232 OK 25 09/28 23:48 ADA CTY DEUELMT EC--S 01' 51" 006 232 OK 26 09/28 23: 51 88851352 EC--5 01'50" 006 232 OK 27 09/2$ 23: 53 CHERRY LANE 03--5 03' 48" 006 232 OK 28 09/28 23: sa IDAHO ATHlET I C C EC--S 01'52" 006 232 OK 29 09/29 013:130 ID PRESS TRIBUNE EC--S 01'51" 006 232 OK 30 09/29 00'03 2el888867i:ll EC--S 01'51" 006 232 OK ----------------------------------------------------------~--------------------------------- Revised 9-27-04 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 28, 2004 at 7:00 p.m. City Council Chambers / 1. Roll-call Attendance: X Shaun Wardle -L Bill Nary --x:-- Charlie Rountree ')C Keith Bird - --K-.. Mayor Tammy de Weerd 2. Pledge of Allegiance: a-I /Zd,,'~ ;..(""7- 3. Community Invocation by Pastor Steve Moore, with Cherry lane Christian Church: ~~O<- 4. Adoption of the Agenda: 6'1"fn"-"'"'-' 5. Consent Agenda: A. Approve Minutes of September 7,2004 Pre-Council Meeting: ~ B. Approve Minutes of September 7, 2004 City Council Regular Meeting: ~v.L. C. Approve Minutes of September 14, 2004 Pre-Council Meeting: ..p"n........- D. Approve Minutes of September 14, 2004 City Council Regular Meeting; ~""-' E. Findings of Fact and Conclusions of Law for Approval: RZ 04. 009 Request for a Rezone of 16.49 acres from R-4 to R-4, R.B and L-O zones for Larkspur Subdivision by Larkspur, LLC - 2.090, 2190 and 2240 South Meridian Road: ~ F. Findings of Fact and Conclusions of Law for Approval: PP 04- 023 Request for a Preliminary Plat approval for 56 buitding lots and 6 common lots on 18.94 acres in a proposed R-8 zone for Larkspur SUbdivision by Larkspur, LLC - 2090, 2190 and 2240 South Meridian Road: ~of'oV Moodi.. Cily Coun:;1 A8tnda Sep(<mb<r 28, 2004 f.~. I "f5 An m3ltrl;ib: pro=nrcd !IfplJb!jc rnerling..1 shall b-cco,ne prtlpert'loftheC,t:'j'.(\f'Mtridi..,u. An:,t\\M: dcsirint ~.;ammod"'D.on rordj;sabjlili~ rda.lc:.d 10 dClCUIllCnl5:.1n.d!Of hcmin.l.:~ flrl;'3~CQ{\t;J,c1 the City Cktk', Office- at 888-44.33 3r I~![ 48 ho~lC~ prior 10 the: public nlo:tint. G. Findings of Fact and Conclusions of Law for Approval: CUP 04-025 Request for a Conditional Use Permit for a mixed use Planned Development consisting of single family residential, assisted living and office uses with reductions to the minimum requirements for lot size and street frontage for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 and 2240 South Meridian Road: H. Findings of Fact and Conclusions of La':: for ApprO'.,~I: RZ 04- 008 Request for a Rezone of .23 acre from R 8 to proposed 0 T zone for Larry Knopp by Larry Knopp 713 North Meridian Road: OMIT I. Findings 9f Fact and ConGlusions of Lw:: f-or Appro'./al: CUP 04 019 Request for a Conditional Use Permit for a roro;1 and professional office use in an existing building in the proposed 0 T zone for Larry Knopp by Larry Knopp 713 North Meridian Road: OMIT J. Findings of Fact and Conclusions of lcwJ for Appro'.~I: CUP 04020 Request for a Conditional Use Permit for a pharmacy in an L 0 zone for Medicap Pharmac', by Larry Knopp east of North Ten Mile Road on north side of 'Nest Cherry Lane: OMIT K. Findings of Fact and Conclusions of Lw:": for Appro\~I: \lAC 04 005 Request for a V{lcation of side yard utility and irrigation easements on Lots 43 15, and Lots 88 91, Block 23, Ashf~rd Greens Subdi':ision No. 2 by Brighton Corporation east of North Black Cat Road nnd south of V\~st Ustick Roae: OMIT L. Findings of Fact and Conclusions of Lw.... for ApprO'_lal: RZ 04 010 Request for a Rezone of .68 acre from R '1 to an 0 T zone for Mittleider R-ez~ne by Leon Smith 125 'Nest Cherry Lane and 1645 VVest 1st Street: OMIT M. Findings of Fact and Conclusions of Law f~r Appro'..~I: MI04 007 Miscellaneous request for an administrati'.(e lot split of unplatted ground for Ronald 'Jan Auker by Ronald Van J\uker northeast corner of Franklin Road and Gaudians Avenue: OMIT N. Findings 9f Fact and Conclusions of Lw:: for Appro'fal: CPA 04 002 Request for Text J\mendment to allow applicants to request an L 0 zoning in areas designated as residential which are located along arterial streets and section line roads and also allo'l/ applicants to request that property with a Public/Quasi Public designation to be rezoned to a zoning district that is compatible with Meridian City Council Agenda - September 28, 2004 Page 2 of 5 All materials presented at public meetings shall become property oftbe 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. adjoining zoning districts and land uscs upon redevelopmont of the property by iRe City of Meridian Planning and Zoning Department: OMIT o. Resolution No. Waste Collection Rates: Amendment to Solid P. Public Pathway Easement for Glacier Springs Subdivision by Tuscany Development: Q. Locust Grove Utilities Change Order #1 with Civil Survey in Conjunction with ACHD: R. Overland Road - Water & Sewer In Conjunction with ACHD with Civil Survey: S. Eagle Road - Water & Sewer In Conjunction with ACHD with Civil Survey: T. Ten Mile Road Waterline Latecomer Agreement with Lochsa Falls, LLC: U. Cross site Sewer Extension Latecomer Agreement with Lochsa Falls, LLC: V. Development Agreement: AZ 03..()21 Request for reconsideration for annexation and zoning of 114.52 acres from RUT to R-4 (PO) and C-G zones for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: W. Findings of Fact and Conclusions of Law for Denial: AZ 04- 017 Request for Annexation and Zoning of 29.69 acres from RUT to R-4, C-N and L-Q zones for proposed Leeshire Subdivision by SWI Associates, LLC- 5603 N. Locust Grove Road: X. Findings of Fact and Conclusions of law for Denial: PP 04- 024 Request for Preliminary Plat approval for 89 building lots and 20 common lots on 29.69 acres in proposed R4, C-N and L-Q zones for proposed Leeshire Subdivision by SWI Associates, LLC - 5603 N. Locust Grove Road: Y. Findings of Fact and Conclusions of law for Denial: CUP 04- 026 Request for a Conditional Use Permit for a mixed use Planned Development consisting of single family residential and commercial/office uses with reductions to the minimum requirements for lots size, side yard setbacks and minimum street Meridian city Council Agenda - September 28, 2004 Page 3 of 5 All materials presented at public meetings shall become property ofthc City ofMeridiJ1JL Anyone desiring accommodation fer disabilities related to documents and/or hearings please contact the City Clerk's Office lit 888-4433 at least 48 OOIIDl prior to the publio meeting. frontage for proposed leeshire Subdivision by SWI Associates, LLC - 5603 N. Locust Grove Road: 6. Department Reports: A. Police Department - Chief Musser 1. Recognition of Sgt. Bill Volker for 10 years with the City of Meridian: 7. (Items Moved from Consent Agenda) 8. FP 04-058 Request for Final Plat approval of 79 single-family residential building lots and 9 common lots on 16.3 acres in an R-8 zone for Sutherland Farm Subdivision No.4 by Sutherland Farm, Inc. - east of South Eagle Road and south of East Overland Road: 9. Continued Public Hearing from August 24, 2004: Trunk line Water & Sewer Assessment. Connection and Miscenaneous Fee Proposal: Continue 10. Public Hearing: CUP 04..027 Request for a Conditional Use Permit for a daycare facility for up to 150 children in a C-G zone for Primary Colors Daycare by Primary Colors, Inc. - east of South Eagle Road and south of East Overfand Road: 11. Public Hearing: CUP 04-030 Request for a Conditional Use Permit for a gymnastics center in an I-L zone for Danik Gymnastics by Viktor Danilovitch - 345 South Adkins Way: 12. Public Hearing: CUP 04..031 Request for a Conditional Use Permit for a retail candle and gift shop in an 0- T zone for Kathy Hinshaw (Aromatic Sensations) by Kathy Hinshaw -128 East Pine Avenue 13. Public Hearing: VAR 04-005 Request for a Variance to the minimum parking requirements for a retail use in an 0- T zone for Kathy Hinshaw by Kathy Hinshaw-128 East Pine Avenue 14. Public Hearing: AZ 04-019 Request for Annexation and Zoning of 64.48 acres from RUT to R-8 zone for proposed Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan on North Meridian Road: 15. Pubic Hearing: PP 04-026 Request for Preliminary Plat approval for 234 single.family residential building lots and 16 common lots on 64.48 acres in a proposed R-8 zone for proposed Ventana Subdivision by G.l. Voigt Meridian City COUQcil Agenda - September 28, 2004 Page 4 of 5 All materials ptesen1ed at public meetings shall become property of the City of Meridian.. Anyone desiring lICcommodation for disabilities related to doCllIllelIts and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Development Company - north of West McMillan Road on North Meridian Road: 16. Pubic Hearing: CUP 04-028 Request for a Conditional Use Permit for a mixed use Planned Development consisting of single family residential lots with reductions to the minimum requirements for lot size, street frontage (including cul-de-sacs) and request to exceed the maximum block length allowed for proposed Ventana Subdivision by G. L. Voigt Development Company - north of West McMillan Road on North Meridian Road: 17. Tabled from September 21,2004: Ordinance No. AZ 03..036 Request for Annexation and Zoning of 19.7 acres from RUT to R-8 zones for proposed Salisbury Subdivision No.2 by Earl, Mason & Stanfield, Inc. - south of West Ustick Road and west of North Meridian Road: 18. Ordinance No. : AZ 04-014 Request for Annexation & Zoning of 30 acres from RUT to R-8 zone for proposed Sienna Creek Subdivision by Sagewood Development, Inc. - north of West Ustick Road and east of North Linder Road: 19. Ordinance No. AZ 03-021 Request for reconsideration for annexation and zoning of 114.52 acres from RUT to R-4 (PO) and C-G zones for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: Meridian City Council Agenda ~ September 28, 2004 Page S of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/oc bearings please cPntact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. BEFORE THE MERIDIAN CITY COUNCIL C/C September 28, 2004 IN THE MATTER OF THE ) APPLICATION OF SUTHERLAND ) FARM, INC FOR APPROVAL OF 79 ) SINGLE-FAMILY RESIDENTIAL ) BUILDING LOTS AND 9 COMMON ) LOTS ON 16.3 ACRES IN AN R-8 ) ZONE LOCATED EAST OF SOUTH ) EAGLE ROAD AND SOUTH OF ) EAST OVERLAND ROAD IN A ) PORTION OF THE SOUTHWEST ~ ) T. 3N., R.IE., SECTION 21 ) ) ) CASE NO. FP-04-058 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter corning before the City Council for Final Plat approval pursuant to Meridian City Code ~ 12-3-7 on September 28, 2004, and the Council finding that the Administrative Review is complete from Sonya Allen, Assistant City Planner for the Planning and Zoning Department, and Bruce Freckleton, Senior Engineering Teclmician for the Public Works Department, dated: Hearing Date: September 28,2004, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLA T SHOWING SUTHERLAND FARM SUBDIVISION NO.4 IN A PORTION OF THE SOUTHWEST ~ OF T. 3N., R. IE., SECTION 21, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2004, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUTHERLAND FARM SUBDIVISION NO.4! (FP-04-058) Page 1 of4 HANDWRITTEN DATE: 08/03/04, SHEET 1 OF 3, J-U-B ENGINEERS, INC.", SUTHERLAND FARM, INC., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Allen Assistant City Planner for the Plmming and Zoning Department and Bruce Freckleton, Senior Engineering Technician for the Public Works Department, dated: Hearing Date: September 28, 2004, listing 13 SITE SPECIFIC REQUIREMENTSIFINALPLA T and 11 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the additional comment from City of Meridian Parks Department, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this 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. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUTHERLAND FARM SUBDNISION NO.4 / (FP-04-058) Page 2 of 4 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. ,"\ 9th By action of the City Council at its regular meeting held on the dO day of Str+ln'l6f'V' , 2004. Attest: , ; i ), \~' . ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUTHERLAND FARM SUBDIVISION NO.4 / (FP-04-058) Page 3 of 4 By: ,~ ~^ a a J'I\.J City Clerk's Office Dated:-----1D..:J4--04 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SUTHERLAND FARM SUBDNISION NO.4! (FP-04-058) Page 4 of4 /- MAYOR Tanuny de Weerd oU;;;;dltrH IDAHO .~" .~! '.1 t ~j Jl b /" CITY HALL (208) 888-4433 - Fax 887-4813 PUBUC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 898-9551 CITY COUNCIL MEMBERS Keith Bird William L.M. Nary ShaUll Wardle Charles M. Rountree LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 SUlCE , 1903 STAFF REPORT: Hearing Date: September 28, 2004 To: Mayor, City Council and Planning & Zoning Commission Sonya Allen, Assistant City Plannefl:fll ~ Bruce Freckleton, Senior Engineering Tech. ~ From: Re: Sutherland Farm Subdivision No.4 · Request for Final Plat Approval of 79 Attached Single-family Residential Building Lots and 9 Common Lots on 16.3 Acres in an R-8 Zone for Sutherland Farm Subdivision No.4, by Sutherland Farm, Inc. (File No. FP- 04-058) 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 SUl\1MARY & LOCATION The applicant, Sutherland Farm, Inc., has requested approval for the fourth phase of Sutherland Farm Subdivision. This phase consists of 79 single-family residential building lots and 9 common area lots on 16.3 acres in an R-8 zone. The gross density of Phase No.4 is approximately 3.29 dwelling units/acre. The net density is approximately 5.83 dwelling units/acre. Sutherland Farm Subdivision No.4 is located approximately ~ mile east of S. Eagle Road and Y2 mile north ofE. Victory Rd. on the north side ofE. Easy Jet Drive (E. Girdner Ln.) in the SW ~ of Section 21, T.3N., R.1E. A Conditional Use Permit was approved for this phase that allowed reductions to the minimum requirements approved under the previous Conditional Use Permit (CUP-02-005) for front yard setbacks (lO-feet for living areas & side entry garages, 20-feet for front entry garages), lot size (3,400 s.t. for attached dwellings), and minimum lot frontages (34-feet for attached dwellings). Exhibit "A" Mayor & City Council Hearing Date: September 28, 2004 Page 2 of5 The final plat that was submitted substantially complies with the approved Preliminary Plat. One lot on the east side of Block 14 was shifted to the north along E. Quin Drive. Staff has no objection to this change since the number of lots stayed the same. Staff recommends approval of the fourth phase of Sutherland Farm Subdivision with the comments and conditions stated in this report. SITE SPECIFIC REQUIREMENTS/FINAL PLAT 1. Applicant shall meet all terms of the approved Rezone (RZ-04-006), Preliminary Plat (PP-04-009), Planned Development (CUP-04-009), and Development Agreement (lnst. #102143307). 2. The pressurized irrigation system within this development is to be owned and maintained by the Nampa & 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 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. 3. Fencing shall be restricted to 4-feet in height on all building lots in Block 14 where they are contiguous to Lot 7 in compliance with MCC 12-4-10 and 12-13-15-9 and Conditional Use Permit Finding #3, page 4. 4. Sanitary sewer service to this site shall be via mainline extension from main lines installed in previous phases. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Each lot within this subdivision shall be subject to paying sanitary sewer latecomers fees with the issuance of building permits. 5. Municipal water service to this site shall be via main line extensions from main lines in previous phases. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Each lot within this subdivision shall be subject to paying water latecomers fees with the issuance of building permits. 6. 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. 7. Complete recording information on the face of the plat for Sutherland Farm Sub. NO.3. FP-04-058 Exhibit" A" Sutherland Fatm Sub4 FP.doc Mayor & City Council Hearing Date: September 28, 2004 Page 3 of5 8. Complete the Certificate of Owners and its accompanying Acknowledgement. 9. Please clarify the relationship to the subdivision boundary of the Lot 1, Block 15 detail. 10. The sum of the segments along the west side of Lots 73-76 and 88, Block 11 don't equal the corresponding overall distance shown. Please make the appropriate adjustments. 11. Please revise the Landscape Plan dated 6/15/04, prepared by Tamura & Associates as follows: a. Show contours for all storm drainage swales. b. Five-foot pathways/micropaths are required to be paved. The symbol used for grasscrete appears to match these areas, please clarify/change symbol. c. Define the hatch marks shown along the pathway adjacent to the Ridenbaugh Canal (must be grass or bark with shrubs). d. Include proposed fencing on Landscape Plan as submitted by Daren Fluke, J-U-B Engineers on 9/23/04. 12. Please add or revise the following plat notes: a. Revise note #1 to read: "Building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable zoning regulatiol15 of the City of Meridian, Idaho. Title 11 and Title 12 of the Meridian City Code unless otherwise modified by Conditional Use Permit (CUP-04-009), which allowed for reductions in lot size, front yard setbacks, and street frontage. " b. Note #11: Complete recording information. 13. Staffs failure to cite specific ordinance provisions or terms of the approved Rezone, Preliminary Plat, Conditional Use Pennit or Development Agreement does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS I. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. FP-04-058 Exhibit "A" Sutherland Farm Sub4 FP.doc Mayor & City Council Hearing Date: September 28, 2004 Page 4 of5 3. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to applying for building permits. All development improvements, including fencing, micro-paths, irrigation, and landscaping shall be installed and approved prior to obtaining certificates of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pressurized inigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. Two-Hundred-fifty watt (250w) and One-Hundred watt (lOOw), high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. Street light contractor to obtain design and permit from the Public Works Department prior commencing installations. 5. 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. 6. Submit "Pinal" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 7 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. 8. Coordinate fire hydrant placement with the City of Meridian's Water Deputy Fire Chief and the Public Works Department. 9. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. Sidewalks are to provide a clear five-foot-wide walkway pathway without encroachment of mailbox structures. 10. All development shall comply with the Americans with Disabilities Act and the Pair Housing Act. 11. No building permits shall be issued within the development until a final plat has been recorded for this subdivision. RECOMMENDATION Staff recommends approval of the final plat for Sutherland Parm Subdivision No.4 with the above stated comments and conditions. FP-04-058 Exhibit "A" Sutherland Fann Sub4 FP.doc Mayor & City Council Hearing Date: September 28, 2004 Page 5 of5 FP-04-058 Exhibit" A" Sutherland Fann Sub4 FP.doc September 24, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT September 28, 2004 ITEM NO. 5-U REQUEST Cross Site Sewer Extension latecomer Agreement with Locahsa Falls. lLC 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 / Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeHngs shall become property of the City of Meridian. RECEIVED CitY of Meridian Public Works Dept. SEP 2 3 2004 City Of Meridian City Clerk Office Memo To: Mayor De Weerd & City Council From: Brad Watson, P.E. cc: File, Doug Strong, City Clerk Date: 9/23/04 Re: September 28, 2004 City Council Meeting Agenda Item The Public Works Department requests that the item below be considered on September 28 City Council agenda, on the Consent Agenda, for Council's consideration. 1. Ten Mile Road Waterline Latecomer AGreement with Lochsa Falls, LLC. This standard latecomer agreement is for a 12-inch water main constructed in Ten Mile Road to serve Lochsa Falls Subdivision but provides water service to other adjacent properties. Recommended Council Action: Approve the Ten Mile Road Waterline Latecomer Agreement with Lochsa Falls, LLC, and authorize the Mayor to sign and City Clerk to attest. ~ 2. Cross-site Sewer Extension Latecomer AGreement with Lochsa Falls, LLC. This standard latecomer agreement is for a 24-inch sewer main constructed from Ten Mile Road to Linder Road across the Lochsa Falls Subdivision. It provides sewer service to an extensive area of other properties. Recommended Council Action: Approve the Cross~site Sewer Extension Latecomer Agreement with Lochsa Fallsl LLC, and authorize the Mayor to sign and City Clerk to attest. Thank you for your ~LJ . Page 1 CROSS-SITE SEWER LINE EXTENSION LOCHSA FALLS LLC LATE COMERS AGREEMENT This Agreement made and entered into this _ day of , 2004, by and between LOCHSA FALLS LLC, an Idaho Limited Liability Company, hereafter referred to as "Lochsa", and the CITY OF MERIDIAN, hereinafter referred to as "City." WITNESSETH: WHEREAS, the City limits extend East of Ten Mile Road, but prior to this Agreement and the construction referred to herein, such area was not provided sewer service by the City; and WHEREAS, Lochsa constructed a sewer line from an existing sewer line in Ten Mile Road and east to Linder Road, as shown in "Exhibit A", which sewer line is able to provide service to land north of McMillan Road, east of Ten Mile Road to the land shown in Exhibit "A" which is attached hereto and by this reference incorporated as if set forth in full; that the Total Service Area is approximately 1,681.84 acres which, if developed under the land use density projections shown on Exhibit "B", which is attached hereto and by this reference incorporated herein as if set forth in full, with land use densities shown on Exhibit "B", there would be 4,389 equivalent residential units (ERU) in the 1,681.84 acres; and WHEREAS, The Lochsa properties collectively consist of 704 ERU; that on the land not included in Lochsa's subdivision, there could be 2,863 ERU; and WHEREAS, the sewer line constructed by Lochsa will benefit land other than only the Lochsa Properties; that the land that can be served by the said sewer line is shown in Exhibit "A"; that the developable land that can be served by the sewer line could contain 4,389 ERU's; that the existing developed areas that eventually connect to the sewer line serviced by the City will be subject to the late comer fees described herein; that 63.09% of the land not included the Lochsa Properties would be developed in ten years, the term that a late comers Agreement is allowed to run, and CROSS-SITE SEWER LINE LATE CO:rvffiRS AGREE:rvffiNT Page 1 WHEREAS, the total cost of constructing the said sewer line borne by Lochsa was, $320,952.63; whereas the sewer line will benefit the Lochsa Properties which could contain 704 ERU's, or 16.04% of the total area to be benefited by the construction of the sewer line; therefore the cost to Lochsa to construct the sewer line to and through the Lochsa Properties would be $51,474.25; that by subtracting this amount as the total Lochsa's cost share, the total cost to all late comers is $269,478.38; and then dividing by 63.09% of the remaining number of ERU's that could be served by the sewer line; and then adding 10% for City Administration Cost, there should be a late comers fee of $127.50, plus interest, per ERU as shown in Exhibit "COO; and WHEREAS, Section 9-4-19 of the Sewer Ordinance provides that the City may enter into sewer line extension and reimbursement agreements and that section further provides that sewer users who subsequently connect to the extended sewer line(s) shall be charged an eight (8) inch diameter sewer line equivalency fee; said fees are in addition to the connection and user charges normally assessed a user due to the fact the user has not contributed to the cost of the extended line; the above fee is hereafter referred to as "Late Comer Fee"; the above ordinance section provides that the late comers fee may be used to reimburse the person or persons so extending the sewer line(s). VlHEREAS, pursuant to Section 9-4-18 of the Sewer Ordinance, the City is required to charge a Sewer Construction Equivalency Fee to any person or property owner who has not otherwise paid for, or contributed proportionately toward the costs and expenses of constructing a sewer line, whether that construction has been perfonned by the City, a local improvement district or a private entity, or combination thereof, and who subsequently desires to connect to the City sewer system, shaU be required to pay an additional connection charge which shall be known and referred to as the "Sewer Construction Equivalency Fee", NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The above recitals are contractual and are incorporated herein as if set forth in full. CROSS-SITE SEWER LINE LATE COJ:vfERS AGREEJ:vfENT Page 2 2. That Lochsa has paid or will pay for engineering, planning and construction ofthe sewer line shown in Exhibit "A", and which will benefit the land also shown in Exhibit "A". 3. Lochsa has contributed or will contribute $320,952.63 to total construction costs of the said sewer line, ofwmch Lochsa is entitled to be reimbursed the sum of $269,478.38 plus interest, which represents land that would be served by the sewer line but is not included in the Lochsa Properties. 4. That for all land in Exhibit "A" subsequently connecting to the sewer line referred to in Exhibit "A", except the land in the Lochsa Properties, the City will charge the sum of $127.50 plus interest, per ERU as sho\V1l in Exhibit "C"; such users shall hereafter be referred to as "LATE COMERS"; that the charge is the sewer construction equivalency fee authorized in 9- 1-12 and established by this Agreement, which fee shall herein be referred to as "LATE COMERS FEE"; the fee is in addition to any other sewer charges for connection to the sewer system; the computation of the Late Comers Fee is shown on Exhibit "C" attached hereto and by this reference incorporated herein. 5. That all the late comer fees assessed above in Paragraph 4 shall be set aside and deposited to a special account to be designated the CROSS-SITE SEWER EXTENSION PROJECT REIMBURSEMENT ACCOUNT" and shall reflect interest at a rate of 6% to be accrued on the unpaid balance once a year at the City's Fiscal Year End (9/30) each year for the term of the agreement, and shall be distributed quarterly to Lochsa. 6. That the late comer fees assessed, which will go into the CROSS-SITE SEWER EXTENSION PROJECT REIM:BURSEl\iENT ACCOUNT, shall increase at a rate of 6% per annum as shown in Table 1 of Exhibit "C". 7. That the late comer fees shall be collected by the City from all users subsequently connecting to the sewer line shown in Exhibit "A" for the land also sho\V1l in Exhibit "A", except the land in the Lochsa Properties. 8. That the City shall charge the CROSS-SITE SEWER EXTENSION PROJECT REIMBURSEl\iENT ACCOUNT the 10% fee as authorized under 9-1-13, which is already calculated into the amounts set forth in Exhibit C. CROSS-SITE SEWER LINE LATE COMERS AGREEMENT Page 3 9. That the City shall have prepared on an annual basis an audit of all funds collected pursuant to this Agreement, which audit shall coincide with the general audit of the City; that the cost of this audit shall be paid by the City as part of its administrative costs. 10. It is agreed that the sewer line(s) referenced in Exhibit "A" is the property of the City and shall henceforth be maintained by the City at its sole cost and expense. 11. The tenn of this Agreement shall be until Lochsa has been reimbursed the principal sum of $269,478.38, plus interest, as determined in Paragraph 6 or, if this is not achieved, for a period of ten (10) years, or until such time the sewer line described herein is abandoned. If Lochsa has not been reimbursed the principal sum plus interest less administrative fees after ten (10) years from the date of this Agreement, the Agreement may be renewed by mutual Agreement of the City and Lochsa, at such time as the City ordinance allows for extension of a ten year time frame. If the City does not amend this ordinance, then this agreement shall have a ten year life span. 12. This Agreement shall be binding on the assigns and successors of the parties hereto. DATED this day of , 2004. BY: CITY OF MERIDIAN ATTEST: TA1vfi\.1Y DE WEERD, MA YOR Approved By City Council the day of WILLIAM G. BERG, JR., CITY CLERK , 2004. (corporate seal) Lochsa, LLC. BY~.~ Marty 0 dsmith, Member CROSS~SITE SEWER LINE LATE C01v1ERS AGREE1v1ENT Page 4 STATEOFIDAHO ) }ss. County of Ada, ) On this _ day of ,2004, before me, the undersigned, a Notary Public in and for said State, personally appeared T AMJ\1Y DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the CITY OF MERIDIAN executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at Commission Expires: STATE OF IDAHO ) }ss. County of Ada ) On this ~ day of S('~+{'M be..r- , 2004, before me, the undersigned, a Notary Public in and for said State, persona ly appeared MARTY GOLDSMITH, known and Identrl1ed to me to be the member of LOCHSA FALLS L.L.C. that executed the instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. (SEAL) IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ",,,11'"""1. 11'..,.. c\ B. Iii ~ ~..~ ~~ ........ ~~ \ I 4C;,: .. .. ~~ I (~OT~".. : 1*: -.- ~ :. . '\ \ PVBL\C ~ ~':>. .0 0 ;,o;~' ... "'<< -1)"> .0.... 't>-~ ....,I. e OF \'0 ",,'I> ,.,.........,.. ~~ f -:-J~ NOTARY PUBLIC FOR IDAHO Residing at ~ J ~ Commission expires: 5/1 ~ 10 (q CROSS-SITE SEWER LINE LATE COMERS AGREEMENT Page 5 ~ ~ U i-': ~ ~ VJ ~ o ~ ~ <~ t::~ ~~ ~~ VJ P - VJ 1 r/) r:/J o €J 6 z o i-': E-< < U o ~ ~ -\ I Lo f-.-J I II T L () o '"0 <: E-< ffi ~ fB 6 ~ ~ ~ .~ .... 'l' ~ :; gJ ~ ~ ~ r.Ll -< ~ ~ ~~ ~ ~ t;3 r.Ll '>:::..... gJ CI)~ ~ ~ CI)?~ :: ~ ~ ~ I f \.......... 11 ~ M.. ::I 8 ~ '" ~ rJ,; ~ I .../J:: j tm / /' ~" // I 1 ! I I ~ fTfllI\O EXHIBIT B DEVELOPER'S AREA ID PARCEL OWNER 16847 80426120650 LEROY E BRANDT FAMILY LIMITED LIABILITY PARTNERSHIP 16853 S0426244210 GOLDSMITH MARTY 16854 , ~ 16857 S0426141810 GOLDSMITH MARTY 16861 S0426427810 GOLDSMITH MARTY 16858 S0426233901 MARTIN JUSTIN G ..'" ~. ERU's Projected ACREAGE ZONE CODE per acre ERU's 66.02 RUT 2.8 185 73.94 RUT 2.8 207 37.00 RUT 2.8 104 73.10 RUT 2.8 205 1.347 RUT 2.8 4 251.41 704 EXHIBIT B CONT. LATECOMER'S AREA ERU's Projected 10 PARCEL OWNER ACREAGE ZONECOOE per acre ERU's 16856 S0426233840 GOLDSMITH MARTY 20.34 RUT NA 57 S0426233830 MERIDAN 5.09 RUT 2.8 14 16848 S0426120550 LEROY E BRANDT FAMILY LIMITED LIABILITY PARTNERSHIP 10.01 RUT 2.8 28 1684980426110100 TSUPA IVAN I 0.60 SFD NA 1 16862 S0426417200 NELSON CATHERINE L 2.79 RUT 2.8 8 16863 80426417220 LUKEHART BEN W 2.48 RUT 2.8 7 16864 S0426314910 MOSS TONY 1.56 RUT 2.8 4 16866 80426438410 FULFER KELLY 17.72 RUT 2.8 50 16867 80426449900 FULFER KELLY 19.60 RUT 2.8 55 16873 S0426438700 CALKINS RANDALL GENE 0.88 SFD NA 1 16875 80425223000 HUARTE FAMILY TRUST 40.00 RUT 2.8 112 16876 80425212480 HUARTE FAMILYTRU8T 34.85 RUT 2.8 98 16877 S0425212420 PROCTOR JOHN 8 & M RAE 5.15 RUT 2.8 14 16878 80425120900 BOISE FIRST CHURCH OF RELIGIOUS SCIENCES 5.01 RUT 2.8 14 16881 80425110150 DENNETT MEL 10.00 RUT 2.8 28 16882 S0425110250 DIOCESE OF BOISE 1.42 RUT 2.8 4 16883 S0425233700 8TEWART ARCHIE D & 5.00 RUT 2.8 14 16886 S0425141850 IVORY DON B 0.92 SFD NA 1 16887 S0425141890 HAMIL TON BUCK 0 & 0.92 SFD NA 1 16888 80425142030 SCOTT E AILEEN AND 8.97 RUT 2.8 25 16889 80425233800 KOOYERS SHERIDAN C 1.89 RUT 2.8 5 16890 S0425233875 KOOYERS SHERIDAN C 3.94 RUT 2.8 11 16891 S0425141940 BATES BODIE E 1.00 RUT 2.8 3 16893 S0425141990 SCOTT E AILEEN AND 4.81 RUT 2.8 13 16896 80425142110 MASTRO PAOLO MICHAEL 5.00 RUT 2.8 14 16898 S0425142225 PACKARD JOHN W 4.93 RUT 2.8 14 16899 80425142315 ROGERS DOUG 1.88 RUT 2.8 5 16900 S0425325425 GOLDSMITH MARTY 0.59 8FD NA 1 16901 S0425325460 MERIDIAN JOINT SCHOOL DIST NO 2 55.00 RUT FIXED 75 16905 S0425325500 STRUCKMAN DONN AND 2.31 RUT 2.8 6 16906 S0425336040 HANKS RONALD G & 1.14 RUT 2.8 3 16908 80425336560 LEGARRETA FULGENCIO 56.00 RUT 2.8 162 16909 80425438500 CHESTER DALlCE R & 18.36 RUT 2.8 51 16910 S0425438400 REITERMAN BONNIE 1.00 RUT 2.8 3 16911 80425336090 LEGARRETA FULGENCIO 1.00 RUT 2.8 3 26198 S0531110150 BRAMHALL JEANETTE M 3.80 RUT 2.8 11 26201 R1608650120 COOK DAVID D & 5.00 RUT 2.8 14 26202 R1608650150 WOOD HENRY D JR & 5.00 RUT 2.8 14 26203 R1608650180 PALMER OLIVER DAVID & 5.00 RUT 2.6 14 26310 80530223155 ROMAN CATHOLIC DIOCESE OF BOISE 24.00 RUT 2.8 67 26311 S0530212800 HOME & GARDEN 8TORE lNC 9.46 RUT 2.8 26 26312 S0530212415 FRIENDSHIP CELEBRATION LUTHERAN CHURCH OF ADA CO ID lNC 9.45 RUT 2.8 26 26313 S0530121000 SIGNATURE POINTE HOME & GARDEN ACCENTS INC 5.01 RUT 2.8 14 26314 80530120910 WHITE JOHN FRANKLIN & 22.95 RUT 2.8 64 26315 S0530110460 STETSON PROPERTIES 28.29 RUT 2.8 79 26316 S0530110100 VALLEY LIFE COMMUNITY CHURCH INC 10.60 RUT 2.8 30 26317 $0530223400 BOYACK GEO D & 1.00 RUT 2.8 3 26318 S0530120760 MARTENS DELBERT C 4.94 RUT 2.8 14 26319 Rl002730100 BEEHLER STEPHANIE P 10.06 RUT 2.8 28 26320 R1002730200 CHANCE CARLENE D 10.06 RUT 2.8 28 26321 80530120600 MCCLURE MICHAEL A 4.69 RUT 2.8 13 26322 $0530233776 ADKIN8 MICHAEL 8 & 19.18 RUT 2.8 54 26323 S0530244350 BOYACK GEORGE D & 60.89 RUT 2.8 170 26324 S0530131350 HOSKINS PATRICK JON 10.00 RUT 2.8 28 26325 80530141910 ENGLE CHRISTOPHER ROY 9.08 RUT 2.8 25 26326 S0530141825 RIS81NGER DARIN K 1.00 RUT 2.8 3 26327 S0530142050 HURTADO PAUL A 4.91 RUT 2.8 14 26328 80530142200 ALLMON DALBERT J & 5.00 RUT 2.8 14 26329 80530233805 JC LANDCO LLC 18.17 RUT 2.8 51 26330 S0530142350 LEE GRANT N 29.70 RUT 2.8 83 26331 80530233890 JC LANDCO LLC 1.00 RUT 2.8 3 26332 S0530244350 BOYACK GEORGE D & 60.89 RUT 2.8 170 26333 80530325450 COLE RAYMOND 0.12 SFD NA 1 26334 S0530336200 . A8CHENBRENNER KENNETH 73.24 RUT 2.8 205 26335 80530346800 . RHEAD ROBERT C & MARLENE 0 59.19 RUT 2.8 166 26336 R5147490220 WATTS STAN K 1.48 RUT 2.8 4 26337 R5147490210 WATTS STAN K 1.29 RUT 2.8 4 26336 S0530417376 CERIO MICHAEL T & 5.89 RUT 2.8 16 EXHIBIT B CONT. 26339 S0530417300 CHURCH OF JESUS CHRIST LATTER DAY SAINTS 14.70 RUT 2.8 41 26340 R5147490190 FIELD BRENT E & 1.47 RUT 2.8 4 26341 R5147490200 FIELD BRENT E & 1.08 RUT 2.8 3 26342 R5147490180 BRAMMER HAROLD A & FERN M TRUST 1.43 RUT 2.8 4 26343 R5147490170 BRAMMER HAROLD A & FERN M TRUST 1.11 RUT 2.8 3 26344 S0530417382 PALMER TAWNEE 5.61 RUT 2.8 16 26345 R5147490150 BRUNEEL CRAIG G 1.13 RUT 2.8 3 26346 R5147490160 BRUNEEL CRAIG G 1.25 RUT 2.8 4 26347 R5147490140 WILCOX CHRISTINE GAIL 0.69 SFD NA 1 26348 R5147490130 WILCOX CHRISTINE G 1.32 RUT 2.8 4 26349 R5147490230 BATTAZZO DANIEL L 0.98 SFD NA 1 26350 R5147490240 BATTAZZO DANIEL L 0.59 SFD NA 1 26351 R5147490513 SMITH STEVEN C 44.39 RUT 2.8 124 26352 R5147490110 HOLLOWAY HAROLD E & 0.62 SFD NA 1 26353 R5147490120 HOLLOWAY HAROLD E & 1.11 RUT 2.8 3 26354 R5147490260 TEEGARDEN JOHN F & SANKA TRUST 1.40 RUT 2.8 4 26355 R5147490250 TEEGARDEN JOHN F & SANKA TRUST 0.73 8FD NA 1 26356 R5147490270 FREEDMAN KRISTEN 8 & 2.02 RUT 2.8 6 26357 R5147490280 FREEDMAN KRISTEN S & 0.69 8FD NA 1 26358 R5147490100 SMITH TONYAJ & 0.73 SFD NA 1 26359 R5147490090 SMITH TONYAJ & 1.37 RUT 2.8 4 26360 R5147490290 WRIGHT CONRAD L & 1.33 RUT 2.8 4 26361 R5147490300 WRIGHT CONRAD L & 0.89 SFD NA 1 26362 R5147490080 YOUNGBERG MICHAEL J & 0.76 SFD NA 1 26363 R5147490070 YOUNGBERG MICHAEL J & 1.37 RUT 2.8 4 26364 R5147490050 N08EK J W & B E TRUST 1.01 RUT 2.8 3 26365 R5147490060 NOSEK J W & B E TRUST 1.23 RUT 2.8 3 26366 R5147490320 COOD KATHLEEN A 1.14 RUT 2.8 3 26367 R5147490310 CODD KATHLEEN A 0.76 8FD NA 1 26368 R5147490040 PAPKE JEFF H & 1.01 RUT 2.8 3 26369 R5147490030 PAPKE JEFF H & 1.14 RUT 2.8 3 26370 R5147490609 BARNETT EDGAR R 2.81 RUT 2.8 8 26371 R5147490020 MARKMAN DENNIS W & 1.43 RUT 2.8 4 26372 R5147490010 MARKMAN DENNIS W & 1.08 RUT 2.8 3 26373 R5147490700 BARNETT EDGAR R 1.63 RUT 2.8 5 26374 R5147490335 HANSEN D RICK 2.99 RUT 2.8 8 16860 S0426314810 GIBSON DANIEL G JR 38.17 RUT 2.8 107 16858 S0426346700 GIBSON DANIEL G JR 38.87 RUT 2.8 109 S0425233895 CHURCH OF JESUS CHRIST LATTER DAY SAINTS 7.29 RUT 2.8 20 S0425233695 CHURCH OF JESUS CHRIST LATTER DAY SAINTS 0.93 RUT 2.8 3 S425233810 Moulton 1.68 RUT 2.8 5 S0425233880 Moulton 1.22 RUT 2.8 3 S0425233925 PARAMOUNT 4.29 RUT 2.8 12 80425233640 PARAMOUNT 12.06 RUT 2.8 34 S0425233720 PARAMOUNT 18.18 RUT 2.8 51 S0425233630 PARAMOUNT 30.88 RUT 2.8 86 S0425325475 PARAMOUNT 21.97 RUT 2.8 62 S0425120611 PARAMOUNT 34.95 RUT 2.8 98 S0425110115 PARAMOUNT 71.46 RUT 2.8 200 S0425131750 BRIGHTON 25.00 RUT 2.8 70 S0425142110 BRIGHTON 5.00 RUT 2.8 14 S0425427800 WOLF 59.50 RUT 2.8 167 S042541720 WOLF 79.50 RUT 2.8 223 1430.43 3685 . Denotes portion of parcel within latecomer's area Note: Any parcel less than 1.0 acre not considered for redevelopment and assigned 1 ERU SUMMARY: Developer's Area Only: Latecomer's Area Only: Total Net Benefit Are (incl. Developer's area) Percentage Developer's: Percentage Latecomer's: EXHIBIT B ~ CONT. Acreage 251.41 1430.43 1681.83 Area Basis 14.95% 85.05% ERU's 704 3685 4389 ERU Basis 16.04% 83.96% Consider small parcelslfots will not develop at urban density or commercial in next ten years. < 3 acres < 4 acres < 5 acres Acres 572.82 584.42 659.58 Percentage 40.05% 40.86% 46.11 % ERU's 1594 1626 1837 Percentage 43.25% 44.13% 49.84% EXHIBIT B CONT. Parcels Expected to Develop Within 10 Years ERU's Projected 10 PARCEL OWNER ACREAGE ZONECOOE per acre ERU's 16656 80426233815 GOLDSMITH MARTY 20.34 RUT NA 57 MERIDIAN 5.09 RUT 2.8 14 16866 80426438410 FULFER KELLY 17.72 RUT 2.8 50 16867 80426449900 FULFER KELLY 19.60 RUT 2.8 55 16875 S0425223000 HUARTE FAMILY TRUST 40.00 RUT 2.8 112 16876 S0425212480 HUARTE FAMILY TRUST 34.85 RUT 2.8 98 16901 80425325460 MERIDIAN JOINT SCHOOL OIST NO 2 55.00 RUT 2.8 75 16908 S0425336560 LEGARRETA FULGENCIO 58.00 RUT 2.8 162 I 96ad ovm: s HOZ 'I Joqo100 IZ'fOZ $ o IOZ 'I JoqopO It.:I6I $ 600Z 'I Joqol"O 98'081 $ 800;;: 'I Joqol"O Z9'0l.1 $ {.QOZ 'I JoqolOO 96'091 S 900;;: 'I Joqol"O ,8'1,1 S ,ooz 'I JoqolOO SZ'(vI $ vOOZ 'I Joqol"O ,rsn $ fOOZ 'I JoqojOO onZIS <:ooz 'I Joqol"O OJ.", Jod oOd JOWO""I"1 01"0 OA!I""jJH J"lqu.L :oq IfIllis sooJ JOWO"OI") 01]1 %9 JO OIBJ oSBlnoOJod )"nllnll U1I11I '1S1 JoqoloO no hllunuu" p"lsn[pn aq nuqs JOWOOOjU] 1]0"0 01 pOSSOSS'll S:>:lJ aliI WOW:>:lJSa oAOl]n al]l J.d pfl'd oq 11!M on!! JOlaM loorqns 0'11 01 SJOOUUOO OqM JOOlm[l uO!l.Iod JO 'rooJad IpBO AI] Plod oOJ JOWOO OWl 01]1 :H1I103HOS lN3W3Sllil8:I^HffiI onZIS = %011 @16',11 16',IlS OOJ U]U1PV %60'f9 ZI"fl.$ %01 sn]d = ml3 Jod ooJ JOUlOO 01"1 pOIsnrpV 0111 'SJI1OA U011t1111 JOAO =n JOUlO::> OJ"l olp U!ljl!A' %f9 JO OjUJ Il)MOJS lIBJOhQ un pun SJIlOA uOUO po!,od ~ollqhnd ..mnssy :SIS'JffI .I.NJJJVHSUflWVHIi n',89f Zrfl.$ 8f'8l.v'69Z S (mm .lOd .'d J.UlO;) OWl = ",mIll pOOfhl'lS "pWO;) Olll'J/llIOwovnqW!o:a o[Q!BmIl :Y1f1JW10d IlHfVO:J :!1J.V7 81:'Sl.v'69ZS (9'Z.6'OZ( S x %96'fS %0'118 = o]q!sHIl oS.W.OJO.1 = .BlIju.OJ..l "~,do]O"'a - (%00 r) ".n:aa POO!""S lUjO~ :.I.NJJJVHSIJflflJVl:FJ}[ IlOd JfIfIlDITfl NOllflflIllJNO:J S,U:iUOTFl.tma dO NOlIllOJ SZ'vl.v'I,S f9'Z,6'OZES x %1>0'91 :NOISIAJaElflS S;mUOTi1A3.a ill JfImr.LilflnlUV NOlIllOJ sllu1I1m UlO.l} lY.'!J!'oA f9'Z,6'OZES WOIJf1flJlllNO:J S,UIlJ07JlAlla :NOIIV.Lf1dWO,> 33d v.mw S;I1JUVO:J mVl 10'VS 'N~O~ 3:0% 9Z',ll9E I mEl 10'91 'N1.m 3:0% t'6"f0l. I m:!:'l :v.mw S,IlJIJ07Y.tma 10'001 'Nlm dO% 6I"681:t' I mE! :v.mwH:JlAU:ilS 7V.LO.L ml3 s,Jodop"oO - mEIll'l.l'j OO!,...ms r"I01. = mm SJOWOOOI"1. S'"OV SSOJf) 1:8'T891 = IlO.IV OOI"lOS IltJo,L NOUVNIVrn3J.3a VffiIV SNOUV.LildW03 mT.'! J,Nm\lll:nm", ,!m1lW03 11.1 V'l :!INn "l:IRM:!IS 3Tl S'l'1Vg VSH:)O'l NOlSNIUX:!I :!INn "l:IIIA\IIS 'iJ us-ssm.!;) "3.1UlIHXll,, September 24,2004 AZ 03-021 MERIDIAN CITY COUNCIL MEETING September 28, 2004 APPLICANT Packard Estates Development, LLC ITEM NO. 5- V REQUEST Development Agreement - Request for reconsideration for Annexation and Zoning of 114.52 acres from RUT to R-4 (PO, and C-G zones for proposed Redfeather Estates Subdivision No.2 - south of East Ustick Road and east of North Eagle Road AGENCY COMMENTS CITY CLERK: CITY ENGiNEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FlRE 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: conlacted:~ Mc~ Date:~ Phone: Emailed:~I<.fY1@...ne::f- Staff Initials: tUC... Materials presented at public meelings shall become properly of the CIty of Meridian. See attached Development Agreement re~ f111 '}r~/ { ECEI<\tE "" L ] 50 East Aikens Street, Suite B Eagle, ID 83616 Phone: (208) 938-0980 Fax: (208) 938-094] CiTY OF MERIDIAN ("""ITV ('lLEO'< n'rFI0F..- .J ~ ~~ _1 \~ '-J ~\.1 LETTER OF TRANSMITTAL To: Mr. Will Berg, City Clerk Ms. Tara Green, Deputy City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Date: 9/23/2004 Project Name: Redfeather Estates Sub. No.2 Project Number: 3022 We are sending you: CODies Dated Description 1 Redfeather Estates Subdivision Development AQreement These are transmitted as indicated below: X For ADDrovat Approved as Submitted Submit for Distribution For Your Information Approved as Noted Return Corrected Prints X As Requested Returned for Corrections For Pre-Construction For Review and Comment Price For Bids Due: Resubmit for Approval Remarks: Please obtain the annexation ordinance from the City Attorney and place the agreement on the next available agenda for the City Council to approve. Thank you! I Signed: ~'~f I co~ to: File Shari Stiles ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 10/08104 03:35 PM DEPUTY Joanne Hooper II11II1III1I RECORDED-REQUEST OF 11111/1111111111/1/111111 MERIDIAN CITY 104129529 AMOUNT .00 42 -1z f DEVELOPMENT AGREEMENT PARTIES: 1. 2. 3. City of Meridian Bart L. Bryson, Owner The Melvin R. and Noma E. Schrammeck Trust, Owner THIS DEVELOPMENT AGREEMENT (this "AgreemenC), is made and entered into this 6 -1:.1. day of ~~J" 1- , 2004, by and between CITY OF MERIDIAN, a municipal corporation fthe State ofIdaho, hereafter called "CITY', and BART L. BRYSON, whose address is 6324 Cassia, Boise, Idaho 83709, and The Melvin R. and Noma E. Schrammeck Trust, c/o Joy A. Moore, Trustee, whose address is 2745 S. Eagle Road, Eagle, Idaho 83616, and hereinafter called "OWNER". 1. REelT ALS: 1.1 WHEREAS, "OWNER" is the sole owner, in law and/or equity, of certain tract ofland in the County of Ada, State ofIdaho, described in Exhibit A for the C-G zoning, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and 1.2 WHEREAS, Ie. 9 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition ofre-zoning that the "Owner" make a written commitment concerning the use or development ofthe subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner" has submitted an application for annexation and zoning of the "Property" described in Exhibit A, and has requested a designation of (C-G) General Retail and Service Commercial District (Municipal Code of the City of Meridian); and 1.5 WHEREAS, record ofthe proceedings for the requested annexation and zoning designation of the subject "Property" held DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 1 OF 16 before the Planning & Zoning Commission, and subsequently before the City Council, include responses of govenunent subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.6 WHEREAS, City Council, the day of , 2004, has approved certain Findings of Pact 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 1.7 WHEREAS, the Findings require the "Owner" to enter into a development agreement before the City Council takes final action on atmexation and zoning designation; and 1.8 "OWNER" 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 request; and 1.9 WHEREAS, "City" requires the "Owner" to enter into a development agreement for the purpose of ensuring that the subsequent use and development 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 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 of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in ful1. DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 2 OF 16 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 othelWise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and govenunent 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 Bart L. Bryson, whose address is 6324 Cassia, Boise, Idaho 83709, and The Melvin R. and Noma E. Schrammeck Trust, C/C Joy A. Moore, Trustee, whose address is 2745 S. Eagle Road, Eagle, Idaho 83616, the party owning said "Property" being developed and shall include any subsequent owner(s) of the "Property". 3.3 "PROPERTY": means and refers to those certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned C-G 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 (K) which are herein specified as follows: Any future llses of the property shall be approved ollly through the conditional use permit process. Additionally, either a public or private backage street generally parallel with Eagle RoadlSH 55 shall be incorporated illto the design of the future site plans. A conceptual master plan demonstrating intercollltectivity, trallsitionaluses, access points and other key land planning issues is required prior to allY detailed CUP applications beillg submitted Oil either the Bryson or Schrammeck properties for the C-G zone. DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 3 OF 16 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.A "Owner" shall develop the "Property" in accordance with the following special conditions: 1. Removal of any existing domestic wells and/or septic systems within this project from their domestic service must be accomplished at such time as the "Owners" change the current use of"Property" or otherwise develop the "Property" in accordance with the terms hereof. 2. Any future uses of the property shall be approved only through the conditional use permit process. In addition, there is a requirement that either a public or private backage street generally parallel with Eagle Road/SH 55 shall be incorporated into the design of future site plans. A conceptual master plan demonstrating interconnectivity, transitional llses, access points and other key land planning issues is required prior to any detailed CUP applications being submitted on either the Bryson or Schrammeck properties. The following Comprehensive Plan policies (horn Chapter VI and VII) shall be applicable to these properties: Transportation Policies Applicable to the BrvsonlSchrammeck Annexation; . "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be examined for ways to encourage all fonns of transportation such as transit, walking, and cycling. . New development should not rely on cul-de-sacs since they provide poor fire access, walkability, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. . In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage altemative modes of transport. hnprovement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 4 OF 16 . Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality oflife. The proposed off-street and multiple-use pathway systems are depicted in Figures VI-3 and VI~4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. . Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997." Mixed Use Development Policies Applicable to the BrvsonlSchrammeck Annexation: . "Where feasible, multi-family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; . In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; . Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged." 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, with written confirmation of said approval submitted to the Public Works Department. 6. COMPLIANCE PERlOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner" or "Owner's" heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development" of subject "Property" ofthis agreement at such time as the "Owners" develop the "Property" in accordance with the tenns hereof, and after the "City" has complied with the notice and hearing procedures as outlined in LC. 967-6509, or any subsequent amendments or recodifications thereof. DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 5 OF 16 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner" consent upon default to the de-annexation and/or a reversal of the zoning designation ofthe "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and if the "Owner" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Owner" 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 oftllls Development Agreement and all other ordinances ofthe "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "Owner" or "Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the tenus 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 ofthe Zoning Ordinance. 9.2 A waiver by "City" of any default by "Owner" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner's" cost, and submit proof of such recording to "Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City CounciL If for any reason after such recordation, the City Council DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 6 OF 16 fails to adopt the ordinance in cOlmection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cmIDot with diligence be cured within such thiliy (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. 12.2 In the event the performance of any covenant to be performed hereunder by either "Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount oftime of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code S 12-5-3, to insure that installation of the improvements, which the "Owner" agrees to provide, if required by the "City". DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 7 OF 16 14. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Owner" agrees to abide by all ordinances ofthe City of Meridian and the "Property" shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 Bart L. Bryson 6324 Cassia Boise, Idaho 83709 with copy to: The Melvin R. and Noma E. Schrammeck Trust c/o Joy A. Moore, Trustee 2745 S. Eagle Road Eagle, Idaho 83616 City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 8 OF 16 ( fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any ofthe obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit 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" 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 ofthe "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", to execute appropriate and recordable evidence oftennination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 9 OF 16 without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning ofthe "Property" and execution of the Mayor and City Clerk DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 10 OF 16 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER: BY: AND BY: ~4~,~ Joy A. Moore, Trustee for the Melvin R. and Noma E. Schrammeck Trust CITY OF MERIDIAN Attest: DEVELOPMENT AGREEMENT (AZ-03-021) PAGE I 1 OF 16 STATE OF IDAHO ) :ss COUNTY OF ADA ) On this A I 5 -I- day of 5qb....4?e::.-r , in the year 2004, before me, a Notary Public, personally appeared Bart L. Bryson, known or identified to me to be the person who executed the instrument and acknowledged to me that he has executed the same. (SEAL) STATE OF IDAHO ) : ss: County of Ada ) On tllis rJn.-- day of ~ ' in tlle year 2004, before me, a Notary Public, personally appe ed J A. Moore, known or identified to me to be the Trustee for The Melvin R. and Noma E. Schrammeck Tmst, and who executed the instnunent and acknowledged to me that she has executed the same on behalf of said tmst. (SEAL) <<\l\lllllUlI"" :q,lIv If" ~..11'" ~1'\BLL4J'" ~Q"", ~'" O~.lMI..