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HomeMy WebLinkAbout2008-05-20 Meridian City Council Meeting Mav 20, 2008 A meeting of the Meridian City Council was called to order at 7:15 p.m., Tuesday, May 20, 2008, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, Joe Borton, and David Zaremba. Others Present: Ted Baird, Jaycee Holman, Anna Canning, John Overton, Joe Silva, Kyle Radek, Clint Dolsby, Steve Siddoway and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: It is 7:15. I will go ahead and call the meeting to order and welcome you all with us tonight. I will start tonight's meeting -- oh, for the record it is Tuesday, May 20th, and we will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Okay. Item No. 2 is the pledge of allegiance. Tonight we will be led in the pledge by Councilmember Borton. If you will all rise and join us in the pledge. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Shawn Ragan with Church of God Seventh Day: De Weerd: Thank you, Councilman Borton. I'd give you a pin, but I know you already have one, so -- Item No. 3 is our community invocation. Tonight we will be led by Pastor Shawn Ragan and he is with the Church of God Seventh Day. If you will all, please, join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you, pastor. Ragan: Thank you. Madam Mayor, Members of the Council, let us pray. In the name of the Father and of the Son and of the Holy Spirit, amen. Our Father in Heaven, we come before you this evening, thankful -- thankful for your presence in our lives, for guidance and direction in all that we do. Lord, we thank you for our country that we live in, the freedoms that we have. We thank you for this city and our communities. Father, we look for your guidance and direction and mercy in all aspects of our life. Lord, we ask that you have mercy on this meeting tonight. Guide and direct each person as they '~ ~ ~i: ~ ~~. ~ '~~ g ~ !} !Y. f ~~ b i i I I E' ~ 1 ~ -~ ~,, ~ ~ ~ ~y~ ~ I ~ 3g~ r r 5; r ~ i ~~ ~ #i ~ I ~ ~ ~ ~ ~ 1 ~x { t f .'~ j~ ~; q S1 2 ~ i ~ {. 'f rlY ~ '~ ,, 7. i~~ ~~ I ' I ~~ 4 l i ~ I ~ j ~ ' '' ~ f ~ ~ ~ ~ ~ ~ f ~ ~ ~ ~ j' f I 4F ~ - i r I 7~ ~ ~ ;,~ ~ ~~ ,~ F I ` , 1 ~~ _ !. ~ ~ ~ z ' ~ ~ ~ ~ ~ I _ ~ ~ , k y , 't i ' ~` i i p #~ ~ ~ ~~ t ~` ~ t #~ I~ . ~ ~ ! t 1 i '+t l j~ t 'j ~ ~ L! f ~ ~ ~ ~ ~ ~i k ~ ~ ~~ ~ , I ~; ~ Y f ! ' I i i yy ` i ~L _ 4 F Sf ~ f ~ I 5 ^d i ~~. 1 1.u F ,s f .~ L q ~ , e fs. ~ '. ~~ ~.J ~.d~ ~ _.. a '.r Meridian City Council • May 20, 2008 Page 2 of 53 seek your will. Piave mercy on our Mayor, our City Council Members, the city directors, and each person who has come to this meeting tonight. May this meeting and each City Council meeting go according to your will, that this city in which we live may be blessed. Lord, have mercy on our police and fire departments. Protect each of the officers as they work to keep us safe. Be with each one of them and with their families. Lord, have mercy on our men and women who are in the service of our country, especially those serving overseas in harm's way. Keep them safe as they protect our country and each one of us. May our great God and Savior Jesus Christ, the author of peace and the source of all blessings, give to each one of you peace and bless you in the work that you do, to the prayers of our holy father, Lord Jesus Christ our God, have mercy on us and safe us, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, pastor. And, by the way, I did enjoy both -- having both your sons in the Mayor's Book Club. They are a joy. Thank you for sharing them. Okay. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Bear with me here. On the Consent Agenda, Item N is 08 -- is the resolution number 08-607. O is resolution number 08-608. And P is 08-609 resolution number. Under Department Reports, the -- Bill Nary from the attorney's office has asked to give a report on temporary sales units recommendation regarding fees and I have a feeling it's going to be Ted. Item No. 10, the ordinance number 08-1361. Eleven is 08-1362. And 12 is 08-1363 Okay. Let's go back to the departments. Council President, discussion on checking account. And Item 24 has been asked to be removed, that's the Executive Session. Item 21 is the ordinance number 08-1364, 22 ordinance number 08-1365, and Item 23 is ordinance number 08-1366. And with that I move that we approve the stated agenda. Zaremba: Second. De Weerd: Okay. I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Item 5: Proclamation for Recreational Water Safety Week: De Weerd: Thank you. Item No. 5 is a proclamation. It is for Recreational Water Safety Week. We will be opening our water --our splash pad on Thursday and certainly hope that Council is able to join in on the celebration, which is recreational water safety week in Meridian. Actually, it was called something else and I didn't like it, so I thought ~: ~: I ~' : ! ~~~ ~ I~ , ~~~ i ti I ~ ~ s ~ ~ ~I;r ~~~ I3 i ~ 'S' f ~. i t , 777 ; ~ ~~~ {{ ! t 1 ' ~~ i ii ~l ~'.. I ~ ~ ~ { .~,~ ~_ ~ t `s_ ~ I i i ~ ~ „ ` ~ L ' i ( ~ %" E _ Y }_ A Z f 3. ~ ~ { t t ~ 4 ~ 4 t ~ ` ~ t i l ~ ' S f ~ } ~ I. ~ ~ I 1. 4 k ~ j , f 1 ~ 1 ~ { I { - ~ ~ ~ ~ ~ ~ f • ~ ~~ r S Meridian City Council • May 20, 2008 Page 3 of 53 this had a better ring to it. So, the proclamation reads: Whereas swimming and water play are recognized as fun and healthy summer activities for residents of all ages and whereas the City of Meridian welcomes public to visit its zero depth splash pad at Settler's Park every summer and whereas the City of Meridian and Central District Health Department are partnering with other area agencies to encourage healthy swimming and water play behavior and whereas the City of Meridian has invested in new technology and taken steps to enhance public safety and awareness in order to reduce water borne illnesses and whereas it is in the interest of all residents to be aware and practice healthy behaviors that can prevent the spread of recreational water illnesses and whereas healthy swimming and water play behaviors include not swimming when you are ill, not drinking the recreational water or get it in your mouth, showering before swimming or playing on the splash pad, washing your hands with soap and water after using the bathroom. Taking your children on frequent bathroom breaks -- I'm getting very detailed on this. Changing baby diapers in the bathroom, not on public surfaces. And, therefore, I, Mayor Tammy de Weerd of the City of Meridian, do hereby proclaim the week of May 19th through 25th, 2008, as Recreational Water Safety Week in Meridian. We will present this to Central District Health on Thursday during our ceremony. I know that our residents have been very anxious and awaiting the opening of the splash pad, especially since the weather hit the 90s this past week. So, Director Siddoway, do you want to take this and see you on Thursday. Siddoway: Thank you. De Weerd: Thank you. And at that time, Director Siddoway, I think we will be able to comment on the number of things that our staff has implemented and put as part of that water feature that protects the health and welfare of our residents and the visitors to our water park. They have gone above and beyond and that's one reason why Central District Health has asked to have this ceremony at our splash pad, because we have really been an example of how someone needs to step forward to be a part of this solution. So, my hat's off to you and your staff and, please, relay our appreciation to them and we will celebrate with you on Thursday. Item 6: Consent Agenda: Approve A. Approve Minutes of April 7, 2008 City Council / ACHD Joint Meeting: B. Approve Minutes of April 22, 2008 City Council Regular Meeting: C. Approve Minutes of April 22, 2008 Pre-Council Meeting: Approve D. Approve Minutes of May 6, 2008 City Council Regular Meeting: E. Development Agreement: izz 07-017 Request for Rezone of 5.29 acres from R-8 zone to C-G zone (1.62 acres) and L-O zone (3.67 acres) for Verona Commercial by Primeland Development Group, t } f I ~ ~. ~ ~'~ ~[--„..