<II. '#." ~ <II M "" ~ 't" "'l. .0. -r \ I ~ t>>-~ '\ \ !f.<I 0"" tJ :0: =c; ~,..... :=: 10 ..., .~: \9 ..'\~ s......: ~ "" -pv 1/'- ;;;;:: ~ ~ ..sf/' Go ~ ~ .. oe......o...'''' ~... Ill! i::I'" ""#qqq ST A ~ v,........ ~8Balllume.1l' ~Q,O"~ Not P~1 Residing a Commiss'on expires: lO!r") 109 + DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 12 OF 16 STATEOFIDAHO ) :ss CoumyofAda ) On this ~ / <;.>!- day of S~~1"V\.b~ , in the year 2004, before me, a Notary Public, personally appeared Tammy de Weerd and WIlham G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) "111111',,, "" '" ....,.. i. ~. GA.4> "" ...... cF:> ........... b.} #'.. ; ~ ... .0. (f> ~ :.Q,. J ~...OTA.R ~ .0 vP ;. .. 0 \.... r- _ . *" Q . . :: * : ....... : * : .. 0 c..- ; \ PVBL\ I : ~J>o. .. ~ ~. .?> "'0" ..DA\) .: "., -1.,.., D......... "'.... .:> ""4, .( lJ 0 k \\) ~~ ........ '8;: .. ,.... 4j~ J~..~ U ~,~.. I ~'L--~ Notaryl u Ii fOJ Idaho, _ Residing at: f!'{el<&'~ Commission expires: ~ 7tFJ DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 13 OF 16 EXHIBIT A C-G ZONING (Brvson/Schrammeck Parcel) A parcel ofland situated in the NW Y4 of Section 4, T.3N., RIB., B.M., Ada County, Idaho and more particularly described as follows: COMMENCING at a brass cap marking the Northwest comer of said Section 4; thence along the West line of said Section 4 South 00036' 11 " West 1390.15 feet to the Northwest comer ofthat Parcel described in Instmment No. 8117732 in the Office of the Recorder for Ada County, Idaho, said point being on a line that is parallel with and 99.00 feet South of the South line of Govenunent Lot 4 of said Section 4 and also being the POINT OF BEGINNING; thence along the boundary of said Parcel along said parallel line South 89052'14" East 769.96 feet to a point; thence continuing along a line parallel with said West line of Section 4 North 00036'11" East 99.00 feet to a point on said South line of Govemment Lot 4; thence continuing along said South line South 89052' 14" East 560.11 feet to a point on the West line of Perkins-Brown Subdivision as on file in Book 25 of Plats at Pages 1562 and 1563 in said Office of the Ada County Recorder; thence continuing South 0003 7'36" West 1212.21 feet to the Southeast comer of said Parcel; thence along the Southwesterly line of said Parcel North 72058'49" West 99.53 feet to a point; thence continuing North 40043' 49" West 366.30 feet to a point; thence continuing North 85033'49" West 174.90 feet to a point; thence continuing North 71 018'49" West 132.00 feet to a point; thence continuing North 34048'49" West 227.70 feet to a point; thence continuing North 66018'49" West 264.00 feet to a point; thence continuing South 84026' 11" West 17.43 feet to the Northeast comer of that Parcel described in Instrument No. 912958 in said Office ofthe Ada County Recorder; thence along the East line of said Parcel South 00036'11" West 218.08 feet to the Southeast comer of said Parcel; thence along the South line of said Parcel North 89023'49" West 300.00 feet to a point on said West line of Section 4; thence along said West line North 00036'11" East 459.43 feet to a point on said boundary line of the Parcel described in Instmment No. 8117732; thence along said boundary line DEVELOPMENT AGREEMENT (AZ-03-02I) PAGE 14 OF 16 South 89023'49" East 185.00 feet to a point; thence continuing North 00036' 11" East 90.00 feet to a point; thence continuing North 89023'49" West 185.00 feet to a point on said West line of Section 4; thence continuing along said West line North 00036'11" East 127.83 feet to the POINT OF BEGINNING; Said Parcel Contains 23.70 Acres, more or less. DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 15 OF 16 EXHIBIT B Findin~s of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 16 OF 16 RECEIVED APR 2 1 20M City Of Meridian City Clerk Office BEFORE THE MERIDIAN CITY COUNCIL C/C 03/02/04 IN THE MATTER OF THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 114.52 ACRES ) FORPROPOSEDREDFEATHER ) ESTATESSUBDMSIONNO.2 ) FROM RUT TO R-4 PLANNED ) DEVELOPMENT AND G-G ) GENERAL RETAIL AND SERVICE ) COMMERICAL~ LOCATED ON ) THE SOUTH SIDE OF USTICK ) ROAD, t.4 MILE \VEST OF ) CLOVERDALE ROAD, AND THE ) EAST SIDE OF EAGLE ROAD/SH ) 55, l;4 MILE SOUTH OF USTICK, ) MERIDIAN, IDAHO ) ) ) ) ) Case No. AZ-03-021 FThID~GSOFFACTAND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING PACKARD ESTATES DEVELOPMENT, LLC, APPLICANT The above entitled annexation and zoning application having come on for puhlic hearing on March 2,2004, at the hour of7:00 p.m., and Anna Powell Planning Director for the Planning and Zoning Department, Becky McKay, Stokes, Carla Williams, Michelle Broadhead, Fitsroy Blecher. Bruce Mills. Kenny Bowers and Susan Cole. appeared and testified. and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Pact and Conclusions of Law. and Decision and Order: FlNDINGS OF F ACf AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEA THER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-03-0Z1 ) PAGE 1 OF 26 FINDINGS OF FACf 1, There has been compliance with all notice and hearing requirements set forth in Idaho Code ~~ 67-6509 and 67-6511~ and Meridian City Code ~S 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 114.52 acres in size and is located on the south side of Us tick Road, ~ mile west of Clover dale Road, and the east side of Eagle RoadlSH 55, ~ mile south ofljstick, Meridian, Idaho, all within the Area ofhnpact of the City of Meridian and the Meridian Urban Service Planning Area as defined in the Meridian . Comprehensive Plan. 4. The owners of record ofthe subject property are Harry and Frances Bryson, Melvin R. and Noma E. Schrammeck Trust, Alan and Elaine Durkheimer, Melvina and Will Grant, The Ustick 36, LLC and Archie Ralph Wood, and all have submitted notarized consent for Packard Estates Development, LLC to submit the subject applications. Applicant is Packard Estates Development; LLC. 5. The property is presently zoned RUT (Ada County), and consists of a single- family residence ana vacant land. 6. The Applicant requests the property be zoned as R-4/90.29 acres (Low Density FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONlliJG REDFEA THER ESTATES SUBDMSION NO.2 PLANNED DEVEWPMENT (AZ-03-021 ) PAGE 2 OF 26 Residential) and C-G/24.23 acres (General Retail and Service Commercial), 7. The subject property is bordered to the north by Heather Meadows Subdivision, pending Kissler annexation parcel (18 acres) and a future church site, to the south by Clover Meadows Subdivision and a twf farm, to the east by Briarwood, Dawson Meadows and Redfeather Estates No.1 Subdivisions, and to the west by Perkins-Brown Subdivision and undeveloped land. &. The Applicant proposes to develop the subject property in the following manner: 302 building lots and 28 other lots on 90.29 acres. 9. The Applicant requests zoning of the subject real property as R-4 and C-G, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Medium Density Residential. 10. The Milk Lateral and the South Slough Drain are two scenic features that affect . the consideration of this application. 11. The City Council recognizes the concerns of the following individuals: - Sheny and Harvey Hoff (letter dated 9/12/03) - . J.P. Rolison (letter dated 9/1/03) Charles and Josephine Altman (letter dated 9/3/03) ~ Fitzroy A. and Virginia Belcher (letter dated 9/4/03) ~ Hal and Michelle Broadhead (letter dated 9/3/03) - Gerald J. and Cathy L. Reeves (letter dated 9/3/03) - J.R. Nishioka (letter dated 9/1/03) - Wilbur K. and Barbara A. Braddick (letter dated 9/8/03) - Dan and Darlene Thompson - Robert C. Sanders (letter dated 9/10/03) - Howard and Karen Jeffries (letter dated 9/11/03) - Sue Piva (letter dated 12/4/03) Michael Tyvand (letter dated 12/4/03) FlNDThlGS OF FACf .AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEA THER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE3 QF26 12. Giving due consideration to the conunents 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: I. Do not require the inclusion of the one-acre Smitchger out parcel in the annexation. B. Adopt the Reconnnendations of the Meridian Planning & Zoning Department as follows: 1. Removal of any existing domestic wells and/or septic systems within this project from their domestic service must be accomplished within two years of the approval of these Annexation and Zoning Findings, but it may be extended for an additional year by the City Engineer if good cause is shown, and pending development of the parcel would warrant the extension. Wells may be used for non~domestic purposes such as landscape irrigation. 2. Priorto annexation, a Development Agreement shall be entered into between the City of Meridian and the owners of the property to be zoned C-G (H~ & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that requires any future uses of the property to be approved only through the conditional use permit process. In addition, the agreement shall include a requirement that either a public or private baokage street gene.rally parallel with Eagle RoadlSH 55 be incorporated into the design offuture site plans. A conceptual master plan demonstrating interconnectivlty, transitional uses, access points and other key land planning issues is required prior to any detailed CUP applications being submitted on either the Bryson or Schrammeck properties. The DA shall also cite the following Comprehensive Plan. policies (from Chapter VI and VII) as applicable to these same properties: Transportation Policies Applicable to the Bryson/Scbrammeck Annexation: . "Large development proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses.. They FlNDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONJNG REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (Az..03-021) PAGE 4 OF 26 should be examined for ways to encourage all forms of transportation such as transit~ walking, and cycling. . New development should not rely on cul-de-sacs since they provide poor fire access, walkability, and neighborhood social life. New development and streets should be designed to encourage walking and bicycling. . In addition to providing for enhanced automobile traffic, Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. . Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of life. The proposed off-street and multiple-use pathway systems are depicted in Figures VI-3 and VI-4. New. and existing developments should ensure that the guidelines laid out in this plan are adopted. . Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should be protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt~ and help implement the Eagle Road Access Control Study, prepared by ACHD in 1997. n Mixed Use Development Policies Applicable to the BrysonlSchrammeck Annexation: . "Where feasible, multi~family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, S5 or 69; . In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; . Where the project is developed adjacent to low or medium de~sity residential uses, a transitional use is encouraged:' 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) with written confirmation of said approval submitted to the Public Warks Deparbnent. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHERESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 5 OF 26 /'. C. Adopt the Recommendations of the Ada County Highway District as follows: 1. The Board of Commissioners authorizes the ex.penditure of available collected impact fees for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbW'sed from impact fees to be collected solely from the applicant's specific development project) an additional 23- feet of right-of-way along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 23-feet from the centerline afthe right-of- way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 23-feet from the centerline ofthe 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 Ustick Road. located at the back edge of the existing right-of-way. Accomplish all necessaty adjustments to properly accommodate existing drainage and utilities. 2. Construct the main entrance, North Grenadier Way, to intersect Ustick Road approximately 370-feet east of the west property line, as proposed. This roadway shall align with an existing roadway that is located on the north side of Ustick Road. 3. Construct North Grenadier Way and East Granger Street as residential collectors, but believes that these roadways should be constructed as 36-foot street sections with vertical curb, gutter and 4-foot detached concrete sidewalk (or a 5-foot attached concrete sidewalk). . 4. Construct the remainder ofthe internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks, as proposed. 5. Extend Granger'Street from the east property line approximately 640-feet north of the so~th property line, as proposed. 6. Extend East Palm Street from the east property line approximately 440-feet north of the south property tine, as proposed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03~021) PAGE 6 OF 26 7. Install swinging gate at the connection of Duane Drive and Palm Street for the present time. Construct a pedestrianlbicycle pathway that connects the improvements on Duane Drive (south oithe gate) to the 24-feet of pavement that exists (north of the gate). * Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers; agencies, etc. (per Christy Richardson's letter to Anna Powell- Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office.) 8. Construct a stub street (East Palm Street) to the west property line approximately 500-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, t'THIS ROAD WILL BE EXTENDED IN THE FUTURE'!. 9. Construct a stub street tot eh south property line approximately 900-feet east of the west property line, as proposed. Install a sign at the tenninus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 10. Construct a stub street to the 5-acre out parcel that is located at the south property line, as proposed. Install a sign at the terminus of the roadway stating th.at, "THIS ROAD WILL BE EXTENDED IN THE FUTURE'l. 11. Construct a stub street to the north property line approximately 100-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 FUTURE\!. 12. Construct a pedestrian path (rather than a stub street) that will connect this subdivision with Briarwood Subdivision, as proposed. 13. Before a building permit is issued for lot 242, install the center turn lane on Cloverdale Road at the intersection of Clover dale Road and Granger Street if the warrants are met prior to the District's reconstruction of Cloverdale Road. 14. Coordinate the timing and the design of the right-turn radii on Ustick Road into the site at both Duane Drive and Grenadier Way with the District's Traffic Services Staff. 15. Construct an island/median within the public right-of-way of North Grenadier Way (near the intersection of Us tick Road), as proposed. Provide a minimum ofa 21-foot street section on either side of any proposed center islands within the turnarounds. Construct the island/median to be a minimum of 4-feet wide to total a minimum of a 100-square foot FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 7 OF 26 area. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. . 16. Construct five cul-de-sac turnarounds without center islands within the subdivision, as . proposed. Provide a minimum turning radius of 4S-feet. 17. Construct chokers on the north side of Palm Street at the intersection of Duane Drive to provide for a reduced street section. 18. Vacate the existing right-of-way, exchange the existing right-of-way, or improve the existing right-of-way within the proposed development (a portion of Granger Street and a 20-foot strip that abuts the Perkins Brown Subdivision's east property line). 19. Deter all construction traffic Duane Drive, as no construction traffic should utilize Duane Drive. 20. Other than the access point that has been specifically approved with this application, direct lot access to Ustick Road is prohibited. 21. Comply with all Standard Conditions of Approval. 22. Per Christy Richardson~s letter to Anna Powell- Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office, the applicant has submitted a revised layout of some of the local streets in the intersection. The layout appears to meet the District's policies and is approved as proposed. D. Adopt the Meridian Fire Department Recommendations as follows; The following will be the requirements and/or concetrul to provide minimum levels of fire protection for the proposed project: . 1. One and two family dwellings will require a fire-flow of 1,000 gaJlons 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 which will be submitted to the Public Works Department. All curbing in front of fire hydrants shall be painted red for 10' on each side of the installation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-03-021 ) PAGE 8 OF 26 4. All roads shall have a turning radius of28' inside and 48' outside. S. Operational fire hydrants and temporaryoT pennanent street signs are required before combustible construction begins. 6. 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 tum around. 7. 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. The cost of this installation is to be borne by the developer. 8. It is requested that .DI.tane Dr. bo ceJlnacted '.m full width street to provid-e secondary access fer tho proj eot A public street connection will be-made to Duane Drive. However, the access wiil be restricted by a gate. The gate will allow for emergency vehicle, pedestrian and bicycl e access. The Applicant shall coordinate the design of the gate with ACHD and the Meridian Fire Department. (per action of the City Council meeting of March 2,2004.) E. ' Adopt the Reconunendation ofNampa & Meridian Irrigation District as follows: l. The pump station at Dawson Meadows, that this project will hook up to, needs to be enlarged in order to meet the demand that will be put on it. 2. Applicant shall apply for a land use change/site application. F. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATIffiR ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 9 OF 26 S. 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 groillldwater and surface water degradation. G. Adopt the action ofthe City Council taken at their March 2, 2004 meeting as follows; For clarification: 1. Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Ada County Highway Commission ifthere was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service proyiders, agencies, etc. (Per Christy Richardson's ofletter to Anna Powell - Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office.) Additionally, the Ada ClIunty Highway Connnission, upon a public hearing, would then have to address the Duane Drive standards, width, sidewalks, and who would bear the expense for said improvements. At no point in time shall construction traffic, or extra vehicles, except the present existing surrounding homeowners, be allowed to use Duane Drive, and the existing fence, which is now in place, shall remain in place until such time as the gate can be constructed. 2. Since the most western portion of the property is to be made a part of this annexation which is to be rezoned to C-G. a Development Agreement shall be entered into between the City of Meridian and the owners of the property to be zoned C-G (Harry & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that wou~d restrict development of future uses for tbis area. The Development Agreement shall also cite the appropriate Comprehensive Plan policies (from Chapter VI and Vll) as applicable to these properties. (See number B.2. above for further explanation.) 3. Pertaining to the dispute over the boundary lines on Granger between the Applicant and Jim and Irma Mittleider, the Applicant resolved this situation by positioning the right-of-way further north to compensate for what the Mittleider' 5 believe to be their property. The Applicant shall also work with the Mittleiders to work out the piping of ditches. Additionally, the Applicant stated on public record that they would be willing to meet with the Mittleiders to go over the development plan, and to discuss any issues they may have. 4. The revised Landscape Plan shows the increased landscap~ buffer along Ustick Road to be 35 feet, which meets the entryway corridor policy of the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEA THER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 10 OF26 13. It is found that the requested zoning designations, R~4 and C-G, are harmonious with and in accordance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which designates the land to be "Mixed Use Regional for the proposed G-G property and Medium Density Residential for the R-4 propertY'. 14. It is not anticipated that the applicant intends to rezone the subject property in the future because of the proposed use in the R-4 zone (single-family) and the flexibility for future development on the C~G proposed property. 15. It is found that the proposed single-family residential portion of the zoning amendment would be developed in a manner substantially consistent with the proposed R-4 zone and/or consistent with a1loweable Planned Development uses. The applicant submitted a revised preliminary plat, planned development plan, and landscape plan for theR-4 single- family residential property, but a Development Agreement will need to be entered into between the City of Meridian and the owners of the property to be zoned C-G (Harry & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that would restrict development of future uses for this area. The Development Agreement shall also cite the appropriate Comprehensive Plan policies (from Chapter VI and VII) as applicable to these properties. (See number 8.2. above for further explanation.) 16. It is found that the annexation, zoning and redevelopment of parcels to the north and east of this site (within Boise City limits) to medium density residential uses are similar to the proposed use and would be compatible. Recently there have been several larger residential subdivisions, with densities similar to those allowed in the R -4 zone that have been approved by the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 11 OF26 City of Boise. Providence Place, Heather Meadows Subdivision, Dawson Meadows Subdivision and Redfeather Estates Subdivision # I have all been approved for single- family residences in the vicinity otthis site. An annexation and zoning application for a proposed C-G zone was approved by the Planning and Zoning Commission in September 2003 for the 18 acres immediately north of the proposed C-G property within the subject application. The arterial streets adjacent to this site, Ustick Road (betWeen Cloverdale Road and Eagle Road) and Eagle Road are currently not included within ACHD's Five Year Work Program for roadway improvements. 17. It is found that the proposed use R~4 (single family residential) match the intended character of the vicinity. It is found that the proposed zoning/uses can be designed and constrocted in a manner that willbe harmonious with and appropriate in appearance with the existing and intended cbaracter of the surrounding area. It is also found that to ensure compa~ibility of the commercial area, a Development Agreement shall be required which will help guide appropriate and hanninous appearances in the future. The existing character of the area will, and is, currently changing, especially upon build-out of the proposed project and other similar subdivisions in the general vicinity. It is found that it will not adversely change the essential character of the area. 18. It is not anticipated that the proposed residential or conunercial uses will be hazardous or disturbing to future or existing neighbors, due to other eKisting and proposed uses in the vicinity of the site. 19. The Meridian Fire Department submitted a list of conditions and needs in order to FrNDIN"GS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND WNING REDFEATfIER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 12 OF 26 adequately serve the project, and said list is addressed within 12. D. hereinabove. Additionally, A CHD submitted their requirements, l"ecommendations and conditions which are addressed in 12.C. I hereinabove. Water and sanitary se~er services are proposed to be extended from existing service I I ! lines in Ustick Road and near the Smkth Slough, via Eagle Road. I I I ' 20. It is found that there ~ll not be excessive additional requirements at public cost for , j public services and facilities and th*t the annexation and zoning will not be detrimental to the I community's economic welfare. The ~eveloper will be financing the exte~ion of sewer, water, local I street infrastructure, utilities and irrigttion services to serve the project. The primary public costs to 1 serve the future residents will be fire,lpolice and school facilities and services. I , 21. It is found that the ptoposed residential and commercial zones/uses will not be ! , I I detrimental to people, property or the general welfare of the area. The proposed uses on the subject I . property will create additional traffic ~lll nearby arterial roadways. Washington Group International prepared a traffic study for this site. 45 a result of the site build-out, ..;. ashington Group anticipates ! that traffic on the vicinity roadways ar~ expected to increase as follows: traffic on U stick Road, west ! , of Duane Drive, may increase by 905 vpd; traffic on Ustick Road east of Grenadier Way may . I . increase by 874 vpd; traffic on clovddale Road north of Granger Street may increase by 332 vpd; I ! traffic on Cloverdale Road south of tanger Street may increase by 905 vpd. The intersection of Ustick RoadlCloverdale Road is cunlently operating at a LOS E with a delay of 56 seconds per r I vehicle. At build-out of the Redfea~her Estates No.2 site) the Ustick RoadlC1overdale Road I intersection is projected to continue operating at LOS E with a delay of70 seconds per vehicle. The I i intersection of Cloverdale RoadlFairview Avenue is currently operating at a LOS F with a delay of I I I I FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTJNG APPLICATION FOR ANNEXATION AND ZON1NG REDFBATHER ESTATES SUBDIVISION NO.2 PLANNED DEvELOPMENT I (AZ.03-021) ! PAGE 13 OF 26 I . I 112 seconds. At build-out of the R~dfeather Estates No. 2 site~ the intersection is projected to i continue operating at LOS F with a delay of 112 seconds per vehicle. i i It is recognized that the traffi9 and noise will increase with the approval of this subdivision; i however, it is believed that the amouht generated will be detrimentaHo.the general welfare of the I I public. It is not anticipated that the pc:oposed annexation and subsequent uses will create ex.cessive noise, smoke, fumes, glare, or odors.l I 22. ACHD has reviewed ~d recommended approval oftheverucular approach to the site ! :fro~ Ustick Road. The ACHD Co~ission approved the subject application and proposed vehicle i approaches. Further, the applicant is ~roposing to extend stub streets tha~ were originally approved j I and constructed to provide efficient adcess to the site, limiting the amount ofinterference with traffic I I I on surrounding streets. Review oflthe ACHD report for this project will provide additional information. I I 23. A revised Landscape P~an was submitted and which Plan increased the landscaping i along Ustick Road to 35 feet, it took opt the very long street and created a loop. Additionally, there , i will be pedestrian access from the curr~nt terminus ofBriarwood Drive to Briarwood Subdivision, as ! proposed, and to retain the existing maple tree. All trees that are removed from this site shall be ! mitigated in accordance with MCC 12-13-13-6. The revised Landscape Plan was approved by the I Planning and Zoning Department. I ! I The South Slough (Fhich Lateral) crosses the subject property along the southwest I i comer of the proposed R~4 property. The Milk Lateral will be piped by the Applicant. The applicant , ; is proposing to construct a 1 OMfoot widF paved multi-use pathway adjacent, to the lateral as part of the I 1 FINDINGS OF FACT AND CONCLUsioNS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING ~DFEATIffiRESTATES SUBDMSION NO.2 PLANNED DEV~LOPMENT (AZ-03~021) : PAGE 14 OF 26 development proposal for the Redfeather development If all applicabl~ agency design and treatment ! standards are complied with. it is found that the proposed pathway will not result in the destruction, I I j lo~s or damage of the lateral. Rather the proposal should enhance the lateral by allowing nearby I ! I 1 I There appears to be nol other natural or scenic features of major importance in the area i that may be affected the proposed re~()ne/uses. ! I It is found that the anrtexationlrezone of this property would be in the best interest I I , I I I It is found that if the ~eveloper pays for the requested improvements \ . J and complies with the conditions set forth in these Findings of Fact No. 12. and all sub-parts, the , ! I economic welfare of the City and its residents and tax and rate payers will be protected~ a . I I condition of annexation and zoning dbsignation. , I 26. It is also found that th~ development considerations as referenced in Finding No. I 12 are reasonable to require and musJ be taken into account, in order to ~ssure the proposed I ! i development is designed, cQnstructed~ operated and maintained in a manner which is hannonious I and appropriate in appearance with ~e existing, or intended character of the general vicinity, in I i order to &ssure that the proposed use ?rill not change the essential character of the affected , i vicinity and will insure that the propo'sed uses will not be hazardous or disturbing to the existing, I i or future neighboring uses. particu1ar~y considering the impact of proposed development on residents to enjoy the feature. 24. of the City. 25. i potential to produce excessive traffic.:noise, smoke. fumes, glare and odors. ! I CONCLUSIONS OF LAW 1 i FINDINGS OF FACT AND CONCLUsioNS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND WNlNG REDFEAlHER ESTATES I SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-03-021) i I PAGE IS OF 26 I 1. The City of Meridian p.as authority to annex real property upon written request for annexation and the real property bein$ contiguous or adjacent to city boundaries and that said Resolution No. 02-382. I J I property lies within the area of city impact as provided by Idaho Code Section 50-222. The I i Meridian City Code S 11-16 provides the City may annex real property that is within the I Meridian Urban Service Planning Arla as set forth in the City's Comprehen~ive Plan. ! 2. The Council may takeljudicial notice of government ordinances, and policies, and i of actual conditions existing within t~e City and State. I I i The City of Meridian ~as exercised its authority and responsibility as provided by ! I "Local Land Use Planning Act of 19~5", codified at Chapter 65, Title 67, Idaho Code by the J adoption of the Amended Comprehetl.sive Plan City of Meridian adopted August 6,2002, I i I ! I I 4. The following are found to be pertinent provisions of the City of Meridian I 1 Comprehensive Plan and are applica~le to this Application: I Chapter VI and Chapter VII. I J 3. , 5. The zoning of (R -4) ~w 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 ~e permitted except for planned residential development and public schools. The pmposeofthe R-4 District is to permit the establishment of low density single-family dwellings, and I to delineate those areas where predominantly residential development has, or is likely t~ occur in accord with the Comprehensi ve 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 0 f four (4) dwelling units per acre and requires connection t6 the Municipal water and sewer systems of the City. I I j~FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECrSION AND ORDER GRANtING APPLICATION FOR ANNEXATION AND ZONlN"G RflDFEATHER ESTATES SUBDMSIONNO. 2 PLANNED DEVELOPMENT (AZ-03-021) i I PAGE 16 OF 26 I i ! 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 Pld 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 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: 1. The appHcanes request for annexation and zoning of approximately 114.52 acres to Low Density Residential (R-4) and General Retail and Service Commercial (C-G) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation andzoningof114.52 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, and shall confonn 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 17 OF 26 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 of the Planning and Zoning Commission as follows: 1. Do not require the inclusion of the one-acre Smitchger out parcd in the annexation. C. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: 1. Removal of any existing domestic wens and/or septic systems within this project from their domestic service must be accomplished within two years of the approval of these Annexation and Zoning Findings, but it may be extended for an additional year by the City Engineer if good cause is shown, and pending development of the parcel would warrant the extension. Wells may be used for non~domestic purposes such as landscape inigation, 2, Prior to annexation, a Development Agreement shall be entered into between the City of Meridian and the owners of the property to be zoned C-G (Harry & Frances Bryson and Melvin R. and Noma E. S chrammeck Trust) that requires any future uses of the property to be approved only through the conditional use permit process. In addi.tion, the agreement shall include a requirement that either a public or private backage street generally parallel with Eagle Road/SH 55 be incorporated into the design of future site plans. A conceptual master plan demonstrating interconnectivity. transitional uses, access points and other key land planning issues is required prior to any detailed CUP applications, being submitted on either the Bryson or Schrammeck properties. The DA shall also cite the following Comprehensive Plan policies (from Chapter VI and VII) as applicable to these same properties: Transportatipn Policies Applicable to the BrysonlScbrammeck Annexation: · ~'Largedevelopment proposals that are likely to generate significant traffic should be assessed for their impact on the transportation system and surrounding land uses. They should be examined for ways to encourage all forms of transportation such as transit, walking, and cycling. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATIIER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ..Q3.021) :PAGE 18 OF 26 · New development should not rely on cul~de-sacs since they provide poor fire access, walkability, and neighborhood social life. New development and streets should be designed to encourage walking an~ bicycling. · In addition to providing for enhanced automobile traffic. Meridian should seek ways to encourage alternative modes of transport. Improvement in and encouraged use of public transit systems is an important first step. Public transit includes bus systems and ridesharing. By fostering such means of high vehicle occupancies, congestion on roadways can be decreased. · Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality ofHfe. The proposed off-street and multiple-use pathway systems are depicted in Figures VI-3 and VI-4. New arid existing developments should ensure that the guidelines laid out in this plan are adopted. · Eagle Road is the major north-south arterial in Ada County. The capacity of this arterial should he protected by minimizing the number and location of private driveway access connections to this important roadway. The City should recognize, adopt, and help implement the Eagle Road Access Control Study. prepared by ACHD in 1997." Mixed Use Development Policies Applicable to the BrysonfSchrammeck Annexation: · "Where feasible, multi~family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to State Highways 20-26, 55 or 69; · In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space; · Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged:' 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, with written confirmation of said approval submitted to the Public Works Department C. Adopt the Reconunendations of the Ada County Highway District as follows: F[~IDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (Az..03~021 ) PAGE 19 OF 26 1. The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase of right-oi-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed from impact fees to be collected solely from the applicant's specific development project) an additional 23- feet of right-of-way along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk. along U stick Road, located a minimum of 23- 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 Ustick Road, located a minimum of 23-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 Ustick Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct the main entrance, North Grenadier Way, to intersect Ustick Road approximately 370-feet east of the west property line, as proposed. This roadway sball align with an existing roadway that is located on the north side of Ustick Road. 3. Construct North Grenadier Way and East Granger Street as residential collectors, but believes that these roadways should be constructed as 36-foot street sections with vertical curb, gutter and 4- foot detached concrete sidewalk (or a 5-foot attached concrete sidewalk). 4. Construct the remainder of the internal roadways as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks, as proposed.. 5. Extend Granger Street from the east property line approximately640-feet north of the south property line, as proposed. 6. Extend East Palm Street from the east property line approximately 440-feet north of the south property line, as proposed. .7. Install swinging gate at the connection of Duane Drive and Palm Street for the present time. Construct a pedestrianlbicyc1e pathway that connects the improvements on Duane Drive (south of the gate) to the 24~feet of pavement that exists (north of the gate). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE20 OF 26 * Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members ofthe public, service providers, agencies, etc. (per Christy Richardson's letter to Anna Powell- Planning and Zoning Director, stamped: RECEIVED PEB 042004 City of Meridian City Clerk Office.) 8. Construct a stub street (East Palm Street) to the west property line approximately 500-feet north of the south property line, as proposed. Install a sign at the terminus of the roadway stating that, llTHrS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Construct a stub street tot eh south property line approximately 900-feet east of the west property line, as proposed. Install a sign at the terminus of the roadway stating that, nrnIS ROAD WILL BE EXTENDED IN THE FUTURE". 10. Construct a stub street to the 5-acre out parcel that is located at the south 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 1 OO-feet west ofthe east property line, as proposed. Install a sign. at the tenninus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 12. Construct a pedestrian path (rather than a stub street) that will co"oneet this subdivision with Briarwood Subdivision, as proposed. 13. Before a building pennit is issued for lot 242, install the center tum lane on Cloverdale Road at the intersection of Cloverdale Road and Granger Street if the warrants are met prior to the District's reconstruction of Cloverdil.le Road. 14. Coordinate the timing and the design of the right~tum radii on Ustick Road into the site at both Duane Drive and Grenadier Way with the District's Traffic Services Staff. 15. Construct an island/median within the public right-of~way of North Grenadier Way (near the intersection of U stick Road), as proposed. Provide a minimum of a 21-foot street section on either side of any proposed center islands within the turnarounds. Construct the island/median to be a minimum of 4-feet wide to total a minimum of a 1 aO-square foot area. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. . FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICA TrON FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-O~-021) PAGE 21 OF 26 16. Construct five cul-de.sac turnarounds without center islands within the subdivision, as proposed. Provide a minimum turning radius of 45~feet. 17. Construct chokers on the north side of Palm Street at the intersection of Duane Drive to provide for a reduced street section. 18. Vacate the existing right.of~way, exchange the existing right-of.way, or improve the existing tight-of-way within the proposed development (a portion of Granger Street and a 20-foot strip that abuts the Perkins Brown Subdivision's east property line). 19. Deter all construction traffic Duane Drive~ as no construction traffic should utilize Duane Drive. 20. Other than the access point that has been specifically approved with this application, direct lot access to Ustick Road is prohibited. 21. Comply with all Standard Conditions of Approval. 22. Per Christy Richardson's letter to Anna Powell- Planning and Zoning Director. stamped: RECENED FEB 04 2004 City of Meridian City Clerk Office, the applicant has submitted a revised layout of some of the local streets in the inte~section. The lay()Ut appears to meet the District's policies and is approved as proposed. 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. One and two family dwellings will require a fire-flow of 1 ,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 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 which will be submitted to the Public Works Department. All curbing in front offire hydrants shall be painted red for 10' on each side of the installation. 4. All roads shall have a turning radius of28' inside and 48~ outside. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE 22 OF 26 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. 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 tmn around. 7. The fire department requests that any future signalization installed as the result ofllie development of this project be equipped with Opticom, Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. 8. It is reqllilst-ed that Duane Dr. be eanneetcd ...villi :full'~'.ridth street to provide seOOfldary aooess for the project. A public street connection will be made to Duane Drive. However, the access will be restricted by a gate. The gate will allow for emergency vehicle, pedestrian and bicycle access. The Applicant shall coordinate the design of the gate with ACHD and the Meridian Fire Department. (per action of the City Council meeting of March 2, 2004.) E. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. The pump station at Dawson Meadows, that this project will hook up to, needs to be enlarged in order to meet the demand that will be put on it. 2. Applicant shall apply for a land use change/site application. F. 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 ldaho 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEATHER ESTATES SUBDIVISION NO.2 PLANNED DEVEWPMENT (AZ-03-021 ) , PAGE 23 OF 26 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 stomnvater management system that prevents groundwater and surface water degradation. G. Adopt the action of the City Council taken at their March 2, 2004 meeting as follows: For clarification: 1. Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Ada County Highway Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public~ service providers, agencies~ etc. (per Christy Richardson's of letter to Anna PoweIl- Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office.) Additionally, the Ada County Highway Commission, upon a public hearing, would then have to address the Duane Drive standards, width, sidewalks, and who would bear the expense for said improvements. At no point in time shall construction traffic, or extra vehicles, except the present existing surrounding homeowners, be allowed to use Duane Drive, and the existing fence, which is now in place, shall remain in place until such time as the gate can be constructed. 2. Since the most westernpomon of the property is to be made a part of this annexation which is to be rezoned to C-G, a Development Agreement shall be entered into between the City of Meridian and the owners of the property to be zoned C-G (Harry & Frances Bryson and Melvin R. and Noma E. Schrammeck Trust) that would restrict development of future uses for this area. The Development Agreement shall also cite the appropriate Comprehensive Plan policies (from Chapter VI and VII) as applicable to these properties. (See number B.Z. above for further explanation.) 3. Pertainingto the dispute over the boundary lines on Granger between the Applicant and Jim and Inna Mittleider, the Applicant resolved this situation by positioning the right-of-way further north to compensate for what the Mittleider's believe to be their property. The Applicant shall also work with the Mittleiders to work out the piping of ditches. Additionally, the Applicant stated on public record that they would be willing to meet with the Mittleiders to go over the development plan, and to discuss any issues they may have. 4. The revised Landscape Plan shows the increased landscape buffer along Us tick Road to be 35 feet, which meets the entryway conidor policy of the City. 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 REDFEATHER ESTATES SUBDMSION NO.2 PLANNED DEVELOPMENT (AZ-03.021) PAGE 24 OF 26 ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-4) Low Density Residential District and (C~G) General Retail and Service Commercial District, and Meridian City Code S 11-7-2. 5. Subsequent to the passage of the Ordinance provided forin section 4 of this 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 flied. 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 / Q-I1l d - day of #pv,.L , 2004. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING REDFEA THER ESTATES SUBDMSION NO.2 PLANNED DEVEWPMENT (AZ-03-021) PAGE 25 OF26 ROLL CALL COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED$ COUNCILMAN CHARLIE ROUNTREE VOTED ~ COUNCILMAN KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) DATED: 1---1 J - t9f- MOTION: APPROVED:L DISAPPROVED: VOTED Attest: \ - ... .. ~ .::- W'}}' G B J C' k" ' ,<":- 1 lam . erg, t., 1 er ~ ~ <'<.~t' $' ~ ~.- ~~ ~ I'I ,-vuN"f'{. \\' lit \\\ Copy served upon Applicant, the Planning'Wia ~'A'ing Department, Public Works Department and the City Attorney. B~t;:Pl7tl~ Dated, 4-t/-IJ4- Z:\WoJt:\M\Meri.dian\Meridian 1 S360MJWIfeather Estates Sub. No, 2 AZ-03-021 PP-03-D24 CUP-03-04 L \AZFftl&Ordcr.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTlNG APPLICATION FOR ANNEXATION AND ZONlNG REDFEATIfER ESTATES SUBDIVISION NO.2 PLANNED DEVELOPMENT (AZ-03-021) PAGE26 OF 26 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 10/08/04 03:35 PM DEPUTY Joanne Hooper RECORDED-REQUEST OF MERIDIAN CITY (. ...JUNT .00 45 111111/111I11111111111111111111111111 r~ 104129528 DEVELOPMENTAGREE~NT PARTIES: 1. 2. City of Meridian Packard Estates Development, LLC, Develper TillS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this~e f\i day of SeplembeY, 2004, by and between CITY OF MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY', and PACKARD ESTATES DEVELOPMENT, LLC, whose address is 6223 N. Discovery Way, Suite 120, Boise, Idaho 83713, and hereinafter called "DEVELOPER". 1. RECITALS: 1.1 WHEREAS, "DEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for the R-4 zoning, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and 1.2 WHEREAS, I.C. ~ 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "DEVELOPER" 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 fe-zoning of land; and 1.4 WHEREAS, "DEVELOPER" has submitted an application for annexation and zoning ofthe "Property" described in Exhibit A, and has requested a designation of (R-4) Low Density Residential District, (Municipal Code ofthe City of Meridian); and 1.5 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 DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 1 OF 19 subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.6 WHEREAS, City Council, the day of _' 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 1.7 WHEREAS, the Findings require the "DEVELOPER" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.8 "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 "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 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 ofthe City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and q;mditions 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 DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 2 OF 19 herein provided for, unless the clear context ofthe presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state ofIdaho, organized and existing by virtue oflaw ofthe State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to Packard Estates Development, LLC, whose address is 6223 N. Discovery Way, Suite 120, Boise, Idaho 83713, the party owning said "Property" being developed and shall include any subsequent owner(s) of the "Property" . 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R~4 attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section 11-7-2 (C) which are herein specified as follows: Development and construction of 302 building lots and 28 otlter lots on 90.29 acres/or the R-4 zone. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.A "DEVELOPER" shall develop the "Property" in accordance with the following special conditions: DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 3 OF 19 1. Removal of any existing domestic wells and/or septic systems within this project from their domestic service must be accomplished within two years of the approval ofthese Annexation and Zoning Findings, but it may be extended for an additional year by the City Engineer if good cause is shown, and pending development of the parcel would warrant the extension. Wells may be used for non-domestic purposes such as landscape irrigation. 2. 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- Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public. Works Department. Adopt the Recommendations of the Ada County Highway District as follows: 1. The Board of Commissioners authorizes the expenditure of available collected impact fees for the purchase of right-of-way dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation (or through a development offset agreement whereby the applicant is reimbursed :from impact fees to be collected solely from the applicant's specific development project) an additional 23- feet of right-of-way along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of23-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 Ustick Road, located a minimum of 23-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 Ustick Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct the main entrance, North Grenadier Way, to intersect Ustick Road approximately 370-feet east of the west property line, as proposed. This roadway shall align with an existing roadway that is located on the north side of Us tick Road. DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 4 OF 19 3. Construct North Grenadier Way and East Granger Street as residential collectors, but believes that these roadways should be constructed as 36~foot street sections with vertical curb, gutter and 4-foot detached concrete sidewalk (or a 5-foot attached concrete sidewalk). 