~ ~~r - ,~ '> ~ ~ '~ ~~ ~~ ~ { ~ ; ~ ~ ~ ~ i' y ~~ ~: ~ ~ r ! ' i ~: k; 4 1. ~ 7 ~ I ,,~ ~ ~ ~ ~~_~ ~ T k ~ i i ~~ ~t ~ r ~ J ~ I } ~y ~ 1 i ~ ~' 1 ~ 9 I ~' ~ ~ 1 ~ f '~ i {fit ~ ' i $, ' F ~ x ~ 1.' a V ~ i ~' ft E f ` ~ ~ ~ ~ ~ ! Y ~ ~ ;l I ~ ~ ~3 ` I i '~~ S Z ~ +i ~ ' j y ; ~ ~ ~ ~ ~i ' ~' ~~i `[ ~ IS ~ k} ~ „ g y F a id ~ , ~~ ' ' ~ i v ~~ , r 77 ~ 4 ~ ~. f .~ ~ ~ ~ ( 1 t ~ ~ 1 ~ ~ # 1 i f Meridian City Council ~ • May 20, 2008 Page 4 of 53 LLC -Northeast Comer of West McMillan Road and North Ten Mile Road: F. Development Agreement: RZ 07-018 Request for a Rezone of 12.64 acres from R-4 to an L-O zone for Bridgetower Crossing Office by Primeland Development Group, LLC -Southwest Comer of West McMillan Road and North Linder Road: G. Development Agreement: RZ 07-022 Request for a Rezone of 7.37 acres from C-G and R-4 to C-N zones and a Rezone of 5.88 acres from R-4 to L-O zones for Bridgetower Crossing Commercial by Primeland Development Group, LLC -east of North Ten Mile Road and south of West McMillan Road: H. Development Agreement: AZ 07-018 Request for Annexation and Zoning of 9.764 acres from RUT to C-C zone for Settler's Square Subdivision by Seagle Three, LLC - 870 West Ustick Road: I. Addendum to Development Agreement: MI 07-013 Request for Miscellaneous application to modify the Recorded Development Agreement for Verona Commercial by Primeland Development Group, LLC -Northeast Comer of West McMillan Road and North Ten Mile Road: J. Addendum to Development Agreement: MI 07-014 Request for a Miscellaneous application to modify the recorded Development Agreement for Bridgetower Crossing Office by Primeland Development Group, LLC -Southwest Corner of West McMillan Road and North Linder Road: K. Findings of Fact and Conclusions of Law for Denial: VAR 08- 003 Request for a Variance to UDC Table 11-2A-5 to allow a structure encroachment into the required rear yard setback in the R-4 zoning district for Silman Setback by Stanley Silman - 1749 West Lowry Street (Lot 10, Block 16, Tumble Creek Subdivision #6): L. Development Agreement: RZ 07-023 Request for Rezone of 0.62 acres from R-4 to an R-8 zone for Blackstone No. 2 by Landmark Engineering and Planning, Inc. - 4700 West Aspen Creek Street: M. Sanitary Sewer Easement Agreement for Kelly Creek by Jim Durst: '> ~. ~~ r ~; *~ ~ ~ ~ #j ~ Y~ ~ s +?, ~ ~ ~ ' i ~. ~ ' 1 1yy ~ .y'~ F ~1 1 ~ ~. f i ~3~ ? ~~~ i~ ~ ~' u ~ l k ,. '~ '~ ~ ~ ;~ i ~ n F' ~ ~ ~ [ E f [ ~I ~ i~ ? l jf.~ , ` ~ ~~` ,i ' ~j 1 ' ~ ' ~ 1 i ~ ~ ~ #l. , ~ ~ 1 +~ ~, j ~ ~~ ~ ~ i ~ t ~ ~ ? i I ~ 43 ~ F i i{ 1 ° . -~- - t a ` ; { ~ z f rt ~ ~ y { ~ ~ 3 f 1 ~ t , T L j F t ~ ~ i + e k' i ~I I + ` f ~ ~ F, { { E ~ 1 I ~ '~ i g t ~ q Meridian City Council May 20, 2008 Page 5 of 53 N. Resolution No. 08-607 Recreation Fees: O. Resolution No. 08-608 P. Resolution No. 08-609 Employment: De Weerd: Okay. Item No. 6 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. 0 2008 Meridian Parks and Drua and Alcohol Policy: Introductory Period of Bird: I will restate the resolution numbers in the Consent Agenda. Item N is 08-607. Item 0 is 08-608. And item P is 08-609. And with that I move we approve the Consent Agenda as published and for the Mayor to sign and Clerk to attest on all papers. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If there is no discussion, I will ask Madam Clerk, to, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Department Reports: A. Legal Department -Bill Nary 1. Temporary Sales Units Recommendation Regarding Fees: Waive Fees for all Temporary Use Permits effective with the passing of the new ordinance & for one calendar year De Weerd: Item 7 under Department Reports, I would ask Mr. Baird to, please, give an update on the temporary sales ordinance. Baird: Thank you, Madam Mayor, Members of the Council. I have an a-mail that summarizes a meeting that was held today with Mr. Nary and representatives of the planning department and the clerk's office and what they did is took up the issue of the fees for temporary uses. As you may be aware, it's been sort of controversial as to whether we should be charging for that and particularly as it may pertain to charitable organizations. After this meeting the recommendation to you from this group is that you not charge fees for temporary use permits for the 2008 calendar year. The city is more ~i s i rF' G ~ ~ ~ ~ ~ .. ~ 1 r > r-~ i i ~ ~ 9 I i ~ L ~ ~ ; ~ ~ : , ~ ~ ~ ' 5 , , i r ,. ~ f ~!! ~ E ~ V r: ~ ~ ~ i } r i 1~ f a ~~ "i ~ ~ ~ ~ ~ ; S ~ ~~ i ~1 ~~ ~ , ~ ,1 ~ t i , Z;~ ~ ff 4 ~ ~ ~ ~` T i k j~ ~ ~; , ~ I . tt y ~y ~ 6il ~~ ~ i~ ~ Meridian City Council May 20, 2008 Page 6 of 53 interested in getting the data required by the statute and what they'd like to do is collect a year's worth of information and determine whether or not to charge a fee for the next -- for the next year. Anna was at that meeting, if she has anything to add. If you have any questions. But, basically, that's the recommendation and if you're ready to make a motion that would affect possibly the outcome of one of your agenda items tonight and the clerk's office stated that they would be willing and ready to refund any permit fees that have already been paid. De Weerd: Thank you, Mr. Baird. Council, any questions? Zaremba: Madam Mayor, just to clarify. You're not just talking about no fees for nonprofits, you're talking about no fees for any application this year. Baird: That's correct. Madam Mayor, Members of the Council, Councilmember Zaremba -- Zaremba: Any and all. Baird: Part of the problem is finding how we differentiate between the different groups and who feels that they are entitled to an exception or not. I see Anna Canning inching towards the mike. Madam Mayor, if you might want to recognize her, she could probably help us answer that question as well. De Weerd: Mrs. Canning. Canning: Madam Mayor, Members of the Council, in summary it sounds like we made a quick decision. We went around in circles for an hour and a half. We talked about a lot of different scenarios, a lot of different options. There are several types of temporary use permits, so we talked about the different types and what may be appropriate as far as charging fees for some of them, charging permits for some, not charging permits for the others, and what it really boiled down to is we'd like to get a year's worth of information on, you know, the difference between the enforcement necessary for a temporary sales unit versus a mobile sales unit versus a promotional sales unit versus subdivision model homes versus subdivision sales offices. So, what really we came down in the end was let's just make it a fee of zero dollars for this year and leave open the ability for us to make a recommendation to Council next year based on at least a year's worth of experience. De Weerd: And that doesn't include the mobile sales units; correct? Canning: Oh, no. You're correct. It does not. Because they already had a fee in place. De Weerd: Right. Okay. Council, any questions? Bird: I have none. ^.~.,-., ~ 33 :a. i L I _ ' i b ~ ~~ : I 7 ~ s~ i5' r ' t, e I ~ ~ ~ ~ I ~ t~ ~ ~ ~ ~ 'i ` i ~ ~ ~ ~ ~ i i ~~ t ~ ' ~ ', E9 ' ~.~ ~ ! t I 4 ~~ ~ 'E r F i i i ` r :i r~ i ~ ~ ~ ) ~. f !i ~- ~ i !; I ~ 1 ~ b ~ ~ r K ` _y ~ ~~ ~ r ' E L ~ ~ ~ ~ h ~ ,i ; ~ 1 ~ ' ~ i ~ i r ~ 4 ~a ~ ~ ~ ~ ~ i j . ' ~ ~L ~. ~ ~ ~ :u ~ s u ~ ' ~ i II f ' F ~. i ~ ~ ~ ~~ ~ i ~ : ~ ~ V ~ !~ ~ . xJ ~ u ~ 3 f' { k ~ ~ ,.. ~ i F ~ ' n i tt i ~ t s' ff ~ sl, . 1 t Meridian City Council • • May 20, 2008 Page 7 of 53 Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Along with the fact gathering, would we also be gathering the amount of time the clerk's office invests in producing a permit, I guess? Holman: Yes, we will start tracking that. De Weerd: And I imagine it will be less once we get rid of the fee, I can guarantee you. Okay. Any further questions? Okay. Council, we do not need to have another Public Hearing -- we don't need a Public Hearing, because you are reducing the fee to zero and so it is -- is that the direction you wish to go? Rountree: Madam Mayor, just a comment. I think it's probably the right thing to do, because of the confusion that we created and it's better to work off of some data than a best guess. So, I think it's a legitimate recommendation and having said that I would move that we waive the fees for the temporary use permit -- temporary sales unit as recommended -- temporary sales -- Canning: Madam Mayor, Members of the Council, what we are recommending is that we waive it for all temporary use permits. Rountree: Waive the fee for all temporary use permits for one year. Bird: Starting when? Rountree: Starting -- well, effective with the passage of the ordinance. Bird: Second. Zaremba: Madam Mayor, discussion -- De Weerd: I have a motion and a second. And part of that discussion, we have had a couple that have paid at this point and they have been pulled out and we will do a reimbursement if this passes tonight. Yes, Mr. Zaremba. Zaremba: Madam Mayor, my question was -- I thought the intent was to waive fees during this fiscal year. Are we now saying one whole year of data? Did I miss that? Canning: Madam Mayor, Members of the Council, it's up to you. This is the busy time, so if you went fiscal year we'd probably have a pretty good idea, because most of them happen between now and Christmas. Zaremba: I guess my question is what were you suggesting? Maybe I misunderstood. What were you asking for? ~ " V ); `~i A l I,--~ ~ i(i( ~ rl 1 I ~ ~ { ~ r tl 1 ~ ~ ~ 1}j , ~ i r + .jj 1I ~ 7 . ~ j ~ ~ k f ~ ~ . - t f ~ } i i ~ ~9 ~ M l.S ~~ `S ~ i ~ k`~ i r f ~F i Meridian City Council May 20, 2008 Page 8 of 53 Canning: I don't think we had thought about it, to be truthful, so -- Zaremba: Okay. Baird: Madam Mayor, Members of the Council, in reading Bill Nary's summary, he was referring to calendar years and I think that does allow you to capture the busy season and, then, give you time to evaluate before the next season begins. So, those are all for your consideration. Perhaps the maker of the motion would like to clarify the exact dates of the waiver -- or the zero fee. Rountree: My intent was the calendar year. De Weerd: Okay. Second agree? Bird: I agree. De Weerd: Okay. Thank you. Thanks for the clarification. Any other questions? Discussion? Seeing none, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. 2. Discussion on Checking Account with Bank of the Cascades: De Weerd: Thank you. Also added to our agenda under Item 7 was discussion on checking account. Mr. Rountree. Rountree: Up until recently we had an interest bearing account with Bank of the Cascades. They informed us that they were going to no longer recognize that interest bearing aspect of our checking account. Through much negotiations with the fiscal office, they did get some reconsideration on the part of the bank and they have negotiated -- and I don't have the percentage, but it doesn't matter where you go anymore, it's something around a percent or less, for interest on the checking account. The checking account would, then, be swept on a daily basis and the funds put into a money market account and that would be where we would get interest returns. It's not a new account, the terms of the existing account have been changed. Not necessarily requiring Council approval because of the change, but let you aware of it and, hopefully, we can get an affirmative moving forward with that, so Stacy is comfortable with the new checking account and we are on record of recognizing that and approving it. De Weerd: Thank you. Council, any questions? No. Is official action required? Meridian City Council May 20, 2008 Page 9 of 53 Rountree: I would move that we accept the new terms and conditions in the checking account with Bank of the Cascades. Bird: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Just for the record we will call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Rountree: And, for the record, I will have a conversation with Stacy about the possibility of an additional checking account with another banking institution. It seems like we are big enough that there might be some benefits there. De Weerd: We will bring back a response to that as well. And just for the official record, I know you send out an updated agenda. If you will, please, make sure these two items were noted on that. Item 8: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda. Item 9: Request for a Waiver of Fees of the Temporary Use Permit for Le Bois Soccer Association aNon-Profit Organization Garage Sale at the Pioneer Federal Credit Union Parking Lot by Judy Trimbole: De Weerd: Item No. 9 is a request for waiver of fees, which -- is Judy here? If staff will, please, notify this applicant that her wish was granted. So, that was easy. Item 10: Ordinance No. 08-1361 RZ 07-017 Request for Rezone of 5.29 acres from R-8 zone to C-G zone (1.62 acres) and L-O zone (3.67 acres) for Verona Commercial by Primeland Development Group, LLC - Northeast Comer of West McMillan Road and North Ten Mile Road: Item 11: Ordinance No. 08-1362 RZ 07-018 Request for a Rezone of 12.64 acres from R-4 to an L-O zone for Bridaetower Crossina Office by Primeland Development Group, LLC -Southwest Comer of West McMillan Road and North Linder Road: Item 12: Ordinance No. 08-1363 RZ 07-022 Request for a Rezone. of 7.37 acres from C-G and R-4 to C-N zones and a Rezone of 5.88 acres from R-4 to L-O zones for Bridaetower Crossina Commercial by Primeland Development Group, LLC -east of North Ten Mile Road and south of West McMillan Road: Meridian City Council • • May 20, 2008 Page 10 of 53 De Weerd: Okay. Item 10, 11 and 12 are proposed ordinances 08-1361, 08-1362 and 08-1363. I would ask the city clerk to, please, read these by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 08-1361, an ordinance finding that Primeland Development Group, LLC, the owner of certain real property, has made a written request for rezone of the zoning classification RZ 07-017, Verona Commercial, for real property being a parcel of land in the southwest one quarter of Section 26, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and temtory situated in Ada County, Idaho, and within the corporate limits of the City of Meridian, and rezoning the land use zoning classification of said lands from R-8, Medium Density Residential District, to C-G, General Retail and Service Commercial District, and L-O, Limited Office District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Holman: City of Meridian Ordinance No. 08-1362, an ordinance finding that Primeland Development Group, LLC, the owner of certain real property, has made a written request for rezone of the zoning classification RZ 07-018, Bridgetower Crossing Office, for real property being a parcel of land in northeast one quarter of Section 35, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and temtory situated in Ada County, Idaho, and within the corporate limits of the City of Meridian, and rezoning the land use zoning classification of said lands from R-4, Low Density Residential District, to L-O, Limited Office District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Holman: City of Meridian Ordinance No. 08-1363, an ordinance finding that Primeland Development Group, LLC, the owner of certain real property, has made a written request for rezone of the zoning classification RZ 07-022, Bridgetower Crossing Commercial, for real property being a parcel of land in the northwest one quarter of Section 35, Township 4 North, Range 1 West of the Boise Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and territory situated in Ada County, Idaho, and within the corporate limits of the City of Meridian, and rezoning the land use zoning classification of said lands from R-4, Low Density Residential District, and C-G, General Retail and Service Commercial, to C-N, Neighborhood Business District, and L-O, Limited Office District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required Meridian City Council May 20, 2008 Page 11 of 53 by law, and providing for a summary of the ordinance and providing for a waiver of the reading runes and providing an effective date. De Weerd: Okay. You have heard these three ordinances, that are very entertaining, read by title only. You do have the option of hearing them read in their entirety. Is there anyone who would like to have them read? Thank you. Council, seeing none, do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we approve ordinances number 08-1361, ordinance 08-1362, and ordinance 08-1363, with suspension of rules. Borton: Second. De Weerd: Okay. I have a motion and a second to approve Items 10, 11 and 12. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Item 13 is FP 08-010. We do have a letter from the applicant agreeing to staff comments. Any additional comments from staff? Okay. Council, any questions? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Seeing no questions, I move we approve Item 13, FP 08-010. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve Item 13. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 14: Continued Public Hearing from April 22, 2008: AZ 08-003 Request for Annexation and Zoning of 12.06 acres from RUT to R-40 (10.56 acres) and C-C (1.15 acres) zones for ReAencv at River Vallev (REVISED) by ~ i + '~~ ~ r' j ~ itt ~` t i7 Est ~' 7 a T ~ 1 - ^1 ~ i t ` ~ ! j ,~ I R ~ ~ j ~ 2~ l ~ e ~ ~~ ~ j ~ ~~ ~ a ~{ ~' ~ ~ ' ~ x ' ~Yk ` i F ~ t }b~ ~~ ~:~; ~ r I~ ~ ~ i~ ~ ~ ~ i ~ i I, ~ ~ ~ i ~ k ~~ y ~ ~ r , c k j i~ ~ ~ ~ ~ ~ i 1 j rT . ~ ~ ' ~ i ~~ f ~ ~ iii'i i M ~ F ~ F A g i~'A t „ ~ ' t~ i ~, ~ 1, I r ry k ~ h F ~ ~ rt~i u1 ~~ I ~, ~~~ ~ ~~~ : 1~ ~ i i ' o F ? ~ S ~ ~~ L ~! i f ~ '~~. ~ ~ , ~ {`` ~ 11 ` 1 t E~ kI t I ~.y 1, . ~ ~frl T ' 1 ~. ~ ~ c k ` I I ~l ` ~ 3 -, i ~ (I I ~~ ~ .~ ~ f 3 ~~ ~~ ~ -~ ~ ~ C ~ L 1FF 1 l ~ ~ / ~~ '~If 1 ~ .. py )f :, 14:1 '.~~is _., .. ~ q, '.. v.' . ~,~ s _.~ ~~ ii ~ <#. ~.' ~ ~-. Meridian City Council May 20, 2008 Page 12 of 53 Mason & Stanfield - 2500 North Eagle Road: Continue Public Hearing to May 27, 2008 Meeting Item 15: Continued Public Hearing from April 22, 2008: CUP 08-004 Request for Conditional Use Permit for amulti-family development in a proposed R- 40 zoning district for Re~ency at River Vallev by Mason & Stanfield - 2500 North Eagle Road: Continue Public Hearing to May 27, 2008 Meeting Item 16: Continued Public Hearing from April 22, 2008: VAR 08-002 Request for Variance to UDC Table 11-3C-6 for a reduction in the number of parking spaces required for multi-family dwellings in covered carports or garages for Regency at River Vallev by Mason & Stanfield - 2500 North Eagle Road: De Weerd: Okay. Item 14, 15 and 16 are continued public hearings from April 22nd, AZ 08-003, CUP 08-004, and VAR 08-002. We did open the public hearings on April 22nd, but we have not heard the presentation. Canning: Correct, Madam Mayor, Members of the Council. You will have to forgive me tonight on the presentation. I don't know what's coming up next. I usually have two monitors and the overhead. I have the overhead tonight. So, it may not be as smooth as usually. Not that it's smooth. Okay. Going on. This is the Regency at River Valley project. It's located at 2500 North Eagle Road, approximately a half mile north of the Fairview-Eagle intersection on the east side of Eagle Road. The applications before you tonight are for annexation and zoning, Conditional Use Permit, and a variance. This is the revised site plan. I believe we have a colored version. There we go. I'm going to let the applicant go into the details of the site plan, but I am going to hit on some of the highlights of the proposed development. The annexation request is for one commercial property with a C-C zoning -- actually, that's not colored on this site plan. Be in this area that adjoins Eagle Road. And one multi-family property with R-40 zoning. The Conditional Use Permit is for the multi-family development. The applicant is proposing 204 multi-family living units within nine apartments buildings, a clubhouse, swimming pool area, a putting green, several gazebos, an entry water feature, pathways, extensive landscaping, and a playground area. About 18 percent or 1.91 acres of usable open space are provided within the site plan. The gross residential density of the development is 19.3 dwelling units per acre. With regard to the requested variance, it is for the requirement to cover the required parking spaces. The UDC requires 360 covered spaces and about 48 uncovered spaces on the site, for a total of 408 spaces. There are seven garage structures depicted on the plan generally along the west and south edges of the property and that contain six parking spaces each for 42 enclosed spaces. And, then, there are 253 carport parking spaces provided that come to a total of 295 covered spaces. And, then, there is 113 open stalls provided, for a total of 408. So, they meet the required number of parking, it's just that not all of it is covered. And you may remember this application. Part of the reason they are unable to cover some of the parking is because of an easement along the South Slough. We Meridian City Council • • May 20, 2008 Page 13 of 53 do have elevations. Oh, look, they are all on one sheet. There are four different building elevations, plus the clubhouse. There is -- that's the clubhouse. Here are the garages. And here is some examples of other projects, I believe. So, there are four different building elevations, plus the clubhouse elevations. The structures are all proposed to have brick veneer, masonry, stucco, stone veneer, and fiberglass reinforced asphalt shingles. All of the structures are two to three stories in height and have the same architectural design -and appearance, but are different in size based on how many units they contain. So, that was just four different versions of the apartment buildings. Plus you have the clubhouse and the garages. There is the one single story clubhouse structure proposed. It does have the same construction materials as the larger units. The Commission recommended approval at their March 20th, 2008, Public Hearing. Lars Anderson from Bach Homes and Scott Stanfield from Mason Stanfield Engineering spoke in favor. No one spoke in opposition. Andy Wilks representing Center Cal spoke -- commented. And there was also written testimony from David Kleiner, who was the property owner to the south. And Andrew Wilks who has an option on a portion of the property to the south. The key issues of discussion by the Commission were the addition of an emergency access driveway to the site from Allys Way. You can see that added. Allys Way is on the east side of the property. You can see that access now. Support of the request for annexation of 1.5 acres with C-C zoning designation if the variance request for temporary access to Eagle Road is withdrawn and the applicant did withdraw the request for the access to Eagle Road. Removal of one of the multi-family structures is order to provide covered parking as required by the UDC for multi-family developments. The request for a variance for a reduction in the number of covered parking spaces required, the encroachment of structures and landscaping within the easement for the Stokesbeny-Downey Lateral along the south boundary and the proposed relocation of the lateral and easement further to the south. And the final issue of discussion was allowance for a five foot wide multi-use pathway through the site within a public use easement and signs identifying it as a public pathway if a ten foot wide pathway is constructed along Allys Way and East River Valley Road as approved by the parks department. So, the key Commission changes to stafFs initial recommendation were they required an emergency access only driveway to Allys Way. Required amulti-use pathway on the site in accord with parks department comments. They removed the temporary access request variance to Eagle Road, as I mentioned before, and they recommended approval based on the applicant and North Meridian Imgation District reaching agreement pertaining to the relocation of the Downey Sub Lateral. The outstanding issue before City Council -- the Commission was supportive of the requested variance for a reduction in the number of covered parking spaces required. Staff is not supportive. If the parking variance is not granted, a new site plan should be submitted. Staff is unable to make the findings that the variance -- for the variance. Written testimony since the staff report. You received a letter from Mr. David Kleiner for the April 22nd, 2008, hearing requesting three things be added to the development agreement for Bach Homes. The first one