4. Construct the remainder of the internal roadways as 36-foot street sections with rolled curb, gutter and 5- foot attached concrete sidewalks, as proposed. 5. Extend Granger Street from the east property line approximately 640-feet north of the south property line, as proposed. 6. Extend East Palm Street from the east property line approximately 440-feet north of the south property line, as proposed. 7. Install swinging gate at the connection of Duane Drive and Palm Street for the present time. Construct a pedestrianlbicyc1e pathway that connects the improvements on Duane Drive (south of the gate) to the 24-feet of pavement that exists (north of the gate). * Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, etc. (Per Christy Richardson's letter to Anna Powell- Planning and Zoning Director, stamped: REOEIVED FEB 042004 City of Meridian City Clerk Office.) 8. Construct a stub street (East Palm Street) to the west property line approximately 50D-feet north ofthe south property line, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURElI. 9. Construct a stub street tot eh south property line approximately 900-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 FUTURErr. 10. Construct a stub street to the 5-acre out parcel that is located at the south property line, as proposed. Install a sign at the terminus ofthe roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 5 OF 19 11. Construct a stub street to the north property line approximately 100- feet west of the east property line, as proposed. Install a sign at the terminus of the roadway stating that, nTmS ROAD WILL BE EXTENDED IN THE FUTUREn. 12. Construct a pedestrian path (rather than a stub street) that will connect this subdivision with Briarwood Subdivision, as proposed. 13. Before a building permit is issued for lot 242, install the center turn lane on Cloverdale Road at the intersection of Clover dale Road and Granger Street if the warrants are met prior to the District's reconstruction of Clover dale Road. 14. Coordinate the timing and the design of the right-turn radii on Ustick Road into the site at both Duane Drive and Grenadier Way with the District's Traffic Services Staff. 15. Construct an island/median within the public right-of-way of North Grenadier Way (near the intersection of Us tick Road), as proposed. Provide a minimum of a 21-foot street section on either side of any proposed center islands within the turnarounds. Construct the island/median to be a minimum of 4-feet wide to total a minimum of a 100-square foot area. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. 16. Construct five cul-de-sac turnarounds without center islands within the subdivision, as proposed. Provide a minimum turning radius of 45-feet. 17. Construct chokers on the north side of Palm Street at the intersection of Duane Drive to provide for a reduced street section. 18. Vacate the existing right-of-way, exchange the existing right-of-way, or improve the existing right-of-way within the proposed development (a portion of Granger Street and a 20-foot strip that abuts the Perkins Brown Subdivision's east property line). 19. Deter all construction traffic Duane Drive, as no construction traffic should utilize Duane Drive. 20. Other than the access point that has been specifically approved with this application, direct lot access to Us tick Road is prohibited. DEVELOPMENT AGREEMENT (AZ-03.021) PAGE 6 OF 19 21. Comply with all Standard Conditions of Approval. 22. Per Christy Richardson's letter to Anna Powell - Planning and Zomng Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Offi.g.y~ the applicant has submitted a revised layout of some of the local streets in the intersection. The layout appears to meet the District's policies and is approved as proposed. 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. One and two family dwellings will require a fire-flow of 1 ,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department which will be submitted to the Public Works Department. All curbing in front of fire hydrants shall be painted red for 10' on each side of the installation. 4. All roads 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. 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. 7. 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. The cost of this installation is to be borne by the developer. 8. It is requested that Dunne Dr. be connected '::ith full width street to pro'lido secondary access f{)r the project. A public street connection will be made to Duane Drive. DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 7 OF 19 However, the access will be restricted by a gate. The gate will allow for emergency vehicle, pedestrian and bicycle access. The Applicant shall coordinate the design of the gate with ACHD and the Meridian Fire Department. (per action of the City Council meeting of March 2, 2004.) Adopt the Recommendation ofNampa & Meridian hTigation District as follows: 1. The pump station at Dawson Meadows, that this project will hook up to, needs to be enlarged in order to meet the demand that will be put on it. 2. Applicant shall apply for a land use change/site application. 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. 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 storm water disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the action of the City Council taken at their March 2, 2004 meeting as follows: For clarification: 1. Duane Drive shall be a public street connection. Also, a public hearing would have to be held by the Ada County Highway Commission if there was a request for the gate to be removed. Anyone can make the request to remove the gate, which would include members of the public, service providers, agencies, etc. (per Christy Richardson's of letter to Anna DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 8 OF 19 Powell- Planning and Zoning Director, stamped: RECEIVED FEB 04 2004 City of Meridian City Clerk Office.) Additionally, the Ada County Highway Commission, upon a public hearing, would then have to address the Duane Drive standards, width, sidewalks, and who would bear the expense for said improvements. At no point in time shall construction traffic, or extra vehicles, except the present existing surrounding homeowners, be allowed to use Duane Drive, and the existing fence, which is now in place, shall remain in place until such time as the gate can be constructed. 2. Pertaining to the dispute over the boundary lines on Granger between the Applicant and Jim and hma Mittleider, the Applicant resolved this situation by positioning the right-of-way further north to compensate for what the Mittleider's believe to be their property. The Applicant shall also work with the Mittleiders to work out the piping of ditches. Additionally, the Applicant stated on public record that they would be willing to meet with the Mittleiders to go over the development plan, and to discuss any issues they may have. 4. The revised Landscape Plan shows the increased landscape buffer along Ustick Road to be 35 feet, which meets the entryway corridor policy of the City. Comply with all the conditions, recommendations and requirements of the corresponding applications of Preliminary Plat, Case No. PP-03-024, and the Conditional Use Permit, Case No. CUP-03-041. 6. COMPLIANCE PERlODI CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "DEVELOPER" or "Owner's" heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development" of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the ..City" has complied with the notice and hearing procedures as outlined in I.e. ~ 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 9 OF 19 "DEVELOPER" consent upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to~wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "DEVELOPER" and if the "DEVELOPER" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "DEVELOPER" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notifY the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 9. DEFAULT: 9.1 In the event "DEVELOPER" or "DEVELOPER'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 ofthe 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 ofthe Zoning Ordinance. 9.2 A waiver by "City" of any default by "DEVELOPER" of anyone or more ofthe 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. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "DEVELOPER'S" cost, and submit proof of such recording to "DEVELOPER", prior to the third reading ofthe Meridian Zoning Ordinance in connection with the annexation 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 oftms Agreement. DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 10 OF 19 ( 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "DEVELOPER", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "DEVELOPER" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, 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. 12.2 In the event the performance of any covenant to be performed hereunder by either "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 of time of such delay. 13. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code @12-5-3, to insure that installation of the improvements, which the "DEVELOPER" agrees to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "DEVELOPER" agrees that no Certificates of Occupancy will be issued until all improvements are 90mrlete.d, unless the "City" and "DEVELOPER" have entered into an addendum agreement" stating when DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 11 OF 19 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". 15. ABIDE BY ALL CITY ORDINANCES: That "DEVELOPER" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation ifthe owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties andlor required by this Agreement shall be deemed delivered if an<;l 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: DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 Packard Estates Development, LLC 6223 N. Discovery Way, Suite 120 Boise, Idaho 83713 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ill 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. . ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 12 OF 19 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "DEVELOPER" ofthe "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be 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 "DEVELOPER", to execute appropriate and recordable evidence oftermination ofthis Agreement if "City", in its sole and reasonable discretion, had determined that "DEVELOPER" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision ofthis Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "DEVELOPER" 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 "DEVELOPER" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the "City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 13 OF 19 ACKNOWLEDGl\1ENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. DEVELOPER: BY: j?~~ CITY OF MERIDIAN: ATTEST: DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 15 OF 19 STATE OF IDAHO ) :ss COUNTY OF ADA ) On this 1ft,1 day of Ju,--- 2004, before me, a Notary Public, personally appeared . Craig Groves, known or identified to me to be the Managing Member of Packard Estates Development, LLC, and the person who executed the instrument and acknowledged to me that he has executed the same on behalf of, Packard Estates Development, LLC. County of Ada ) On this ~ day of ~-( ~d~~, in the year 2004, before me, a Notary Public, personally appeare Tammy de Weerd and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. f~{J ,dJi~vt1~~- Notary . for I aho /7 ~ Residing at: (I . /i '// W"-;- Commission expires: .:2<;- 'i ( (SEAL) ...,~UII"",# ~\.\. "~ .......... CCA. L. At .~4' ~... '!J;J ~ ......00.....0 C'A ''\., It b, .. "T{_ GOc iiY. .. "...er. ~ ,,0 -,OT A. b t~ .. - ~ ....- "I; .r ':. ... ~. -.- : = .. ... .. :: )>lJBL\C l :: ..0 I "'f 1-, ....... ~~- .I 11 OF 1.\l .,'- 8ftIJ""'~ h i~1, I.~., .~ib . STATE OF IDAHO ) :ss (SEAL) ""tllln"..." ....." \,.. GA.,R "" .:0"" (:, -{ ........ b 4-: '..... Ie 0" .....~ ~ $~l ~01:A.R}- ...'-? ~ : :)..... ~: : g .......... 0 * : .... ~ e ".. · .. u 1'< () v:'" ';, C" PUB\..\ 0" $ ~ 0" . 0 ... ... .J> .. ." ....... ~ ...... />"1 """"" "...... 'P.....T..~ <t....",}'E Of \~.),,~.... "i,,IIlilitlii1.l , in the year tary Public for Idaho Residing at: ~ G.. ~ ~ Commission expire: f/t Of' DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 16 OF 19 ( North 89045'21" West 1329.51 feet to the Southwest comer of said SE y... of the NW y... of Section 4; thence along the West line of said SE y... of the NW ~ North 00037'36" East 665.34 feet to the Southwest comer of Perkins-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 said Perkins-Brown Subdivision South 89049'23" East 1309.56 feet to a point; thence continuing North 00037'48" East 20.00 feet to a point; thence continuing South 89049'23" East 20.00 feet to a point on the North-South center of section line of said Section 4 North 00037'48" East 638.25 feet to an iron pin marking the Southwest comer of said Government Lot 2; thence continuing North 00035'08" East 1289.31 feet to the POINT OF BEGINNING; Said Parcel Contains 90.81 Acres, more or less. DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 18 OF 19 EXHIBIT B Findinl!s of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-03-021) PAGE 19 OF 19 September 24, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT September 28. 2004 ITEM NO. 5-P REQUEST Public Pathway Easement for Glacier Springs Subdivision by Tuscany Development 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: Erna/led: Date: Staff Initials: Phone: Materials presented at public meetings shall become properly of the City of MeridIan. City of Meridian Public Works Dept. RECEIVED SEP 2 3 2004 City of Meridian City Clerk Office Memo To: Mayor de Weerd & City Council From: Karie Glenn CC: File Date: 9/2112004 Re: Proposed Agenda Items for 9/28/04 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 9/28/04 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Public Pathwav Easement for Glacier SpnnQs Subdivision bv Tuscanv Development. Typical Public Pathway Easement. Recommended Council Action: Approve the Public Pathway Easement for Glacier Springs Subdivision by Tuscany Development and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 PUBLIC PATHWAY EASEMENT This agreement made and entered into on this day of 2004, between Tuscany Development, Inc. an Idaho Corporation, whose address is PO Box 344 Meridian, Idaho 83680, hereinafter referred to as "Grantor", and City of Meridian, an Idaho Municipal Corporation, whose address is 33 East Idaho Street, Meridian, Idaho 83642, hereinafter referred to as "Grantee". WHEREAS, Grantor is the owner of a development on which a portion of the Ten Mile Creek Pathway is located on the south side of the Ten Mile Creek, which is a Blanket easement located within the Common Area in Lot 8, Block 3, of Glacier Springs Subdivision within the Plat and Landscape Plan, and which is more specifically described in Exhibit A and incorporated herein by this reference. WHEREAS, the Grantee required as a condition of approval, that the Grantor deed or convey ownership of the pedestrian pathway known as the Ten Mile Creek Pathway within its development to the Grantee upon completion of the pathway construction, and which Ten Mile Creek Pathway was noted on the Plat of the Landscape Plan. NOW, THEREFORE, Grantor hereby grants to Grantee, an easement for the Ten Mile Creek Pathway, which is a Blanket easement located within the Common Area in Lot 8, Block 3, of Glacier Springs Subdivision within the Plat and Landscape Plan, for the maintenance, use, repair, and operation thereof, and which pathway is more specifically described in Exhibit A and incorporated herein by this reference. PUBLIC PATHWAY EASEMENT AGREEMENT PAGE 1 OF5 The Grantee shall be permitted to make the pathway available to the public without charge for recreational uses as contemplated by Idaho Code 936-1604. The authorized uses of the pathway are limited to walking, jogging, inline skating, riding bicycles, and other human powered devices, no non-human-powered vehicles or devices shall be allowed, except access by handicapped persons with motorized wheelchairs or comparable equipment for access by handicapped persons only. Authorized uses shall not include horseback riding, hunting, or the use of motorized vehicles except for necessary access by law enforcement personnel or for constmction, maintenance or repair work by the City of the pathway or related improvements. The Grantee shall enforce its anti-littering ordinances, provide waste receptacles, and take other reasonable actions within its authority to prevent litter, trash or other material to gather or be deposited on or along the pathway authorized pursuant to this agreement. In the event any entity requires a license agreement with the Grantee regarding the pathway, if the pathway is to be maintained by the Glacier Springs Property Owner's Association and not Grantee, then said Propeliy Owner's Association, as the successor to Grantor regarding ownership and maintenance of common areas, shall enter into an indemnity agreement with Grantee regarding Grantee's maintenance and liability responsibilities. Any and all notices shall be hand delivered or, if sent by mail, shall be certified, postage prepaid, return receipt requested, addressed to the parties as follows: GRANTOR: Tuscany Development, Inc. PO Box 344 Meridian, ill 83680 GRANTEE: City of Meridian 33 East Idaho Meridian, Idaho 83642 PUBLIC P ATHW A Y EASEMENT AGREEMENT . U~2005 This Easement shall be perpetual from the Grantor, its heirs, its successors or assigns, to the Grantee. This Easement shall be binding upon the Grantor, its successors and assigns, and inure to the benefit of the Grantee and its successors and assigns, and shall run with the land. IN WITNESS WHEREOF, the parties hereto have executed this Ten Mile Creek Pathway Easement the day and year first above written. GRANTOR: GRANTEE: CITY OF MERIDIAN By: Mayor Tammy de Weerd By: William G. Berg, Jr., City Clerk PUBLIC PATHWAY EASEMENT AGREEMENT PAGE 3 OF3 STATE OF IDAHO, ) County of A A 0._ ) On this;;{ day of A (.t S (" f + ,2004, before me, the undersigned, a Notary Public in and for 'said State, personally appeared C';''r-f'~ ~ n ~'""'-s O'Y\ , known or identified to me to be the, and whose name is subscri ed to the Wlthm mstrument, and acknowledged to me that they executed the same for : ss: IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~~~uuau~g"'Q .......~ ~I\. L. lJ '4'.,." ,;."'" \.Y ..........0<1$-........ .. <l.. II 0 .... .. .. .."..,Y .0 .0 c.:'. -:. ~ ~ e .~ p ;; ~! ~o'tA~}-., ~ (SEAL) ~ : _._ : * :: ",~ "* ~ c:.:; " .. J> UB 1...;\ o. i! ce~ f:}. 0 l.~ if'').. "" o. ~ " ....4 0"""0"". '\) \'>- / '< l'E 0 F \. / ~1\:Ou~ of ac~r No Public for Idaho Residing at: r 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 TAMMY de WEERD and WILLIAM G . BERG, JR., known or identified to me to be the Mayor and City Clerk, respectively, for City of Meridian, and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: PUBLIC PA TffiV A Y EASEMENT AGREEMENT PAGE 4 OF4 EXHIBIT ~IA" DESCRIPTION FOR PEDESTRIAN PATHWAY EASEMENT PROPOSED GLACIER SPRINGS SUBDIVISION JULY 12, 2004 PEDESTRIAN ACCESS EASEMENTS IN FAVOR OF THE CITY OF MERIDIAN, lYING IN PROPOSED GLACIER SPRINGS SUBDIVISION, lOCATED IN THE SE 1/4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: AN EASEMENT FOR PUBLIC PEDESTRIAN PATHWAY, LOCATED IN THE SE 1/4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, . MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SE 1/4 OF SECTION 19, T. 3N., R 1 E., S.M., THENCE N 00034'26" E 1699.88 FEET ALONG THE WESTERLY LINE OF SAID SE 1/4 TO THE BEGINNING POINT OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID WESTERLY LINE, N 00034'26" E 46.73 FEET TO A POINT ON THE BOUNDARY OF KACHINA ESTATES; THENCE ALONG THE BOUNDARY OF KACHINA ESTATES THE FOLLOWING: THENCE S 50026'42" E 633.91 FEET TO A POINT; THENCE S 00020'43" W 46.88 FEET TO A POINT; THENCE LEAVING SAID BOUNDARY N 50026'42" W 634_15 FEET TO THE ENDING POINT OF THIS DESCRIPTION. WAYNE K. BARBER P.L.S. NO. 8444 PUBLIC P ATHW A Y EASEMENT AGREEMENT . PAGE50F5 September 24, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT September 28, 2004 ITEM NO. 5-Q REQUEST Locust Grove Utilities Change Order #1 with Civil Survey in Conjunction with Civil Survey AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY AlTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SElTLERS 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. ~'""~ ?""~~~" -c- ",,~ ?"? Ciql ~f Meiiaian" , ',:~ Public Works De~t~ ' ,,' ? ~" ? ... ~~y ", ~ v ~ "~ ': v ~" ~ _ '- v' RECEIVED SEP 2 3 200~ City Of Meridian City Clerk Office Memo To: Brad Watson From: Lenard Grady CC: Gary Smith Date: 9/23/2004 Re: Proposed Agenda a Items for September 28, 2004 City Council, Meeting The Public Works Department respectfully requests the following item(s) be placed on the September 28 City Council consent agenda: ~ Locust Grove Utilities Chanqe Order #1 with Civil Survey In Conjunction With ACHD Attached is Change Order #1 for additional services required by Civil Survey for easement design for this project. The Change order amount is $5,400.00 bringing the total contract price not to exceed $14,955. Recommended Council Action: The Public Works Department recommends that City Council approve Change Order #1 for additional work required on Locust Grove Utilities for $5,400 With Civil Survey and authorize the Mayor to sign it. ' Overland Road - Water & Sewer In Coniunction with ACHD with Civil Survey Attached is a contract with Civil Survey for water and sewer design on overland road in conjunctron with ACHD. The contract is for $27,300. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for $27,300 for water and sewer design on Overland Road in conjunction with ACHD with Civil Survey and authorize the Mayor to sign it. From the desk of. . . Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 898-9551 gradyt@meridiancity.org Eaqle Road - Water & Sewer In Coni unction with ACHD with Civil SUNev Attached is a contract with Civil SUNey for water and sewer design on overland road in conjunction with ACHD. The contract is for $25,020. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for $25,020 for water and sewer design on Eagle Road in conjunction with ACHD with Civil Survey and authorize the Mayor to sign it. . Page 2 CHANGE ORDER NO.1 No.1 DATE OF ISSUANCE September 30 EFFECTIVE DATE September 30 OWNER City of Meridian CONTRACTOR Civil Survey Contract: Locust Grove Utilities ENGINEER City of Meridian See Attached You are directed to make the following changes in the Contract Documents: CHANGE IN CONTRACT PRICE: Original Contract Price $ 9.550.00 Net Increase (Decrease) from previous Change Orders No. - to - $ None Contract Price prior to this Change Order: $ 9,550.00 Net increase (decrease) of this Change Order: $ 5AOO.00 Contract Price with all approved Change Orders: $ 14.955.00 Date: ~/2.") / (;)y J I EJCDC 1910-8-B (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by. The Associated General Contractors of America and the Construction Specifications Institute. APPROVED: CHANGE IN CONTRACT TIMES: Origin.al Contract Times: Substantial Completion: Ready for final payment: (days or dates) Net change from previous Change Orders No. _ to No. - Substantial Completion: Ready for final payment: (days) Contract Times prior to this Change Order: Substantial Completion: Ready for final payment: (days or dates) Net increase (decrease) this Change Order: Substantial Completion: Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: Ready for final payment: (days or dates) By: Mayor De Weerd Date: Attest: William Berg Jr., City Clerk Council Approval 8/28/04 Glenn K. Bennett, P.L.S. President Civil Survey Consultants, Inc. 100 South Adkins Way Su ite 1 0 1 Meridian, Idaho 83642 (208)8884312 Fax 888-0323 Timothy A. Burgess, P.E. Vice President September 9, 2004 Brad Watson, P.E. City Engineer City of Meridian 660 E. Watertower Meridian, ill 83642 Re: Locust Grove Road - Water and Sewer Improvements In Conjunction With ACHD Project - Additional Design Services Dear Brad: As you requested, we have prepared a supplemental request to prepare and obtain easements 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). We will send an additional letter to each property owner outlining any permanent and temporary easement requirements to construct the proposed improvements and will include a sample easement form. A copy of the letter will be sent to you for approval of the content and wording prior to being issued. We will assume that tillS project is for tile benefit of the property owner and as such the necessary easements will be granted for no cost. We will use easements granted to ACHD to the extent possible for the utility work. If a propeliy owner requests payment for an easement we will forward that request to the City for approval. We will mail a copy of the completed plan sheets to each propeJiy owner affected by tile sheet, along with any required easement forms for execution. We will provide the completed and recorded easement f01111s to tile City prior to construction along with a written listing of any property O\vners that refused to grant an easement. Should a property owner refuse to grant all easement the service will end one foot short of the propelty line and a note placed on the plans restricting the contractors operation to public right-of-way only. We suggest that the City ask ACHD to include utility service extensions in any easements obtained by ACHD for the pI' oj ect. Watson September 9,2004 Page 2 of2 We propose to provide the additional Design Services as outlined above on a time and materials basis with a not to exceed amount of $5,400.00 without prior approval of the City of Meridian. Sincerely, CIVIL SURVEY CONSULTANTS, INC. ~~ Tim Burgess, P.E. September 24, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT September 28, 2004 ITEM NO. 5-R REQUEST Overland Road - Water & Sewer in Conjunction with ACHD with Civil Survey 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 publlc meetings shall become properly of the City of Meridian. ~ CitY of Meridian Public Works Dept. RECEIVED SEP 2 3 2004 C~ty Of Meridian CIty Clerk Office Memo To: Brad Watson From: Lenard Grady CC: Gary Smith Date: 9/23/2004 Re: Proposed Agenda a Items for September 28, 2004 City Council, Meeting The Public Works Department respectfully requests the following item(s) be placed on the September 28 City Council consent agenda: Locust Grove Utilities Change Order #1 with Civil Survey In Coni unction With ACHD Attached is Change Order #1 for additional services required by Civil Survey for easement design for this project. The Change order amount is $5,400.00 bringing the total contract price not to exceed $14,955. Recommended Council Action: The Public Works Department recommends that City Council approve Change Order #1 for additional work required on Locust Grove Utilities for $5,400 With Civil Survey and authorize the Mayor to sign it. ~ Overland Road - Water & Sewer In Coniunction with ACHD with Civil Survey Attached is a contract with Civil Survey for water and sewer design on overland road in conjunction with ACHD. The contract is for $27,300. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for $27,300 for water and sewer design on Overland Road in conjunction with ACHD with Civil Survey and authorize the Mayor to sign it. From the desk of... Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 898-9551 grady1@meridiancity.org Eaqle Road - Water & Sewer In Coni unction with ACHD with Civil Survey Attached is a contract with Civil Survey for water and sewer design on overland road in conjunction with ACHD. The contract is for $25,020. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for $25,020 for water and sewer design on Eagle Road in conjunction with ACHD with Civil Survey and authorize the Mayor to sign it. . Page 2 Glenn K. Bennett, P .L.S. President Civil Survey Consultants, Inc. 100 South Adkins Way Suite] 0] Meridian, Idaho 83642 (208)888-43] 2 Fax 888-0323 Timothy A. Burgess, P.E. Vice President September 9, 2004 Brad Watson, P.E. City Engineer City of Meridian 660 E. Watertower Lane Suite 200 Meridian, ID 83642 Re: Overland Road - 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 Overland Road between Linder Road and Meridian Road (ACHD Project No. 603052). The professional services required are to prepare plans, bid schedule, special provisions and cost estimate to construct potable water and sanitary sewer improvements in Overland Road as pali of ACHD's roadway reconsh'uction project. The anticipated design elements include the following: A. WATER SYSTEM IMPROVEMENTS 1. Provide service to approximately thirty parcels at designated locations. 2. Adjust existing main in Overland Road at the Hardin Drain and the Kennedy Lateral as necessary. 3. Adjust approximately 24 existing valves. 4. Adjust water mains and water services where conflicts exist with new storm drain or irrigation pipes. 5. Install approximately 400 LF of new 12"0 main in OVerlalld Road west from Linder Road. 6. Install approximately 300 LF of new 12"0 main in Linder Road south from Overland Road. Watson September 9, 2004 Page 2 of 3 B. SANITARY SEWER IMPROVEMENTS 1. Provide service to approximately thirty parcels at designated locations. 2. Install approximately 900 LF of new 8"0 main in Overland Road west from Meridian Road. 3. Install approximately 2500 LF of new dry line sewer in Overland Road from Tech Lane west to 400' west of Linder Road. The City shall provide information indicating required depth of line. 4. Install approximately 300 LF of new dry line sewer in Linder Road south from Overland Road. The City shall provide information indicating required depth of line. We will send a letter to each property owner with ground adjacent to the project that is not currently served by city services. The letter will advise them of the project, advise them the City will install a service stub to their propeliy at their request, and advise them oftlle estimated costs tllat will be charged to them upon c01mection to the stub. The letter will also outline any permanent and temporary easement requirements to construct the proposed improvements and will inClude a sample easement form. A copy of tlle letter will be sent to you for approval of the content and wording prior to being issued. The City will provide us with a mailing list for all propeliy owners within the project limits. We will contact property owners with an existing structure and obtain tlle information necessary to design tlle sewer main to service their existing structure. Again, we will outline any permanent and temporary easement requirements to construct the proposed improvements and will include a sample easement form. We :will assume that this proj ect is for the benefit of the property owner and as such the necessary easements will be granted for no cost. We will use easements granted to ACHD to the extent possible for the utility work. If a property owner requests payment for an easement we will forward that request to the City for approval. Should a property owner refuse to grant any easement we will design the service to 'end one foot Sh01i ofthe right-of-way line so that the service extends outside the roadway pnsm. Plans will be prepared once the City has provided our office with electronic files of the final design submittal to ACI-ID. We request the City obtain permission from ACHD to use the electronic files for utility design purposes. We also suggest that the City ask ACHD to include utility service extensions in any easements obtained by ACHD for tlle project. We will submit the plans to ACHD and DEQ for review and approval prior to construction. We will also mail a copy ofthe completed plan sheets to each property owner affected by the sheet, along with any required easement forms for execution. We will provide the completed and recorded easement forms to the City prior to .construction along with a -written listing of any propeliy owners that refused to grant an easement. Should a property owner refuse to grant an easement tlle service will end one foot Watson September 9, 2004 Page 3 of3 short of the property line and a note placed on the plans restricting the contractors operation to public right-of-way only. It will be the City's responsibility to negotiate and execute the Joint Effort Agreement for construction with ACHD. All required work to adjust the water main across the Hardin Drain and the Kem1edy Lateral will be perfOlmed under ACHD's agreement with the Nampa-Meridian Irrigation District. We propose to provide 40-scale plans on 22"x34" sheets to match ACHD's plans. We anticipate that the plan set will include a cover sheet, general note sheet, 7 plan and profile sheets, and three city standard detail sheets. The total set is anticipated to include 12 sheets. We propose to provide the Design Services as outlined above on a time and materials basis with a not to exceed amount of$27,300.00 without prior approval of the City of Meridian. We have enclosed a copy of om man-hom and fee estimates for yom reference. Construction services are not included under this sc.ope of services. Sincerely, CIVIL SURVEY CONSULTANTS, INC. f~ Tim Burgess, P .E. Civil Survey Consultants Man-hour Estimate Meridian City Water and Sewer Improvements in Association with Overland Road (Linder to Meridian) Project Task Description Project Chief of P rolect Design Technician I Technician II Total Manager Su rveys Engi neer Engi neer Design L Coordination and Meetings 4 4 8 16 2. Cover Sheet (I) 4 4 3. Plan and Profile Sheets (7) 4 104 108 4. General Note Sheet (l) 4 4 5. Standard Detail Sheets (3) 4 4 6. Special Provisions & Estimates 2 12 16 30 7. ACHD Coordination 4 4 8. Propertv Owner Coordinantion 8 40 48 9. Review and Approval 4 12 24 40 10. Prepare and Obtain Easements 180 Design Total Man.Hours 14 0 40 0 384 0 258 Classification Hours Rate Total Proied ManaE'er 14.00 @ $90.00 - $1,260.00 Chief of Surveys 0.00 @ $90.00 = $0.00 Proiect Engineer 40.00 @ $70.00 .= $2,800.00 Design Engineer 0.00 @ $65.00 .= $0.00 Technician I 384.00 @ $60.00 '" $23,040.00 Technician II 0.00 @ $55.00 - $0.00 Labor Subtotal 258.00 $27,100.00 Classification Hrs/Miles Rate Tota! Misc. Printing $200.00 GPS 0.00 $40.00 $0.00 Direct Subtotal $200.00 Total Design Fees $27,300.00 Mer.Util.Overl and .xl s '. . ( . cIVIL SURVEY CONSULTANTS,INL. AGREEMENT FOR PROFESSIONAL SERVICES Project No, THIS AGREEMENT between THE CITY OF MERIDIAN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY CONSULTANTS, 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 Overland Road (Linder Road to Meridian Road), ACHD Project No. 603052, hereinafter referred to as the PROJECT. CLIENT INFORMA nON 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 perfonnance 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 s~bsurface explorations; hydrographic surveys; laboratory tests and inspection reports of samples, materials and equipment; studies and interpretations of all envirorunental 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 upon public and private propeliy as required for CSC to perfonn services under this Agreement. SERVICES TO BE PERFORMED BY CSC CSC will provide services as outlined in tbe attached letter dated September 9, 2004. BASIS OF FEE AND BILLING SCHEDULE The Client will pay CSC for services provided under this Agreement per the attached letter dated September 9,2004. 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. BY: NAME: TITLE: ATTEST BY: NAME: TITLE: APPROVED BY CITY COUNCIL: Civil Survey Consultants, Inc. ]00 South Adkins Way, Suite 101 Merid~ BY:~tL~ Timothy A. Burgess, Vice President City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 wo 10f4 9/912004 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 will be performed in accordance with generally accepted professional practices for the intended use ofthe 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 part ofthe 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 CSe's judgment based on that experience, but CSC does not guarantee or warranty that either quotes, bids or estimates prepared by contractors, subcontractors or other will not deviate from opinions prepared by CSC. 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 CSC modify any PROJECT aspect to reduce construction costs, then those services shaIl be considered additional and beyond the scope of this Agreement unless specifically stated otherwise in this Agreement. REUSE OF DOCUMENTS - CSC shall retain an ownership interest of all professional products prepared by CSC. The CLIENT agrees tbat no product will be reused without specific written permission of CSC. The CLIENT agrees to indemnifY and hold CSC harmless from any claims, damages, losses and expenses arising fi'om 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 ldabo will govern tbe 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 party 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 palty. TIMES OF PAYMENTS - CSC shall submit monthly statements for services rendered and for ReimbW"sable Expenses incurred. CLIENT shall make prompt monthly payments. If CLIENT falls to make any payment due CSC for services and expenses within thirty (30) days after receipt of CSe's statement therefor, the amounts due CSC will be increased at the rate of wo 20f4 9/9/2004 ( ( 1.5% per month from said tenth d~y, and in addition, CSC may, after giving ten dcty,,; written notice to CLIENT, suspend services under this Agreement until CSC has been paid in full all amounts due for services, expenses and charges. TERMINATION - The obligation to provide further 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 of this Agreement when said substantial lack of performance is through no fault ofthe tenninating patty. If this Agreement is terminated by either palty, 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 discovelY 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 CLIENT 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 public, and/or the environment, and the CLIENT agrees to compensate CSC for the additional cost of such work. In addition, the CLIENT waives any claim against CSC, and agrees to indemnify, defend and hold CSC harmless from any claim or liability for injury or loss arising from 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 Oftllis Agreement shall be decided tlrrough 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 - [n the event that legal action is brought by either party agaillst 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 sums, if any, may be due. Such legal costs sh'all include, but not be limited to, reasonable attorney's fees, court costs, expert witness fees and other documented expenses, as well as the value oftime spent by the prevailing patiy 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 oftime spent and the expenses incurred shan, on CSC's part, be computed based upon CSC's prevailing fee schedule and expense reimbursement policy relative to the recovelY of direct project costs. EXTENT OF AGREEMENT - This Agreement represents the entire and integrated agreement between the CLIENT and cse 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 cse. wo 30f4 9/9/2004 Glenn K. Bennett, P.L.S. Presi dent Timothy A. Burgess, P.E. Vice President Labor: Civil Survey Consultants, Inc. 100 South Adkins Way Suite 101 Meridian, Idaho 83642 (208)888-4312 Fax 888-0323 CIVIL SURVEY CONSULTANTS PREVAILING FEE SCHEDULE EFFECTIVE OCTOBER 1, 2002 Project Manager Chief of Surveys Proj ect Engineer Design Engineer Design/Survey Teclmician 1 Design/Survey Technician 2 - $ 90.00 per hour - $ 90.00 per hour - $ 70.00 per hour - $ 65.00 per hour - $ 60.00 per hour - $ 55.00 per hour Direct Expenses: GPS - $ Vehicle 2- Wheel Drive - $ Vehicle 4- Wheel Drive - $ Outside Printing - $ Long Distance Telephone - $ Sub-Consultants - $ 40.00 per hour No Charge No Charge Cost Cost Cost WO 4 of 4 9/9/2004 September 24, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT September 28. 2004 ITEM NO. 5-5 REQUEST Eagle Road - Water & Sewer in Conjunction with ACHD with Civil Survey 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: SmLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OfFICE: OTH ER: See attached / Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meetings shall become property of the City of Meridian. > "" ~ . > " v ~ X ," ,. . ~ CitY of Meridian"~ ::"" " " , Public Works Dept. ' ~ ' . , A" ~J,~~?X:"./:~~}~1 <o^~: ~ ' RECEIVED SEP 2 3 2004 City Of Meridian City Clerk Office Memo To: Brad Watson From: Lenard Grady CC: Gary Smith Date: 9/23/2004 Re: Proposed Agenda a Items for September 28, 2004 City Council. Meeting The Public Works Department respectfully requests the following item(s) be placed on the September 28 City Council consent agenda: Locust Grove Utilities Change Order #1 with Civil SUNev In Coni unction With ACHD Attached is Change Order #1 for additional seNices required by Civil Survey for easement design for this project. The Change order amount is $5,400.00 bringing the total contract price not to exceed $14,955. Recommended Council Action: The Public Works Department recommends that City Council approve Change Order #1 for additional work required on Locust Grove Utilities for $5.400 With Civil Survey and authorize the Mayor to sign it. ' Overland Road - Water & Sewer In Coniunction with ACHD with Civil SUNev Attached is a contract with Civil Survey for water and sewer design on overland road in conjunction with ACHD. The contract is for $27,300. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for $27,300 for water and sewer design on Overland Road in conjunction with ACHD with Civil Survey and authorize the Mayor to sign it. From the desk of. ., Lenard Grady Staff Engineer Meridian Public Works Department 660 E. Watertower, Suite 200 Meridian, Idaho 83642 . Page 1 (208) 898-5500 Fax: (208) 898-9551 gmdyl@meridiancity.org ~ Eaqle Road - Water & Sewer In Coniunction with ACHD with Civil Survey Attached is a ~ contract with Civil Survey for water and sewer design on overland road in conjunction with ACHD. The contract is for $25,020. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for $25,020 for water and sewer design on Eagle Road in conjunction with ACHD with Civil Survey and authorize the Mayor to sign it. . Page 2 Glenn K Bennett, P.LS. President Civil Survey Consultants, Inc. 100 South Adkins Way Suite 101 Meridian, Idaho 83642 (208)88&-4312 Fax 88&-0323 Timothy A Burgess, P.E. Vice President September 9> 2004 Brad Watson, P.E. City Engineer City of Meridian 660 E. Watertower Lane Suite 200 Meridian, ill 83642 Re: Eagle Road - 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 Eagle Road between Copper Point and Victory Road (ACHD Project No's. 504043 RD203-17 and 303014 IN277). The professional services required are to prepare plans, bid schedule, special provisions and cost estimate to construct potable water and sanitary sewer improvements Eagle Road as part of ACHD's roadway reconstruction project. The anticipated design elements include the following: A WATER SYSTEM IMPROVEMENTS 1. Provide service to approximately twenty-two parcels at designated locations. 2. Adjust existing main in Eagle Road at the Ridenbaugh Canal and the McDonald Lateral as necessary . 3. Adjust approximately 16 existing valves. 4. .Lower existing main at Eagle Road and Victory Road intersection to provide necessary cover. 5. Adjust water mains and water services where conflicts exist with new storm drain or irrigation pipes. 6. Install approximately 800 LF of new 12"0 main in Victory Road :from Eagle Road east to existing blow-off, including crossing under the McDonald Lateral. .' Watson September 9,2004 Page 2 of 3 B. SANITARY SEWER IMPROVEMENTS 1. Provide service to approximately twenty parcels at designated locations. 2. Install approximately 2000 LF of new 8"0 main in Eagle Road. 3. Install approximately 800 LF of new 8"0 main in Victory Road. We will send a letter to each property owner with ground adjacent to the project that is not cunentIy served by city services. The letter will advise tIlem of the proj ect, advise them the City will install a service stub to their property at their request, and advise them of the estimated costs that will be charged to them upon connection to the stub. The letter will also outline any permanent and temporary easement requirements to construct the proposed improvements and will include a sample easement form. A copy oHhe letter will be sent to you for approval of the content and wording prior to being issued. The City will 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 infol11latiol1 necessary to design the sewer main to service their existing structure. Again, we will outline any permanent and tempormy easement requirements to construct the proposed improvements mId will include a sample easement form. We will asslllile that this project is for the benefit of the propelty owner mId as such the necessary easements will be granted for no cost. We will use easements granted to ACHD to the extent possible for tIle utility work. If a property owner requests payment for an easement we will forward that request to the City for approval. Should a property owner refuse to grant mlY easement we will design the service to end one foot sh01t of the right-of-way line so that tIle service extends outside the roadway pnsm. Plans will be prepared once the City has provided om office witIl electronic files of the final design submittal to ACHD. We request the City obtain pennission from ACHD to use the electronic files for utility design pmposes. We also suggest that the City ask ACHD to include utility service extensions in any easements obtained by ACHD for the project We will submit the plans to ACHD and DEQ for review and approval prior to construction. We will also mail a copy of the completed plan sheets to each property owner affected by the sheet, along with any required easement forms for execution. We will provide the completed and recorded easement forms to the City prior to construction along with a vvrittenlisting of any property owners that refused to grant an easement. Should a property owner refuse to grant ml easement the service will end one foot 8h01t of the property line and a note placed on the plans restricting the contractors operation to public right-of-way only. . . Watson September 9,2004 Page 3 of3 It will be the City's responsibility to negotiate and execute the Joint Effort Agreement for construction with ACHD. All required work to adjust the water main across the Ridellbaugh Canal and the McDonald Lateral will be performed ill1der ACHD's agreement with the Nampa-Meridian lITigation District Installation ofthe sewer and water mains in Victory Road will extend approximately 50' west and 350' east outside the limits of ACHD's roadway project We will perform any additional topographic surveying required to design the sewer and water mains beyond the limits of ACHD's roadway project We propose to provide 40-scale plans on 22"x34" sheets to match ACHD's plans. We anticipate that the plan set will include a cover sheet, general note sheet, 6 plan and profile sheets, and three city standard detail sheets. The total set is anticipated to include 11 sheets. We propose to provide the Design Services as outlined above on a time and materials basis with a not to exceed amount of$25,020.00 without prior approval ofthe 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, lNe. ~~ Tim Burgess, P.K Civil Survey Consultants Man-hour and Fee Estimate Meridian City Water and Sewer Improvements in Association with ACHD's Locust Grove (Franklin to Fairview) Project Task Description Project Chief of P roj ect Design Technician I Technician II Total Manal2"er S u rvevs Enl2"i neer Engineer Desil<n L Coordination and Meetings 2 '4 8 14 2. Cover Sheet (1) 4 4 3. Plan and Profile Sheets (6) 4 96 100 4. General Note Sheet (1) 4 4 5. Standard Detail Sheets (3) 6 6 6. Soecial Provisions & Estimates 2 12 12 26 7. ACHD Coordination 4 4 8 8. Prooertv Owner Coordinantion 8 32 40 9. Topograohic Survev 12 12 24 10. Review and Approval 4 12 24 40 11. Prepare & Obtain Easments 120 120 Design Total Man.Hours 12 0 40 0 322 12 386 Classification Hours Rate Total Proiect Manager 12.00 @ $90.00 = $1,080.00 Chief of Survevs 0.00 @ $90.00 - $0.00 Proiect Engineer 40.00 @ $70.00 = $2,800.00 Desil<n Enl<ineer 0.00 @ $65.00 = $0.00 Technician I 322.00 @ $60.00 '" $19.320.00 Technician II 12.00 @ $55.00 =- $660.00 Labor Subtotal 386.00 $23,860.00 CI as sificat io n Hrs/Miles Rate Total Misc. Printing $200.00 GPS 24.00 $40.00 $960.00 Direct Subtotal $1,160.00 Total Design Fees $25,020.00 Mer.Util.Eagle.xls :/ cIVIL S~VEY CONSULTANTS, n*~. AGREEMENT FOR PROFESSIONAL SERVICES Project No. THIS AGREEMENT between THE CITY OF MERIDIAN, hereinafter referred to as the "CLIENT" and CIVIL SURVEY CONSULTANTS, INC., an Idaho Corporation, hereinafter referred to as "esc" 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 Eagle Road (Copper Point to Victory), ACHD Project No's. 504043 RD203-17 and 303014 IN277, hereinafter referred to as the PROJECT. CLIENT INFORMATION AND RESPONSIBILITIES The CLIENT will provide to CSC a full and complete description ofthe PROJECT including; aU 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; l-iydrographic 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 pennission for CSC to enter upon public and private property as required for CSC to perfolll services under this Agreement. SERVICES TO BE PERFORMED BY CSC CSC will provide services as outlined in the attached letter dated September 9, 2004. BASIS OF FEE AND BILLING SCHEDULE The Client will pay CSC for services provided under this Agreement per the attached letter dated September 9, 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. BY: NAME: TITLE: A TTEST BY: NAME: TITLE: APPROVED BY CITY COUNCIL: Civil Survey Consultants, Inc. ] 00 South Adkins Way, Suite] 0 I Meridi~ BY: ~;f4 / ~ Timothy A. Burgess, Vice President City of Meridian. 33 E. Idaho Avenue .Meridian, Idaho 83642 wo 1 of 4 9/9/04 CIVIL SURVEY CONSULTANTS, INe. 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 will be performed in accordance with generally accepted professional practices for the intended use ofthe 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 esc. 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 performlllg their work. Accordingly, esc can neither guarantee the performance of the construction contracts by Contractor(s) nor assuine 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. OPINJONS OF COST - CSC may be asked to provide opinions of construction or PROJECT costs as pali 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 deternlining 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 CSC does not guarantee or warranty that either quotes, bids or estimates prepared by contractors, subcontractors or other will not deviate from opinions prepared by CSC. 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 CSC modify any PROJECT aspect to reduce construction costs, then those services shall be considered additional and beyond the scope of this Agreement unless specifically stated otherwise in this Agreement. REUSE OF DOCUMENTS - CSC 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 CSC. 