was that Bach Homes be required to reimburse Kleiner family for half the right of way at fair market value. That you defer approval until the Kleiner family finalizes the property boundary with Center Cal and the 60 acre park. And that you require Bach Homes to discuss location of access drives to minimize adverse impacts and that Kleiner should be free to Meridian City Council May 20, 2008 Page 14 of 53 present alternative locations for the Bach Homes driveway. You also received a response from Mr. Lars Anderson, dated May 13, 2008, objecting to the reimbursement for the right of way and committing to additional construction beyond what is normally required by ACHD and also objecting to the delays associated with the boundary negotiations and potential access points. I have to say that Kleiner proposal to -- regarding the reimbursement for half the right of way -- there are times when staff gets stuck in between those kind of agreements and this felt like one of those where we were going to end up having to try and determine whether they had negotiated for fair market value or not and so I -- I was hesitant to see that kind of condition placed upon Bach Homes, just because it's often difficult to determine when that kind of condition has been met. With that I will answer any questions that Council may have. De Weerd: Council, any questions for staff at this time? Bird: I have none, Mayor. Rountree: No. None right now. De Weerd: Thank you. Would the applicant like to come forward. If you will, please, state your name and address for the record. And if you don't mind, I am going to stand up. I have a back that's killing me. Anderson: You're welcome to. Madam Mayor, Members of the City Council, my name is Lars Anderson. I'm with Bach Homes. We are located at 11650 South State Street in Draper, Utah. 84020. We are here tonight and we thank you for listening to our proposal. We are here tonight to, once again, present our site plan to you and ask for a Conditional Use Permit, annexation, and a variance. We have been here a couple years ago, if you recall, and we have changed the site plan significantly since then, with comments from the staff, comments from ACHD. We have also had comments from NMID and we changed the site plan to accommodate all those comments. The one variance we are now requesting is because the covered parking is in the easement for -- we call it the South Slough, some people call it the Finch Lateral. It changes. I don't know. We have it labeled as Finch Lateral on the plan. We also have some issues regarding the -- the Stokesberry Lateral on the south part of the property. In the staff report it's called the Downey Lateral and we have come to an agreement with NMID how we would shift that, so no structures will be in the easement, only landscape and the ten foot wide multi-use pathway. And we have also met with the parks department to clarify any issues there. We even met with the garbage guy and changed the dumpster locations to accommodate them. So, we feel we have done everything we can to accommodate everyone that's involved with this project or will have involvement with this project, including offering the cost to construct the entire East River Valley Street to the junction of Allys Way and Records Road. So, with that we -- I stand for questions. We will have Scott Stanfield answer any technical questions you may have. De Weerd: Council, any questions. Meridian City Council May 20, 2008 Page 15 of 53 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If Lars would -- or Scott, either one, just explain the technicalities as it relates to that easement and why it's not possible to cover. Anderson: They don't allow any structures in the easement. They are particularly worried about it, because they like to bum along the canal -- to wont' about any structures burning. Of course, they are also womed about the cars there, but we are working through those issues with them, but they definitely don't allow any structures, because they feel they will have to come in and maintain the ditch in some fashion and structures would prevent them from getting any equipment there, where cars can be moved, structures can't. So, we have covered all the other parking, except as you see in front of the clubhouse where staff has recommended that we don't cover it, because, A, it's on a half circle and, B, it's in front of the clubhouse. And we have a drawing of the clubhouse we'd like to show you that shows why we don't want to cover the parking in front of the clubhouse. This is an actual rendering from our plans of how it really will look like. Those are actual architectural plans, as well as our layout and we are doing the water feature and everything else. This is a very accurate rendition of it. De Weerd: Flip that so people can see it as well. Anderson: Oh, to the audience? De Weerd: Yes, please. Anderson: We'd also like to show our pool area, which wasn't part of the presentation, and that is also an accurate rendering of the pool area that we plan to provide. These are not where we construct them and sell the units, these are owners -- we keep them. We have. ten units across the west. We haven't sold any of apartment complexes yet and don't plan on selling this one. We plan on building them and renting them out and maintaining them ourselves. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. De Weerd: I guess I have a question as to timing. You know, the road is not constructed, the access has -- as far as I know is not totally through the vetting process with ITD and ACHD. What is the timing of this? Anderson: Okay. We have gone to ACHD and were put on the consent agenda on May 9th, I believe it was. Or 10th. And received approval of our access locations, as well as our crossing of Allys Way and for the proposed location of East River Valley Street. So, we have gone through ACHD's process and they have agreed to it. The 1 333 { ' { i ~ i 'I f, y r 3 ~ i~ ~ t ~ ( 5 I {f( Y ~ ' f~ ~: ~ 4 ~ ~ ; }L TTTT '~ + 4 { 1 ~ ~ ~~ I E ~ ~ ~ ~ ' ~ ~ 7 7 ~ i { t~ p`r~pr` ~ t it ~ jjQ. 74 il ~ k ~ $[~ } ~y t, C EI 1 ~ ~ ' ` rl ~ ~ ' Y I •j` ~ S S ~ ~~ l ~t~ ~ f ~ ~~ I i V i ~ ~ ~. I ~ ~ ~ ~ I - ~ ~~ '~ ' , ~ C I ~3 1 ~ ~~ .:~ F I ~ i.~ 1 ~J E i , ~ i yyi t1 ~ { ~ ~~ i ~ ~ ~ J n, ~ I ~ g6 ~ ~£ ~ ~; { ; i ~i_ { 1 I ~ i. ~ t i ' ig i ~ ~ i ~ i i F ` f tp ~1 - ~ P ~ ~ . ~ t II ~ f I. _ .~I ' i ' `i ~ ~ v ~ ~~l ~ 1 1 M{ g ~ . f ~ ~~ ~ R N ~ ~ 1 ~ N ~ ± 1 f~~ ~ ~ . i :',a ~ ' d ~ < ~ j a .'e ~ p t , a ~ i ~ ~ i 4 i y~ } ' 1. 7 I Meridian City Council • May 20, 2008 Page 16 of 53 time frame for us in the -- I forget the date. It was January 8 when the -- when Councilmember Zaremba indicated that the dedication of the right of way should be immediately and that's key for us, because if the dedication of the right of way happen immediately, then, we can start constructing the road, so we can begin development as soon as possible. We have been -- like I said, waiting for several -- two years at least to develop this and we'd like to move on. That was the Center Cal application. Thank you. De Weerd: And as far as signalization, I know that was a concern the first time you came through, so that we knew -- you have 200 plus units that the people will be able to get in and out safety. Is that -- what is the timing of that traffic signal? Anderson: Our traffic report we turned into ACRD, they approved it, and in the staff report -- the revised staff report they included their findings which said that our traffic won't have a significant impact on the intersection. They are charging us one-eighth of the cost of the signal, so that ACHD or ITD, however they work that out, can come in and build the signal later. However, they are not saying the signal needs to be part of it as part of our project. They are saying as other development occurs they will need the signal. So, we are paying for our share. De Weerd: Well, I know, but as I think was part of the -- or what I vaguely recall was part of the discussion before, it is our concern the safety of the public and I think that signalization is a big factor in patting that many units and that many cars with turning movements during