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 pmiy 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 anYOlle 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 pmi)'. 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 wo 20f4 9/9/04 expenses within thirty (30) days afteneceipt of CSe's statement therefor, the amouric~ due CSC will be increased at the rate of 1.5% per month from said tenth day, and in addition, CSC may, after giving ten days' written notice to CLIENT, suspend services under this Agreement until CSC has been paid in full all amounts due for services, expenses and charges. TERMINATION - The obligation to provide further 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 of this Agreement when said substantial lack of performance is through no fault of the terminating party. If this Agreement is terminated by either palty, 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 esc 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 shou Id 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, andlor the environmel1t. CSC agrees to notify the CLIENT as soon as practically possible should unanticipated hazardous materials or suspected hazardous materials be encountered. The CLIENT encourages CSC to take any and all measures that in ese's professional opinion are justified to preserve and protect the health and safety of CSC's personnel and the public, andlor 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 from CSe's encountering unanticipated hazardous materials or suspected hazaI'dous 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 arlsmg 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 paIty shall be reimbursed by the other for the prevailing party's legal costs, in addition to whatever other judgments or settlement sums, if any, may be due. Such legal costs shall include, but not be limited to, reasonable attorney's fees, cOUli costs, expeli 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 9/9/04 Glenn K. Bennett, P.L.S. President Civil Survey Consultants, Inc. 100 South Acllcins Way Suite 101 Meridian, Idaho 83642 (208)888-4312 Fax 888-0323 Timothy A. Burgess, P.E. Vice President CIVIL SURVEY CONSULTANTS PREVAILING FEE SCHEDULE EFFECTIVE OCTOBER 1, 2002 Labor: Proj ect Manager Chief of Surveys Project Engineer Design Engineer Design/Survey Teclmician 1 Design/Survey Technician 2 - $ 90.00 per hour - ~ 90.00 per hour - $ 70.00 per hom' - $ 65.00 per hour - $ 60.00 per hour - $ 55.00 per hour Direct Expenses: GPS - $ Velucle 2- \Vheel Drive - $ Vehicle 4- Wheel Drive - $ Outside Printing - $ Long Distance Telephone - $ Sub-Consultants - $ 40.00 per hour No Charge No Charge Cost Cost Cost WO 4 of 4 9/9/04 September 24, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT September 28, 2004 ITEM NO. 5-T REQUEST Ten Mile Road Waterline Latecomer Agreement with Lochsa Falls, LlC 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: 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. RECEIVED CitY of ,Meridian Public Works Dept. , ' SEP 2 3 2004 City Of Meridian City Clerk Office Memo To: Mayor De Weerd & City Council From: Brad Watson, P.E. CC: File, Doug Strong, City Clerk Date: 9/23/04 Re: September 28, 2004 City Council Meeting Agenda Item The Public Works Department requests that the item below be considered on September 28 City Council agenda, on the Consent Agenda, for Council's consideration. ~ 1. Ten Mile Road Waterline Latecomer Aqreement with Lochsa Falls. LLC. This standard latecomer agreement is for a 12-inch water main constructed in Ten Mile Road to serve Lochsa Falls Subdivision but provides water service to other adjacent properties. Recommended Council Action: Approve the Ten Mile Road Waterline Latecomer Agreement with Lochsa Fans, LLC, and authorize the Mayor to sign and City Clerk to attest. 2. Cross-site Sewer Extension Latecomer Agreement with Lochsa Falls, LLC. This standard latecomer agreement is for a 24-inch sewer main constructed from Ten Mile Road to Linder Road across the Lochsa Falls Subdivision. It provides sewer service to an extensive area of other properties. Recommended Council Action: Approve the Cross-site Sewer Extension Latecomer Agreement with Lochsa Falls, LLC, and authorize the Mayor to sign and City Clerk to attest. Thank you for your ':;;J;?ZJ . Page 1 TEN MILE ROAD WATER LINE EXTENSION LATE COMERS AGREEMENT This Agreement made and entered into this _ day of , 2004, by and between LOCHSA FALLS LLC, an Idaho Limited Liability Company, hereafter referred to as "Lochsa", and the CITY OF MERIDIAN, hereinafter referred to as "City." WITNESSETH: WHEREAS, the City limits extend North of McMillan Road, but prior to this Agreement and the construction referred to herein, such area was not provided water service by the City; and WHEREAS, Lochsa constructed a water line from an existing water line to an area North of McMillan Road and in Ten Mile Road as shown in Exhibit "A", which water lines are able to provide service to land North and South of McMillan Road to the land shown in Exhibit "A" which is attached hereto and by this reference incorporated as if set forth in full; that the Total Service Area is approximately 212.37 acres which, if developed under the land use density projections shown on Exhibit "B", which is attached hereto and by this reference incorporated herein as if set forth in full, with land use densities shown on Exhibit "B", there would be a total of 467 equivalent residential units (ERU) in the 212.37 acres; and WHEREAS, Lochsa and E.L. Bews, owners of another development within the aforementioned Total Service Area, have already made separate arrangements for E.L. Bews to reimburse Lochsa for a share of the cost of construction of the aforementioned water line, and to share in the amounts collected by Lochsa under this Late Comers Agreement, such that Lochsa and E.L. Bews properties shall be collectively referred to herein as "Lochsa Properties" for convenience purposes, which properties collectively consist of 88 ERU and that on the land not included in the Lochsa Properties, there would be 379 ERU; and WHEREAS, the water line constructed by Lochsa will benefit land other than only the Lochsa Properties; that the land that can be served by the said water line is shown in Exhibit "A"; that the developable land that can be served by the water line could contain 467 ERU's; that the existing developed areas that eventually connect to the water line serviced by the City TEN MILE WATER LINE LATE COIv.1ERS AGREEMENT Page 1 will be subject to the latecomer fees described herein; that seventy-eight percent (78%) of the land not included in the Lochsa Properties would be developed in ten years, the term that a Latecomers Agreement is allowed to run by law, and "WHEREAS, the total cost of constructing the said water line borne by Lochsa was, $104,286.97; and the water line will benefit the Lochsa Properties which could contain 88 ERU's, or 18.84% of the total area to be benefited by the construction of the water line; therefore the cost to Lochsa to construct the water line to and through his own subdivision(s) would be $19,650.92; that by subtracting this amount as the total Lochsa's cost share, the total cost to all latecomers is $84,636.05; and then dividing by 78% of the remaining number of ERU's that could be served by the water line; and then adding 10% for City Administration Cost, there should be a latecomers fee of $315.59, plus interest, per ERU as shown in Exhibit "C"; and "WHEREAS, Section 9-1-13 of the Water Ordinance provides that the City may enter into water line extension and reimbursement agreements and that section further provides that water users who subsequently COlll1ect to the extended water line(s) shall be charged an eight (8) inch diameter water line equivalency fee; said fees are in addition to the connection and user charges normally assessed a user due to the fact the user has not contributed to the cost of the extended line; the bove fee is hereafter referred to as "Late Comer Fee"; the above ordinance section provides that the late comers fee may be used to reimburse the person or persons so extending the water line(s). "WHEREAS, pursuant to Section 9-1-12 of the Water Ordinance, the City is required to charge a Water Construction Equivalency Fee to any person or property owner who has not otherwise paid for, or contributed proportionately toward, the costs and expenses of constructing a water line, whether that construction has been performed by the City, a local improvement district or a private entity, or combination thereof, and who subsequently desires to connect to the City water system, shall be required to pay an additional connection charge which shall be lrnown and referred to as the "Water Construction Equivalency Fee". NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The above recitals are contractual and are incorporated herein as if set forth in full. TEN MILE WATER LINE LATE COMERS AGREEMENT Page 2 2. That Lochsa has paid or will pay for engineering, planning and construction of the water line shown in Exhibit "A", and which will benefit the land also shown in Exhibit "A". 3. Lochsa has contributed or will contribute $104,286.97 to total construction costs , of the said water line, of which Lochsa is entitled to be reimbursed the sum of $84,636.05 plus interest, which represents land that could be served by the water line but is not included in Lochsa Properties. 4. That for all land in Exhibit "A" subsequently connecting to the water line referred to in Exhibit "A", except the land in the Lochsa Properties, the City will charge the swn of $315.59 plus interest, per ERU as shown in Exhibit "C"; such users shall hereafter be referred to as "LATE COMERS"; that the charge is the Water Construction Equivalency Fee authorized in section 9-1-12 and established by this Agreement, which fee shall herein be referred to as "LATE COMERS FEE"; the fee is in addition to any other water charges for connection to the water system; the computation of the Late Comers Fee is shown on Exhibit "c" attached hereto and by this reference incorporated herein. 5. That all the late comer fees assessed above in Paragraph 4 shall be set aside and deposited to a special account to be designated the "TEN MILE WATER LINE EXTENSION PROJECT REIMBURSEMENT ACCOUNT" and shall reflect interest at a rate of 6% to be accrued on the unpaid balance once a year at the City's Fiscal Year End (9/30) each year for the term ofthe agreement, and shall be distributed quarterly to Lochsa. 6. That the latecomer fees assessed, which will go into the TEN MILE WATER LINE EXTENSION PROJECT REIMBURSEMENT ACCOUNT, shall increase at a rate of 6% per annwn as shown in Table 1 of Exhibit "D". 7. That the late comer fees shall be collected by the City from all users subsequently connecting to the water line shown in Exhibit "A" for the land also shown in Exhibit "A", except the land in the Lochsa Properties. 8. That the City shall charge the TEN MILE WATER LINE EXTENSION PROJECT REIMBURSEMENT ACCOUNT the 10% fee authorized by 9-1-13. TEN MILE WATER LINE LATE COMERS AGREEMENT Page 3 9. That the City shall have prepared on an annual basis an audit of all funds collected pursuant to this Agreement, which audit shall coincide with the general audit of the City; that the cost of this audit shall be paid by the City as part of its administrative costs. 10. That the water line(s) referenced in Exhibit "A" is the property of the City and shall henceforth be maintained by the City at its sole cost and expense. 11. The term of this Agreement shall be until Lochsa has been reimbursed the principal sum of $84,636.05, plus interest, as determined in Paragraph 6 or, if this is not achieved, for a period of ten (10) years or, until such time the water line described herein is abandoned. If Lochs a has not been reimbursed the principal sum plus interest less administrative fees after ten (10) years from the date of this Agreement, the Agreement may be renewed by mutual Agreement of the City and Lochsa, at such time as the City ordinance allows for extension of a ten year time frame. If the City does not amend this ordinance, then this agreement shall have a ten year life span. 12. This Agreement shall be binding on the assigns and successors of the parties hereto. DATED this day of , 2004. BY: CITY OF MERIDIAN TAMMY DE WEERD, MAYOR ATTEST: WILLIM1 G. BERG, JR.; CITY CLERK Approved By City COlUlcil the day of ,2004. (corporate seal) TEN MILE WATER LINE LATE COMERS AGREEMENT Page 4 Lochsa Falls, LLC. By -M ~ 4J,J~Zt Marty oldsmith, Member TEN MILE WATER LINE LATE COMERS AGREEMENT Page 5 STATEOFIDAHO ) }ss. County of Ada, ) On this _ day of , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the CITY OF MERIDIAN executed the same. IN WITNESS 'WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: STATE OF IDAHO ) }ss. County of Ada ) On this l (,tb. day of Se,P+{"M~e..r- , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared MARTY GOLDSMITH, known and identified to me to be the member of LOCHSA FALLS L.L.C. that executed the instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. (SEAL) IN WITNESS 'WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this ce,UUif.ate first above written. . !I"" "'" ~""""t--C\ B. lit v~'''' .,..~~ ........... 4:f'", I .'" \ I {~OT~,.. i E * --- * : . . \ \. JlUB\..\C I \ dI,;-. -.. AO , ~~ "'1 i..... to-V ~.... ..,~ 11 0 F \" !I....<1> .........u.......' . c iAi1lk.: f ~ NOTARY PUBLIC FOR IDAHO Residing at: ~ I ~ Commission expIres: s- f I ":t / 0(, TEN MILE WATER LINE LATE COMERS AGREEMENT Page 6 ~ t3 i--C ~ r:Ll r.n. ~ o f-1 ~ ~~ ~~ r:Ll<e: ~ ~ ~ ffi f-1 ~ o Z 9 b <e: U o ....4 fI1'"J'r: L ~ .; ~ ,/ ~< ~~ ;~ ~ffi z } I j I .f? .r. ./ I I - , . ~ . . ,. ~~ r ~ I r l LATECOMER'S AREA 10 PARCEL OWNER 1511180427141800 * JANICEK PROPERTIES LLC 15112 S0427142323 JOHNSON MICHAEL L & 15146 S0426233615 GOLDSMITH MARTY 15114 S0427410000 . SEWS E L 15124 80427430000 . SEWS E L EXHIBIT B * Denotes portion of parcel within latecomer's area Note: Any parcel less than 1.0 acre not considered for redevelopment and assigned 1 ERU ACREAGE ZONECODE 27.740 RUT 2.265 RUT 25.42 RUT 40.000 RUT 40.000 RUT 135.43 ERU's per acre 2.80 2.80 NA 2.80 2.80 Projected ERU's 78 6 71 112 112 379 ID 15151 EXHIBIT B . CONT. DEVELOPER'S AREA PARCEL 80427430000 SEWS E L OWNER Projected ERU's 8a · Denotes portion of parcel within developer's area ERU's ACREAGE ZONECODE per acre 76.940 1.14 EXHIBIT B ~ CQNT. SUMMARY: Developer's Area Only: Latecomer's Area Only: Total Net Benefit Are (incl. Developer's area) Percentage Developer's: Percentage Latecomer's: Acreage 76.94 135.43 212.37 Area Basis 36.23% 63.77% ERU's 88 379 467 ERU Basis 18.84% 81.16% EXHIBIT C ERU DETERMINATION: Total Service Area = 212.37 Gross Acres Latecomer's Service Area = 135.43 Gross Acres TOTAL SERVICE AREA: DEVELOPERS AREA: LATECOMER'S AREA: FEE COMPUTATION: DEVELOPER'S CONTRIBUTION (verified from billings): PORTION ATTRIBUTABLE TO DEVELOPER'S SUBDIVISION: (Developer's % of projected total ERU's) X (Developer's Contribution) 18.84% X $104,286.97 PORTION OF DEVELOPER'S CONTRIBUTION ELIGIBLE FOR REIMBURSEMENT: (Latecomer's % of projected total ERU's) X (Developer's Contribution) 81.16% X $104,286.97 = LATECOMER FEE PER ERU: (Eligible Reimbursement) $84,636.05 I I (Latecomer's ERU's) 379.01 REIMBURSEMENT BASIS: (Latecomer fee per ERU) (% Developed Durring Payback Period) Payback Period (years) Development Percentage 78% $223.31 I ADMINISTRATIVE FEE: (Reimbursement Basis) $286.90 X X {11 0% - (10% Administrative Fee)) 110% Projected ERU's 467 88 379 = = = = = = Percent of Total ERU's 100.00% 18.84% 81 .16% $104,286.97 $19,650.92 $84,636.05 $223.31 10 78% $286.90 $315.59 EXHIBIT D REIMBURSEMENT SCHEDULE: The developer paid the costs of instaling the sewer line. The Latecomer fee paid by each parcel, or portion thereof, who connects to the subject sewer line will be paid per the above agreement. The fees assessed to each latecomer shall be adjusted annually on October 1 st, at an annual percentage rate of 6%. The latecomer fees shall be: Effective Date October 1, 2003 October 1, 2004 October 1, 2005 October 1, 2006 October 1,2007 October 1, 2008 October 1, 2009 October 1, 2010 October 1, 2011 October 1, 2012 October 2, 2013 Latecomer Fee per ERU $315.59 $334.53 $347.91 $361.83 $376.30 $391.35 $407" 00 $423.28 $440.22 $457.82 $476.14 Parcels Expected to Develop Within 10 Years ERU's Projected 10 PARCEL OWNER ACREAGE ZONECODE per acre ERU's 15148 S0426233815 GOLDSMITH MARTY 25.42 RUT NA 71 15114 S042741 0000 ., SEWS E L 40.000 RUT 2.80 112 15124 50427430000 * SEWS E L 40.000 RUT 2.80 112 Totals of parcels expected to develop within the next 10 years: 105.42 295 % of parcels to develop within the Total Service Area within the next 10 years: (excluding the Developer's Area) ., Denotes only part of parcel is included. Area Basis ERU Basis 77.84% . 77.83% September 24, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT Larkspur, LLC RZ 04-009 September 28, 2004 ITEM NO. 5-E REQUEST Findings - Request for a Rezone of 16.49 acres from R-4 to R-4, R-8 and L-O zones for Larkspur Subdivision - 2090, 2190 and 2240 South Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS; MERIDIAN POST OFFICE: See attached Findings t11rro~ BEFORE THE MERIDIAN CITY COUNCIL CC 9/7/04 IN THE MATTER OF THE ) REQUEST FOR REZONE OF 16.49 ) ACRES FROM R-4 TO R-4, R-8 AND ) L-O ZONES FOR A PLANNED ) DEVELOPMENT FOR LARKSPUR ) SUBDIVISION ) ) Case No. RZ-04-009 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REZONING APPLICATION Larkspur, LLC, Applicant The above entitled rezoning application having come on for public hearing on September 7, 2004, at the hour of7:00 p.m., and Anna Calming, Ron Sargent, Doug Clegg and Doug Olson, 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 ~S 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 ofthe City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REZONING APPLICATION LARKSPUR SUBDIVISION - Case No. RZ-04-009 Page 1 of9 3. The property is 16.49 acres in size and is located at 2090,2190 and 2240 S. Meridian Road, approximately 1/3 mile south of the southeast intersection ofN. Meridian Road and E. Overland Road, Meridian. The property is designated on the Comprehensive Plan as Medium Density Residential. 4. The owners of record of the subject property are Calderwood Community, LLC, Jack and Carolyn Siemsen, and Donald Minegar. 5. Applicant is Larkspur, LLC. 6. The subject property is currently zoned R-4 and consists of existing single family residences. 7. The Applicant requests the property be zoned R-4, R-8 and L-O. 8. The subject property is bordered to the north by Calderwood Drive and property that is zoned RUT (Ada County). Southern Springs Subdivision is proposed for the property to the north of this RUT property. The property to the south is single-family residential, zoned RUT. The property is bordered on the east by Meridian Greens Subdivision, zoned R-4. The property to the west is bordered by S. Meridian Road and Elk Run Subdivision, zoned R-8. 9. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 10. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 11. The Applicant proposes to develop the subject property in the following manner: as single-family residential, light office, and assisted living. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REZONING APPLICATION LARKSPUR SUBDIVISION - Case No. RZ-04-009 Page 2 of9 12. The applicant requests zoning ofthe subject real property as R-4, R-8, and L-O, which is consistent with the Meridian Comprehensive Plan Future Land Use Map which designates the subject property as Medium Density ResidentiaL 13. There are no significant or scenic features of major importance that affect the consideration of this application. The City Council of the City of Meridian hereby approves the requested rezoning as requested by the applicant for the property described in the application, subject to the following: A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows: SITE SPECIFIC COMMENTS (Rezone) 1. The legal description submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. 2. The subject property is within the Urban Services Planning Area. 3. A Development Agreement will not be necessary with this rezone. All conditions of approval will be made as part of the plat and conditional use permit. B. The Applicant shall also comply with the conditions and requirements ofthe corresponding orders for applications for this project, which are Preliminary Plat - PP-04-023 and Conditional Use Permit - CUP-04-025 CONCLUSIONS OF LAW 1. The City of Meridian has authority to rezone real property upon written request for rezoning 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 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REZONING APPLICATION LARKSPUR SUBDIVISION - Case No. RZ-04-009 Page 3 of9 Section 50-222. The Meridian City Code ~ 11-16 provides the City may rezone 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 PlalUling 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 project follows the pertinent provisions of the City of Meridian Comprehensive Plan that are applicable to this Application. 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, public schools, and public and private parks shall be permitted and no conditional uses shall be permitted except for planned developments. 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 of Meridian. 6. The zoning of (R-8) Medium Density Residential is defined in the Zoning Ordinance at ~ 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose of the 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 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REZONING APPLICATION LARKSPUR SUBDIVISION - Case No. RZ-04-009 Page 4 of9 where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in wen-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 7. The zoning of (L-O) Limited Office is defined in the Zoning Ordinance in the Zoning Ordinance at S 11-7-2 G as follows: L-O Limited Office District: The purpose of the L-O district is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O district is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the municipal water and sewer system of the city is a requirement in this district. 8. Since the rezoning of land is a legislative function, the City has authority to place conditions upon the rezoning ofland. See Burt vs. The City of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983). 9. The development of the rezoned land, if rezoned, 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 Subdivision and Development Ordinance of the City of Meridian. 10. 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. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REZONING APPLICATION LARKSPUR SUBDIVISION - Case No. RZ-04-009 Page 5 of9 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 rezoning of approximately 16.49 acres from R- 4 to R-4 (Low Density Residential), R-8 (Medium Density Residential) and L-O (Limited Office) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for rezoning of 16.49 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, 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 Recommendations of the Meridian Planning & Zoning Department as follows: SITE SPECIFIC COMMENTS (Rezone) 1. The legal description submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. 2. The subject property is within the Urban Services Planning Area. 3. A Development Agreement will not be necessary with this rezone. All FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REZONING APPLICATION LARKSPUR SUBDIVISION - Case No. RZ-04-009 Page 6 of9 conditions of approval will be made as part ofthe plat and conditional use permit. B. The Applicant shall also comply with the conditions and requirements of the corresponding orders for applications for this project, which are Preliminary Plat - PP~04-023 and Conditional Use Permit - CUP-04-025 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) (Medium Density Residential), and Meridian City Code ~ 11-7-2. 5. Subsequent to the passage of the Ordinance provided for in section 5 of this 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 ~ 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION AND RIGHT TO REGULA TORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REZONING APPLICATION LARKSPUR SUBDIVISION - Case No. RZ-04-009 Page 7 of9 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 2 &-16- day of J:ep~~ , 2004. ROLL CALL COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED t;te<<- VOTED ~ VOTED fj-CA-- COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) DATED: 9-z-e-~4- VOTED --- MOTION: APPROVED:--A- DISAPPROVED: FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REZONING APPLICATION LARKSPUR SUBDIVISION - Case No. RZ-04-009 Page 8 of9 Attest: \ \ It \ 11" lIlIl II \' III \\\\\~ of MEF?I(;,/II;'.I/ " ~"\ ,...., // ~ c} ...O{)j;).. ~11-- "... ! 'jP'" ~. ""i r(:; ~ ::: ~ 0 S - ~ ~?; SEAL "?~ &- -:.-0. ....qj $) 2' ~"16 u.s/1S'\' -<' 2 Planning ~/~~T ~~'bnt, 11I1 VUl'!, ,,\\\ nlri'~n I'~~\\\'" Copy served upon Applicant, the Department and the City Attorney. By: jOt XO AM v-J City Clerk's Office Dated: lO- 4--04 Public Works Z:\ Work\M\Meridian\Meridian I 5360M\Larkspur II RZ 04 009 PP04-023 CUP 04-02S\Larkspur RZ-04-009 findings 09 2004.doC FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING REZONING APPLICATION LARKSPUR SUBDIVISION - Case No. RZ-04-009 Page 9 of9 September 24, 2004 MERIDIAN CITY COUNCIL MEETING CU P 04-025 September 28, 2004 APPLICANT Larkspur, LLC ITEM NO. 5-G REQUEST Findings - Request for a CUP for a mixed use PD consisting of single family residential. assisted living and office uses with reductions to the minimum requirements for lot size and street frontage for Larkspur Subdivision - 2090, 2091, and 2240 South Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See attached Findings ~~ Date: ~ Phone: , Staff Initials: Lk- '"l<, (5 . ("0 M ecome property 'of the City of Meridian. BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09/7/04 IN THE MATTER OF THE REQUEST ) FOR CONDITIONAL USE PERMIT ) FOR A PLANNED DEVELOPMENT ) IN L-O, R-4 AND R-8 ZONE FOR ) LARKSPUR SUBDIVISION ) ) ) ) Case No. CUP-04-025 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR, LLC, Applicant The above entitled conditional use permit application having come before the City Council on September 7,2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Canning, Ron Sargent, Doug Clegg and Doug Olson, 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. The property is located at 2090, 2190 and 2240 S. Meridian Road, approximately 1/3 mile south of the southeast intersection ofN. Meridian Road and E. Overland Road, Meridian. 2. The owners of record of the subject property are Calderwood Community, LLC, Jack and Carolyn Siemsen, and Donald Minegar. 3. Applicant is Larkspur, LLC. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-04-025 PAGE 1 OF 21 4. The subject property is currently zoned R-4. The zoning districts ofR-4, R-8 and L-O are defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 5. The Applicant requests the Conditional Use Permit for a Planned Development in R-8 and L-O zones. The R-8 and L-O zoning designations within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed which is the subject of this will, in fact, constitute a conditional use as determined by City policy. The City Council of the City of Meridian hereby approves the requested Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL 1. The building and site improvements shall be constructed per the approved plans with all modifications required by these findings. 2. All conditions of the accompany Preliminary Plat application shall also be considered conditions of the CUP. 3. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-7-4.B. 4. All parking stalls shall meet the requirements of Ordinance 11-13. All drive aisles adjacent to parking shall be at least 25 feet wide. 5. Prior to submittal ofthe Certificate of Zoning Compliance application for the Alzheimer's center, the applicant must receive written approval from Meridian's Police Chief on the site plan. The plan will include fencing for the Alzheimer's center per recommendation of the Police Chief. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-04-025 PAGE 2 OF 21 6. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 7. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance II-13-4C. 8. All signage shall be in accordance with the standards set forth in this report and Section 11-14 of the City Zoning and Development Ordinance. All signage shall require separate sign permit(s). 9. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 10. A drainage plan designed by a State ofldaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approvaL The applicant is responsible for filing all necessary applications with the Idaho Department of Water Recourses regarding Shallow Injection Wells. 11. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 12. Revised Plans: Staff recommends that the plans be modified in compliance with this report and any additional conditions from the Commission and that the applicant submit 10 copies of all revised plans at least 10 days prior to the next hearing on this application. 13. The following reductions to dimensional standards have been requested for the R-8 and L-O zones: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-04-025 PAGE 3 OF 21 City Requirements Proposed Min. Lot Size (R-8) 6,500 s.f. (detached) 4,Gll s.f. (detached) Min. Lot Frontage (R-8) 65' (detached) 22.18' (detached) Min. Lot Size (L-O _ 7,000 s.f. 5,453 B. Adopt the Recommendations ofthe Meridian Fire Department as follows: The following will be requirements and/or concerns to provide minimum levels of fire protection for the proposed project. 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D. 2. Final approval of tbe fire hydrant locations shall be by the Meridian Fire Department. a. Fire hydrants shall have the 4 )6" outlet face the main street or parking lot aisle. b. The fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The applicant shall provide a stub street to the property to the (south). The two entrances shall be separated by no less than 1;2 the diagonal measurement of the project. FINDJNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDJTlONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-04-02S PAGE 4 OF 21 6. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. 7. The proposed multi-family lot has an estimated 98 units with a total estimated population of 284 residents at build out The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 8. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 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 ofthis installation is to be borne by the developer. 10. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 11. Fire sprinklers will be required for all buildings associated with this project (not applicable to patio homes and existing residential lots). 12. Provide exterior egress lighting as required by the International Building & Fire Codes (not applicable to patio homes and existing residential lots). C. Adopt the Recommendations of 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 Envirorunental Quality. 3. Run-offis not to create a mosquito breeding problem. .FINDlNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDlVISIONj CASE NO. CUP-04-025 PAGE 5 OF 21 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. D. Adopt the Recommendations of the Nampa Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. The District's Purdam Drain and Kennedy Lateral courses through this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 5. The Developer must comply with Idaho Code 31-3805. 6. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District E. Adopt the recommendations ofthe Ada County Highway District as follows: Site Specific Conditions of Approval 1. Construct a local commercial roadway (Blackspur Way) that intersects Calderwood Drive approximately 340-feet east of State Highway 69, as proposed. 2. Construct a stub street at the south property line approximately 1 03-feet west of the east property line, as proposed. Construct a temporary turnaround at the terminus of the roadway and install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". FINDrNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-04-025 PAGE 6 OF 21 3. Construct Calderwood Drive as one-half of a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalks within 50-feet of right-of-way. 4. Construct Blackspur Way (from Calderwood Drive to the island that is proposed within Blackspur Way) as a 40-foot street section with vertical curb, gutter and 5- foot attached concrete sidewalk within 54-feet of right-of-way, as proposed. 5. Construct Blackspur Way (from the proposed island within Blackspur Way to the south property line) as a 34-foot street section with rolled curb, gutter and 5-foot attached concrete sidewalks within 42-feet ofright-of-way, as proposed. Provide the District with an easement for the sidewalk that extends outside of the right-of- way. Submit a letter from the appropriate fire disttict allowing parking to remain on both sides of the roadway. 6. Construct an island within Blackspur Way, as proposed. Maintain a minimum of a 21-foot street section on either side of the island. The island shall be reviewed and approved by ACHD's Development staff and owned and maintained by a homeowners association. Notes ofthis shall be required on the final plat. 7. Construct a 20 to 30-foot wide curb return type driveway that intersects Calderwood Drive approximately 21G-feet east of State Highway 69 and IDS-feet west of the proposed commercial street, as proposed. Construct a driveway with a IS-foot curb radius (minimum). 8. Construct a 30-foot wide curb return type driveway that intersects Calderwood Drive approximately 235-feet east of the proposed commercial street, as proposed. Construct the driveway with a 15-foot curb radius (minimum). 9. Construct a 25-foot wide curb return type driveway that intersects the proposed commercial street approximately 250-feet south of Calderwood Drive, as proposed. Construct the driveway with a 15-foot curb radius (minimum). 10. Comply with requirements oflTD for Meridian Road (SH 69) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334-8340. 11. Other than the access points that have specifically been approved with this application, direct lot access to Calderwood Drive is prohibited. Notes of the access restrictions shall be noted on the final plat. 12. Comply with all Standard Conditions of ApprovaL FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDlV1SION; CASE NO. CUP.04-025 PAGE 7 OF 21 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 shan 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 of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDlVJSJON; CASE NO. CUP-04-025 PAGE 8 OF 21 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 ofthis application~ shall require the applicant to comply with al1lUles~ 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. F. Adopt the action of the City Council taken at their September 7,2004 meeting as follows: For clarification: 1. Applicant shall refrain from building on the lot through which the temporary secondary access lUns until the lots to the west are developed further whether as residential which would require a stub street or as commercial in which case access would be through the adjoining commercial property. 2. It is anticipated that Lots 1 and 2~ Block 1 of Larkspur Subdivision will someday change from their single family home uses. This change may be for either commercial or residential use. When this occurs~ Idaho Transportation Department will eliminate their access to Meridian Road. Access needs to be provided to these lots depending on the future use. If they were to develop as commercial use~ access will be provided from the commercial development on the North and/or access from future commercial development from the south. If the future development is residential then access would be allowed across Lot 20, Block 1. In both cases there will be cross access easements across Lots 1 and 2, Block 1. Once the use has been determined for both Lots 1 and 2, Block 1, the developer may then utilize the unused access for development. For example if the use of Lots 1 and 2 were to become commercial and access to these lots were to come from the north on Lot 5~ Block 1~ or some access from the south~ then Lot 20~ Block 1 would become a buildable lot. Likewise if the use of Lot 1 and 2 became residential use then access would come from the residential street~ Blackspur Way~ across Lot 20~ Block 1. At that time the access from Lot 5~ Block 1 would not be needed and it could become part of a buildable lot in the commercial development on the north. Access approval to Lots 1 and 2, Block 1 is required before Lot 5 or Lot 20, Block 1 could become a buildable lot. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-04-025 PAGE 9 OF 21 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: That the above named applicant is granted a conditional use permit for a Planned Development in L-O, R-4 and R-8 zones, for Larkspur Subdivision located at 2090,2190 and 2240 S. Meridian Road, approximately 1/3 mile south of the southeast intersection ofN. Meridian Road and E. Overland Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL 1. The building and site improvements shall be constructed per the approved plans with all modifications required by these findings. 2. All conditions of the accompany Preliminary Plat application shall also be considered conditions of the CUP. 3. This conditional use permit shall be subject to the expiration provisions set forth in MCC lI-7-4.B. 4. All parking stalls shall meet the requirements of Ordinance 11-13. All drive aisles adjacent to parking shall be at least 25 feet wide. 5. Prior to submittal of the Certificate of Zoning Compliance application for the Alzheimer's center, the applicant must receive written approval from Meridian's Police Chief on the site plan. The plan will include fencing for the Alzheimer's center per recommendation of the Police Chief. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-04-025 PAGE 10 OF 21 ( 6. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 7. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 8. All signage shall be in accordance with the standards set forth in this report and Section 11-14 of the City Zoning and Development Ordinance. All signage shall require separate sign permit(s). 9. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 10. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Recourses regarding Shallow Injection Wells. 11. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 12. Revised Plans: Staff recommends that the plans be modified in compliance with this report and any additional conditions from the Commission and that the applicant submit 10 copies of all revised plans at least 10 days prior to the next hearing on this application. 13. The following reductions to dimensional standards have been requested for the R-8 and L-O zones: City Requirements Proposed Min. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-04-0Z5 PAGE 11 OF 21 c Lot Size (R-8) 6,500 s.f. (detached) 4,011 s.f. (detached) Min. Lot Frontage (R-8) 65' (detached) 22.18 ' (detached) Min. Lot Size (L-O _ 7,000 s.f. 5,453 B. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be requirements and/or concerns to provide minimum levels of fire protection for the proposed project. 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The applicant shall provide a stub street to the property to the (south). The two entrances shall be separated by no less than !t2 the diagonal measurement of the project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-04-025 PAGE 12 OF 21 6. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. 7. The proposed multi-family lot has an estimated 98 units with a total estimated population of 284 residents at build out The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 8. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 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. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 11. Fire sprinklers will be required for all buildings associated with this project (not applicable to patio homes and existing residential lots). 12. Provide exterior egress lighting as required by the International Building & Fire Codes (not applicable to patio homes and existing residential lots). C. Adopt the Recommendations of 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 HeaIth & 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 LARKSPUR SUBDIVISION; CASE NO. CUP.04-025 PAGE 13 OF 21 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. D. Adopt the Recommendations of the Nampa Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. 3. The District's Purdam Drain and Kennedy Lateral courses through this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 5. The Developer must comply with Idaho Code 31-3805. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-04-025 PAGE 14 OF 21 6. NMID recommends that irrigation water be made available to all developments within the Nampa and Meridian Irrigation District. E. Adopt the recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. Construct a local commercial roadway (Blackspur Way) that intersects Calderwood Drive approximately 340-feet east of State Highway 69, as proposed. 2. Construct a stub street at the south property line approximately 1 03-feet west of the east property line, as proposed. Construct a temporary turnaround at the terminus of the roadway and install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 3. Construct Calderwood Drive as one-half of a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalks within 50-feet of right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-04-025 PAGE 15 OF 21 4. Construct BIackspur Way (from Calderwood Drive to the island that is proposed within Blackspur Way) as a 40-foot street section with vertical curb, gutter and 5- foot attached concrete sidewalk within 54-feet of right-of-way, as proposed. 5. Construct BIackspur Way (from the proposed island within BIackspur Way to the south property line) as a 34-foot street section with rolled curb, gutter and 5-foot attached concrete sidewalks within 42-feet of right-of-way, as proposed. Provide the District with an easement for the sidewalk that extends outside of the right-of- way. Submit a letter from the appropriate fire district allowing parking to remain on both sides of the roadway. 6. Construct an island within Blackspur Way, as proposed. Maintain a minimum of a 21-foot street section on either side of the island. The island shall be reviewed and approved by ACHD's Development staff and owned and maintained by a homeowners association. Notes ofthis shall be required on the final plat. 7. Construct a 20 to 3D-foot wide curb return type driveway that intersects Calderwood Drive approximately 2ID-feet east of State Highway 69 and IDS-feet west of the proposed commercial street, as proposed. Construct a driveway with a IS-foot curb radius (minimum). 8. Construct a 3D-foot wide curb return type driveway that intersects Calderwood Drive approximately 235-feet east of the proposed commercial street, as proposed. Construct the driveway with a IS-foot curb radius (minimum). 9. Construct a 25- foot wide curb return type driveway that intersects the proposed commercial street approximately 250-feet south of Calderwood Drive, as proposed. Construct the driveway with a IS-foot curb radius (minimum). 10. Comply with requirements of ITD for Meridian Road (SH 69) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334-8340. 11. Other than the access points that have specifically been approved with this application, direct lot access to Calderwood Drive is prohibited. Notes of the access restrictions shall be noted on the final plat. 12. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-04-025 PAGE 16 OF 21 ( Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 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 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 FINDINGS OF FACT AND CONCLUSJONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDlVISION; CASE NO. CUP-04-025 PAGE 17 OF 21 ( 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. F. Adopt the action of the City Council taken at their September 7,2004 meeting as follows: For clarification: 1. Applicant shall refrain from building on the lot through which the temporary secondary access runs until the lots to the west are developed further whether as residential which would require a stub street or as commercial in which case access would be through the adjoining commercial property. 2. It is anticipated that Lots 1 and 2, Block 1 of Larkspur Subdivision will someday change from their single family home uses. This change may be for either commercial or residential use. When this occurs, Idaho Transportation Department will eliminate their access to Meridian Road. Access needs to be provided to these lots depending on the future use. If they were to develop as commercial use, access will be provided from the commercial development on the North and/or access from future commercial development from the south. Ifthe future development is residential then access would be allowed across Lot 20, Block 1. In both cases there will be cross access easements across Lots 1 and 2, Block 1. Once the use has been determined for both Lots 1 and 2, Block 1, the developer may then utilize the unused access for development. For example if the use of Lots 1 and 2 were to become commercial and access to these lots were to come from the north on Lot 5, Block 1, or some access from the south, then Lot 20, Block I would become a buildable lot. Likewise if the use of Lot 1 and 2 became residential use then access would come from the residential street, Blackspur Way, across Lot 20, Block L At that time the access from Lot 5, Block 1 would not be needed and it could become part of a buildable lot in the commercial development on the north. Access approval to Lots 1 and 2, Block 1 is required before Lot 5 or Lot 20, Block 1 could become a buildable lot. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECIsrON AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVlSIONj CASE NO. CUP-04-025 PAGE 18 OF 21 NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the counciL During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an 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 ofthe 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.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-04-025 PAGE 19 OF21 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant 1S 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 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 Zt3 -1"'1:- day of c:f2pfe-hv~ ,2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ VOTED ~ COUNCILMAN BILL NARY COUNCILMAN CHARLIE ROUNTREE VOTED~ COUNCILMAN KEITH BIRD VOTED ~ MA YOR TAMMY de WEERD (TIE BREAKER) DATED: '1--2~i3-ft.71- VOTED --- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR sUBDIvrsION; CASE NO. CUP-04-025 PAGE 20 OF 21 MOTION: APPROVED: x DISAPPROVED: Attest: \\\I"tlll/1I111 Mayor Ta \\11 f A.,lIi:' 1111 ",\ ~I 0 'fWt.::.!f/1'> 111/ " :'\ '\ V&r /,. .:::;." c} f',POt1 A . 11,; ~... 2' (,0 ''''I~ ~ :::: ~ () ~ ~ - ~ ~ - - - - William G. Berg, Jr., City lerk %. ~ ....OJ~ 0 j -:;. 1"0 v.s, 1$"\ . ~ ~ Copy served upon Ap~licant, Planning ;ff4~~p~~~:e1t, Public Works Department and the CIty Attorney. fll:n,;; "WI', By: \ j 0Ul0l J1fLU..^'--> City Clerk's Office Dated: JO-4-04 Z:\ Work\M\Meridian\Meridian [5360MlLarkspur II RZ 04 009 PP04-023 CUP 04-025\Larkspur CUP-04-025 Findings.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LARKSPUR SUBDIVISION; CASE NO. CUP-04-025 PAGE 21 OF 21 September 24, 2004 MERIDIAN CITY COUNCIL MEETING PP 04-023 September 28, 2004 APPLICANT Larkspur, LLC ITEM NO. 5-f REQUEST Findings - Request for Preliminary Plat approval of 56 building lots and 6 common lots on 18.94 acres in a proposed R-8 zone for Larkspur Subdivision - 2090,2190, and 2240 South Meridian Road 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 DE?T: 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: COn!aCled;! 0;:;: ~ ' ! Q~J,L . Dale: ~ Phone: Emalled: ~~o...r C\tc.-K. &-<: o...'SlJ~" UaJkt.h Staff Initials: Lie Materials presented at publiC m~ihhQf,~rtbec~.n.roperty of the Cify of Meridian. See attached Findings ~~ BEFORE THE CITY COUNCIL 0 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT APPROVAL OF 56 BUILDING ) LOTS AND 6 COMMON LOTS ON ) 18.94 ACRES FOR LARKSPUR ) SUBDIVISION ) ) Larkspur, LLC, Applicant The above entitled matter coming on regularly for public hearing before the City Council on September 7,2004, and Anna Canning, Ron Sargent, Doug Clegg and Doug Olson, appeared and testified, 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 of Larkspur Subdivision 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. The property is Located at 2090, 2190, and 2240 S. Meridian Road, approximately 1/3 mile south ofthe southeast intersection ofN. Meridian Road and E. Overland Road, Meridian. 2. The owners of record of the subject property are Calderwood Community, LLC, Jack and Carolyn Siemsen and Donald Minegar. 3. Applicant is Larkspur, LLC. 4. The subject property is currently zoned R-4; however, there is a request for rezone to R-4, R-8 and L-O zones before the City Council. These zoning districts are defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Pagelof21 5. The subject property is within the city limits ofthe City of Meridian. 6. The entire parcel is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 7. The Applicant proposes to develop the subject property in the following manner: as single family residential, light office, and assisted living. 8. There are no significant or scenic features of major importance that affect the consideration ofthis application. 9. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. The City Council of the City of Meridian hereby approves the preliminary plat as requested by the applicant for the property described in the application, subject to the following: A Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS - PRELIMINARY PLAT 1. All landscaping will be required per the landscape plans submitted with the application. 2. All conditions of the accompanying Conditional Use Permit application shall also be considered conditions ofthe Preliminary Plat. 3. Sanitary sewer and water service to this site shall be via main line extensions from existing mains installed adjacent to the property. The applicant shall be required to extend sewer and water mains to and through the proposed development, thereby making them available to the adjacent properties. The Applicant shall coordinate main sizing and routing with the Public Works Department. An additional water main tie-in to the existing main in S. Meridian Road will be necessary to provide fire flows. Cover over the sanitary sewer shall be no less than three-feet from finish grade to the top of pipe. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 4. The preliminary plat shows two sanitary sewer services being extended to the existing residential homes on lots (Lots 1 and 2, Block 1), however no FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivi.sion PP-04-023 Page 2 of21 service is shown to the existing mobile home behind the house on Lot 2, Block 1. Please revise the preliminary plat to show how service is to be provided to the mobile home. GENERAL COMMENTS - PRELIMINARY PLAT 1. Please submit a copy of the Ada County Street Name Committee's approval letter for the subdivision name. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. 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. 4. Sidewalks within the proposed subdivision shall be built in accordance with MCCI2-13-1O-8. 5. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the pedestrian pathway prior to the final plat being recorded. The instrument number for the easement shall be referenced on the final plat. The easement shall be sufficient width to cover the 20-foot wide pathway shown. 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 subdivision. Additionally, a note shall be added to the face ofthe final plat indicating the City of Meridian is responsible for the maintenance ofthe regional pathway surface located within the easement. 6. Two-Hundred-Fiftyand 100-wat, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. Any streetlights shall be installed at subdivider's expense. Typicallocations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 7. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Page 3 of21 approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 8. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all new off-street parking areas. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approvaL The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. Please submit all updated groundwater/soils reports to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 1 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 equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. 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 B. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be requirements and/or concerns to provide minimum levels of fire protection for the proposed project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Page 4 of21 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red IO} to each side of the hydrant location. e. Fire hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 1O}. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48} outside radius. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The applicant shall provide a stub street to the property to the (westleast/north/south). The two entrances shall be separated by no less than Y2 the diagonal measurement of the project. 6. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. 7. The proposed multi-family lot has an estimated 98 units with a total estimated population of 284 residents at build out The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 8. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Page 5 of21 capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 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. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter ofthe building. 11. Fire sprinklers will be required for all buildings associated with this project (not applicable to patio homes and existing residential lots). 12. Provide exterior egress lighting as required by the International Building & Fire Codes (not applicable to patio homes and existing residential lots). c. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage and 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 stormwater disposal and design a storm water management system that prevents groundwater and surface water degradation. D. Adopt the Recommendations ofthe Nampa Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Page 6 of21 3. The District's Purdam Drain and Kennedy Lateral courses through this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Inigation District must review drainage plans. 5. The Developer must comply with Idaho Code 32-3805. 6. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. Adopt the recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. Construct a local commercial roadway (Blackspur Way) that intersects Calderwood Drive approximately 340-feet east of State Highway 69, as proposed. 2. Construct a stub street at the south property line approximately l03-feet west of the east property line, as proposed. Construct a temporary turnaround at the terminus of the roadway and install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 3. Construct Calderwood Drive as one-half of a 36-foot street section with vertical curb, gutter and 5- foot concrete sidewalks wi thin 50-feet of right- of-way. 4. Construct Blackspur Way (from Calderwood Drive to the island that is proposed within Blackspur Way) as a 40-foot street section with vertical curb, gutter and 5-foot attached concrete sidewalk within 54-feet of right- of-way, as proposed. 5. Construct Blackspur Way (from the proposed island within Blackspur Way to the south property line) as a 34-foot street section with rolled curb, gutter and 5-foot attached concrete sidewalks within 42-feet ofright-of- way, as proposed. Provide the District with an easement for the sidewalk that extends outside of the right-of-way. Submit a letter from the appropriate fire district allowing parking to remain on both sides of the roadway. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Page 7 of21 6. Construct an island within Blackspur Way, as proposed. Maintain a minimum of a 21- foot street section on either side of the island. The island shall be reviewed and approved by ACHD's Development staff and owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 7. Construct a 20 to 30-foot wide curb return type driveway that intersects Calderwood Drive approximately 21 O~feet east of State Highway 69 and lOS-feet west of the proposed commercial street, as proposed. Construct a driveway with a IS-foot curb radius (minimum). 8. Construct a 30-foot wide curb return type driveway that intersects Calderwood Drive approximately 235-feet east ofthe proposed commercial street, as proposed. Construct the driveway with a IS-foot curb radius (minimum). 9. Construct a 25-foot wide curb return type driveway that intersects the proposed commercial street approximately 2S0-feet south of Calderwood Drive, as proposed. Construct the driveway with a IS-foot curb radius (minimum). 10. Comply with requirements ofITD for Meridian Road (SH 69) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334-8340. 11. Other than the access points that have specifically been approved with this application, direct lot access to Calderwood Drive is prohibited. Notes of the access restrictions shall be noted on the final plat. 12. Comply with all Standard Conditions of ApprovaL Standard Conditions of Approval 1. Any existing inigation facilities shall be relocated outside ofthe right-of- way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROV AI.. OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Page 8 of21 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 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 DIG LINE (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 oftms 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Page 9 of21 F. Adopt the action of the City Council taken at their September 7, 2004 meeting as follows: For clarification: 1. Applicant shall refrain from building on the lot through which the temporary secondary access runs until the lots to the west are developed further whether as residential which would require a stub street or as commercial in which case access would be through the adjoining commercial property. 2. It is anticipated that Lots 1 and 2, Block 1 of Larkspur Subdivision will someday change from their single family home uses. This change may be for either commercial or residential use. When this occurs, Idaho Transportation Department will eliminate their access to Meridian Road. Access needs to be provided to these lots depending on the future use. If they were to develop as commercial use, access will be provided from the commercial development on the North and/or access from future commercial development from the south. If the future development is residential then access would be allowed across Lot 20, Block I. In both cases there will be cross access easements across Lots 1 and 2, Block 1. Once the use has been determined for both Lots 1 and 2, Block 1, the developer may then utilize the unused access for development. For example if the use of Lots 1 and 2 were to become commercial and access to these lots were to come from the north on Lot 5, Block 1, or some access from the south, then Lot 20, Block 1 would become a buildable lot. Likewise if the use of Lot 1 and 2 became residential use then access would come from the residential street, Blackspur Way, across Lot 20, Block 1. At that time the access from Lot 5, Block 1 would not be needed and it could become part of a buildable lot in the commercial development on the north. Access approval to Lots 1 and 2, Block 1 is required before Lot 5 or Lot 20, Block 1 could become a buildable lot. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Page 10 of21 DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code ~ 12- 3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER L The Preliminary Plat of the applicant as evidenced by having submitted the preliminary plat of LARKSPUR SUBDIVISION, dated June 11, 2004, is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC COMMENTS - PRELIMINARY PLAT 1. All landscaping will be required per the landscape plans submitted with the application. 2. All conditions of the accompanying Conditional Use Permit application shall also be considered conditions of the Preliminary Plat. 3. Sanitary sewer and water service to this site shall be via main line extensions from existing mains installed adjacent to the property. The applicant shall be required to extend sewer and water mains to and through the proposed development, thereby making them available to the adjacent properties. The Applicant shall coordinate main sizing and routing with the Public Works Department. An additional water main tie-in to the existing main in S. Meridian Road will be necessary to provide fire flows. Cover over the sanitary sewer shall be no less than three-feet from finish grade to the top of pipe. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide servIce. 4. The preliminary plat shows two sanitary sewer services being extended to the existing residential homes on lots (Lots I and 2, Block 1), however no service is shown to the existing mobile home behind the house on Lot 2, Block 1. Please revise the preliminary plat to show how service is to be provided to the mobile home. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Page 11 of21 GENERAL COMMENTS - PRELIMINARY PLAT 1. Please submit a copy ofthe Ada County Street Name Committee's approval letter for the subdivision name. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. 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. 4. Sidewalks within the proposed subdivision shall be built in accordance with MCCI2-13-10-8. 5. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the pedestrian pathway prior to the final plat being recorded. The instrument number for the easement shall be referenced on the final plat. The easement shall be sufficient width to cover the 20-foot wide pathway shown. The 10-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 subdivision. Additionally, a note shall be added to the face of the final plat indicating the City of Meridian is responsible for the maintenance of the regional pathway surface located within the easement. 6. Two-Hundred-Fiftyand 100-wat, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. Any streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 7. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITION.A.L APPROV.A.L OF PRELIMINARY PLAT Larkspur Subdivision PP-04~023 Page 12 of21 8. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all new off-street parking areas. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 9. Please submit aU updated groundwater/soils reports to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 1 aO-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 equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. 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. B. Adopt the Recommendations of the Meridian Fire Department as follows: The following will be requirements and/or concerns to provide minimum levels of fire protection for the proposed project. 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Page 13 of21 hydrants shall be placed an average of 400' apart. International Fire Code Appendix D. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire hydrants shall have the 4 12" outlet face the main street or parking lot aisle. b. The fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. To increase emergency access to the site a minimum oftwo points of access will be required for any portion of the project, which serves more than 50 homes. The applicant shall provide a stub street to the property to the (west/east/north/south). The two entrances shall be separated by no less than 12 the diagonal measurement of the project. 6. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 7. The proposed multi-family lot has an estimated 98 units with a total estimated population of284 residents at build out The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 8. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staffthe facilities. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL AFPROV AL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Page 14 of21 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. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 11. Fire sprinklers will be required for all buildings associated with this project (not applicable to patio homes and existing residential lots). 12. Provide exterior egress lighting as required by the International Building & Fire Codes (not applicable to patio homes and existing residential lots). C. Adopt the Recommendations of Central District Health Department as follows: 1. This proposal can be approved for central sewage and 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 HeaIth & 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. D. Adopt the Recommendations ofthe Nampa Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2. All laterals and waste ways must be protected. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Page 15 of21 3. The District's Purdam Drain and KelUledy Lateral courses through this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 4. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 5. The Developer must comply with Idaho Code 32-3805. 6. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. E. Adopt the recommendations of the Ada County Highway District as follows: Site Specific Conditions of Approval 1. Construct a local commercial roadway (Blackspur Way) that intersects Calderwood Drive approximately 340-feet east of State Highway 69, as proposed. 2. Construct a stub street at the south property line approximately 103-feet west of the east property line, as proposed. Construct a temporary turnaround at the terminus of the roadway and install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 3. Construct Calderwood Drive as one-half of a 36-foot street section with vertical curb, gutter and 5-foot concrete sidewalks within 50-feet of right- of-way. 4. Construct Blackspur Way (from Calderwood Drive to the island that is proposed within Blackspur Way) as a 40-foot street section with vertical curb, gutter and 5-foot attached concrete sidewalk within 54-feet of right- of-way, as proposed. 5. Construct Blackspur Way (from the proposed island within Blackspur Way to the south property line) as a 34-foot street section with rolled curb, gutter and 5-foot attached concrete side3walks within 42-feet ofright-of- way, as proposed. Provide the District with an easement for the sidewalk that extends outside of the right-of-way. Submit a letter from the appropriate fire district allowing parking to remain on both sides of the roadway. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Page 16 of21 6. Construct an island within Blackspur Way, as proposed. Maintain a minimum ofa 21-foot street section on either side ofthe island. The island shall be reviewed and approved by ACHD's Development staff and owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 7. Construct a 20 to 3D-foot wide curb return type driveway that intersects Calderwood Drive approximately 21 O-feet east of State Highway 69 and lOS-feet west of the proposed commercial street, as proposed. Construct a driveway with a IS-foot curb radius (minimum). 8. Construct a 3D-foot wide curb return type driveway that intersects Calderwood Drive approximately 235-feet east of the proposed commercial street, as proposed. Construct the driveway with a 15 - foot curb radius (minimum). 9. Construct a 25-foot wide curb return type driveway that intersects the proposed commercial street approximately 250-feet south of Calderwood Drive, as proposed. Construct the driveway with a IS-foot curb radius (minimum). 10. Comply with requirements of ITD for Meridian Road (SH 69) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334-8340. 11. Other than the access points that have specifically been approved with this application, direct lot access to Calderwood Drive is prohibited. Notes of the access restrictions shall be noted on the final plat. 12. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside ofthe right-of- way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Page 17 of21 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 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 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 ofthe 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Page 18 of21 F. Adopt the action ofthe City Council taken at their September 7, 2004 meeting as follows: For clarification: 1. Applicant shall refrain from building on the lot through which the temporary secondary access runs until the lots to the west are developed further whether as residential which would require a stub street or as commercial in which case access would be through the adjoining commercial property. 2. It is anticipated that Lots 1 and 2, Block 1 of Larkspur Subdivision will someday change from their single family home uses. This change may be for either commercial or residential use. When this occurs, Idaho Transportation Department will eliminate their access to Meridian Road. Access needs to be provided to these lots depending on the future use. If they were to develop as commercial use, access will be provided from the commercial development on the North andlor access from future commercial development from the south. If the future development is residential then access would be allowed across Lot 20, Block 1. In both cases there will be cross access easements across Lots 1 and 2, Block 1. Once the use has been determined for both Lots 1 and 2, Block 1, the developer may then utilize the unused access for development. For example if the use aLLots 1 and 2 were to become commercial and access to these lots were to come from the north on Lot 5, Block 1, or some access from the south, then Lot 20, Block 1 would become a buildable lot. Likewise if the use of Lot 1 and 2 became residential use then access would come from the residential street, Blackspur Way, across Lot 20, Block 1. At that time the access from Lot 5, Block 1 would not be needed and it could become part of a buildable lot in the commercial development on the north. Access approval to Lots 1 and 2, Block 1 is required before Lot 5 or Lot 20, Block 1 could become a buildable lot. The preliminary plat of LARKSPUR SUBDIVISION, dated June 11, 2004, and stamped: , and stamped: RECEIVED , CITY OF MERIDIAN CITY CLERK OFFICE, is hereby approved. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Page 19 of21 NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code g 67-6521. An affected person being a person who has an interest in real property which may be adversely 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 2-13 It:- day of ~~~ ,2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED $1\, COUNCILMAN BILL NARY VOTED ~ ~ ~ COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN KEITH BIRD VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED --- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur Subdivision PP-04-023 Page 20 of21 Attest: P.> ;::: " .....0:::: ""?: tho. ,\J .... % (). ~~'t 18"\' ~O f ....... ~ .<\'1{- " ..............; 00Uu-r"'.{ \V \\,.:::. ;1/ t'\l l l' ,....' Copy served upon Applicant, The Plann'[HgjaHa'~B~ing Department, Public Works Department and City Attorney. Be ~()"~f,..9 I ~ City Clerk's Office Dated:~ () - 4 -()1 Z:\Work\M\Mclidian\Meridian 15360M\Larkspur Il RZ 04 009 PP04-023 CUP 04-025\Larkspur PP-04-023 Findings.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Larkspur SubdivisionPP-04-023 Page 21 of21 September 24, 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT September 28, 2004 ITEM NO. 5-0 REQUEST Resolution - Amendment to Solid Waste Collection Rates 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: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Resolution ~,f/ _ (UJ~44'6 Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at pubUc meetings shall become property of the City of Meridian. Tara Green From: William F. Nichols [wfn@WHITEPETERSON.com] Sent: Thursday, September 23, 2004 10:36 AM To: Tara Green; Steve Sedlacek Subject: Correcting Resolution on sse fee increases RECEIVED SEP 2 3 2004 Tara City Of Meridian City Clerk Office Attached is a resolution to correct the omissions in Resolution 04-443. The changes are: adding back the tire charge and the small roll cart Services which did not increase but were not part of 04-443. They were approved earlier in the year. We need to list them so all charges are reflected on one resolution. We somehow did not get the 6, 8 and 10 yard roll off rentals on the resolution even though they were part of the information presented at the hearing. Also, SSC no longer has 4 yd commercial containers. This should take care of the corrections. Thanks for your patience. Bill N. 9/23/2004 RESOLUTION NO. tJ 1- - +1-5'" BY: j&/I-/L /fi"rg(./ A RESOLUTION CORRECTING RESOLUTION 04-443, A RESOLUTION TO PROVIDE FOR THE INCREASE IN RATES AND SET SOLID WASTE COLLECTION RATES WITHIN THE CITY OF MERIDIAN. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: The fees to be charged for solid waste collection are listed below and shall be as follows: Residen tial: Residential Toter Carts Habitual Late ean fee Commercial Cans: I-3eans 4 - 6 cans 7 - 9 cans Commercial Containers: I V2 yd 3 yd 4 yd 6yd 8 yd Commercial Compactors: 2yd 3yd 4yd 5 yd 6yd 8 yd 1/wk $ 58.30 $ 61.11 $ 73 .31 $ 95.33 $113.17 $ 27.65 $ 36.75 $ 45.89 $ 55.00 $ 63.69 $ 86.06 Temporary Container Service: Delivery $ 18.00 Page 1 of3 l/wk $15.98 $31.96 $39.54 2/wk $ 83.14 $ 98.97 $119.79 $154.02 $176.10 $ 10.15 $ 2.55 $ 5.00 2/wk $31.96 $63.93 $79.08 3/wk $ 47.94 $ 95.89 $118.62 3/wk 4/wk 5/wk 6/wk $107.54 $144.26 $180.90 $217.55 $136.90 $180.36 $237.10 $287.22 $166.22 $221.90 $283.53 $312.20 $212.64 $283.53 $354.45 $425.34 $234.74 $303.62 $377.02 $447.14 Daily Rental $ 0.67 Monthly Rental $ 18.00 Dump perm/temp cont (3 yd) $ 19.87 Extra Dump 6 yd $ 30.91 Extra Dump 8yd $ 39.74 Miscellaneous Services: Refrigerator pickup Overflow Cleanup Tires $ 34.76 $ 11.20 for 5 min. $1.13/min thereafter $ 2.19 each. Roll Off Services: $45.00Ihaul + disposal + Franchise Fees (mini-roll otIs) $10LOOlhaul + disposal + Franchise Fee (Weekdays) $ 1 52.001haul + disposal + Franchise Fees (Weekends) Extra services $ 84.46 per hour Roll Off Container Rental: 6 Yd 8 Yd 10 Yd 20Yd 30Yd 40Yd $ 1.38 per day $ 1. 79 per day $ 1.99 per day $ 2.40 per day $ 3.00 per day $ 3.27 per day $ 41.37 per month $ 53.63 per month $ 59.76 per month $ 68.71 per month $ 83.99 per month $ 95.98 per month Landfill Rates (Current): Demo Compact Wood Size SW Dump Dump Dump Waste 20Yd $ 53.00 $116.60 $ 84.80 $ 26.50 30Yd $ 79.50 $174.90 $127.20 $ 39.75 40Yd $106.00 $233.20 $169.60 $ 53.00 Wood Noncompacted/loose Demolition Compacted Tires Refrigeration Units $ 1.33 per yd $ 2.65 per yd $ 5.83 per yd $ 4.24 per yd $ 1.59 each $24.91 each V oluntarv Commercial Cardboard Collection: To encourage participation in the commercial cardboard recycling program the reduction in the commercial cardboard collections rates is proposed. Service is provided once per Page 2 of3 week, on Tuesday. Multiple collection days will be added in the future as the need arises. First Container Second Container $ 38.00 per month $ 30.00 per month The effective date for these solid waste collection rates shall be October 1,2004. -#- PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, THIS 213 -DAY OF d'e;;T-thLr/:;;.e-t.- ,2004. . APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, THIS gg;-I!;... DA Y OF Jer;fem ~ ,2004. ATTEST: Page 3 of3 Revised 9-27-04 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 28, 2004 at 7:00 p.m. City Council Chambers 1. Roll-call Attendance: X Shaun Wardle X Bill Nary -X Charlie Rountree )( Keith Bird X MayorTammydeWeerd . /' 2. Pledge of Allegiance: El/ I /2c r/e t<lr 3. Community Invocation by Pastor Steve Moore, with Cherry Lane Christian Church: ~~rA- 4. Adoption of the Agenda: W'~~ 5. Consent Agenda: A. Approve Minutes of September 7, 2004 Pre-Council Meeting: ~ B. Approve Minutes of September 7, 2004 City Council Regular Meeting: ~v-L- C. Approve Minutes of September 14, 2004 Pre-Council Meeting: ~'f71~ D. Approve Minutes of September 14, 2004 City Council Regular Meeting: ~~ E. Findings of Fact and Conclusions of Law for Approval: RZ 04- 009 Request for a Rezone of 16.49 acres from R-4 to R-4, R-8 and L~O zones for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 and 2240 South Meridian Road: ~ F. Findings of Fact and Conclusions of Law for Approval: PP 04- 023 Request for a Preliminary Plat approval for 56 building lots and 6 common lots on 18.94 acres in a proposed R-8 zone for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 and 2240 South Meridian Road: ~rN/ Meridian City Council Agenda - September 28,2004 Page 1 of5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related to documents and/or hearings please contact the City Clerk's Oft-ice at 888-4433 at least 48 hours prior to the public meeting. Revised 9-27-04 G. Findings of Fact and Conclusions of Law for Approval: CUP 04-025 Request for a Conditional Use Permit for a mixed use Planned Development consisting of single family residential, assisted living and office uses with reductions to the minimum requirements for lot size and street frontage for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 and 2240 South Meridian Road: tv~V""f H. Findings of Fact and Conclusions of La':: for Approval: RZ 04 008 Requost for a Rezone of .23 acre from R 8 to proposed 0 T zone for Larry Knopp by Larry Knopp 713 North Meridian RO::ld: OMIT I. Findings of fact and Conclusions of L~.... for Approval: CUP 04 019 Request for a Conditional Use Permit for a retail and professional office uce in an existing building in the proposed 0 T zone for Larry Knop~ by Larry Knopp 713 North Meridian Road: OMIT J. Findings of Fact and Conclusions of La.....' f-or Appro'..'al: CUP 04 020 Request for 3 Conditional Use Permit for a pharmacy in an L 0 zone tor Medic3P Pharmaov by Larry Knopp oast of North Ton Mile R03d on north side of \fllost Cherry Lane: OMIT K. Findings of Fact and Conclusions of Law for Approyal: 'lAC 04 005 Request for a Vaoation of side ymd utility :J.nd irrigation easement!:: on Lots 13 45, and Lots 88 91 t Block 23, j\d)hf-oFd Greens Subdivision No.2 by Brighton Corpor3tion east of North Black Cat Road and south of \Nost Ustick Ro:J.d: OMIT L. Findings of fact and Conclusions of La'.\' for .'\ppro'.:al: RZ 04 010 Request for a Rezone of .68 ::lore from R 1 to an 0 T zone for Mittleider Rezone by Leon Smith 125 'Nest Cherry Lane aAd 1645 \I'.'est 1st Street: OMIT M. Findings of fact and Conclusions of Law for .-'\.ppro'Jal: MI04 007 Miscelkmeous request f.or an administrative lot split of unpl:J.tted ground for Ronald 'Jan Auker by Ronald V:J.n Auker northe3st corner of Fr::lnklin Road and Gaudians Avenue: OMIT N. Findings of Fnct and Conclusions of Law for Approval: CPA 04 002 Request f{)r Text l\mendment to 311m"l ::Ipplic3nts to request ::In L 0 zoning in areas dcsign::lted as residential 'Nhich 3re located along arterial streets and section line roads 3nd 31so aI1O\", 3pplic:..mts to request th3t property with 3 Public/Quasi Public designation to bo rezoned to a zoning district that is comp3tible with Meridian City Council Agenda - September 28,2004 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring acconunodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 7- w. ,- x. 1- Y. Revised gw27w04 adjoining zoning districts ::md land uses upon redevelopment of the property by the City of Meridian Planning and Zoning Department: OMIT O. Resolution No. CJ 4- - +1-5 Waste Collection Rates: ~v-<---' Public Pathway Easement for Glacier Springs Subdivision by Tuscany Development: o/fJ--t?/K- Amendment to Solid P. Q. Locust Grove Utilities Change Order #1 with Civil Survey in Conjunction with ACHD: ~ Overland Road - Water & Sewer In Conjunction with ACHD with Civil Survey: ~v<.- Eagle Road - Water & Sewer In Conjunction with ACHD with Civil Survey: ?prwv-<- Ten Mile Road Waterline Latecomer Agreement with Lochsa Falls, LLC: ~fIVo- R. S. T. u. Cross site Sewer Extension Latecomer Agreement with Lochsa Falls, LLC: "fPn'''''''''-' v. Development Agreement: AZ 03-021 Request for reconsideration for annexation and zoning of 114.52 acres from RUT to R-4 (PO) and C-G zones for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: ~~ Findings of Fact and Conclusions of Law for Denial: AZ 04- 017 Request for Annexation and Zoning of 29.69 acres from RUT to R~4, C-N and L~O zones for proposed Leeshire Subdivision by SWI Associates, LLC- 5603 N. Locust Grove Road: ~ej?(Yl.( ./ll,cf c(./ r4r ~,aA:. Findings of Fact and Conclusions of Law for Denial: PP 04- 024 Request for Preliminary Plat approval for 89 building lots and 20 common lots on 29.69 acres in proposed R-4, C-N and L-O zones for proposed Leeshire Subdivision by SWI Associates, LLC - 5603 N. Locust Grove Road: _ ~p4VI.L -/"1 ~ f vI.-( hM-- dt.---,a...& Findings of Fact and Conclusions of Law for Denial: CUP 04- 026 Request for a Conditional Use Permit for a mixed use Planned Development consisting of single family residential and commercial/office uses with reductions to the minimum requirements for lots size, side yard setbacks and minimum street Meridian City Council Agenda - September 28, 2004 .Page 3 of5 All materials presented at public meetings shall become propelty of the City of Meridian. Anyone desiring acconunodation for disabilities related to documents and/or hearings please contact tbe City Clerk's Office at 888-4433 at least 48 hours Plior to the public meeting. Revised 9-27-04 frontage for proposed Leeshire Subdivision by SWI Associates, . LLC - 5603 N. Locust Grove Road: fI/'lG-~ /II-t! cl.,( wy~".7>..f?.- Z. Insurance Renewal with ICRMP: ~vrL-- 6. Department Reports: A. Police Department - Chief Musser 1. Recognition of Sgt. Bill Volker for 10 years with the City of Meridian: ;>rcl!l~iw B. MayorJs Office 1. Appointment of City Attorney: /h'II,u~ - v~ v...c- 2. Recognition and Acknowledgment to Gary SmithJ Public Work's Director: ,Pr(?~:"~ C. City Attorney - William F. Nichols 1. Report: f#'1! S c-J'vr./LL 7. (Items Moved from Consent Agenda) 8. FP 04-058 Request for Final Plat approval of 79 single-family residential building lots and 9 common lots on 16.3 acres in an R-8 zone for Sutherland Farm Subdivision No.4 by Sutherland Farm, Inc. - east of South Eagle Road and south of East Overland Road: ~v"Jt.-- 9. Continued Public Hearing from August 24,2004: Trunk Line Water & Sewer Assessment, Connection and Miscellaneous Fee Proposal: Continue pnplVvL -P~ f M~~ 10. Public Hearing: CUP 04-027 Request for a Conditional Use Permit for a daycare facility for up to 150 children in a C-G zone for Primary Colors Daycare by Primary Colors, Inc. - east of South Eagle Road and south of East Overland Road: ~p~.?/ /- { G-I L .{;nr ~y-~ 11. Public Hearing: CUP 04-030 Request for a Conditional Use Permit for a gymnastics center in an I-L zone for Danik Gymnastics by Viktor Danilovitch - 345 South Adkins WaY:~f?bo-L -/I,c I t:/.-f ~ 7f?('Ov~ 12. Public Hearing: CUP 04-031 Request for a Conditional Use Permit for a retail candle and gift shop in an O-T zone for Kathy Hinshaw (Aromatic Sensations) by Kathy Hinshaw-128 East Pine Avenue; :/ /' _ ~;t..-..l. ~/'.I.f c/-'- ~~p rt) ~ Meridian City Council Agenda - September 28,2004 Page 4 of5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabi lities related to documents and/or hearings please contact the City Clerk's Oftice at 888-4433 at least 48 hours prior to the public meeting. Revised 9-27-04 13. Public Hearing: VAR 04-005 Request for a Variance to the minimum parking requirements for a retail use in an 0- T zone for Kathy Hinshaw by Kathy Hinshaw-128 East Pine Avenue: pr'.ep~.//~ fe/.( ~4-ryrrovU 14. Public Hearing: AZ 04-019 Request for Annexation and Zoning of 64.48 acres from RUT to R-8 zone for proposed Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan on North Meridian Road: te~ /;;a.vll.- To -fN.. fJt 2- ~rY1d--rr/b-_ 15. Pubic Hearing: PP 04-026 Request for Preliminary Plat approval for 234 single-family residential building lots and 16 common lots on 64.48 acres in a proposed R-8 zone for proposed Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan Road on North Meridian Road: re~ 6(U/J~ ~ -f^e p, 2- C~n..nv;-;rr.."-' 16. Pubic Hearing: CUP 04-028 Request for a Conditional Use Permit for a mixed use Planned Development consisting of single family residential lots with reductions to the minimum requirements for lot size, street frontage (including cul-de-sacs) and request to exceed the maximum block length allowed for proposed Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan Road on North Meridian Road: re /i"1.-~ oL 6 ~ -fp '1"k P I 2- C~I7'.r;~ 17. Tabled from September 21,2004: Ordinance No. tl4--IIt:J! AZ 03-036 Request for Annexation and Zoning of 19.7 acres from RUT to R-8 zones for proposed Salisburv Subdivision No.2 by Earl, Mason & Stanfield, Inc. - south of West Ustick Road and west of North Meridian Road: ~~V<A-- 18. Ordinance No. t) 4- -/ / (? 2-- AZ 04-014 Request for Annexation & Zoning of 30 acres from RUT to R-8 zone for proposed Sienna Creek Subdivision by Sagewood Development, Inc. - north of West Ustick Road and east of North Linder Road: ~~ V"<.. 19. Ordinance No. {) 4---11 () g AZ 03-021 Request for reconsideration for annexation and zoning of 114.52 acres from RUT to R-4 (PO) and C-G zones for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: ~v-<.- Meridian City Council Agenda - September 28,2004 Page 5 of 5 All materials presented at public meetings shall become property of the City of Melidian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hoUl's prior to the public meeting. October 22. 2004 MERIDIAN CITY COUNCIL MEETING APPLICANT October 26, 2004 ITEM NO. S-A REQUEST Approve Minutes of September 28, 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: ~~ Contacted: Emailed: Date: Staff Initials: Phone: Materials presented at public meeffngs shall become property of the Clfy of Meridian. Revised 9-27~04 CITY OF MERIDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 28, 2004 at 7:00 p.m. City Council Chambers 1. RolI~call Attendance: X Shaun Wardle X Bill Nary X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance: Eli & Rosie Nary 3. Community Invocation by Pastor Steve Moore, with Cherry Lane Christian Church: Presented 4. Adoption of the Agenda: Approve 5. Consent Agenda: A. Approve Minutes of September 7, 2004 Pre-Council Meeting: Approve B. Approve Minutes of September 7, 2004 City Council Regular Meeting: Approve C. Approve Minutes of September 14, 2004 Pre-Council Meeting: Approve D. Approve Minutes of September 14, 2004 City Council Regular Meeting: Approve E. Findings of Fact and Conclusions of Law for Approval: RZ 04~ 009 Request for a Rezone of 16.49 acres from R-4 to R-4, R-8 and L-Q zones for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 and 2240 South Meridian Road: Approve F. Findings of Fact and Conclusions of Law for Approval: PP 04- 023 Request for a Preliminary Plat approval for 56 building lots and 6 common lots on 18.94 acres in a proposed R~8 zone for Larkspur Subdivision by Larkspur, LLC ~ 2090, 2190 and 2240 South Meridian Road: Approve Meridian City Council Agenda - September 28, 2004 Page 1 of 6 All materials presented at public meetings shall become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or bearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting, Revised 9.27.04 G. Findings of Fact and Conclusions of Law for Approval: CUP 04-025 Request for a Conditional Use Permit for a mixed use Planned Development consisting of single family residential, assisted living and office uses with reductions to the minimum requirements for lot size and street frontage for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 and 2240 South Meridian Road: Approve H. Findings of Fact and Conclusions of La'..": for Appro':al: RZ 04- 008 Request for a Rezone of .23 acre from R 8 to proposed 0 T zone for Larrv Knopp by Larry Knopp 713 North Meridian Road: OMIT I. Findings of Fact and Conclusions of Law for Apprm..al: CUP 04 019 Request for a Conditional Use Permit for a retail and professional office use in an existing building in the proposed 0 T zone for Larr\' Knopp by Larry Knopp 713 North Meridian Road: OMIT J. Findings of Fact and Conclusions of L3-'N for Approval: CUP 04020 Request for a Conditional Use Permit for a pharmacy in an L 0 zone for Medic30 Pharmacv by Larry Knopp east of North Ten Mile R-oad on north side of 'Nest Cherry Lane: OMIT K. Findings of Fact and Conclusions of La':: for Appro....al: '!AC 04006 Request for a Vacation of side yard utility and irrigation easements on Lots t1315, and Lots 88 91, Block 23, Ashford Greens Subdivision No.2 by Brighton Corporation east of North Black Cat Road and south of 'Nest Ustfck Road: OMIT L. Findings of Fact and Conclusions of law for Appro':al: RZ 04 010 Request for a Rezone of .68 acre from R t1 to an 0 T zone for Mittleider Rezone by Leon Smith 125 'Nest Cherry Lane and 1615 'Nest 1&t Street: OMIT M. Findings of fact and Conclusions of Law for Approval: MI 04 007 Miscelfaneous request for an administrative lot split of unplatted ground for Ronald Van Auker by Ronald Van .^.uker northeast corner of Franklin R-oad and Gaudians Avenue: OMIT N. Findings of Fact and Conclusions of Lav: for Approval: CPA 04 002 Request for Text /\mendment to allow appliOClnts to request an L 0 zoning in areas designated as residential which are located along arterial streets and section line roads and also allow applicants to request that property with a Public/Quasi Public Meridian City Council Agenda - September 28,2004 Page 2 of6 All materials presented at public meetings shatl become property ofthe City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or bearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 9-27-04 designation to be rezoned to a zoning district that is compatible with adjoining zoning districts and land uses upon redevelopment of the property by the City of Meridian Planning and Zoning Department: OMIT O. Resolution No. 04-445 Collection Rates: Approve Amendment to Solid Waste P. Public Pathway Easement for Glacier Springs Subdivision by Tuscany Development: Approve Q. Locust Grove Utilities Change Order #1 with Civil Survey in Conjunction with ACHD: Approve R. Overland Road - Water & Sewer In Conjunction with ACHD with Civil Survey: Approve S. Eagle Road - Water & Sewer In Conjunction with ACHD with Civil Survey: Approve T. Ten Mile Road Waterline Latecomer Agreement with Lochsa Falls, LLC: Approve u. Cross site Sewer Extension Latecomer Agreement with Lochsa Falls, LLC: Approve v. Development Agreement: AZ 03-021 Request for reconsideration for annexation and zoning of 114.52 acres from RUT to R-4 (PO) and C-G zones for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: Approve 7-W. Findings of Fact and ConclusionS of Law for Denial: AZ 04- 017 Request for Annexation and Zoning of 29.69 acres from RUT to R-4, C-N and L-Q zones for proposed Leeshire Subdivision by SWI Associates, LLC- 5603 N. Locust Grove Road: Prepare Findings of Fact and Conclusions of Law for Denial 7 -x. Findings of Fact and Conclusions of Law for Denial: PP 04- 024 Request for Preliminary Plat approval for 89 building lots and 20 common lots on 29.69 acres in proposed R-4, C-N and L-Q zones for proposed Leeshire Subdivision by SWI Associates, LLC - 5603 N. Locust Grove Road: Prepare Findings of Fact and Conclusions of Law for Denial Meridian City Council Agenda - September 28, 2004 Page 3 of 6 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 88804433 at least 48 hours prior to the public meeting. Revised 9-27-04 7-Y. Findings of Fact and Conclusions of Law for Denial: CUP 04- 026 Request for a Conditional Use Permit for a mixed use Planned Development consisting of single family residential and commercialloffice uses with reductions to the minimum requirements for lots size, side yard setbacks and minimum street frontage for proposed Leeshire Subdivision by SWI Associates, LLC - 5603 N. Locust Grove Road: Prepare Findings of Fact and Conclusions of Law for Denial z. Insurance Renewal with ICRMP: Approve 6. Department Reports: A. Police Department - Chief Musser 1. Recognition of Sgt. Bill Volker for 10 years with the City of Meridian: Presentation B. Mayor's Office 1. Appointment of City Attorney: Bill Nary ..- Approve 2. Recognition and Acknowledgment to Gary Smith, Public Work's Director: Presentation C. City Attorney - William F. Nichols 1. Report: Presented 7. (Items Moved from Consent Agenda) 8. FP 04-058 Request for Final Plat approval of 79 single-family residential building lots and 9 common lots on 16.3 acres in an R-8 zone for Sutherland Farm Subdivision NO.4 by Sutherland Farm, Inc. - east of South Eagle Road and south of East Overland Road: Approve 9. Continued Public Hearing from August 24, 2004: Trunk line Water & Sewer Assessment. Connection and Miscellaneous Fee Proposal: Prepare Ordinance and ~esolution 10. Public Hearing: CUP 04-027 Request for a Conditional Use Permit for a daycare facility for up to 150 children in a C-G zone for Primary Colors Daycare by Primary Colors, Inc. - east of South Eagle Road and south of East Overland Road: Prepare Findings of Fact and Conclusions of Law for Approval Meridian City Council Agenda - September 28, 2004 Page 4 of 6 All materials presented at public meetings shall become property of the City of MeridilllL 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. Revised 9-27~04 11. Public Hearing: CUP 04-030 Request for a Conditional Use Permit for a gymnastics center in an I-L zone for Oanik Gymnastics by Viktor Danilovitch - 345 South Adkins Way: Prepare Findings of Fact and Conclusions of Law for Approval 12. Public Hearing: CUP 04-031 Request for a Conditional Use Permit for a retail candle and gift shop in an O-T zone for Kathy Hinshaw (Aromatic Sensations) by Kathy Hinshaw - 128 East Pine Avenue: Prepare Findings of Fact and Conclusions of law for Approval 13. Public Hearing: VAR 04-005 Request for a Variance to the minimum parking requirements for a retail use in an O-T zone for Kathy Hinshaw by Kathy Hinshaw - 128 East Pine Avenue: Prepare Findings of Fact and Conclusions of law for Approval 14. Public Hearing: AZ 04-019 Request for Annexation and Zoning of 64.48 acres from RUT to R~8 zone for proposed Ventana Subdivision by G. L. Voigt Development Company - north of West McMillan on North Meridian Road: Remand back to the Planning and Zoning Commission 15. Pubic Hearing: PP 04-026 Request for Preliminary Plat approval for 234 single-family residential building lots and 16 common lots on 64.48 acres in a proposed R-8 zone for proposed Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan Road on North Meridian Road: Remand back to the Planning and Zoning Commission 16. Pubic Hearing: CUP 04-028 Request for a Conditional Use Permit for a mixed use Planned Development consisting of single family residential lots with reductions to the minimum requirements for lot size, street frontage (including cul-de-sacs) and request to exceed the maximum block length allowed for proposed Ventana Subdivision by G. L. Voigt Development Company - north of West McMillan Road on North Meridian Road: Remand back to the Planning and Zoning Commission 17. Tabled from September 21,2004: Ordinance No. 04-1101 AZ 03-036 Request for Annexation and Zoning of 19.7 acres from RUT to R-8 zones for proposed Salisburv Subdivision No.2 by Earl, Mason & Stanfield, Inc. - south of West Ustick Road and west of North Meridian Road: Approve 18. Ordinance No. 04-1102 : AZ 04-014 Request for Annexation & Zoning of 30 acres from RUT to R-8 zone for proposed Sienna Creek Subdivision by Sagewood Development, Inc. - north of West Ustick Road and east of North Under Road: Approve 19. Ordinance No. 04-1103 : AZ 03-021 Request for reconsideration for annexation and zoning of 114.52 acres from RUT to R-4 (PO) and C-G zones for proposed Redfeather Estates Subdivision No.2 by Packard Meridian City Council Agenda - September 28, 2004 Page 5 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Revised 9-27-04 Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: Approve Meridian City Council Agenda - September 28, 2004 Page 6 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings please contact the City Clerk's Office at 88&4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting September 28. 2004. The regular meeting of the Meridian City Council was called to order at 7:00 P.M.,Tuesday, September 28,2004, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Bill Nary, Charlie Rountree, and Shaun Wardle. Others Present: Bill Nichols, Will Berg, Ann Canning, Brad Watson, Bill Musser, Kenny Bowers, Gary Smith, Brad Hawkins-Clark, Doug Strong, 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: Good evening. I'll go ahead and open up our City Council regular meeting. It's Tuesday, September 28th, at 7:00 o'clock. I'd like to welcome you all here. It looks like we have some high school government classes going on out there. Thank you for joining us. And I will ask the city clerk to please call roll. Item 2: Pledge of Allegiance: De Weerd: Item two is the pledge of allegiance. We will be led in the pledge tonight by Rosie and Eli Nary. Please rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Steve Moore, with Cherry Lane Christian Church: De Weerd: Thank you. Item 3 is our community invocation. Please join us or take this opportunity for a moment of silence. We have Pastor Steve Moore with us from Cherry Lane Christian Church. Moore: Our Father God in Heaven, tonight we are grateful for where we live and when we live and for the freedom that we have, for what we just pledged and the ability to be able to live in such a place where these stars and stripes remind us of a heritage that we have that's been given by others. We praise you for directing that. Tonight I pray especially for this meeting, that what's decided sometimes, God, we lose the big picture and we realize tonight that specific decisions are going to be made about neighborhoods and businesses and i terns for this community. I pray that you would direct these who will make such decisions, that they would make them in the best interest of this community. We thank you for their selfless service in this regard. Meridian City Council September 28, 2004 Page 2 of 59 Father, we think also especially of the future of this community. I pray that with all the work that's gone into the application for the Croft Community Center, that you would bless us and that you would direct that as well, that selection. God, we don't have a Salvation Army in this community and all the good things that they do and that's just one aspect, Father, that, from my opinion, it would be so good to have and we ask for your blessing in that. We pray for -- with our freedoms we pray for those in foreign lands, particularly in Iraq this very evening that are representing us and protecting us and we pray for their support and for their protection. We think specifically of Myron Seversen from this community that's been called to action from our police force. We pray that you would prepare his family and be with them in what they must adjust to and all the emotions that are related to that. Watch over them and especially Myron. We thank you for those that do keep the peace right here in our community and serve so effectively. Bless them and their families with safety and protection as well, in the name of Christ, our Savior, I pray, Amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor Moore. Item NO.4 is adoption of the agenda. Mr. Bird. Bird: Madam Mayor, we do have some -- get my glasses, so I can read it. On our Consent Agenda, Items A through G, are still active. H through N are omitted. I need a resolution number for Item O. And items number W, X, Y we would like to move to 7- W,X,Y on the regular agenda. And with that I would move that we approve the revised agenda. Rountree: Second. De Weerd: It's been moved and seconded to approve the agenda on No.4. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of September 7,2004 Pre-Council Meeting: B. Approve Minutes of September 7, 2004 City Council Regular Meeting: C. Approve Minutes of September 14, 2004 Pre-Council Meeting: D. Approve Minutes of September 14, 2004 City Council Regular Meeting: E. Findings of Fact and Conclusions of Law for Approval: RZ 04- 009 Request for a Rezone of 16.49 acres from R-4 to R-4, R-8 and Meridian City Council September 28, 2004 Page 3 of 59 L-O zones for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 and 2240 South Meridian Road: F. Findings of Fact and Conclusions of Law for Approval: PP 04- 023 Request for a Preliminary Plat approval for 56 building lots and 6 common lots on 18.94 acres in a proposed R-8 zone for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 and 2240 South Meridian Road: G. Findings of Fact and Conclusions of Law for Approval: CUP 04-025 Request for a Conditional Use Permit for a mixed use Planned Development consisting of single family residential, assisted living and office uses with reductions to the minimum requirements for lot size and street frontage for Larkspur Subdivision by Larkspur, LLC - 2090, 2190 and 2240 South Meridian Road: H. Findings of Fact and Conclusions of La'.... for Appro':al: RZ 04 008 Request for a Rezone of .23 acre from R 8 to proposed 0 T zone for Larry Knopp by Larry Knopp 713 North Meridian Road: OMIT I. Findings of Fact and Conclusions of Law for .^.ppro':al: CUP 04 019 Request for a Conditional Use Permit for a retail and professional office use in an existing building in the proposed 0 T zone for Larry Knopp by Larry Knopp 713 North Meridi3n Road: OMIT J. Findings of Fact and Conclusions of La'.... for Appro'lal: CUP 04 020 Request for 3 Conditional Use Permit for a pharm3cy in an L 0 zone for Medicap Pharmac'l by Larry Knopp east of North Ten Mile Road on north side of VVest Cherry Lane: OMIT K. Findings of Fact :md Conclusions of Law for Approval: 'lAC 04 005 Request for a Vac3tion of side Y3rd utility and irrigation easements on Lots 13 15, and Lots 88 01, Block 23, Ashford Greens Subdi'.'ision No. 2 by Brighton Corporation oast of North Black Cat Road 3nd south of West Usticl< Road: OMIT l. Findings of Fact and Conclusions of La'.