that. So, I guess it -- have they given you any indication, ITD, on when that signalization would be available? Anderson: They have indicated -- we have met with ITD as well. They gave to us the plans for the entire intersection, we incorporated those plans, including the striping plan for East River Valley Street that shows a raised median up and to our first entrance and they indicated that as soon as the remaining development occurs, that they will charge the rest of the signal cost to those other developers and, then, will put the signal in at that point. We are being charged one-eighth again. So, from ACHD's point of view, they said we will have less than ten vehicles per hour and they say that's not going to be a traffic issue leaving up to the traffic engineers to decide that and that was the finding they agreed to. De Weerd: Ten vehicles per hour for 204 units? Anderson: Yes. That's what they came up with. That's what the traffic engineer came up with and that's what they agreed to. De Weerd: Yeah. I think we will ask Christie to respond to that one. Anderson: That was our understanding. Maybe she has a more technical answer that could help with that. ' ` 1 ~ } ;' 1 i ~ Fa ~ ~:~ ~ 1 F ~~ ' ~ ~s`i ,~ ~ ~ ~ ~ ' } ff ti ~ ~t ~ t P ~ x J ~ ;~ ~ ~ 1 1, , :' ;~ ! ~ s ~ RS~ ~ ~! '. I~" fl i t~ ~ ,' ,~ ' ~, 2,i '~, '' ~ ~ ~ ~-~ ~ ; i ~! j ; T ~ , ~ , ~ ~ ~~' ~ ~: ~ t ~ ; ~ i ~[ i ~ ' r ~ ~ ~ ~, t ~ ~ { f ~ 1 # ~ r i i ~ f M1 I ~ { t F I ~ ` '~ _ . { . 7 i ~ Meridian City Council • • May 20, 2008 Page 17 of 53 De Weerd: Okay. Council, any questions? Rountree: On that issue, a couple. Lars has indicated conversations with ACHD and getting permission from them, but the access would have to be granted by ITD. Do you have authorization and access agreement with ITD? Anderson: We started that process and because we don't own the land and it hasn't been dedicated yet, we are not able to get that access agreement. So, our application was tabled and they are waiting until that -- until East River Valley Street is dedicated. Rountree: And that's my next question. If you don't own the land and at least what I read there is not a whole lot of interest in selling the land -- or you're not interested in buying the land, you, in good faith, said you would build the road, it seems that we kind of have- in impasse there or you have an impasse there. I'm uneasy with that situation right now. Canning: Madam Mayor? Rountree: Anna. Canning: Maybe I can go through some of the timing. When the minutes were amended the other day, it had -- we are changing the -- from in agreement to immediately, those minutes change you made for January that affected two provisions of the development agreement. One was with regard to the Kleiner north property that this adjoins and, basically, what I would take from that immediately to me means upon approval of the DA. Having no other time reference that would be the very first actions you take. So, they -- the Kleiner north property is required to dedicate right of way when they come in for annexation. So, the minute they come in that right of way is available and could be constructed by Bach Homes. That gets a little bit to the Mayor's timing question as well. I don't know when ITD or ACHD typically obtains those fees. It's probably when the first preliminary plat comes in. The first preliminary plat would have to come in the conditions of approval for the Center Cal and Kleiner properties, have that plat as one of the very first items that needs to occur. So, I think that they would be able to get the money for those -- those light improvements. The other issue I wanted to remind Council of is this is the half mile mark, so it doesn't require a variance from us for this location and they are lining up exactly across the street and that's why the right of way shifted onto the Kleiner's property fully is because on the west side of Eagle Road it was shifted southward a little bit. So, I hope that clarifies a few of those issues. No? Rountree: Well, Madam Mayor, I'd comment on that issue. It's a big if and given the history of that particular piece of property it could be another generation. Canning: Madam Mayor, Members of the Council, yes, it could and clearly their access is contingent upon that property being annexed at this point. I ; ;~ ~ ~ f ~. ~ ; i ? ~ ~ ~ ij' ~ f ~ ~ , ~ ii ~ ~~ '~ ; • ~ ; ~ t; i ~ ~ '~ ~ ; s:9 I ~ +i~ ~ I .'S ~ i . ~ ~ j~i ( ~{ { ~ ~ f i kk ! . e ~ '~ i .' ~ ~ ~ ,~ I ~ i s ~~ . ~ ~ y ~ ~ ~~ ' ' 3 ~_.e ~ L i ~ ~ i ~ s i ;~ ~ i! r r ! n ' ,. ~ , i ~i ~ r ~ ~ ~~ I Ik ~ ~ ~ ~ ~ ~ F `~: ~ ~ Fl ~ ~ ~ ~ ~ ~ F ' c , ~ { ~ r 'l ( ~ ~ 33 ~' t, ~ !~ tt r y ~ t i I ~ . I ~ `f `f i , .t , _ T l L iI i r k {{ ! kl ~~ i i 1. . r 1 ! F S5~ . ~ 1 ~ r r ~ , ~ u" i p ~ , I f ~ ! ~ i~ ~t.~ i ` ~ ~ ~ i I . ~ I ' (j ~ ~ I~ I ~ T ~ ~ ~ ~ ! b R f r ~ ~ t ~ i ~ ~~ ~ I~ ~ ~ ~f e I r, , ~ e , 5 {{4 Y ` 1 ~1 r. ~ > F l[~ Y f ,~ q2 I r -i 7 i Ji I ~' Meridian City Council May 20, 2008 Page 18 of 53 Rountree: And a request to do such. Canning: Well, you have already approved the annexation. It's just the DA. Rountree: But have they approved the DA -- Canning: No. Rountree: -- with those stipulations? It may never happen. Anderson: So, the worst case scenario, the way we understand it, is they would be, then -- then, the annexation that took place January 8th would be void? Rountree: It wouldn't be finalized. Canning: It would be void after one year. Anderson: So, I guess, yes, we are reliant on that being built. We did change our site plan to face River Valley Street. Originally, one of our first site plans we faced Eagle Road and asked for access on Eagle Road and that is why we also had the variance request for access on Eagle Road and I guess we are -- Rountree: My comment's no reflection on you all. It's a problem. Anderson: Yeah. Well, I guess worst case scenario, we would like to -- if it came back to that, we could revise our site plan and come in off of Eagle Road, but that, as you all know, is worst case scenario, we would not like to have another access on Eagle Road. Bird: We wouldn't give you one. Anderson: Yeah. So, essentially, we are landlocked without that dedication of the right of way, which is why we are so -- we needed Councilmember Zaremba to clarify those minutes. Zaremba: Well -- and Ihave -- my -- Madam Mayor. As I'm remembering the discussion, that was the intent, was that they immediately dedicate, so that you are not landlocked and prevented from getting anything. The rest of that argument -- or the rest of the discussion at that time was they didn't know how soon they were going to get there. And we, as a Council, were saying whether you get there that soon or not, the first thing you're going to do is give over that right of way. Anderson: And when they give that we are ready and willing to build the road. Zaremba: So, if I may pursue a question that kind of goes around that. Are you -- do you have any question about where your property line is with them? They seem to be questioning that. Meridian City Council • May 20, 2008 Page 19 of 53 Anderson: No. We have had Scott Stanfield go out and survey the area. Scott, do you want to add anything to that? Okay. We are going to tum some time over to Scott to answer those questions, if that's okay with you. Zaremba: Okay. De Weerd: Thank you. Yeah. And, then, we will ask Christie after Scott to comment. Stanfield: Scott Stanfield with Manson Stanfield Engineering, 314 Badiola in Caldwell, Idaho. Got a list of things and I just added one thing to that. As Lars indicated, we had our ACHD meeting a couple weeks ago and it was on consent agenda. The staff report listed certain series of conditions, which we can comply with all of those, so, there is no problem, in our opinion, with the highway district. Nampa-Meridian Irrigation Board did give us conceptual approval of relocating the Stokesbeny Lateral, aka Downey Sublateral on our -- along our south boundary. That was a key issue in this site layout. Without the ability to locate -- relocate the Stokesbeny Lateral along our south boundary, basically, all those buildings along the south boundary would be gone. So, a huge impact. We