\' for Approval: RZ 04 010 Request for a Rezone of .68 acre from R 1 to an 0 T zone for Mittloider Rezone by Leon Smith 125 \^/ost Cherry Lane 3nd 1645 West 1st Streot: OMIT M. Findings of Fact and Conclusions of Law for .^~ppro'lal: MI 04 007 Miscellaneous request for an 3dministrati'le lot split of Meridian City Council September 28,2004 Page 4 of 59 unplatted ground f-or Ronald Van Auker by Ronald Van P. uker northeast corner of Franklin Road and Gaudbns .^.venue: OMIT N. Findings of Fact and Conclusions of La'...' for /\ppro'lal: CPA 04 002 Request for Text Amendment to allO'.v applicants to request an L 0 zoning in areas designated as residential It/hich are loc:.1ted along :.1rterbl streets and section line roads and :.1lso allm... applicants to request that property \yith a Public/Quasi Public designation to be rezoned t-o a zoning district that is compatible with :.1djoining zoning districts and land uses upon redevelopment of the property by the City of Meridian Planning and Zoning Department: OMIT O. Resolution No. 04-445 Collection Rates: Amendment to Solid Waste P. Public Pathway Easement for Glacier Springs Subdivision by Tuscany Development: Q. Locust Grove Utilities Change Order # 1 with Civil Survey in Conjunction with ACHD: R. Overland Road - Water & Sewer In Conjunction with ACHD with Civil Survey: S. Eagle Road - Water & Sewer In Conjunction with ACHD with Civil Survey: T. Ten Mile Road Waterline Latecomer Agreement with Lochsa Falls,LLC: U. Cross site Sewer Extension Latecomer Agreement with Lochsa Falls, LLC: V. Development Agreement: AZ 03-021 Request for reconsideration for annexation and zoning of 114.52 acres from RUT to R-4 (PO) and C-G zones for proposed Redfeather Estates Subdivision No.2 by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: Z. Insurance Renewal with ICRMP: De Weerd: Mr. Bird, for the Consent Agenda resolution, that number is 04~445. Bird: Thank you, Madam Mayor. With that, Madam Mayor, I would move that we approve the Consent Agenda with Items A through G, 0 through V, and remove Items Meridian City Council September 28, 2004 Page 5 of 59 W, X, and Y to 7 -W, X, Y and also keep Item Z and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: It's been moved and seconded to approve the Consent Agenda as amended. 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. Item 6: Department Reports: A. Police Department - Chief Musser 1. Recognition of Sgt. Bill Volker for 10 years with the City of Meridian: De Weerd: Thank you. Item 6 under Department Reports. Chief. Musser: Madam Mayor, Members of the Council, I asked for some time this evening to be able to recognize Sergeant Bill Volker, who, on the 20th of September of this year, just a few days ago, officially retired his position with the Meridian Police Department. However, I asked for recognition in the fact that he has spent ten years with the City of Meridian and we are now recognizing our employees for the time and service that they have put in. I find this kind of a melancholy moment, because Bill has been with us for quite awhile and I have really looked towards this officer in the time that we have had him here with the department. He chose that date, though, for his retirement for a specific reason, which I think also should be part of the record and brought to your attention. Bill served his country, including this community, for a total of 36 years. The date that he entered in the service and first started wearing a uniform was on September 20th back when he first entered the United States Marine Corps as a new recruit. He spent his time in the Marine Corps working through up to the rank of master gunnery sergeant before he retired out and, then, started a law enforcement career over in the Canyon County Sheriff's Department. He, then, came to t he City of Meridian where he worked with us for ten years and I really would like to have that recognition pass fOlWard to him for that service that he gave to this community and the time and effort that he's done in general serving in uniform as a member of the Armed Forces and as a law enforcement officer and that's why I requested to be able to have him here tonight, so he could receive his recognition as a ten year employee with the City of Meridian. Bill, if you could come up fOlWard, please. De Weerd: So, we, with great pride and we very much -- we very much appreciate the employees we have that serve a great number of years with our community and it is with mixed emotions -- I missed -- I, actually, caught his -- the tail end of his retirement Meridian City Council September 28, 2004 Page 6 of 59 party and to bid him farewell. He has served our community with great dignity and we appreciate that and it's my privilege to present you with your ten-year certificate and I think the chief already explained the packet. Okay. And so we will look forward to you coming back to the office in another way we have got you back in, but thank you, Billy, you have served our community with great dignity and integrity. Volker: Thank you. B. Mayor's Office 1. Appointment of City Attorney De Weerd: I got to call you Billy, instead of sergeant on that one. I know. You look good after 36 holes of golf. Thank you for coming tonight. Okay. Item B, is Mayor's Office, and it is with great pleasure that I bring to you tonight the name of Bill Nary to be appointed to City Attorney. I think I have discussed with all of you the merits of bringing this appointment before you. I touched on it last week, I believe, and I would like, Council, your confirmation of this appointment. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: With mixed emotions I move that we appoint Bill Nary as our city attorney. Rountree: Second. De Weerd: It's been moved and seconded to approve the appointment of Bill Nary for our city attorney. Is there any discussion? I'm not asking you. Nary: Madam Mayor? I will be abstaining from this vote and the record from the last meeting isn't part of this meeting, so maybe Mr. Bird could say why he has mixed emotions, so anybody in the audience doesn't wonder why he said that. Bird: Oh, I would be glad -- Madam Mayor, I would be glad to. We are gaining one of the smartest young men I knew as our city attorney, who will do us a great job, but we are also losing one of the best councilmen I have ever served with and I appreciate it. Nary: Thank you. Bird: That's my mixed emotions. De Weerd: And, Mr. Nary, I guess we all go into this with mixed emotions. As a Councilmember I very much appreciated serving with you. I felt that the whole team worked well together. We appreciated your humor and it sometimes was very entertaining. So, we are -- Meridian City Council September 28, 2004 Page 7 of 59 Nary: Sometimes? De Weerd: Yeah. Every week was a new surprise. But we appreciated the insight that you added to our discussions. I always felt that the projects were better projects because of a lot of your input. So, as a Council member and now as Mayor, that you will leave a void and I hope that as we get letters from the community who have an interest in filling your position, that we are able to fill your seat with, again, a diverse person that can bring a unique perspective that you certainly will be missed in. But it is with great pleasure that we gain a great asset to our community in terms of your expertise, your experience, your passion for our community as our city attorney. So, mixed emotions, Mr. Bird, I can certainly understand that, but our community will continue to benefit from your involvement and the passion that you bring to whatever you do. Nary: Thank you, Madam Mayor, Members of the Council. As most politicians, you can't let the moment go by without saying something. I agree, I mean there is mixed emotions with me. I appreciate my family is here tonight, my wife and some of my children are here, and that's very exciting to me for them to be here and to have the people in your community elect you to be their representative and to sit up in this Council is a privilege that only few people get to know and I have enjoyed every moment of it. It has been incredibly fun, more fun than I ever imagined it would be. I always said to folks that I hope when people left the meeting they didn't wonder what I was thinking and I'm pretty sure most people -- Mr. McKinnon is nodding his head. I think most people would say that's probably true. Most times I think people knew what I thought. This opportunity for this town that I lived in for almost 20 years, to serve now in a daily capacity as part of the staff for the city is very exciting to me. It's a great place to live, it's the hometown to my family now, this has been a wonderful opportunity and I couldn't let it go by. But the last thing I want to say on this point is having Bill Nichols precede me is what makes this job so easy to move into. Bill Nichols has been just an incredibly admirable and excellent city attorney for this city and I feel very very honored to follow him in doing this and I think this job is a whole lot easier to do because of him and I appreciate him very much and he will be on my speed dial, I think I'll have the instant messenger on the computer, so I can make sure to ask him when I'm not so sure, but this is a very exciting time for me and for my family. So, thank you very much. De Weerd: Thank you. Is there any further discussion before I ask the clerk to, please, call roll? ' Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I will shorten our open mike session that we had earlier at pre-Council, but just to express my appreciation, too. It's been my pleasure to work with Bill this past nine months and appreciate his efforts in the city and I recognize the hard decision that Meridian City Council September 28, 2004 Page 8 of 59 he's making and I think it's going to be a great great move for us as a Council and as a city and, Bill, welcome aboard in your new capacity. Nary: Thank you. De Weerd: Mr. Wardle. Wardle: Madam Mayor, I also agree with all the comments made and I appreciate all the service that Bill has given this community, but I think in a growing community like Meridian, something that we have done in the past and continue to do is when we grow and we have an opportunity, we look to our citizens and we look to those that have served this community to take us forward and Bill's new position in this city I think is fit very well for him and I'm proud to be part of the decision and to make a sacrifice on the Council, but to help the city by bringing one of our best into the city administration. So, I appreciate your service, Bill. Nary: Thank you. De Weerd: Thank you. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, abstain. MOTION CARRIED: THREE AYES. ONE ABSTAIN. De Weerd: Well, congratulations, Mr. Nary. Nary: Thank you. De Weerd: He will take office on October 1 s1. Mr. Nary, if you will, please, come down here. I would like to present you a token of our appreciation. It's a plaque to that ~- that I'm sure you will hang on your new office wall with great pride, presented in appreciation for your contribution and service to the City of Meridian as Councilman from January 2002 through September 2004. The City of Meridian greatly appreciates your dedication and commitment to serve the city and community. Thank you for your leadership and involvement in our community. Nary: Thank you. That's really nice. 2. Recognition of Acknowledgment of Gary Smith, Public Work's Director De Weerd: Thank you. So, I will go ahead and talk about our next -- we have had the last week of being able to celebrate Gary Smith and his years of service to the City of Meridian. You know, this seems to be a celebration of retirement or separations and Gary has served our community for over 20 years and when you look at the growth and how much Meridian has c hanged over this 20 year period 0 f time, I'm sure you can Meridian City Council September 28, 2004 Page 9 of 59 really recognize the mark that our Public Works director has had on our community and certainly the legacy that he leaves the City of Meridian through his leadership. We did want to take this opportunity at City Council to recognize him one last time. His last day is on Thursday, but we do have two things for you, Gary, if you will, please, come forward. First, you know, this very treasured name plate. We thought about reusing it, because we are very frugal with the taxpayer dollars, but we did -- since you had 20 years of seNice with us we thought it would be more appropriate hanging on the walls of your home. Now, this is not a gun. We know about your passion for fishing and we do think that when people retire they should enjoy a leisurely life outside of volunteering for the City of Meridian, which I'm sure you will do, but we would like to present this gift to you as just a small token, again, of our appreciation for your great work and leadership. C. City Attorney - William F. Nichols 1. Report: De Weerd: Thank you. Mr. Nichols has already jumped forward to the next agenda item. Nichols: Madam Mayor, I have the privilege of speaking before you tonight. I want to let you know and let the public know that I had asked the Mayor and Council for the privilege -- a point of personal privilege to address the Mayor and Council in a meeting and so they graciously allowed me to do that and the big book that I brought with me is not my speech. Thank you, Mayor and Council for the opportunity to present a final report to you. Since 1998 the firm of White Peterson has served as the attorneys for the City of Meridian. The initial contract and subsequent renewals through November 1 st, 2002, included all of the city's legal services, including criminal prosecution. Since November 1, 2002, our contract has been for civil matters only. It has been our privilege and our pleasure to act as the attorneys for the city. When the Mayor announced her decision to combine the city attorney duties and human resources director into one position, I reiterated to her what had been our pledge and our longstanding policy, which was when the city decided to take legal services in-house, we would do what we could to assist in that transition and to make it work. We knew the day would come when you would bring services back in-house. We just kind of mis- guessed when it would happen a flttle bit. We thought you needed more room before you did that. But that's forthcoming and I expect to see a new city hall soon. I also have to tell you that I anticipated your appointment of Bill Nary as city attorney by about two years, because when I was cleaning out our Meridian office two years ago, I came across this old Meridian codebook. I kept it, because I believed one day Bill Nary would be Meridian's city attorney. This volume is the codebook that Bill Nary used as Meridian city prosecutor when he worked for Ambrose, Fitzgerald, and Crookston. I return it to him today a s your new city attorney. Its ays right here: City 0 rdinances, Meridian, Idaho, Bill Nary, city prosecutor. And that's one less thing in my office. I would like to take this opportunity to review some of the accomplishments and projects we have been involved in as your attorneys. In the finance department we assisted the municipal Meridian City Council September 28, 2004 Page 1 0 of 59 utility system with a number of matters. Lots of questions about customer bankruptcies, developing and drafting third party billing directives, policies, and forms and matters associated with the internal audit that was done. We drafted the ordinance for the new finance director position when that was created. Knowing that this position, as has proved true with Stacy Kilchenmann, would improve the financial condition of the city and particularly budgetary processes. And the first budget I sat through was 2000 and that was no fun at all. We had this place full of people and everybody was angry and ill~ informed a nd it just was not -- not any fun a nd it was after that the finance director position was created and brought a lot more order and financial soundness to the city and you're to be congratulated for that forward thinking. In the clerk's office we worked a lot with Will Berg and his staff trying to get the right documents to the right people at the right time. We assisted in public record requests, questions involving a variety of matters from licensing's to notice issues and perhaps, most importantly, assisted with the complete city code revision that was completed in 1999 and Councilman Rountree will remember and Councilman Bird, that was a major major effort. In the Planning and Zoning Department we have had perhaps our greatest involvement. We improved form and substance of the findings for the land use decisions. Council expected a nd we fulfilled a turn around time for complex findings, which accurately and completely reflected the Council's decisions on numerous land use matters. Of the hundreds of sets of findings that we prepared, very few were not completed in the targeted two-week turnaround time from decision to adoption. Where the decision was made on a Tuesday night, the documents were prepared by one week from the following Thursday, so that they would be prepared and ready for the following Tuesday for adoption. We improved the use of development agreements. There were previously development agreements that were used by the city, but they were most often drafted by the developers and no offense to my friend Joann Butler who is sitting in the audience, they were usually drafted by the developer's lawyers. Sometimes they weren't drafted at all and, as a consequence, things slipped through the cracks terribly. We worked with the clerk's office to develop a process where no annexation or rezone would occur until the signed development agreement had been returned and Will's staff, particularly, watches out for that diligently and t hey are to be congratulated for that. [t makes things just much better. We successfully defended every judicial review lawsuit brought against the city, which challenged a land use decision, and perhaps, more importantly, in the last four years I can only remember one case being filed and none for over two years. We believe that's because we have helped you and your staff make good decisions that are adequately supported by the record. We've also assisted the planning department in major revisions to the landscape ordinance, the sign ordinance, and the development of a cell tower ordinance. We drafted and completed documentation to establish the Meridian Development Corporation and we have answered innumerable -- and I do mean innumerable phone calls and e-mails for advice and assistance on planning matters. In the fire department we assisted the fire chief and his deputies by working on matters related to the construction of fire stations two and three and we have even commented on the documents for the architect on station four that's now in the planning stages. We reviewed and prepared the ordinance adopting the International Fire Code. We a ssisted the department with collective bargaining and union matters. A Iso with mutual aid agreements, surplus property donations, and sales and just recently, coming Meridian City Council September 28, 2004 Page 11 of 59 before you soon, will be an Ada County Emergency Medical Services stationing agreement, which will allow for ambulances and their crews to be stationed in your fire stations, which will improve your citizen safety. And that's a great thing for this city. In the parks department we worked closely with staff on acquisition of additional parkland and we developed a form agreement for the community partnerships for park development that's used by groups such as Meridian Youth Baseball and Adventure Island Playground. We assisted in the adoption of an urban forestry ordinance, updated the park impact fee ordinance and completed negotiations for -- of a master pathway agreement with Nampa-Meridian Irrigation District. And as we all know, they were on the mountain when Moses got the Ten Commandments, so it was not an easy task. In the police department during the term of our prosecution of city misdemeanor offenses we had our ups and downs, but one thing that we did better than anybody else is we achieved the greatest collection of court revenue in the history of the City of Meridian. In the year before we got the contract the city collected approximately 139,000 dollars in court revenue. In the last year of our contract total court revenues received were 334,000 dollars. Actual court revenues for this current fiscal year that's about to end are likely to be approximately what we collected for the 99-2000 year. The new city attorney, one of your challenges is going to be to work with your former employer to find out why, with more police officers and presumably more tickets, court revenues are down. Probably our greatest accomplishment for the police department, though, was our involvement to help get the brand new police station. It was our attorneys who prepared, filed, and argued the judicial confirmation suit, which allowed the city to build the police station with the financing that did not require going to the voters for additional taxes. And Councilman Bird was particularly involved in that with a commitment to be able to do it and not raise taxes to do it and that building will be paid sooner than not and your community is so much better for it. We also assisted the department with a police manual, critical incident task force agreements, and a variety of other matters. In human resources we assisted your staff and an outside consultant in a complete revision of the city's personnel policies. It was our experience in employment law that allowed us to target some things in those policies to give you and your directors effective tools to manage your work force. Other attorneys that have reviewed those employment policies have told us that they are among the best that they have seen and we take some pride in that. In addition, we have investigated personnel issues for you, we have done other things in human resources, and we especially appreciated all of the help we got from department directors in those different matters. In public works we helped draft staff -- your staff draft standardized water and sewer easement forms, so we weren't reinventing the wheel every time they went out to get an easement. We assisted the staff in the transition from a paradigm of developer financed infrastructure to one where the city drove where it was going to go and how it was going to be constructed and that was a major shift. Gary Smith lamented the day that he had to pay for an easement, because they had always been given in the past, but that's part of the maturing of this community, is things have to be done a little differently than the way they were before. We helped with water and sewer reassessments and collections, the development of the sewer pretreatment ordinance, the application for EPA certification of the pretreatment program. We worked on the latecomer agreements and that was no small task. We also standardized those agreements and, particularly, worked on Meridian City Council September 28, 2004 Page 12 of 59 aspects that would make those easier to collect, collecting them quicker rather than later. We have reviewed numerous consultant contracts and through persistence I think we have finally begun to wean the consulting engineers away from blanket liability limitations that they like to put in those. We also during our tenure had one bid protest. I think it was probably -- maybe the only one you have ever had and we had to develop a process and a procedure for you to hearthose. The parties involved feltthatthe process was fair and we did that for you. We prepared ordinances to adopt the International Building Code and updated plumbing, electrical, and mechanical codes and we developed better contracts for your independent contractor inspector seliJices. In short, we have raised the bar for providing legal seliJices to the City of Meridian. We believe the quality of our seliJice, the accuracy of the information and advice that was given, the completeness of that advice and related documentation, the timeliness of seliJices, the efficiency with which we rendered them and the forward-looking common sense approach that we used, leaves the city's legal affairs on a solid footing for the future and we feel good about that. I'd like to publicly acknowledge those individuals in our firm that have assisted the city staff and made this raising of the bar possible. Chris Nye successfully defended every judicial review challenge and he also provided public works staff with advice regarding potential imminent domain matters. Julie Fisher was outstanding in her advice and counsel in investigations for the human resources department and the assistance that she gave to those affected departments that had to contact HR. Jill Holinka and Chris Gabbert attended many late night sessions of the Planning and Zoning Commission. William Gigray, III, put in a tremendous amount of work from the outset of the contract through February 2000, which work allowed me to operate from a solid foundation. And Terry White, our senior partner, has such a tremendous background in municipal law that I could shortcut research every time, but just going to him and asking the question and that was a great assistance to me and to the city. And, lastly, I'd like to acknowledge Marlene 8t. George, a legal assistant in our office, who is a tremendous worker, she's diligent and conscientious to a fault. Most of the voluminous document preparation that we had to do was done by her and she made sure things got where they had to be when they had to be there. I'd also like to note that our tenure was marked by our ability as a firm to work cooperatively with all the staff past and present, as well as the other parties on this public stage, such as governmental entities and members of the development community. Cooperation does not mean unnecessary compromise, but it means advocating for the city's position in such a way that there is a focus on results and not on personalities or egos and we believe we have done that well. I'd also like to take this opportunity, especially, though, to express my thanks to city for items that I can only characterize as personal growth for me. I personally attended over 200 Council meetings since February 2000 and, thus, have had a chance to see a vibrant and growing community and see some of the best planners, the best attorneys, and best engineers to present and defend their projects. I got paid to go to school. It was tremendous. As your city attorney I was also involved with the Association of Idaho Cities and testified before the legislature and assisted in legislative drafting. I was able to make presentations to A1C and the Idaho Municipal Attorneys Association. Being h ere a 1I0wed me to build upon personal strengths and challenged me in new ways. When I came here five years ago to the firm, I had zero Idaho municipal experience. With over 200 meetings, in some communities that's like Meridian City Council September 28, 2004 Page 13 of 59 ten year's worth. To the Mayor and this City Council and the past Mayor and City Councils, I thank you for the opportunity that we had and that I had to serve. To the department directors and their staff let me express my admiration to you, for you are remarkable for your dedication to this city. The amount of work you do and what you achieve with the scarce resources that are available is absolutely outstanding. It is a privilege to work alongside such fine people. I leave the Mayor and Council with these challenges: You have the challenge of siting a new City Hall and, hopefully, in a downtown area and finding a way to finance it. I encourage you to let your citizens know of the critical need for space consolidation of city departments in order to more efficiently utilize taxpayer dollars. You will be reviewing and adopting a new zoning ordinance and related procedures. All of these present new challenges to you, because the new procedures may ask the Council to give up some of that control you had over individual developments. You will also be reviewing coordinated land use and transportation plans d rafted by Compass's consultant and a Iso by the Freilick group. These last two matters I can't tell you what an extraordinary opportunity for Meridian and other Ada County governments this is, because you have the opportunity to create something really unique. I challenge you to consider taking customer service to a greater level and that is to take customer service beyond the customers that you see at the counter and consider those customers who are not yet born. Particularly, with land use decisions, those decisions you make today will impact the next century and beyond. It's easy to consider the concerns of the developer and the concerns of the neighbors, it is more difficult to consider how the decision may affect future generations, but there is no greater perspective than that, because none of your decisions has such a long lasting effect as those which affect how your community is built. 80, I encourage you to think of customer service in those ways. My challenge to your new city attorney is to take the foundation of excellence that we have established and exceed it and I have every expectation that you will do your best to do that, because I know you would expect nothing less of yourself. I also ask the Council and the Mayor to be willing to invest the resources it takes make in-house counsel effective. This position combines the city attorney with the human resources director. As the city grows, it must add new employees and as it does the human resources function becomes more important. I have no doubt that Bill Nary will be frugal with the budget that you have provided him. At the same time, if the work requires more resources, I challenge you to find those. And with regard to a new City Hall and additional parkland, I ask that you consider not being afraid to ask the voters for funding. Your mill levy is abnormally low. You have refrained from going to the voters for additional funds out of respect for the demands placed upon t he Meridian 8 chool District and its need for capital with which to build buildings, even though many of those students don't reside in your city limits. You have proven yourselves fiscal conservatives and good stewards of the taxpayers dollars. That entitles you to consider asking them for special needs. In conclusion, thank you for this opportunity to address you one last time. Please know that my time spent as your city attorney will always be one of the highlights of my professional career. May God richly bless the city, its public servants, and those who have the privilege to live and work here. Thank you. ( Meridian City Council September 28, 2004 Page 14 of 59 De Weerd: Now, Mr. Nichols, we did have the privilege of -- or it was our right to cross- examine you or -- Council, do you have any questions for that extraordinarily long presentation? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't have any questions, I just want to make a statement that -- and I think this - - everybody in the city feels this way. Not only the employees and the elected officials, but also our taxpayers. Bill is not only a top notch attorney, but he is ten times a better person. I got to know this a year ago when I was laid up with a Iitt[e bit of illness and he is -- [ don't know. He is the epitome of a gentleman and I can't go any -- I mean I just -- I don't know what more you could say about this guy. They just don't make them any better. That's alii can say. De Weerd: Mr. Nichols, I know you -- I could not get away without saying a few words myself and since [ get to chair this meeting, no one can stop me. You know, I had the privilege of serving most of my whole term as City Council under your legal advice and it has been greatly appreciated. If there is anyone that -- that could -- I don't know if rival is the right thing, but could be someone I could get very excited about having as our city attorney is you and I know you just gave us a nice presentation of what your firm has done. To me, it's what you have done. You have been the face of White Peterson, you have been our City Attorney. You have served with great patience with us and, yes, you have steered us a couple of times when maybe we were going down the wrong path, and, yes, I agree that you have protected our community's interest through your wisdom, your great advice, and your incredible stature. We appreciate your integrity and the leadership that you have provided our city and, yeah, there is a time when Meridian gets to that point where we need the day-to-day face on our legal issues, but you have always been there for our community and, you know, we are eternally grateful for the leadership you have provided and I do have a couple of things to give you as well. It's just our small token. Certainly, we could never tell you how much we appreciate what you have done for our community, but this, again, is presented to you in appreciation for your dedication and your service and you have been our city attorney. We don't think of this as a firm. [t has been you. As city attorney from February 2000 through September 2004, the Mayor and City Council and city staff and the City of Meridian greatly appreciate your commitment to serve the city and community. Thank you for the knowledge, skills, leadership, and expertise that you provided us. Nichols: Thank you. Thank you, Council. Item 7: (Items Moved from Consent Agenda) w. Findings of Fact and Conclusions of Law for Denial: AZ 04- 017 Request for Annexation and Zoning of 29.69 acres from RUT Meridian City Council September 28, 2004 Page 15 of 59 to R-4, C-N and L-O zones for proposed Leeshire Subdivision by SWI Associates, LLC- 5603 N. Locust Grove Road: x. Findings of Fact and Conclusions of Law for Denial: PP 04- 024 Request for Preliminary Plat approval for 89 building lots and 20 common lots on 29.69 acres in proposed R-4, C-N and L-O zones for proposed Leeshire Subdivision by SWI Associates, LLC - 5603 N. Locust G rove Road: Y. Findings of Fact and Conclusions of Law for Denial: CUP 04- 026 Request for a Conditional Use Permit for a mixed use Planned Development consisting of single family residential and commercial/office uses with reductions to the minimum requirements for lots size, side yard setbacks and minimum street frontage for proposed Leeshire Subdivision by SWI Associates, LLC - 5603 N. Locust Grove Road: De Weerd: Okay. Before these students think that all we do is talk and never get down to city business, Council, do you have any other comments that you would wish to share at this time? We can always wait until the end of our meeting. Okay. Thank you again, Mr. Nichols. Okay. Item 7, items moved from the Consent Agenda were W, X, and Y on Leeshire Subdivision. I believe that this was moved onto this part for a Council discussion. Berg: Madam Mayor? De Weerd: Mr. Berg. Berg: Hopefully, the Council in your packets -- actually, excuse me, it was probably handed to you later. There is a letter for request from the applicants concerning this project and that's why you're addressing it on the Consent -- or on Item 7. De Weerd: Mr. Attorney. Nichols: Madam Mayor, Members of the Council, the findings are not yet prepared, but you did receive a letter from the applicant requesting that this matter be reconsidered, so you have the option if you vote for reconsideration, how you want to structure that. If you vote to deny reconsideration, then, we will finish the findings for denial and submit those. De Weerd: Okay. Council? Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council September 28, 2004 Page 16 of 59 Nary: I guess in reading the letter from -- provided by Mrs. Butler on this matter, I think that ~- and I think we received a subsequent letter from some of the neighbors as well, I guess, in opposition to this, but it appears that what's being requested is because we didn't provide enough clarity as to our reason for denial and although I don't have -- as Mr. Nichols stated, we don't have the findings in front of us, I thought we did. So, I guess I don't have any reason for -- at least for myself to move to reconsider, but, certainly, if one of the other Council members wants to do that, but I think we did provide a tremendous amount of discussion on this project and we had a tremendous amount of discussion about the reasons for denial. So, I guess I'll leave it to the rest of the Council, but I think we did cover the things that have been addressed in Mrs. Butler's letter. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If that's in the form of a motion, I would second that. Nary: Well, I think the request is for reconsideration. I wasn't going to make a motion to reconsider, so I don't know that we need to take action. Rountree: We don't have to take action, then. Nary: Unless someone wants to make that motion to reconsider it, we can simply ask that the findings be brought forward -- Rountree: To be finalized. Nary: -- to be finalized. De Weerd: Mr. Wardle? Wardle: Madam Mayor, just a question for Mr. Nichols. If we vote to reconsider, could at that point a motion to remand the items to Planning and Zoning be made subsequent -- subsequently? Nichols: Madam Mayor, Members of the Council, if the motion to reconsider was one to remand, rather than deny, that's an acceptable motion. Typically, though, remands include either issues that have to be redone or reviewed by the Commission, not just a remand of the same project back. So, if you do reconsider and want to remand it for changes to the development that you believe would make it acceptable, then, you need to spell those out in a motion. De Weerd: Does that answer your question? Meridian City Council September 28, 2004 Page 17 of 59 Wardle: Yes. Thank you. De Weerd: Okay. Any further comments or discussion? Okay. Do I have a motion to -- I guess either, one, move forward with the findings from the attorney or the second option would be to approve reconsidering this application. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I would move that we direct the city attorney to prepare the findings for denial that has been previously moved by this Council and bring them forth in due course. Rountree: Second. De Weerd: Okay. It's been moved and seconded to instruct the attorney to bring forward the findings of denial. Is there any further discussion? Mr. Clerk, will you call roll. Roll-Call: Bird, nay; Rountree, yea; Wardle, nay; Nary, yea. Berg: Madam Mayor, we have a tie vote. De Weerd: Aye. Berg: Motion carries. MOTION CARRIED: TWO AYES. TWO NAYS. MAYOR AYE. Item 8: FP 04-058 Request for Final Plat approval of 79 single-family residential building lots and 9 common lots on 16.3 acres in an R~8 zone for Sutherland Farm Subdivision No.4 by Sutherland Farm, Inc. - east of South Eagle Road and south of East Overland Road: De Weerd: Okay. Item 8 is FP 04~058. Staff. Canning: Madam Mayor, Members of the Council, this is a final plat request for Sutherland Farms No.4. It's a 79 lot single-family residential subdivision. It is currently zoned R-4, but they -- as they went through the process they did request a rezone to R- 8. This is the approved preliminary plat. Apparently, I don't have the -- apparently, this is the final plat and I don't have the approved preliminary plat. My new administrative assistant is still figuring out what I like on my presentations. Sorry about that. And the final plat is in substantial compliance with the approved preliminary plat. However, there is one outstanding issue. The rezone ordinance that would make this R-8 zoning has not yet been done by the Council. It has been approved. There is a difficulty -- Meridian City Council September 28, 2004 Page 18 of 59 they can't publish the ordinance, because it references the Sutherland Farms No.3 and because the final plat for Sutherland Farms No.3 has not yet been recorded, we don't have the book and page number from that recording to reference in our ordinance. So, therefore, we have not done the official ordinance. Normally, we do not bring final plats to you until they have the proper zoning and, usually, there is annexation tied to it as well, but in this case it's just the zoning. The Process Improvement Group has raised this as an issue, so we decided to go ahead and raise it as an issue tonight for Council. It's been kind of just an administrative tool on staffs part to keep track of these things, but there is -- the Process Improvement Group has requested that of staff to move the final plat and the final plat construction drawings forward before some of these ordinances or the development agreement have been finalized, but that the city engineer's signature on the final plat -- that at that time all those ordinances had to be done. I hope I made myself clear on that one, but -- okay. I'll try again. Right now the current process has been we don't bring the final plat to you until the ordinance and the development agreement are done. The Process Improvement Group has asked that instead of making it your review of the final plat, that those ordinances and that development agreement need to bed one before the city engineer signs 0 n the plat. This would allow them to bring the final plat forward, get your review, get started on the construction drawings -- it just cuts out about a -- they say four week period, somewhere from two to four weeks that they are just sitting on their drawings, that they can't move forward, because they are just waiting for ordinances to go through. So, did that explain it a little better this time -- that time? Okay. I got a nod from the end of the row. So, that's the only issue outstanding on this plat, is just that the ordinance has not been done. We could make it a condition that the rezone needs to be in effect prior to the city engineer's signature on the final plat, if you want to proceed that way. De Weerd: I guess, Anna, my question would be what is -- what delays the ordinance and in their estimation it takes four weeks. Oftentimes, it's because we are waiting for their signature on the development agreement. Canning: I would agree that it's a two-sided reason and in this particular case it's nothing that staff has to do with it, it's just how this was worded. It relies on the final plat for Sutherland Farms No.3 being recorded. And there can be similar instances to that and it's -- it's just a process that they feel can be done concurrent with staff reviewing the construction plans for the final plats and the final plat reviewing going forward. Not that it needs to get done, not that there is discussion that needs to go on both ways, it's just they would like for the processes to be concurrent, rather than serial. De Weerd: Mr. Berg, do you have any comments? Berg: Yes, Madam Mayor, Members of the Council. I don't remember very many times this has happened, but what really pulled the trigger was there was some blanks on the ordinance that referred to another plat that should have been recorded prior to the ordinance and that's why we can't even take it to the recorder's office, because the recorder's office would say, sorry, you don't have these blanks filled in. I know we have a -- kind of a process, development agreement signed, ordinance approved, final plat, Meridian City Council September 28, 2004 Page 19 of 59 unless there is other instances, I don't know, but that's why this particular one is held up. I don't know of the other -- De Weerd: Is there a particular reason why it has to be in that order? Canning: I have not heard any particular reason. I think that it was a way to make sure that the process gets done. I mean from a clerical standpoint it's probably easier to do things sequentially, but they have asked that we be able to do some of these things concurrently, so that they can get moving forward on their construction plans. De Weerd: But are there going to be certain things that could possibly fall through the cracks by not doing it in the order that we currently are doing it? Canning: The issue is just really the rezone and the city engineer needs to make sure that the rezone and the development agreement are signed before he signs the plat, so ~- De Weerd: Well, I guess, Anna, I mean more in general as well. Canning: I think that's the only concern, is that those documents aren't in place and I don't know the whole Kodiak situation, don't want to know the whole Kodiak situation, but -- I mean I think that that was one instance where the development agreement didn't get signed or something like that, so I think that there are -- and I don't know if that was why this process is in place or not, but I knew that that was a similar issue where something snuck through, is my understanding, or one part went forward while the other didn't and so there is that risk, but -- De Weerd: Mr. Nichols, do you have anything you would like to add? Nichols: Madam Mayor, Anna, what does it take to fix the ordinance? Is it because the blanks are in part of the legal description, which refers to that other subdivision plat? Canning: In this particular case I think that that is the instance. We ran into this issue a little late today and the developer's rep was in a honeymoon in Mexico, so we had a hard time tracking down the right people to answer the question. There is someone from JUB in the audience, I think he's tried to -- there he is. He's tried to do what research he can today, but I think that if we needed to on this particular one, then, we could go ahead and maybe get a different legal description in there, so that they could go forward with this. I guess it's just -- it seemed like a good opportunity to raise this question, because it gets asked at least once a week to my staff, you know, why can't we return this and I'm sure it gets asked of public works staff on a very regular basis, so Nichols: Okay. Madam Mayor? De Weerd: Mr. Nichols. Meridian City Council September 28, 2004 Page 20 of 59 Nichols: Madam Mayor, Members of the Council, based upon the fact that it's just in the legal description and in this one particular case if Council wishes to approve the preliminary plat and the order contains a requirement that the rezone ordinance be approved before the city engineer affixes his signature to the plat, that's probably an adequate safeguard in this particular case. The ordinance in question was sent out in late June, so it's over three months ago that the ordinance was prepared. So, we would have had adequate time to fix it if -- if we would have known what the problem was and just -- just missed it is where that's at. As far part of your usual processes, I would say to you that you -- the reason we do the development agreements before the rezone ordinances or the annexation ordinances are recorded is it removes many of the so- called takings issues and that keeps you out of the court and keeps money better spent than spending it on lawyers. So, I -- I would encourage you to -- if, in looking at any of these processes and making improvements on them, to not compromise that part of it and I think there is -- the only time I can think where it might make an issue, Anna, on timing is that short plats, the preliminary/final plats that they bring forward in connection with an annexation, but in that one they would be ready to go and go to their construction drawings and holding up on an annexation ordinance or that sort of thing, but usually with -- once the preliminary plat's approved I it takes them some months before they get the final plat back and we usually have those ordinances ready to go if they have signed the development agreement. So, I don't -- I don't understand -- and maybe that's just my ignorance, I don't know the delay. But in this particular case I think you can work around it. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Does the applicant have anything to add? Okay. Canning: Madam Mayor, Members of the Council should have mentioned that the applicant is in agreement with the conditions of the approval as noted in the staff report. De Weerd: Thank you. Okay. Council? Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I agree with the advice that Mr. Nichols has given us on this specific instance and certainly think t hat the Process Improvement G roup should look at that issue in specific instances where some 0 four processes could be fixed. A nd with t hat I will move that we approve FP 04~058, request for final plat Sutherland Farms Subdivision No.4 and to include a condition that the rezone ordinance must be approved before the city engineer's signature on the final plat. Meridian City Council September 28. 2004 Page 21 of 59 Nary: Second. De Weerd: Okay. It's been moved and seconded to approve Item 8 with the items stated. Is there any further discussion? Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 9: Continued Public Hearing from August 24,2004: Trunk Line Water & Sewer Assessment, Connection and Miscellaneous Fee Proposal: Continue De Weerd: Thank you. Item 9 is a continued Public Hearing from August 24th on the trunk line water and sewer assessments. I will open this Public Hearing and ask for staff comment Watson: Thank you, Madam Mayor and Council Members. I trust that you have a copy of a memo dated 9/23 that I sent to you. It was a cover sheet for a packet of information sent to you with revised calculations on an assessment fee update. It also contained cleaned up proposed water and sewer ordinances and, thirdly, a list of all fees being proposed either as updates or new fees. The main topic of conversation was that this hearing process started in May, they were presented to two different groups at BCA, the developer's council and the builder's council. I received a lot of interesting feedback from both groups. I n July you authorized me to contract with environmental finance group to do a technical review of this. I believe you do have a copy of t hat report, maybe in your packets. I 1's not i n this particular 0 ne. The succinct summary 0 f his evaluation was that is -- well, it was a good news, bad news evaluation. The system development fee that I had previously proposed was not something that he felt was well founded. That was the bad news. The good news was that I had undervalued what the assessment fees should be based on his experience from working with other municipalities and utilities around the country. So, I went back over the last month and recalculated in accordance with his recommendations and the final proposed updated fees for wastewater are a total of 2,226 dollars per ERU per equivalent residential unit, up from 1,580 dollars, and for water the total updated assessment fee would -- is proposed to be 1,463 dollars versus the 704 dollar charge per ERU it has been previously. These are simply the assessment fees calculated, essentially, the same as they were in '96. The one thing I do want to point out is that all of this is very much computer spread sheet based now, so that when we get the information from finance they can be updated very quickly. It has been a struggle in the past to get all of the asset information necessary to make this calculation, until probably three or four years ago when I started getting that consistently from Rita and we have fine-tuned it over the years to the point where it's very very easy to plug in now. So, I think this will be very easy to a t I east e valuate a nnualJy and, hopefully, we can update t his a nd a void any large increases as this is. This was last updated in 1996, so that's the major thrust of this proposal. The second thing as I noted in the memo is an update ~- complete update Meridian City Council September 28, 2004 Page 22 of 59 of the water-sewer ordinances. These not only address fees, but the way we do day-to- day business. Gary and I and several other members of the public works staff have kept notes over the years of everything that doesn't work or is just stupid or really needs modernized. I'm sorry; I have to digress just for a second. The water superintendent previously has been designated as the one to sound the all clear call when there is no longer a fire -- a fire call and they can go back to using water and Rick Clinton, our water superintendent was very curious as to how he was supposed to do that. So, we deleted that from the ordinance. There were several others regarding livestock -- just weird ones. But those have been modernized, so we were hoping that those can go to ordinance here very soon. And the third point of this proposal is to update some other fees and institute some new fees and those are all listed in the sheet entitled 2004 City of Meridian Water and Sewer Fee Update, with a May 4th, 2004, date and revised 9/8/04. The revised ordinances, I believe, provide for the implementation of all of these fees and I may need some help from Mr. Nichols on exactly how those new fees will be implemented, whether by resolution. I have written the ordinances to provide for these new fees to be set by resolution of the City Council. So, there may be another step here that I'm -- that we will need to go through. With that I will be happy to answer any questions and take any direction you want to give me. De Weerd: Well, Mr. Watson, I guess first I'm shocked that our water superintendent isn't present to yell that and I don't know if Council would like to see it deleted or not. Mr. Attorney -- Mr. Nichols, he did have a question as to what the appropriate next steps are. Could you outline that for us? Nichols: Madam Mayor, Members of the Council, with regard to the notice of the hearing, the initial hearing on these fee increases and so forth, did we have -- Will, can you tell me did we have these numbers -- these are new numbers, aren't they? It sounds like they were revised from the consultant's report. Watson: Madam Mayor, Council Members, Mr. Nichols, the third sheet that had the long laundry list of different fees, those have been in there since the beginning, all of those types of fees. The actual amount of just the assessment fee for water and sewer have been revised I believe downwards since the initial proposal in May. Yes, those figures have been changed. Nichols: But both of those figures are now less than what was published? Watson: Yes. For wastewater the total -- the total fee for wastewater was previously proposed at 2,390 dollars. This proposal has it at 2,226 dollars. For water the total fee was proposed at 1,524 and this revised proposal has it at 1 ,463. Nichols: Madam Mayor? De Weerd: Yes, Mr. Nichols. Meridian City Council September 28, 2004 Page 23 of 59 Nichols: Madam Mayor, Members of the Council, I believe that there has been adequate notice published and you have continued these hearings to get this additional information and because those numbers are less than what was published, you should be okay as far as the state statute goes. The usual process would be to adopt the fees by resolution. The specific resolution sets out those fees. The one question I have in my mind is whether the new ordinances need to be in place first before you do that. If there are new fees reflected in the schedule that are contingent upon the new ordinance, then, the ordinance has to come first. If there are fees that are already in the existing ordinance and the changes are in procedures or they are in titles or the elimination of t he a II clear signal and such, then, you could adopt the fee resolution before you adopt the changes to the water and sewer ordinances. And I have to say I haven't looked at the proposed new ordinances in great enough detail to tell you which of those cases exist. Watson: Madam Mayor? De Weerd: Mr. Watson. Watson: There are several of these fees that are new that I specifically changed the ordinances for, so rather than -- I guess depending on the timeline, I would rather do it all in one fell swoop, rather than trying to piecemeal some of these together. There are probably three to four of these that are new, but ~- I can identify those, bring them back next week, so that we can do them in two separate processes or whatever you would like. Nichols: Madam Mayor? De Weerd: Yes, Mr. Nichols. Nichols: Madam Mayor, Members of the Council, I think, Brad, you have revised the code sections, but what you have are not draft ordinances, and so -- at least as I looked at it. So, you would need to have a draft -- those need to be put into ordinance form, so that, then, they can be placed in code. If we can do it before the end of business on Thursday, we will try to get that in ordinance form with appropriate summaries. If not, I don't -- I don't think it will take too much work to get that in form to where you can have them that way. The resolution itself also needs to set out the specific fees ~~ and, again, part of what you're talking about doing is what you have done with the data and that is to get a format to where you just simply plug in the new fees. So, the resolution would be drafted in that fashion as well. De Weerd: Well, Mr. Nichols, we have great confidence in what you can do in two days. Nichols; ] will try. So, Madam Mayor, Brad, if you can send that to me in Word format, e-mail it to me, that will be greatly helpful. Meridian City Council September 28, 2004 Page 24 of 59 De Weerd: So, Mr. Nichols, do you think we should just continue this for one week or do we need to continue it for two? Rountree: Or can we close it with a motion to move forward with ordinance and resolution? Bird: Why can't we do that? Nichols: Madam Mayor, you can close the Public Hearing and direct that the ordinance be -- and resolution be prepared in accordance with the findings or Brad's recommendations, if there is no other public testimony on the fee. De Weerd: Okay. Thank you. Is there anyone who would like to testify on this issue? Okay. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing no further testimony, I move that we close the Public Hearing for Item No.9. Bird: Second. De Weerd: It's been moved and seconded to close Item No.9. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we instruct legal counsel to move forward with the drafting of ordinance for the trunk line water and sewer assessment and subsequent resolution for fees. Bird: Second. De Weerd: It's been moved and seconded to move forward on Item No.9. Any further discussion? Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. Meridian City Council September 28, 2004 Page 25 of 59 MOTION CARRIED: ALL AYES. Item 10: Public Hearing: CUP 04-027 Request for a Conditional Use Permit for a daycare facility for up to 150 children in a C-G zone for Primary Colors Daycare by Primary Colors, Inc. - east of South Eagle Road and south of East Overland Road: De Weerd: Thank you. Item 10 is a Public Hearing on CUP 04-027. We do have an ordinance that states that we need to swear in all those that will provide public testimony. So, if you will be providing public testimony on Items 10, 11, 12, 13, 14, 15, 16, if you will, please, raise your right hand. Will you swear to tell the truth, the whole truth, and nothing but the truth, so help you God? If so, answer I will. (Affirmative answers.) De Weerd: Thank you. Okay. We will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is a request for a daycare center to serve to up 150 children located in the C-G zone in Silverstone Business Park. It is shown here. It's kind of hard to see. It's right on the corner there of Copperpoint as it makes a bend. There is an outdated aerial. This is the preliminary -- or the layout that went to the Planning and Zoning Commission. There was discussion at that hearing -- let me briefly go through it. Here is a play yard, the building, and, then, the parking wraps around. It does not exit onto the adjoining street to the east. There were some concerns about the fire department's ability to get in and out of this facility. They have changed it to add more pavement, basically, back in this corner, so that the trucks can maneuver. You can see the no parking there. These are elevations of the proposed structure. And I did want to point out that this is strategically located right between the two large office -- the call centers that have gone in, so this is a prime location and probably going to be a much needed facility. Staff did support the recommendation -- or the proposal, as did the Planning and Zoning Commission. They forwarded a recommendation for approval from you at their August 19th hearing. The staff provided testimony, as did Chris Hobbs from Pinnacle Engineering. There was no public input from the general public I should say and there was no changes to staff's recommendation and there are no known issues before the City Council. So, with that I will end staff's presentation. De Weerd: Thank you. Any questions, Council? Is the applicant here tonight? If you will, please, state your name and address. McKinnon: Dave McKinnon, 735 South Crosstimber. Only one thing to add is I wish I had thought of this first. It's a great location. Any questions? Bird: I have none. McKinnon: All right. Thanks. Meridian City Council September 28, 2004 Page 26 of 59 De Weerd: J'm supposed to ask that, Dave. Any questions, Council? Okay. Thank you. McKinnon: Thanks. De Weerd: Is there anyone who wouJd like to offer testimony on this application? Certainly you guys in the back can offer testimony. Okay. Okay. Council? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we close the Public Hearing on CUP 04~027. Bird: Second. De Weerd: Okay. It's been moved and seconded to close the Item No. 10, Public Hearing. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CUP 04-027, with staff, applicant, public testimony included. Rountree: Second. De Weerd: It's been moved and seconded to approve Item No.1 O. Is there any further discussion? Hearing none, Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: CUP 04-030 Request for a Conditional Use Permit for a gymnastics center in an I-L zone for Danik Gymnastics by Viktor Danilovitch - 345 South Adkins Way: De Weerd: Thank you. Item 11 is a Public Hearing on CUP 04-030. I will open the Public Hearing with staff comments. Meridian City Council September 28, 2004 Page 27 of 59 Canning: Madam Mayor, Members of the Council, this is a request for a Conditional Use Permit for a gymnastics center or what we have been forced to term a private school in the l-L zone. It's located right on the corner of Atkins. T hat's right. And nearby -- so, the -- it's an existing facility. They are proposing to use 6,000 square feet of the 1,600 square foot building. They would not hold competitions there, it would just be for private instruction. The Planning Commission held a hearing on it on September 2nd. At that hearing the applicant Viktor Danilovitch testified in favor of the application. He did clarify some situations regarding to the proposed use and parking. There were, again, no members of the public testified against this -- or testified in favor. Just no one there. The key issues 0 f discussion included the number 0 f employees, the parking availability and watching kids after practice is over. The applicant was able to satisfy the Planning Commission's concerns regarding those items and they did not make any major changes, additions, or modifications to the staff recommendation or conditions of approval and to staffs knowledge there are no outstanding issues before the City Council. De Weerd: Okay. Council, any questions? Bird: [have none. De Weerd: Okay. Is the applicant here? Would you like to come forward? Please state your name and address. Dani[ovitch: I am Viktor Danilovitch and it is 345 South Atkins Way. What I can say about this building. It's also a great location for me and for the kids that live there and it is great area and about parking lot, was concern about parking lot and what can I say about this. Usually, you know, it is -- it is drop out business. What this mean, parents bring kids, drop off, and, then, pick them up after practice and not so many parents stay in the gym. That's why not too much worry about parking lots. It's enough f or this building, because it is 6,000 square feet and it is between 13 and 15 parking lots and I can have it on site another three, four, not on the road, but the building. That's why I'm not -- I'm not worried about it. De Weerd: Okay. Danilovitch: A nd usually what we are doing in the gym is going like t his, two, three groups, for example seven, eight, nine kids, maybe, and it's me and two or three coaches with them only in this one group, one coach, it's me and not so many people. But it's all day going from morning until evening. It's not like -- probably the most difficult time will be from 5:00 to 7:00 o'clock p.m. That's -- but the other two businesses will be closed already after 5:00 o'clock. That's why it will give us -- if I will be need additional parking it will give us a little more space for parents. De Weerd: All right. Okay. Thank you. Council, any questions? Bird: I have none. Meridian City Council September 28, 2004 Page 28 of 59 De Weerd: Okay. Thank you very much. Is there anyone who would like to provide testimony on this application? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close Item No. 11, CUP 04-030. Rountree: Second. De Weerd: It's been moved and seconded to close the Public Hearing on Item 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CUP 04~030, Conditional Use Permit for Danik Gymnastics and to incorporate staff, applicant, and public testimony. Rountree: Second. De Weerd: It's been moved and seconded to approve Item 11. 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: CUP 04-031 Request for a Conditional Use Permit for a retail candle and gift shop in an 0- T zone for Kathy Hinshaw (Aromatic Sensations) by Kathy Hinshaw - 128 East Pine Avenue Item 13: Public Hearing: VAR 04-005 Request for a Variance to the minimum parking requirements for a retail use in an O-T zone for Kathy Hinshaw by Kathy Hinshaw - 128 East Pine Avenue De Weerd: Thank you. Okay. Items 12 and 13 are both related. I will open the public hearings on CUP 04-031 and VAR 04-005. Anna. Canning: Madam Mayor, Members of the Council, this conditional use and requested variance are for property located on Main just -- I mean in Pine just east of Main, as Meridian City Council September 28, 2004 Page 29 of 59 shown here. There is just a little flag and that becomes an important consideration in the variance. It doesn't show up very well. Sorry about that. The site -- well, me try and point it out to you. Here is the boundaries, it comes down like that, it's kind of Utah shaped stretched out. This driveway -- or this flag going out to the alley is just wide enough to basically get a drive aisle into and, then, this will be the carport area. This is the 924 square foot house that is ~~ the candle shop is proposed in. Candle and gift shop. And, then, this is their front yard, their walkway, and, then, this is Pine Street down to the south. The applicant is requesting conditional use approval in the Old Town for a retail candle and gift shop. It, as many uses are in the Old Town, it does -- it is required to go through the conditional use process. The square footage of the house, 924 square feet, would normally dictate that we would be looking for five off-street parking spaces. As I mentioned before, the applicant is only able to accommodate one handicapped parking in the carport. Staff has directed them and they have applied for the variance that is before you tonight as well. To get the five parking spaces, basically, they would have to remove the existing house. So, this is one case where staff was -- it was very easy to make the findings for the variance, because to comply with the parking requirements would, essentially, negate the existence of the structure on the property. So, there is no way to facilitate the parking and the structure at the same time and meet all other code provisions regarding the location of off-street parking. So, staff was in support of the variance that is before you tonight. The Planning and Zoning Commission has recommended approval of the Conditional Use Permit. They heard it on September 2nd. The applicant Kathy Hinshaw testified in favor of the application. No members of the public testified on the matter. The key issues of discussion were primarily the parking and, then, some questions about how candles might be manufactured on the site. They commission did not make any changes, addition, or modifications to the recommendation and the only outstanding issue before City Council was the question regarding the variance. And with that I think I'll end staff's presentation. De Weerd: Thank you, Anna. Any questions for staff? Bird: I have none, Mayor. De Weerd: Okay. Would the applicant like to come forward? If you will just state your name and address. Hinshaw: I'm Kathy Hinshaw, I own the 128 East Pine Avenue residence. De Weerd: Thank you. Hinshaw: Let me see. We purchased the home to convert it over to retaiL I do make candles as a full-time business and I thought that would be a good idea to have a retail shop on Pine. Well, in Meridian and have customers that are walking around after they have gone to the local restaurants to walk by and come over to the shop. There also is a city parking lot across the street kitty-corner that people can park and, then, come over to the shop. Do you have any questions? Meridian City Council September 28, 2004 Page 30 of 59 Bird: I have none, Mayor. De Weerd: T hank you very much. Is there anyone else who would like to provide testimony on this application? Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close public hearings 12 and 13. Rountree: Second. De Weerd: It's been moved and seconded to close the public hearings on Items 12 and 13. All those in favor say aye. All ayes. Motion carries. MOTION CARRIES: ALL AYES. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Anna, just a quick point of clarification. Do we need to approve the variance before the CUP or in reverse order? Canning: Yes, sir. Wardle: With that, Madam Mayor, I move that we approve Item No. 13, VAR 04-005, a variance for minimum parking requirements for Kathy Hinshaw. Rountree: Second. De Weerd: It's been moved and seconded to approve Item 13. Is there any further discussion? Mr. Clerk. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRI ED: ALL AYES. De Weerd: Item 12. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Meridian City Council September 28, 2004 Page 31 of 59 I' Wardle: Move that we approve Item No. 12, CUP 04-031, Conditional Use Permit for Kathy Hinshaw. Bird: Second. De Weerd: It's been moved and seconded to approve Item 12. Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. Item 14: Item 15: Item 16: Public Hearing: AZ 04-019 Request for Annexation and Zoning of 64.48 acres from RUT to R-8 zone for proposed Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan on North Meridian Road: Pubic Hearing: PP 04-026 Request for Preliminary Plat approval for 234 single-family residential building lots and 16 common lots on 64.48 acres in a proposed R-8 zone for proposed Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan Road on North Meridian Road: Pubic Hearing: CUP 04-028 Request for a Conditional Use Permit for a mixed use Planned Development consisting of single family residential lots with reductions to the minimum requirements for lot size, street frontage (including cul-de-sacs) and request to exceed the maximum block length allowed for proposed Ventana Subdivision by G.L. Voigt Development Company - north of West McMillan Road on North Meridian Road: De Weerd: Thank you. Okay. Items 14, 15, and 16 are all related for AZ 04-019, PP 04-026 and CUP 04-28. I will open these public hearings with staff comments. Canning: Madam Mayor, Members of the Council, this is a request for a 234 lot residential subdivision on 64.48 acres in an R-8 zone. I want to point out some of the surrounding properties. We have Meridian Road and McMillan Road. The property to the south of the proposed subdivision is -- has been acquired by the Meridian School District for a middle school. And, then, Paramount Subdivision is just to the west. As you may recall, there is -- there is R-40 down in this corner area and, then, there is some L-O directly across the street. This is Mr. Priddy's house, as we know from the Saguaro hearings and, then, this is Saguaro Canyon Estates that was recently approved by the City Council. The applicant has also submitted a planned development request to modify a number of the zoning ordinance standards. I'm sorry. Let me back up. I'm not organized very well today. I will point out some of the features of the subdivision first. The entry road -- this would be the half-mile road located at the northwest corner of the property. That does come down and it connects indirectly to Meridian City Council September 28, 2004 Page 32 of 59 Saguaro Canyon to the east. There is a pedestrian crossing in this location. There is a stub street in -- just kind of at the end of that entryway portion. There is also a stub street located toward the east and this would stub to a five-acre piece that was platted with Saguaro Canyon, providing secondary access to that. They currently take access from a flag -- 20-foot wide driveway flag that connects to Meridian Road. This would give them direct access to a public street. There are several open space lots. Here, here with connections to the public streets, and, then, this small one here that's primarily drainage. And, then, one at the terminus of their main entry road, which comes from the center of the project. There are some pedestrian pathways that do connect down to the school south -- just south of the property. Okay. The lots range in size from 6,000 square feet to 14,575 square feet. The gross density is 3.63 dwelling units per acres and the net density is about 4.66 units per acre. They have, as I mentioned before, requested a number of modifications to the city code. Those are lot size, they have requested that a 6,500 -- or 6,000 square foot minimum per lot, rather than 6,500 square foot. On frontage they have requested a 40-foot minimum, instead of 65-foot. Cord length, this is, again, related to cul-de-sac lots and also kind of corner lots or lots that go around a 90-degree curve. They have asked for a 35-foot minimum, instead of 40 foot minimum, and proposed block length, they are asking for 12,000 plus feet for their propose block length. They do provide 8.17 percent for their open space and for their amenities they have also included playground equipment, a clubhouse, and a swimming pool, as well as multi-use and public pathways. This application does come forward with a recommendation for approval from the Planning and Zoning Commission. They heard the item on August 19th. I'll briefly summarize the Public Hearing. Becky McKay, representing the applicant and the developer, testified it) favor of the application. John Priddy, the property owner to the north, as I pointed out earlier, testified in opposition to the application. His full concerns were outlined in the letter to -- addressed to that is in your files and, then, he also summarized those concerns for the Planning and Zoning Commission hearing. Basically, his concern addressed the lack of transitional lot sizes, the fencing on the north boundary, he has requested a rock wall, as was done in Saguaro Canyon, and he had safety concerns regarding his livestock, specifically his bull that he keeps on the fence -- or on the property and he does use a hotwire fence and concerns about the lower home values. Other key points of discussion during the hearing included public pathway standards. The applicant would like the parks department to modify their standard pathway condition to allow a shallower cross-section. I think we brought this up before, we just ~- until that standard gets changed in the park plan, I think you will see this request frequently. And, then, a request about -- or discussion about the 24-foot wide driveway serving the Boyak Parcel in Saguaro Canyon and the stub street locations and that 24-foot parcel is, again ~- is a driveway flag that extends just along the north end of this property before you reach Mr. Priddy's property, so it's an intervening strip. The key Commission changes to the staff recommendation were that they removed staff's recommendation to add a center median at the north end entrance. The Paramount entrance is immediately across the street and this is the half-mile location. Staff was kind of advocating for more of a main entrance to the north of the property and kind of a more direct route to Saguaro Canyon, instead of the main location being here, but that condition removed. The Commission added a new site specific condition to remove one of the three smaller lots in Block 3, Meridian City Council September 28, 2004 Page 33 of 59 which was up here on the north boundary, so they -- they removed that lot and relocated a stub street and, then, kind of -- it made a better lot configuration in this area. The Commission agreed to add all of the proposed modifications and Engineering Solutions response letter dated August 19th. If the -- the outstand ing issues before City Council, if you choose to approve this revised preliminary plan as recommended by P&Z, the correct date is August -- I'm sorry, September 14th, 2004. There was still a question about the middle school fencing on the south boundary of the property. I would imagine that the applicant's representative is ready to speak to that, just staff didn't know at the time the recommendation was done. And, density, this was brought up in the recommendation and while it didn't receive any discussion of the Planning and Zoning Commission, staff did want to raise a concern about the gross density of this development being below four dwelling units per acre and it's related to the north Meridian's area -- ability to provide a fixed bus route and kind of just be adjoining uses where we have got light office and apartments and, then, the school and just in some ways it was a statement about the uniformity of the subdivision and perhaps the opportunity to have a little higher density in this area. But I will leave staff's comments on that. De Weerd: So, Anna, what is all going on east and west and north and south of this? You know, I really want to get back to that -- no, the other one. Where you show a lot of the lots around it. No. The red one. Yeah. So, what's going around that? Canning: This is Mr. Priddy's property. It's this large one. The square in the middle is just kind of a tax lot around his house and the rest is his agricultural property. This is the middle school property. This -- to the north of Mr. Priddy is also a nice kind of estate home. And, then, you met a lot of these folks during the Saguaro Canyon hearings. they testified regarding Saguaro Canyon. Saguaro comes d own like t hat. This was Leeshire. This is Arcadia Subdivision there. So, all recent applications before Council. This is all Paramount here. The Paramount plat had R-40, so basically apartments kind of in this corner. I'm sorry. There was C-G right at the corner. And, then, there was R- 40 w rapping a round the C ~G and, t hen, there is I ight office directly a cross the street from this property. These were little out-parcels that we haven't seen a use on yet. De Weerd: SO,now, is this a future transit -- public transit corridor? Canning: We haven't identified future public transit corridors. It was brought up that -- that Ustick may serve that purpose in the North Meridian Plan. It's not an officially adopted document. McMillan. I'm sorry. Not Ustick. De Weerd: McMillan. I guess ~- and that property just to the south of it is the middle school. Does the middle school -- is that going to take up that entire piece of property? Canning: My understanding is that it will. De Weerd: And so everyone in this subdivision, since there was no connection to the south, would have to drive out onto the arterial and then -~ because we know how that Meridian City Council September 28, 2004 Page 34 of 59 works. No one walks. If they can't connect their car, they would have to drive out of the subdivision, down to the school, off of -- Canning: To drive to the school, yes, you would. De Weerd: Okay, And there were two pathway connections, though, to the south; is that -~ Canning: Yes. One here and one there. De Weerd: So, if there was future transit on McMillan, they would have to cut through the middle school to walk to any future transit? Canning: If they were getting off near Meridian Road, yes. De Weerd: Okay. Any questions, Council? Sorry. Bird: I have none. De Weerd: Would the applicant like to come forward? I'm sorry I got wrapped up in my questions. If you will, please, state your name and address. McKay: Becky McKay, Engineering Solutions, 150 East Aikens, Suite B, Eagle. De Weerd: Thank you. McKay: I had to peek in just to make sure that was Mr. Nichols talking. I have never heard him talk that much before. Not at one stretch. I was pretty impressed. And I would just like to state for the record we are going to miss him desperately. A lot of city attorneys come and go in the different municipalities and the different counties and he is by far the most outstanding one that we have ever dealt with. He's very efficient at what he does and I think his guidance is invaluable and we are going to miss him, too. De Weerd: Thank you, Becky. McKay: You're welcome. I'm representing the applicant in this matter. This project is called Ventana. The applicant is G.L. Voigt Development. I'd like to basically start out and tell you how this began. This particular property, as Anna indicated, 64 acres, but it was part of a 104 parcel that was owned by Ken Ashenbrenner. I got a call here a few months ago, probably about six months ago, from Wendell Bigham and he was a little bit upset, because he stated that the school district could not obtain a middle school site and they required approximately 40 acres and he said he had approached multiple developers, but none of them were willing to take 40 acres out of a particular project and sell that to the school district and that he had approached many property owners, but none of them were willing to sell only 40 acres to the district when they had say like 104 acres. And he indicated that he had spoke with Mr. Ashenbrenner and Mr. Meridian City Council September 28, 2004 Page 35 of 59 Ashenbrenner had said he was not interested and Mr. Ashenbrenner had also told the developer of Saguaro that he was not interested in selling. So, I told Wendell ~- I said I will go talk to Mr. Ashenbrenner and see, you know, what we can do and he said, well, do you have any developers that would be interested in partnering up, so that we could possibly -- you know, they take 60, we take 40, and so Mr. Voigt came to mind, because he had previously worked with the school district on the Mountain View High School site up there by Resolution Park that we did a few years ago. So, I talked to Mr. Ashenbrenner and he agreed that he thought this would be a good idea, a multi -- or a middle school site on 40 acres and, then, 60 acres would be sold for a subdivision. So, I just wanted to bring up to the Council that it's a really good example of public and private partnerships working together to try to get the necessary infrastructure, such as schools, 0 ut in this north Meridian a rea. This p articu lar project is p art of you r North Slough Trunk. We have been working with your public works staff and Keller and Associates, who is your consultant, to design the sewer through the northern portion of this project. We have -- we have made it as easy as possible as far as a direct route for that sewer to extend eastward. Every time we take a bend, then, you guys have to put a manhole in, that costs money, and, then, you lose depth. So, we came up with an idea. We aligned with Paramount's half-mile entrance -- De Weerd: Becky, you'll have to -- McKay: We aligned with Paramount's half-mile entrance. I did explore the idea of coming in with a collector over to Saguaro and when they were in the process I did talk with their developers to see if they wanted to come in with a half mile collector and drain some of that traffic out via a collector and they told me that they were not interested. They also told me that Mr. Priddy, who lived here, did not want a collector along the southern boundary, even though there is a 25-foot strip. At that time we had stated that they could include that 24 feet strip as a collector roadway, but, obviously, they were not interested in that. The Council did approve that project and approved that 24-foot driveway. And, as you recall, I did testify that I hope you didn't want me to solve that driveway problem when I came through, because we were in the process of planning this site. We have connected to Saguaro. I have what we call a non-continuous collector. I have got one coming in here. The central focal point is the clubhouse pool. That's a restroom facility, lockers, and so forth, it has not been designed, but we have built them out at Sundance Subdivision. So, that's, obviously, our focal point with heavy landscaping on the collector. We have got a network of pathways that will come through and line up with the multi-use pathway. Your Comp Plan designates an multi- use pathway coming in from the east. We are connecting that and we run ten feet here, a six foot sidewalk here, then, we will have pedestrian crossings, a ten foot pathway here, six foot sidewalk, ten foot, and, then, a ten foot pathway leading directly out to Paramount and, therefore, making that multi-use pathway connection to the west in Paramount and to the east in Saguaro. We have some linear parks in here with pathways, playground equipment. We are willing to work with staff as far as what they ~ - where they think the best place to locate the playground equipment, whether it be in this open space here or this open space, we've tried to provide open space in different regions at the mid section and, then, here in the south and here in the northern portion. Meridian City Council September 28, 2004 Page 36 of 59 We have got the North Slough that comes through this site like, it splits off, goes north and, then, there is a branch going westward. We will be required to pipe that and provide an easement through that common area and, then, that pathway will run alongside that pipe. We also have landscaping along the perimeter here at Meridian Road. We will be providing the necessary right of way to expand Meridian Road. The highway district is asking us to do a center turn lane and a decal lane, right turn lane. As Anna indicated, we have got about 64 acres here. We have 233 build-able lots. We dropped one lot along the northern portion against Mr. Priddy. One of the concerns the Planning and Zoning Commission had was we had some 6,300 square foot lots along that perimeter. Those were some of our smaller lots. They asked us to remove one of those lots, move this stub down further east, centering it more within the five acres for future redevelopment of the Boyack five acres and, then, take that area from the lot we removed and add to these lots. So, we have like two 6,380 square foot lots. Now, these are like 8,800 -- two 8,800 and, then, 10,000, I think it's 17,000 and a 10,000. So, we reduced the number of lots that adjoin that northern boundary. As far as open space, we have 7.47 acres of open space. There is approximately 8.17 percent. The ranges of homes in here will be about 145 all the way up to 210 thousand dollars. Square footages will be from 1,301 up to 2,700 square feet. It will be consistent with the subdivision, S undance Subdivision that M r. V oigt and we a Iso have S undance Place Subdivision that we are just getting ready to bring on line. We provided not only the pool, playground equipment, but the multi-use pathway, plus an addition to that, the eight percent. We feel that this project, with a density of 3.6 dwelling units per acre, is on that low range, it is designated medium density residential out in this area, which is three to eight dwelling units per acre. So, we are on that lower end. I did speak with Wendell Bigham. We have been coordinating with Wendell as far as what he wanted for interconnectivity. Mayor de Weerd asked about vehicle connection. Meridian School District does not allow us to bring a public street to their perimeter. They said pedestrian pathways only. So, what I did here is I provided two pedestrian pathways and, then, interlinked t hat with our sidewalk networks here to bring those kids down here. Now, I have had subdivisions, I did the Legend's subdivision, which wraps around Lowell Scott. We made the mistake in that one, we did not put a pedestrian path and we went back and retrofitted it on the last phase and we only had one path. Here we have two paths. As far as what persons do, they typically come and they will park along the street waiting for the kids to come up through the ped path. That's what they do at the Legends. They drop down from the subdivision to the north, through Legends, interconnectivity and, then, they wait for their kids, pick them up at the ped path to try to avoid the arterials and the congestion of the buses. Fencing. Wendell Bigham stated as far as the fencing on the south boundary, he does not want any cedar board fence, because the kids -- especially the middle school kids are strong enough to kick the boards out. So, he said that he's open to vinyl or he said wrought iron or their preference that the district puts it in is chain link, but typically from a development perspective that's what we'd like. We are trying vinyl for the first time at Bridgetower around the elementary site at t he developer's expense a nd Wendell said t hey would accept that, see how it worked, if the kids are too rough on it, they put chain link on the inside of it. So, that's our test case that's coming up. But, yes, I guess the Council does -- the Council does need to add a -- like no cedar board fencing along the south Meridian City Council September 28, 2004 Page 37 of 59 boundary. T he other issue Wendell wanted me to bring up was they do want us to coordinate with them on getting sewer to the middle school through this project. Wendell does not want to have to go down and cut Meridian Road around and have an expensive sewer extension down to this middle school. As far as timing for the middle school, he told me yesterday that it will be in September 2005 and the bound issue, if they plan on starting construction in the spring, summer of 2006 and how they believe they will need this school by 2,007. So, that's what we ask to pass on to the Council. Like I said, we will be coordinating with him on sewer and any water connections that he is going to need. We may have to -- if we do pop sewer down through these pedestrian paths, which your staff has allowed, we just expand t he pathway width, sot hat they could get a vehicle there. They don't make us do that if we get the manhole back in the street. But we will probably have to widen the pathway out to have an adequate sewer easement. So, we will work with your staff and we feel that this -- this is a good project, we have gotten lot sizes, varying widths. Our sizes go down to 58 feet is the minimum with and we alternate those, 26, 64, 60, so that we get a deviation in different type of homes. It's been real successful and Mr. Voigt's projects have always been top notch and he's done a lot of projects in Boise and in Meridian and I have had the pleasure of working with him in his development team for over ten years now and they are one of my favorities and they don't spare any expense and they want to do what's right and they always make sure that they have a quality project. Do you have any questions? De Weerd: Council, questions? Wardle: Madam Mayor? Wardle: Becky, I have a question. You mentioned the development, which included Mountain View High School. And I heard you mention the district's policy on residential street connections or public street connections and so I heard the policy. From a planning perspective, do you feel that the traffic solutions at Mountain View, which you have mentioned, would be similar to this development and do you think that that -- regardless of policy, is good planning? McKay: Madam Mayor, Councilman Wardle, I don't think you can compare the high school to a middle school, because the high schools are a whole different animal. They generate peak hour traffic. My traffic engineer worse -- it's worse than like the mall at Christmas as far as the peak -- you know, the spike in traffic when they have their peak hours. So, you know, junior high kids don't drive, but a lot of the parents do drop off and do pick up. So, that's one thing. The district has told us in the past, Councilman Wardle, it's a safety issue. They need to be able to control the ingress and egress to a school site, especially middle schools and grade schools sites, and that's why they have always been reluctant in the past to allow us to connect a public street and, then, the other thing I think is it's -- it would hamper their site planning, because, then, they'd, you know, have to run say up through playgrounds or ball fields or whatever. If we just had ped paths coming in they can connect fields with little pathways a nd so fourth along perimeters. So, you know, I don't know if it's the perfect solution, but I don't have a better solution and it wlll -- they are the experts and so I wouldn't want to compromise Meridian City Council September 28, 2004 Page 38 of 59 the safety of their site. I don't know, maybe the police chief can elaborate on that and how they feel about it. De Weerd: Anna, do you have any comments? Canning: Madam Mayor, Members of the Council, I'm just curious why this policy -- we didn't see it in the Bridgetower elementary school. We do see a road in the parking drop-off area to the south of t hat one, which, really, 0 pened up the accessibility into those play yards from the adjoining properties. So, I'm not sure this -- De Weerd: Well -- and we have that in Ponderosa, too. They have on the south side of there they do have a drive in area that you can -- they have a little bit of a turn around area that you can drop off and come out, so -- and we have been advocating additional visibility size and as well as vehicle access to it as well. So, chief, did you have anything additionally? Musser: Madam Mayor, Members of the Council, without knowing exactly how the school is going to be sitting up at this point, it's a little hard to address it specifically. I did mention it to the fire chief as well, though. But, typically, what we run into is we have an approach area, which encompasses Meridian and McMillan at this point, but sometimes i t's nice to be able to have a secondary access point into these types of settings through a residential area, because we can have an impact to our major arterials, which keeps us from getting into where we need to be inside of a major school. Middle schools are not the same as high schools, but predominately with some of the violence that we have seen nationwide on it, they have a greater propensity than the high school does for school violence to take place and it's something we have to be cognizant of. The big ones we have heard about have occurred in a couple of high schools, but the majority of the school violence situations we have had have occurred in middle schools. So, we like to be able to have our approaches so that we can, at least anticipate and be able to move into those areas if need be. I would be curious on the one access that does have easement on it, it might provide us with a secondary access into that area if we needed it, if it's wide enough. The main thing would be is whether or not it would support fire, though. De Weerd: Thank you, chief. McKay: Madam Mayor, if I could just address the Bridgetower -- the issue of the drop off. In that instance it was our idea -- well, it was basically my idea to do the parent drop off and the developer is building that at his expense, but on district property. The reason being is it backed up to a collector. Ada County Highway District doesn't allow any parking along a collector and I knew exactly what was going to happen, the parents were going to park along that collector and the kids were going to walk south and they'd pick them up and, then, drive into the subdivision. So, in order to make it function properly from my perspective, I strongly recommended the drop off and, then, we got WGI to design it and I think it's going -- it's going to be an excellent way for that system to work with the collector. Here we are talking local streets, so people could pull up and Meridian City Council September 28, 2004 Page 39 of 59 park along there. I don't have any problem making that wide enough if they needed a secondary access. I just don't -- I just don't want to do anything that would, I guess, upset the school district. If the Council thinks a stub street is appropriate, I'm not going to squawk, but I don't -- I don't know if we are going to get cooperation from the school district. I kind of envision that site looking kind of like Lowell Scott Middle School, you know, where you have got the facility kind of down by the arterials, unlike Lowell Scott they'd have both access 0 n Meridian Road and McMillan and, then, t he fields in the back. That's kind of how I envision it. And, then, just like that one it's ringed with residential. Bird: Madam Mayor? McKay: I don't know, maybe -- maybe the Council should talk to the school district about, you know, what the plans are. The information I got from Wendell is they don't have any at this time. Otherwise, I would have brought one to s how you how their circulation would work. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Uh-huh. Mr. Bird. Bird: On a middle school -- and I would be hard pressed to remember. I think the new one -- Sawtooth is the only one that I can think of that has two entries and it's all off of Linder. This is a corner one, I think it's probably going to be designed a lot like Lowell Scott and I think you will see the same as Sawtooth, the football fields are backed up against the deal. Now, Sawtooth with their deal, three weeks ago had the occasion to have emergency fire and ambulance out there, had no problems with entrance getting to the fields and anything else. So, I, for one, would not want to see a stub street from a subdivision into a school property myself. I think the walkways are great. De Weerd: Okay. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Mrs. McKay, maybe you would address the issues that Mr. Priddy raised about the north boundary a little bit and just what your thoughts are, since that was brought up in Planning and Zoning. And the other question I have is I noticed on the other drawing that was up on the overhead that it appears that at least most of those open space are drainage lots as well, there is drainage in the top northern part of that linear park, there is drainage, it appears, in the entire triangular piece towards the front, and there is drainage in the 0 ther one and it appears to be pretty much ringed by houses. That linear park in the northern piece is -- it looks to be about the width of a lot across the Meridian City Council September 28, 2004 Page 40 of 59 front and, then, all the green space is, essentially, behind the homes and it's about the same with the other piece, it's got the width of about a lot to access it and, then, the rest of it all behind it and I guess I -- we have seen a lot of these. I don't see how practical they are as real green space. I recognize you had eight percent -- or a little over eight percent of green space, but it doesn't appear to be very practical use of green space for usable open space when all of it seems to be ringed by that and the only really open visible lot is the center one, which is going to have your pool and the clubhouse on it, so I don't know how much green space is left once you're done with that, but maybe you could comment on those and why those are amenities, because I guess I don't look at just playground equipment as amenities, I think the green space has to be functional as an amenity as well. So, maybe you could comment on those two things. McKay: Madam Mayor, Councilman Nary, that's a good idea. On these preliminary plats when we lay these out we don't design the storm drainage. We provide open space and I always have a technician put a little designation showing that there is the potential for storm drainage to be in that open space area, because I never want the Councilor the staff to think that it was solely just for recreational purposes. This particular property does not have groundwater problems. Therefore, that allows us to have more subsurface retainage. Also, on most of the plats that we are doing right now we a re losing lots when we go into 0 u r design for storm drainage purposes a nd the main reason is just exactly what you talked about, the landscape ordinance -- this -- we, obviously, need this to meet the requirements of the landscape ordinance, the five percent. However, if it is not considered usable and it's just a big depressed hole, then, it doesn't count. So, we have to do everything we can to make sure that the depression is minimal. A lot of them that we are doing now we go to great efforts to make sure that it's just barely depressed and we will take out lots, such as that lot or that lot, to even make the area larger, so that we don't have as much of a depressed area and spread that drainage out. With Settlers Irrigation District not allowing us to discharge our drain -- our predevelopment drainage, as does Nampa-Meridian, it's an issue and it's an issue when we have groundwater. But, like I said, this particular project does not. I want to assure you that whatever we design here will definitely be usable and your staff -- we submit landscape plans, it shows the contours, so they know exactly how much slope we have got. If they feel that that is -- is not appropriate, boy, let us know. They scrutinize those landscape plans very very well. Weare going to be constructing a swimming pool, restrooms, lockers, the playground equipment. I thought it would be a nice touch like down here in this area here ~- one reason we went to this -- this linear park, we -- I've had some projects in the past that we did the linear parks and I always like trying to center something, the focal point, the center of the community here, but we are finding that people are willing to pay a premium if they are on green space, if they don't have a neighbor. So, a lot of the developers are asking us to try to incorporate what we call these linear parks, so that these lots all are on open space, the same with here and here and along this area. You're correct that's probably -- that's probably about 90 feet wide there, 80 to 90 feet wide and, then, it kind of opens up here. This is what I call the bat, because I think it looks like a bat, and we have created a pretty large -- that's a pretty large area and I can give you the square footage, you know, on little drawings. This one is 62,000 square feet and this is 59,000 square feet. So, they are a Meridian City Council September 28, 2004 Page 41 of 59 lot bigger than they look and they are an amenity in themselves and with the pathway network coming down through the school, they are usable. The grade school is going to be at Paramount, so I kind of envision the kids coming up and using this pathway and, then, the multi-use pathway for the kids that are big enough to walk to the elementary in Paramount. That's until an elementary, obviously, is built in that section. Does that answer your question, sir? As far as Mr. Priddy, if you read the minutes from the Planning and Zoning Commission, one of the arguments that -- that I had was the fact that we do not abut Mr. Priddy's property. There is 24 feet between his property and the subject property here. As you can see, there is an existing driveway going back to the Boyack property and, then, there is a waterway. Mr. Priddy's home, as he indicated for the record, is in the middle of approximately 18 to 20 acres. His home, from our northern boundary, is approximately 450 feet from our boundary. And so as I told the Planning and Zoning Commission, he has a pole fence, as you can see. I took these pictures today. He's got a double electric wire at the bottom of that pole fence. He is correct, he's got Hereford cattle out there. I saw two bulls. There is some horses. He switched the animals to the northerly pasture and I'm sure he switches them back and forth. So, it is kind of like a little gentleman's farm, a very nice piece of property. But I guess the problem I have is I don't abut his property and J also have this lateral to contend with that is under the jurisdiction of Settlers Irrigation District and there is an easement associated with that and that lateral is one of those ones that's kind of moving along the boundary and so I -- on our topographic map it shows it kind of -- the easement's part on our side and it's kind of running on our perimeter, it's one of those ones that we have got to figure out exactly whose property is that on and have them stake that for me, so I can see it in the field. But to place a concrete stamped wall for 1070 feet is 64,000 dollars. And I got that price from Farwest Development. It's 60 dollars a linear foot, because they did abut Mr. Priddy's property. To fence it with any other material, depending on the type of material, it would be between 6,700 dollars to 10,000 dollars, depending on what type of material, whether you used like wrought iron, cedar board, vinyl, whatever, so -- I mean there is a big difference and I guess like I told the Planning and Zoning Commission, if I abutted Mr. Priddy, that would be one thing, but I do not. And so I did not feel that that was fair and equitable. Thank you. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: Becky, while we are talking about fencing types, I had a question. You mentioned you envisioned that the middle school kids and the elementary school kids utilizing these pathway areas. What are -- what are the fencing requirements for the homes which abut those areas? McKay: Councilman de Weerd -- I mean Mayor de Weerd, Councilman Wardle. I'm sorry. I can't get over that. Your police chief stated that he wanted, obviously, maximum visibility. I think he told Sheri no more than four~foot sight obscuring fence. The last project I did with the linear parks in this fashion was the Legends. In that particular subdivision we went with like a wrought iron and now they have like that vinyl Meridian City Council September 28, 2004 Page 42 of 59 that mimics wrought iron, so it's non -- it's not sight obscuring and that particular one I believe the city council at Boise city mandated that we have open vision fencing, because we had a lot of linear paths through that development. And that -- f rom a planning perspective that's my preference, because, then, you have people -- you just have a lot more visibility, people can see out their back windows into the park and they can see what's going on out there from their rear yards and some developers say, well, people like to have their privacy, but in my opinion if you -- if you want privacy, you buy a lot over here, if you want openness, then, you buy a lot on the linear park. De Weerd: Any other questions, Council? Bird: I have none, Mayor. De Weerd: Okay. Thank you, Becky. Mr. Priddy. If you will, please, state your name and address. Priddy: John Priddy, 5740 North Meridian Road. De Weerd: Thank you. Priddy: Madam Mayor, Members of the Council, good evening. Talking about my property again on 5740 North Meridian Road. Here is just a quick story. It appears to me that you're going forward with the higher density philosophy in north Meridian. At the Planning and Zoning meeting things are moving very very quickly and so when I raised t he north Meridian p lan, that seems to be very much off t he table and so my philosophy was -- I'm a good member of the community, if this is what the community wants to do, you know, so be it and I will just have to live with it. I asked for three things in this development, which were commensurate with what happened in Saguaro Canyon behind my home, which was a cement fence, a stone fence, for the purposes of safety. I'm just a little nervous, livestock does get out, that's a lot of people that you're building around my property, not -- I mean in anyone direction, YQU know, in all directions and I'm a little concerned, because it is an agricultural piece of property, but there is a dirt road in between the two properties, so the bull will have a running start apparently through one fence and into the other. So, I think from a safety standpoint it's a great concern to me and I hope for you from a liability standpoint. I also ask for a 25- foot height restriction and Mrs. McKay's comment at that meeting was that there wasn't really anything restricting my view, there was nothing to look at. And, of course, the Owyhee's are pretty special and you can see them. And I don't understand the concept of a view from my home only. That's why I have 20 acres. Your view is from all aspects of your property. It's not to sit on your front porch and have a view, it's to have a view from your property. But having said all those things, I still would like to ask for those and I'm very much against the development, but, you know, I'm a good member of the community, I own several businesses, I employ many hundreds of people, I own a lot of property, and I keep a pretty stealthy attitude. I don't like to be out there in front, but I'm concerned when I came to the Planning and Zoning meeting, that was 11 :00 o'clock at night, I was the last one up, and as we dialogued -- it was more of a dialogue than it is a Meridian City Council September 28, 2004 Page 43 of 59 testimony. One of the Commissioners said to me, well, there is nothing that we could build next to you that would make you happy. And I say, well, that's just simply not true. And I thought that was a comment that was just really out of line and I said, well, there is a lot of things that you could build next to me that would make me happy. I said where is the transition from a multimillion-dollar estate property to a 140,000-dollar on the low-end residential community? And he said your south -- your pasture is the transition. And I said, you know -- and that's -- by the way, we tape record these conversations, thankfully. And I thought that was inappropriate comment number two. And I said there are numerous developments that would be good transition adjacent to my property that could be made as examples. Another Commissioner said, for example, where would those be? And I said, well, I could take you to many of them. He said, well, for example, where? And I said, well, Eagle has some. And he sternly wagged his finger at me and said we are in Meridian. Now, I'm not the brightest guy around, but, you know, obviously, if I had the wherewithal to employ hundreds of people and own these kinds of properties, to be a philanthropist and be a good, upstanding community member, I know which community I live in. I'm pretty clear on that one fact. I have had numerous meetings with the Planning -- with staff. There is tremendous -- there is tremendous omission in communication. Mrs. McKay talked about the private- public partnerships. Well, my family built the parks, along with the city of Boise, at Eagle Road and McMillan, the Charles McDivett Complex and we know all too well how that works. My youngest brother is in the midst of developing downtown Eagle, a community center for children. We all know all too well what public-private partnerships look like. Nobody's ever contacted me and talked about what shall we do with these beautiful pieces of property. I mean, basically, 6,000 square foot lots and several hundred homes the way you're going, so where is the partnership? Where is the discussion? How it works -- and maybe this is law, maybe this is ordinance, that people buy property, then, they come to the Planning and Zoning meeting, they get it zoned and that's how things get built. But to your question, is that good planning? Why don't we just have a conversation. If I have to leave my property or move on or help to develop that in such a way that it fits with the community, that's -- so be it. But I shouldn't have to sit before Planning and Zoning and be patronized. I really shouldn't. I shouldn't have to be told nothing would make me happy, because the record is very clear that that's not true and I shouldn't be told what city my property is in, because I'm well aware of it. And now I'm getting a little cranky. Now I'm getting a little cranky. I'd like to know why in numerous conversations with staff nobody really talks about what's happening. I see these plans here, I have read the north Meridian plan, but now we are going to shrink lot sizes down to 6,000 square feet. What plan is that in? How would I have known that? I wouldn't have known it unless I come to these meetings and take a defensive strategy to understand. There is offensive communication taking place from you to me, from staff to me, as a 20~acre property owner, and my telephone number for my office is 955-7602. Somebody -- anybody is welcome to give me a call and I would be happy to talk to you about the future of 20 prime acres with gorgeous trees, probably a million dollars of outbuildings on the property, and I think the property values are going to be significantly diminished by this type of a subdivision, but that's -- I guess that's the way it's going to be. Red light. Thank you for your time. Meridian City Council September 28, 2004 Page 44 of 59 De Weerd: Council, do you have questions for Mr. Priddy? Bird: I don't. De Weerd: I would like to apologize for any treatment you felt you had at Planning and Zoning and certainly everyone's voice is important and if you got the impression otherwise, I apologize. Priddy: Well, Mayor de Weerd, you might -- I know you're busy, but the tapes -- I mean I thank you for your apology, but I'm a business man, I have thick skin, but the way these things are being handled is very disconcerting to me and I'm a supporter of yours and I think you have done a fantastic job, but I think that has to be ~~ I guess my question is where is the communication? That's my real question. How do we properly develop our community if private property owners aren't being talked to and with? So, that's my express concern. I thank you for your apology, it's not necessary, but thank you and appreciate your time this evening. De Weerd: Thank you. Priddy: Other questions? Okay. Thank you. Best of luck to you, by the way. Nary: Thank you. De Weerd: Do you have anything you would like to add? McKay: I will be quick. Madam Mayor, Members of the Council, transitioning is always a difficult thing anytime we are up against five acre, one acre, two acre, 20-acre parcels. I think in defense of the Planning and Zoning Commission, as you well know the lateness of the hour makes people a little short and I think that what they were trying to state was -- Mr. Priddy indicated his home is 7,000 square feet, that he has a million dollar home or something to that effect and I think what the Planning and Zoning Commission was trying to say is if you want us to give you something that's identical to what you have, we can't, because that's not the Comprehensive Plan. The Comprehensive Plan has these designations for a reason and so, you know, I think that's where we were coming from. We have to be careful in our community to provide homes for different types of families and different economic groups and, for example, the other night at the Eagle City Council meeting when they were discussing revamping some of their Comprehensive Plan designations, some of residents got up and said anything less than one home per two acres is high density and we shouldn't have it in Eagle and if you want our opinion, we don't want anymore card carrying Wal-Mart shoppers in this community and that is, from a planning perspective, the most horrible thing I think I have ever heard said at a city council meeting. And so -- I mean we are providing communities, neighborhoods, for different types of people. This is a good community. We have done the same type of community. Some of your staff lives in Sundance Subdivision. Steve Siddoway. And he loves it and he lives across from the park and the pool and I asked him are you pleased and he said, yes, I love this Meridian City Council September 28,2004 Page 45 of 59 community. I mean so we are doing it right and this is good planning. Two acre lots, one acre lots, five acre lots, that is the worst thing we can do in this community and that's urban sprawl and that is it at its worst and this area is changing, with Paramount Subdivision to the west, with the R-40, the L-O, the elementary, we have got Saguaro wrapping all the way a round us -- weare seeing a change in character. I'm almost done. We are seeing a change in character and I do sympathize with Mr. Priddy, because when -- the character does change. He has 20 acres, he's right in the middle, he can buffer himself. It is a beautiful piece of property. And I hear a lot of people say I'm going to live there forever and I'm never going to develop and, gosh, darn it, they are the same person that a year later decides they want to move further out or go somewhere else or take the money and run. So, times change and things change and I'd like your support on this project, because I think it's a good project and we are doing everything I think right and we are on the low density end and this is the pathway for the North Sewer Trunk and we are trying everything we can to facilitate, to make sure that that goes through us in the most cost effective fashion. Thank you. De Weerd: Thank you. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Mrs. McKay, I think some -- I guess I had a comment and, then, a question, but sometimes the reason I think some -- like you said, sometimes people say I'm going to live here until I die and, then, a year or two goes by and they want to develop their property, is sometimes because I think what Mr. Priddy is saying is, you know, the whole world lives next to them and they didn't want the whole world living next door like that and so that's why they move, not because of them just wanting to develop their property, that they didn't necessarily want the level of density that's next to them like that. But I guess I'd like you to comment on -~ my recollection from your earlier testimony was when you talked about the variety of lot sizes, the variety sounded like it went from 58 -- 5,800 I think -- McKay No. No, sir. Nary: It was -- the numbers didn't seem to be significantly different. So, maybe you could tell me again what's the variety of housing and lot sizes that you have? McKay: The smallest width is 58 feet and, then, they range all the way up 60, 62, 64, 66, 70s, 80s, they range -- there is a different range and we alternate them -- there was a time, sir, when we would isolate different size lots and now we are moving more toward integrating different types of housing all on the same street and so we are providing different size lots, obviously, different prices. The smaller the lot, the lessor the price and probably the smaller the home. But the range of the homes would be from 1,301 all the way up to -- we have them in Sundance as large as 2,700 square feet. They are single story, they are two story. Square footage wise I think our smallest lot is Meridian City Council September 28, 2004 Page 46 of 59 6,200 something -- Anna may correct me. Like 6,280 and, then, they range all the way up to 17,000. Canning: We have the range from 6,000 to 14,575, but that would have been prior to your redesign. McKay: So, we do have a variety of lot sizes, so that the homes look different. If we make t hem all the same, sir, then, t hey a [I s tart looking the same and that gives us variety. Nary: Well -- and I wasn't asking if they were -- I didn't want them to be all the same. McKay: Okay. Nary: I just wanted to understand the level of difference, because I think what Mr. Priddy was saying is that -- is when he was asking for some better transition to his property, I think what the Planning and Zoning Commissioners didn't really get was that he's saying at least in his perspective there is not much attempt to have transition and what they are saying is since it doesn't appear that we could do it anyway, then, we don't need to. And I don't think that's really the right approach. When I look at the minutes that is what I think Commissioners Rohm and Borup said, is that we couldn't make you happy anyway, so it doesn't really matter that we didn't. And I don't think that's right. I think there is at least -- I guess I think we have seen a number of developments and we have stressed over and over again -- in fact, one that we heard last week that we had sent back for redesign was for exactly that point of trying to provide varieties 0 f different 0 nes from multi-family, even, like Paramount across the street, to larger lot homes, acre lots and the like. Now, if I'm correct, that larger piece of Saguaro Canyon would be on the northeast portion of this property; isn't that right? McKay: Right here. Nary: It's about that -- McKay: Yeah. Nary: That area right there. McKay: Saguaro will come up along the middle school, up our east boundary and, then, across and up like that. It was kind of an L shape. Nary: So, apparently, that larger piece of Saguaro Canyon was that five-acre parcel that we -- McKay: That was right there. Nary: That we kind of grudging allowed. Meridian City Council September 28. 2004 Page 47 of 59 McKay: And that's the one the Boyacks were going to build their house on and they wanted to utilize that 24 foot driveway for access to that until such time as they were provided public -- alternative public street access. Nary: Right. But my point is is that all those larger -- I mean although it appears somewhat larger on your plan of those properties along the north, they aren't really significantly larger in comparison to the rest of the property, so if there is an attempt to transition, I don't see it. McKay: Well, I guess -- Councilman de Weerd -- I mean Mayor de Weerd, Councilman Nary -- I'm having trouble tonight. Nary: Is it still on the front here? Okay. McKay: When we brought this collector in, we have got a minimum of 20 feet and, as you can see, this keeps widening out to about 40 to 45 feet. So, we have got landscape along this stretch. You can see Mr. Priddy's eastern boundary -- or Priddy's eastern boundary is right there. So, for probably 45 percent of the distance we have landscaping and we have provided a stub street, which the staff asked us for i n the event they ever do decide to redevelop and, then, we took six lots here and made them into five right there and made these all larger. So, the Planning and Zoning Commission, that -- I think that was one of their thoughts in trying to make the lots a little bigger along Mr. Priddy's property, to get that transitioning, because their complaint was we had two lots here that were 6,380 square feet, I believe. And they said, you know, those are some of your smaller lots and they are against Mr. Priddy. Could you take one out and, then, make all of those bigger and that's what we did. So, I think, you know, they were -- I think they were looking for a solution. Now, you know, if the Council thinks that we need to take one more out to make them even a little bit bigger, that's possible. Nary: Thank you. De Weerd: Becky, I guess now that you have pointed some of that out, those two lots that are looking directly into that entrance coming into the subdivision -- I'm trying to figure out how on earth they are going to get out of their parking -- or their driveways. McKay: This one here? De Weerd: Yeah. McKay: That one I think I'm going to probably have to eliminate due to the Settlers easement that they want, because the easement takes up too much area. So, what I anticipate, Mayor de Weerd is that this wi[l just be one lot here. Meridian City Council September 28, 2004 Page 48 of 59 De Weerd: They are still going to have a time coming in and out of there. I guess just to elaborate a little bit more on what Councilman Nary said is I believe that there should be better transitioning and I also believe that Meridian doesn't have one acre lots and there is no reason why we don't, you know, and there is no reason why we shouldn't have them existing somewhere in north Meridian and I know staff has heard me get on this soap box again, but we do -- I think it's unfair to assume that everyone who has a huge investment in that area is going to redevelop their property. You know, we kind of hope that we retain some of that character somewhere and a[low some areas to redevelop, so that you can have a better transition and I do think that we have a lot of this product in our community. We do. And so I guess I would just take you to issue on those comments. You know, we do have this product throughout our entire community and so it is nice to see areas that try a better transition and appreciate what surrounds it. McKay: Mayor de Weerd, if I could make a statement. I think your comments haven't fell on deaf ears, because I think I mentioned at the Planning and Zoning Commission the 20 acres to the north of Mr. Priddy's property, we were approached by a particular developer that was looking at that and it has a 600,000, 6,000 square foot house right smack in the middle. Beautiful home. And my recommendation to them was to come in with like 18,000 square foot lots, you know, a[l the way around it and it had a tennis court that they could incorporate on a common lot and I said, you know, that would be nice. And the same people had, I guess, spoke with staff and had been discouraged on doing something with 18,000 square foot lots and I told them that I believe the Council would like -- you know, wants to see some variety and I think it would be a great idea. And I thought that that would be the way Mr. Priddy's property could redevelop in the future if he ever so chooses to. The same fashion. And, then, it would be surrounded by very high end product. De Weerd: Council, anything further? Thank you. McKay: Thank you. Priddy: Am I permitted another comment? De Weerd: Council? She still gets the last word. Priddy: Oh, that's fine. And she will outside anyways, I'm sure. I guess because we are on the record, I want to -- you know, these are the kind of comments -- there was a comment that was made by Mrs. McKay that's so disturbing to me, that would insinuate because I am a successful business person and own a 20 acre executive home that somehow that I would have a, you know, haughty or inappropriate approach to multiple and very different types of housing for all manner of people. I'm not going to parade my record around up here, I just want to say that if you want to check into my record, I have provided a lot of housing for underdeveloped communities and people, many many scholarships and I just want to be careful that I don't get -- that my character does not get under the same loop as the person who made the comment about Wal-Mart card Meridian City Council September 28, 2004 Page 49 of 59 carrying shoppers, because that was attached to me, either inadvertently or directly, and I just wanted to say that I just wish the record would show that I don't appreciate that and I don't know that it was intended for me personally, but it was linked to this whole conversation and it's just, once again, 955-7602, just give me a call. De Weerd: I don't think anyone took that to you personally. So, I appreciate that clarification, though. Anything further, Becky? McKay: Yeah. Just for the record, it wasn't meant for Mr. Priddy, it was just an example of how things can get out of hand at times and that always scares me. So, I always want people to think the broader picture and Eagle is a community that -- it has a lot of beauty, but aspects I don't like and I don't ever -- I don't want that to happen and I know Mr. Priddy is not that type of person. So, I just want the Council to realize that, you know, we have to provide different types of homes and the value of lots just keeps escalating and we are driving people -- they say we are driving people westward. They are telling us now that 6,000 square foot lots are being priced at 48,000 dollars, 7,000 square foot lots are going for 62, 8,000 square foot lots are going for 70,000 dollars for just the lot. And so as these prices escalate, we -- we are having to lay a juggling game to try to provide a ffordable housing and different lot sizes for different families and I think that's important and that's always a good planning goal. And I think that's -- I don't want to do the same product. I try to deviate. This is -- you know, I don't bring forth very very dense projects, I try to bring forth projects I think that are going to benefit and I'm pretty particular about what projects we have and I have never came before this Council with something I wasn't proud of. Thank you. De Weerd: Thank you, Becky. Okay. Council? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess I just had a comment before we close the Public Hearing. ] don't think anybody in developing a residential subdivision is trying to attack anybody's character. Mr. Priddy's, Mrs. McKay's, or anybody. I don't think -- I don't think that's anyone's intent. I think we are looking at the design, the density, the configuration, and that's really what we are talking about. I think in this particular design -- I agree with Mrs. McKay, she has brought many wonderful projects before this Council and there is a lot of pluses to this project, but I don't think there is tremendous transition. W hen you make lots ten feet bigger than the other lots, that's not transition. I think you have open space in this lot that is nice, but, again, not very well thought out and it's very similar to other ones that we have required redesign, because it doesn't really fit and blend character into the particular area. Along Mr. Priddy's lot along the northern boundary of his property I think more care and more work could be done to create better transition and have larger lots. They could have density that's higher than this and it wouldn't be that big a concern to me, I just think the density needs to be concentrated more in the southern portion of this property, more towards the school, that's where the higher Meridian City Council September 28, 2004 Page 50 of 59 density across the Meridian Road is located for, essentially, the same purposes. So, I don't think it's the density here, I think it's the design. I'm sorry, but these linear lots that are hidden by houses and have very narrow openings don't invite the community to participate in them, they invite the people who border them to use them. I think the areas along these larger properties cannot be assumed to just be redevelop-able property in the n ear future and, therefore, we should probably spend more c are and design in creating better transitions along them, than this one particularly has. I guess my feeling is is what I'm inclined to recommend after everybody else's input, what I would be inclined to do is remand this back to Planning and Zoning, not so that they can make those types of comments again, so they can really evaluate the transition and come up with something better and more concrete than simply saying we don't seem like we can meet anybody's needs here, so we are not going to. I think there is a way to make this better by some redesign and I think in our -- the past -- the recent history when we have done that, we have been more satisfied with the results. We have had developers come back and say, you know, when we ran this back through, again, we found we could do this better, we could make the green space more usable, we could make it m ore accessible, we could provide better transition and meet the neighbors' concerns. You know, Mr. Priddy raises a legitimate concern and if he was ten people instead of one, we would say to sit down and see if we can iron these out. Just because it's one person and not ten, doesn't mean we shouldn't do the same thing. So, my feeling is there is some great points here, but it could be done better and I think it could be redesigned a little bit better to have better transition and to have better open space that would be more usable, so -- De Weerd: Council, any other comments? Rountree: Not after that. De Weerd: Okay. We do have an open Public Hearing. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess if there is no other comments, I guess I'd move to close the Public Hearing on Items 14, 15, and 16. De Weerd: Do I have a second? Rountree: Second. De Weerd: Okay. It's been moved and seconded to close the public hearings on Items 14, 15, and 16. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian City Council September 28, 2004 Page 51 of 59 De Weerd: Council? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess l'lf see where this goes. I would move to remand Items 14, 15 and 16 back to the Planning and Zoning Commission consistent with the comments on the record tonight in regards to the transition between this property and the neighboring property to the north to provide greater transition and lesser density, larger lots along the northern boundary area and to also review the open space that's being provided to be -- to provide better access, more open vision to it and not have it completely surrounded by homes. And I think those are the only issues of concern. I think the other ones regarding access to the school and the like, I think the developer has provided adequate information on that. So, just those two points. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Nary, would that include that the -- the east side that backs up to Saguaro, which is an R-4? Nary: Yes. Yes. And the east side and -- Bird: North and east? Nary: Yes. North and east. De Weerd: Do I have a second? Rountree: Second. De Weerd: Okay. It's been moved and seconded to remand these Items 14,15 and 16 back to Planning and Zoning. Mr. Wardle. Wardle: Madam Mayor -- and I'm going to agree with Mr. Nary that I think there is some good points about this subdivision, I think it needs just a little bit of work. One comment I'm going to make is -- and I disagree with the Mayor about one acre lots and so 11m not necessarily crazy about one acre lots, but I'm not opposed to -- and maybe for the staff I'm not opposed to say 18,000 square foot lots that Mrs. McKay has mentioned, so just to get that out. Secondly, I certainly think that we need to address the public safety issue as far as access to the school site. Mrs. McKay has addressed that and certainly involved the park staff in the process with that halfway if that's so -- would be what it would be. And, then, I would also like the topic of open vision fencing addressed within the open areas. Meridian City Council September 28, 2004 Page 52 of 59 Nary: And I would concur with that to be included as part of the motion. Rountree: Second agrees. De Weerd: Okay. Anna, I guess one other thing is if staff could show how the pathway from Saguaro would connect up to whatever is done in this would be helpful as well. So, any further discussion, Council? Mr. Clerk. Rolf-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Canning: Madam Mayor? De Weerd: Yes. Canning: What do we have to do? Are there findings for a remand? I just -- I don't know. Do we do findings or does it just get remanded? De Weerd: Mr. Nichols. Nary: I'll bet he's not going to do them. Canning: I know. Because if they need to be done, I need to do them. I know that much, and I'm trying to find out what I need to do. Nichols: Madam Mayor, Members of the Council, I think in the past we have prepared an order of remand where it just -- it remands it to the Planning and Zoning Commission and outlines in the remand the areas to be addressed, so the applicant knows what it is they are supposed to be trying to come up with and I'm not sure how it works out in the real world, but I expect that Mrs. Bowcutt wi[l take these comments and talk to you and work with you before she comes back with revisions at the Planning and Zoning Commission. De Weerd: Okay. Anna, did that answer your question? Canning: I will have to search up for an order of remand, so that I can figure out what I'm doing, but yes. Item 17: Tabled from September 21,2004: Ordinance No. 04-1101: AZ 03-036 Request for Annexation and Zoning of 19.7 acres from RUT to R- 8 zones for proposed Salisbury Subdivision N o. 2 by Earl, Mason & Meridian City Council September 28, 2004 Page 53 of 59 Stanfield, Inc. - south of West Ustick Road and west of North Meridian Road: Item 18: Ordinance No. 04-1102 : AZ 04-014 Request for Annexation & Zoning of 30 acres from RUT to R-8 zone for proposed Sienna Creek Subdivision by Sagewood Development, Inc. - north of West Ustick Road and east of North Under Road: Item 19: Ordinance No. 04-1103 AZ 03-021 Request for reconsideration for annexation and zoning of 114.52 acres from RUT to R- 4 (PD) and C-G zones for proposed Redfeather Estates Subdivision No. ~ by Packard Estates Development, LLC - south of East Ustick Road and east of North Eagle Road: De Weerd: I'm sure Mr. Nichols has one on file somewhere. Thank you. Okay. Items 17,18 and 19 are ordinances. Ordinance No. 04-1101 is Item 17. Item 18 is 04-1102, and Item 19 is Ordinance No. 04-1103. Mr. Clerk, will you, please, read these three items by title only. Berg: Thank you, Madam Mayor, Members of the Council. Item No 17, Ordinance No. 04-1101, an Ordinance finding that Woodside Properties, LLC, the owner of certain real property generally located on the west side of Meridian Road north of Waterbury Park Subdivision in Section 1, Township 3 North, Range 1 West, Meridian, Idaho, to be known as Salisbury Sub No.2 and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, have made a request for annexation in writing to the Council and that said land be annexed to the City of Meridian and zoning designated Medium Density Residential District (R-8) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada County recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Berg: Item No. 17 is Ordinance No. 04-1102, an Ordinance finding that Sagewood Development, Inc., the owner of certain real property generally located a quarter mile north of Ustick Road and a half a mile east of Linder Road, within Section 36, Township 4 North, Range 1 West, Boise meridian, Meridian, Idaho, to be known as Sienna Creek Subdivision and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, have made a request for annexation in writing to the Council that said land be annexed to the City of Meridian and zoning designated Medium Density Residential (R-8) and declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict Meridian City Council September 28, 2004 Page 54 of 59 herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada County recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50-223 and Section 63-2215. Berg: Item 19, Ordinance No. 04-1103, an Ordinance finding that Harry and Frances Bryson, Helen and Elaine Oeckerheimer and Melvin R and Noma P. Shrecknick Trust, Melvin Grant and Will Grant, the Ustick 36, LLC, and Archie Ralph Wood with Packard Estates Development, LLC, to become owners in May of 2004 and the owners of certain real property generally located on the south side of Ustick Road, one quarter mile west of Cloverdale Road and the east side of Eagle Road, State Highway 55, one quarter mile south of Ustick, Meridian, Idaho, to be known as Redfeather Estates Subdivision No.2 and which lies contiguous or adjacent to the city limits of the City of Meridian, County of Ada, State of Idaho, have made a request for annexation in writing to the Council that said land be annexed to the City of Meridian and zoning designated Low Density Residential District (R-4) and General Retail and Service Commercial District (C-G), declaring that said land, by proper legal description as described below, be a part of the City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions, orders, or parts thereof, in conflict herewith, and directing the city engineer to add said property to the official maps of the City of Meridian, Idaho, and directing the Clerk of the City of Meridian to file a certified copy of the ordinance and map of the areas to be annexed with the Ada County recorder, auditor, treasurer, and assessor and the State Tax Commission of the State of Idaho, pursuant to Idaho Code Section 50- 223 and Section 63-2215. De Weerd: Thank you, Mr. Clerk, for reading that rapidly. Nary: What was that again? De Weerd: Is there anyone in the audience who would like to hear any of these ordinances read in their entirety? Bird: If so, come up and start reading. De Weerd: Hearing none, Council, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinances 04-1101,04-1102, and 04-1103, with suspension of rules. Rountree: Second. Meridian City Council September 28, 2004 Page 55 of 59 De Weerd: It's been moved and seconded to approve Items 17, 18, and 19. Mr. Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Mr. Rountree. Rountree: Madam Mayor, if you might indulge me for a moment on some things that have been bothering me and I guess they didn't come to home to me until tonight and two weeks ago when we had a development that -- one of the upper scale neighbors in Meridian, I would guess, but at the time they were providing a mix of lots and the developer came to us and said I can't sell these small lots anymore and I want you to combine a couple and re-subdivide them, so I can market these. And I continue to see this desire to bring R-8 Subdivisions with conditional use permits, which, actually, reduce the size of the lots and I don't know what the inventory -- I know what the inventory of lots are in the City of Meridian, but I don't have any idea what the inventory of the mix of lots are in the City of Meridian, but I would suspect that if one were to look at large lots, something above an R-4 in the City of Meridian, not in the area of impact, but in the City of Meridian, you will find not many. Not that I'm asking for that, but it seems to me that we have got to drift in north Meridian particularly that -- we are looking at small, compact neighborhoods or trying to create that and I understand the reasons why. Oftentimes it comes back to transportation. But the reality is we are not -- we are not really helping public transit with these more compact communities. You don't have a grid network that they can -- transit can operate through and they continue to be spaghetti loops and difficult to navigate and get around. You know, if we were really looking at that, we would do what's done on the east coast and in Europe is that you have zero lot lines and you have rows of houses for miles and miles and they all look kind of the same. But I think we need to maybe ask staff to take a fresher look at -- since we do not have a north Meridian plan per se, what it is we are doing there, why it is we are doing it, and what is our inventory of lots and lot sizes and is that really and truly the direction we want that entire area to go. We are going to continue to fight this transition thing, we are going to fight it even more if we happen to be fortunate enough to move across Chinden and incorporate some of the areas north of Chinden into the city impact at some point in time in the future. So, I just have had a problem trying to figure out what my problem was until a couple weeks ago when the developers were coming in and saying let's -- we need to combine a couple of these small lots so we have got something we can sell and, then, we continue to have before us smaller lot subdivisions come in by a consider volume as compared to even R-4 type subdivisions recently. Anyway, that was just an observation and concern that maybe we have swung the other way too far, maybe we need to take a look at what we do want in terms of lot sizes and amounts and the same thing on the other end, on the R-40 side, what's our inventory? We've had a number of those recently. Are we saturating the market? Are we saturating locations within the city with that kind of housing, whether it be R-4 or R-8, R-40, R-15, whatever it might be. Meridian City Council September 28, 2004 Page 56 of 59 De Weerd: Well -- and are we putting it in on transit course. Rountree: Yeah. And have we even thought about a transportation plan for the City of Meridian short of anybody else doing it for us. I know ACHD is not planning that kind of an activity. Compass at this point in time has not done that. Hopefully, that will come out of the new transportation planning process, but we could do that on our own. And if, in fact, that's what we want to accomplish, then, maybe we ought to sit down and now that we have Steve tasked with that kind of an activity and do that and think about it, but I just at this point don't see rhyme nor reason for a lot of the things that come before us. Just kind of seems like what -- this will fit in this five acres and this will fit in that ten and this will fit in that 50 and away we go. Anyway, just some observations. Bird: Madam Mayor? Rountree: Just kind of brought it home tonight. De Weerd: Thank you, Charlie. Mr. Bird. Bird: I agree with Charlie. You know, there for years we was a cookie R-4 and we wanted to see a little bit of deal, but now it's swinging way too far the other way in my opinion. You know, we just turned down Leeshire, one of the reasons -- my biggest reason was because of the density he had up in the front that I didn't -- I thought was just too dense and if we can't transition up against these rural ones in a halfway decent -- you know, what's wrong with 20,000 acres lots up against R -- you know, those fives and stuff, 20,000 -- oh, man. Becky, have you got any of them? Those 20,000 square foot lots that would come up against there, you know, that would transition a little better and stuff like that. I think we have got to look at it. I know the county has had some real problems by their transitions -- some of their transitions being right and I think we -- we need to look at it and take a good hard look and see what the inventory of lots we have got out there and -- I mean I don't want to be just an R-4 city, but by the same token I don't want to be an R-8 city either. De Weerd: Or an R-1. Bird: So, I think it is something that we need -- I'm like Councilman Rountree, I think it's something we need to look into and not just look into it, do something about it. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: While we are on open mike night for our Comprehensive Plan and discussing lot sizes, just my comments in the sense one of the things that I see that has been a result of our changes and the changes in planning and the move from what has been termed cookie cutter subdivisions is what I feel a higher quality housing product. And I Meridian City Council September 28, 2004 Page 57 of 59 feel that the City of Meridian is gaining a higher quality housing product and I feel that our consumers are becoming more affluent, they are becoming younger, we are attracting a different type of person, because people and their jobs and their lives are changing and so my opinion of -- I understand that we have been seeing some of these dense subdivisions come, but I'm not necessarily opposed to them just based on density. My concern on most of the subdivisions that I see are the concerns of what I see from the people living there, how will I -- how will I circulate through that subdivision, what services are available, and so~ I certainly agree that we need to look and as our jobs as kind of the land use planning application here, that's our job to look at that, but I'm not opposed to those ideas based truly on density, so -- Nary: Who cares what I think. De Weerd: You're not obsolete yet. Nary: Madam Mayor, I guess my only comment -- my only comment would be is I do agree that one of the frustrations we have seen a few times in the last few months has been -- has been that -- that propensity for R-8s and, then, the CUPs to make those smaller and more dense, but yet not really a s we talked a little bit tonight, not really provide a real variety and level housing. I don't -- I don't have a problem with the reduction, I have a problem with the fact that the reductions are fairly minute. We are not talking about, you know, dense in one portion and larger lots in others, we are talking about a difference of ten to 15 feet in frontage. I mean it's not a significant amount of variety. I think that is the frustration we have seen a number of times. We have had, at times -- and I think Councilman Rountree is right, we have had sometimes difficult times in articulating what is it about this project that was problematic, sometimes it's been the design, sometimes it has been the density, sometimes it has been the variety and sometimes it has been the open space and not to pick on Mrs. McKay or this project, because I do think there is lots of pluses in this particular project that we talked about tonight, but it really seemed to send that h orne for everyone that that's really where it is, is that we have went from a very R-4 dense community to a very R-8 dense community, but yet we still haven't seen, really, that overall review of trying to transition things and try tom atch u pin t he areas i n the north, we have just allowed things, as Councilman Rountree spid, this fits in 20 acres, so let's just do that. So, I guess as we go forward that's the direction -- if that's the direct the Council wants to go, I think that's the direction the staff needs to know and that's what they will look at and we will look at the Comp Plan and look at those types of things. De Weerd: Council, I guess what I'd like to propose -- and I know it's something that Anna has been looking into -- is a workshop with you all and to sit down and start discussing transportation corridors and densities and neighborhood centers and that kind of thing, so we can all be on the same page as to what we are doing and I would recommend that we do that with the Planning and Zoning Commission. Anna. Meridian City Council September 28, 2004 Page 58 of 59 Canning: Madam Mayor, Members of the Council, I did want to -- believe it or not, I agree with you all. Not just because my job is on the line, but because I truly do agree with you, but -- Nary: I'm with her. De Weerd: Oh, this is going to be too unusual. Canning: With the large planned communities that have gone -- and namely Paramount -- I mean the use exceptions that Paramount got have really completely changed the nature of the Comp Plan in that area and I do agree that we need to look at that and the other thing is -- and I take offense at the way the PUD ordinance is misused and I'm doing everything I can to make that not be used in that way. A PUD should be someth ing really special that just needs relief from codes. N ow, I know 0 ur code is broken, I know better than anybody how broken our code is, probably, and so until that code is fixed, you know, it was the only way developers could get the product type they were looking for. Once we get the zoning code fixed, though, I'm not going to have much tolerance for PUDs. They shouldn't be that way. You have got the code, you should -- you should design to the code and you have got the Comp Plan, you should design to the Comp Plan, you shouldn't have acres and acres of use exceptions that you have to decide whether or not it fits in the Comp Plan. So, having said that, it's become more and more evident that -- a need to get to that north area plan and as soon as I can wean myself away from the zoning ordinance amendment, the larger text amendment, I was going to spearhead that effort and move toward that way and I made the commitment to the Process Improvement Group, too, because they are reluctant to make changes to the planned development ordinance until that Comp Plan is fixed in that area and I do think there is a real need to look at those areas and figure out some transportation corridors and address the large commercial and office areas that are now there as a result of Paramount and other developments. De Weerd: And I just worry that, you know, our window of opportunity continues to -- is rapidly closing and you all know it better than anyone at the fast pace your office is -- well, all of your offices planningwise is being slammed with, but we have to get on top of this. Otherwise, it's going to be frugal -- or fruital -- Nary: Futile. De Weerd: Futile. Okay. It's going to be -- I like that. It's going to be bad. And you notice I don't do that anymore. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I know we have set the budgets, but it seems to me that those particular items as it relates to Planning and Zoning activities are pretty critical. Should we Meridian City Council September 28, 2004 Page 59 of 59 contemplate the possibility of providing some professional assistance, not necessarily a consultant to do the work, but some -- a consultant to -- might kind of a higher planner status that Anna could put on a task and not worry about the development stuff, but under her tutelage and direction get some of this stuff done. De Weerd: I appreciate that and we can maybe bring back a recommendation. Canning: And I have had that relationship on the zoning ordinance amendment. I have been doing that with Diane Kushlan and that's worked out great. It relieves a lot of the pressure off of me, but it doesn't take such a big whack out of the budget. Bird: Madam Mayor, isn't Freilick -- we should get a bunch of -- Councilman Rountree just was talking about his report, if I recall, the RFP. De Weerd: We certainly hope so. Rountree: I'm not sure you're going to like it. Bird: Well, we might not like what -- the consultant we had. De Weerd: Council, I have just one last thing. Mr. Nichols -- Nary: I think if we are done, I would move to adjourn. Bird: Second. Rountree: Second. De Weerd: Oh, I'm sorry. It's been moved and seconded to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 10:14 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~~ It? , z6, 04-- MAYOR T DE WEERD \\\\l\l[i)A.....T,~.. APPROVED \\\ .- n n~ II, "~II ~I Or NiCI,',.",.III/ ....' ~"' "V,# ........ ATTEST: ! c} ~cpft~i,'/r /'/~ ~ ~ "Vo S - ~ - - .':' :: = - .... ....