did not get plan approval. My goal with Nampa-Meridian was not waste time and efforts on their engineer reviewing the plans and the details, but go to a board meeting with the actual board members and show them our concept and get them to bless off on the direction we were heading and they were pleased with that. We have even offered to put a root barrier along the north side of the Stokesberry Lateral that would allow us to put in heavy -- heavy landscaping on the north side of the Stokesberry Lateral. They have never seen that before and I think they are excited to see this as a test case, to, hopefully, move forward in the future to allow landscaping to occur next to their laterals. So, we are making a lot of ground with Nampa-Meridian, again, directly with their board and they seem to be opening their eyes to some forward thinking concepts, so De Weerd: So, that's the secret, go directly to the board. Stanfield: Yeah. Go to their board. Call a special meeting and go to the board. De Weerd: Note taken. Stanfield: Yeah. We are -- we are doing our part by providing an ingress-egress along the commercial side right here, so that neighboring property owners north, south, and south, can utilize that as a backage road. That seems to be the trend along state highways. You'll see an application a little bit later for this right here, but, again, we are -- we are more than happy to provide an ingress-egress. Not much we can do beyond that, because we don't control this parcel and we don't control this parcel. But being a good neighbor we felt that was necessary to provide that opportunity. We think we have mitigated all of the Council reasons for the previous denial, with the exception of the covered parking and Lars addressed that. Nampa-Meridian is real adamant about no structures within that Finch Lateral, aka South Slough. That slough, if you look at it, it's Meridian City Council ~ • May 20, 2008 Page 20 of 53 more like a drain. It does not have the appearance of a lateral. So, they are concerned about angles of repose, whether it's open or closed, and angle of repose and washing out and future repairs and maintenance on that. So, they are just real gun shy about that Finch Lateral. That was also brought up in our special board meeting as well and they -- they closed the door on any structures within there. So, we hit them with two items. Successful on one and failed on the other one. So, that's why we have to keep that variance request on the table and that is the only variance request. I think our first application we had covered patio -- the parking -- or the patio for each unit, which we are now providing. The Eagle access to temporary roadway, which we eliminated. And, then, we had the variance for the covered parking. So, we are down to just one. Commercial area to the west. Bach, they are not commercial developers. That's just a concept. That's in no way what they plan on putting there. The current plans are just to sell that off and let somebody else deal with access. They just aren't in the business of doing commercial projects. But it's part of the overall parcel, so we had to include some -- some mechanism. The ACHD staff report -- and I know Christie's here, so she can elaborate on that, but as I recall, the original hearing wasn't necessarily River Valley Road, it was the lack of ACHD's input and ACHD's commission's and ACHD's staff on our impacts to the traffic. We had no TIS. We had no commission report. We had no staff report. From I what recall. This time we had that and there is nothing that I found negative in the staff report. So, we have gone and beyond what we did in the first round, which is a good thing. In fact, that's why we tabled this from last month, because ACHD staff acted on the report and everything was fine between us, but ACHD commission didn't act on it yet. So, we thought we needed to wait and clear that hurdle, unlike we didn't in the first go around almost three years ago. We discussed that Center Cal had a condition for their immediate dedication of this with their development agreement. Bach is perfectly aware that if they don't move ahead we are stuck. But we have to move ahead. We are at a point where we have felt we have waited long enough and there is a lot of activity to the south and, hopefully, things will come together. But if they don't, Bach won't get access and they can't build the units and they are perfectly aware of that risk. They could always come in with a variance request for a temporary access, but, then, they are at your mercy again and you made it clear what would happen at that point. So, we just wish you would approve us tonight, knowing that we are all trying to work together and come to a joining point down the road. Regarding the south property line, there is no -- to my knowledge there is no issue on the south property line. The south property line is where it's at. At issue is the alignment of River Valley Road and that's, really, not an issue. It shifted to the south all ready right here and I cannot shift back to this quarter section line to the north, because this section to the west is already built and constructed. So, it has to be shifted to the south. If you remember, our first concept three and ahalf -- two and a half years ago, had it centered on our property and we were quickly pointed out after there through the neighborhood meeting with Center Cal last year that the intersection had to be shifted to the south. So, no property line discrepancy, in my opinion, no right of way location. I mean it is where it is. Our concerns with Center Cal were that if that north right of way line is shifted too far south of our south line, that a spite strip would be created, thereby, blocking our -- blocking our access. But that was taken care of in their -- in their annexation requirements and development agreement conditions, that no spite strips be Meridian City Council ~ • May 20, 2008 Page 21 of 53 created. So, I think that's the property line issue. I don't think there was an issue regarding ownership lines; it was just where River Valley Road is going to be. Some other things that Bach changed was the elevations used. I think Councilman Rountree will remember better. I think your concern in your motion to deny or support the denial was lack of material types provided, lack of roofing type, facades, and Anna went over describing those, so I won't be redundant. But some of you were also concerned about these end units just being a -- just a massive wall. We have added this little pop out here and this roof structure here to kind of break that visual effect up. So, we think we have accommodated that. And Lars already showed the pool area. I think there was concerns about what that final detail would look like. And that pool area, if I could maybe show that one more time, Randy. This is -- believe it or not, this is real close to what that's going to look like. The landscape gurus took this plan view from our colored elevation and did a 3-D rise of it, with these brick cabanas and the putting green area, what you see is pretty much what you're going to get and it looks resort style, in my opinion. So, we have added quite a bit more detail in the pool area. The clubhouse is right back in here and you have seen those elevation views and the plan views in your packet. So, quite a bit more detail on this round. And with that I will try and answer any questions. De Weerd: Okay. Council, any questions? Rountree: I have none right now. De Weerd: Thank you. Stanfield: Thank you. De Weerd: Okay. There were no others signed up to testify. Is there anyone else who would like to testify? Where did Christie go? Rountree: She knew it was her turn. She left. De Weerd: Scott, did you have any comments, any further detail on the traffic counts? Stanfield: I'm going off my memory. Maybe Lars will take a cue and dig it out. But I believe he's correct. It said ten vehicle trips per hour. Apartment complexes are unique. They are not all in the morning, they are not all in the afternoon coming home. Apartment style living is quite a bit different, believe it or not, than the single family unit type living. There is professions here, there is laborers, there is a whole mix of people in a nice apartment complex. So, your traffic counts are spread out all throughout the day is what the IT manual indicates and I think that's where ACHD got that. And I hear Lars thumbing through the report -- De Weerd: Well, Christie's back, so -- ~ ~ ~ : F ~ i ~'; C ~~. ,~ a ,~ y f ~ ~ s ~ 1 I t r ~ ~ i i? 1 ~' 8 E; ~ k : ? € Sd j ~ , ~~ ~ ~ b i ' ~ ~ ~ ~~{ ~ i. y p ;; ; ~ r i t ~ ~ i+ i ~ }~ 7 i. ~ s ~ ~ A } Y ~ ~ I ~ n '' ~ ~~ t ~~ i '' r ,i` ty ~ ~ ri ~ F' yj # ! ! I ~ ~ ' { C ~ ~ S : i ~, ; ~ ! ' " i , i ~ i,: ~ .9 , X ~ !~ ! ry . s~L: ~ ~ F ~ y ~ 1 t ~ ~ ~ ~ ~ r; t 9ffi , {, ~1 I 1 it q _ ~ ,~ ~ ~ i = di ,: y p Meridian Citv Counril . r May 20, 2008 Page 22 of 53 Stanfield: Okay. If she can elaborate on it. So, those were initially low, the way I read the staff report from what I was thinking from a single family unit, because we are used to ten per day per unit, but looking through the IT manual there is some justifications there for the traffic counts on an hourly basis. De Weerd: Okay. Thank you. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: While he's still there, just -- this is kind of going backwards, just a clarification of what I think has been said on the parking spaces. With the exception of right in front of the clubhouse at the main entrance and the parking spaces that are in the easement for Nampa-Meridian, every other parking space has some kind of a cover. Stanfield: Yes. Zaremba: It's either a garage or a carport. Stanfield: Yes. This north boundary, no covered along here. Kind of shaky. I took an allergy medicine Singular and I just found out that they have a new warning label that it causes hand tremors and that really made me mad, so -- Rountree: Just as long as it's not the Council. Stanfield: No. It's the medicine. It's Singular. It's a new warning that they have. My pharmacist told me about that. I said that's where that came from. De Weerd: You should see me on muscle relaxers. Stanfield: It's driving me up a wall, but -- it's probably going away. I bagged the Singular and went to Alavert. Yeah, this will be left open right here. This -- and when we talk the lateral, no covered parking on the lateral, let's make sure we say the Finch Lateral, because we are providing on the Stokesbeny, aka Downey, a garage here. This is left open for the view corridor to the clubhouse. This is closed. Of course, these in front of the unit are closed. So, they -- to repeat, the only open are along the Finch Lateral and right in the entryway. Yeah. And the brown rectangles are carports. The different colored brown rectangles are garages. Zaremba: So, the answer is there are no other parking spaces available that you could add covering to. Stanfield: Correct, Councilmember Zaremba. Correct. Zaremba: Okay. Thank you. 1 f ., t ~ j s ~ f ~ ( i ~ ~~ l ~ i; ~ ~. F~3 ~ ~' 1 ~ ~ t i ~ ''f s I a~ ; K 3} ~ ~ ~ f ; [ _ F ~ ~ ` r~ i G f i~~ i! i~' ~j~. 7 S ~ C 4 ~ ~~ `~ tt , ' e t f. f J ) { ~ j ~`~ L' , ~ Y i ~ ii I ~ ~ i~ ~ `r ~ t3 I '{ ~ ~. t ~ # t~ i ~ ~ ~ ~ f ~ ~ , tt ~ ~ A ~ ~gg '~ ~ ~ ~ ~ y ~~i 1 ~ ~ ' i a ~ + ~ 4 1 z 7 j i' ~ 4 ~1 ~ ~ ~ 0. I: '~ i ~ ~ ? V i , E } r ~ ' ' ~ I ~ ~ lz 1 r i J j I ~ ~ r ~ .: j J ~ 7 • ~ [fir; ~ ~ ~ I ~ i Meridian City Council ~ • May 20, 2008 Page 23 of 53 De Weerd: Thank you. Christie. We want to make sure you don't get bored coming to our meetings. Little: Christie Little. I represent Ada County Highway District. 3775 North Adams Street in Garden City. De Weerd: Thank you. Little: First, let me just read to you a little bit of the traffic study -- impact study that was in our report. And this was taken from Hales Engineering. Our traffic engineer reviews the traffic studies that come our way and reviews the findings and if there is major questions or concerns or deficits, we keep going until we get those. But, generally, we provide the executive summary and with regard to the trip generation, generally speaking, apartments do have a lower trip generation rate per unit than single family dwellings do and with this particular apartment complex project, the daily trips for -- were projected at just over 2,000 vehicles per day. The morning peak hour trips, which are the too busiest hours of the morning, are 157 vehicles per hour. The evening peak hour trips, two busiest hours in the evening, are 189 vehicles per hour. And, then, we have also got trips for weekends. But that's how these trips are broken out. That's how our model is run, using p.m. peak hours. So, that's the same information they gave us there. What were your other questions? De Weerd: Oh, I was just hung up on the simplified ten trips per hour. Little: Okay. Zaremba: That would be the average of the entire 24 hours. De Weerd: Yeah. That's the average. But peak hours are kind of the pique of our interest. Little: And that is -- Madam Mayor, that is how levels of service are calculated and warrant analysis are all based on the peak hour trips. So, we are not looking at the lowest volume of the day, we are looking at the peak hour trips. De Weerd: Uh-huh. Little: And, unfortunately, there is not a lot of information about the signal at River Valley. In this staff report it does say that ACHD is requiring that the applicant provide a road trust for one-eighth of the cost of the signal. These signals that are shared between ACHD and ITD are somewhat difficult and the fact that ACHD doesn't control when the signal goes in and ACHD is expected to fund the signal regardless of the ITD leg. So, there is -- it's not just the applicant raising the confusion, it's just -- that's just what we are faced with. i . ~ ~.~ w ~ i' ~i ! ~ y~`~ i ~' r ~ k ~ 3 ; - t ~ fi ' . . i 4 r ' 6 r t f ~ { ~ l ~ i f~~ ~ . 1 ' ' ~ ! t ~ ~ # ~' 11 ~ i i ~ ~ ! ~j ` ~ ; f G ~ ! ~ ti , ~ l ~ ~ . ~ { ~~ t ' 'I ~ t ~ Txt ~ ; ~ i ~ „ t I ~ _ t ~c lE! E ` : d ~ i ~~ ¢ 1 ~ I rt~~_ ~ ` ~ ~ i ~ ` ~ 1 iF (fl. ~ i ~ t i~ ( ~ { 3~; i i ~~~ ~ F ~ ~ t ~ is ~ i i ~~~ ~:. ~ ~ i ~ ~ ~ ~ ~` s ~ F ~Y~; { ~ y + ~ { Y d ' ~ i i .A''~ 5, ~ {~ ~ ~ ~ x f f I I 3 ~ . ~ ~ ~ K + ~ ~ !~ ~z ~ ~ f f ~ Y la t ~ " i' ~~ ~ a ~ ~ ~ ~ ~ ~ } .s `€ :K . f R r ~ a ~ ~ i~, i ~ F Y ~ ' r E ,~ ~ r ~ ~.~ ' ~ E s r ' ~ ' ~ ~ , ( I ~ , ~ r F I`J ~ ~ i ~~ 1 ~ i ~ C ~ ` I c ~.' ~ . ~ 1 t . y Meridian City Council May 20, 2008 Page 24 of 53 De Weerd: Okay. Thank you. Questions for Christie? Rountree: Oh, Madam Mayor? De Weerd: Yes. Rountree: So, the conclusion, based on the peak hour traffic, there was no signal warrant at this time? Little: Madam Mayor, Councilman Rountree, there wasn't, based on the background traffic. The traffic study did not take into account the specific proposal for the Kleiner property. There was some generalities put there, but it wasn't -- it's difficult to ask people to do that when we have got all of these question marks out in the air. So, with just the background traffic and this application, a signal wasn't warranted. I would anticipate if you put the two together, of course, then, it is. It just wasn't evaluated that way. Rountree: Okay. De Weerd: When is it going to be evaluated that way? Little: When the Kleiner property comes in -- well, first of all, I mean just off the top of my head, I know that a signal won't be warranted with just the apartment complex. So, my guess is that when the Kleiner property comes in or anything adjacent to this site that would be a large trip generator, we would see that, then. Canning: Madam Mayor, might I ask for clarification? De Weerd: Uh-huh. Canning: Do you do that analysis at the time of preliminary plat application or does it have to be actual building? Little: Madam Mayor, we would -- when we get a preliminary plat application, we would review that warrant analysis, then. Oftentimes it's a phased approach, like you have seen with past developments in Meridian, you know, after the 200th lot or after so many trips. So, we do track it by phasing. It would just depend on what they plan to come in with first. De Weerd: I guess -- and, I don't know, maybe our police department can more comment. It concerns me having trips have full tuming movement in this -- on Eagle Road. You know, I guess that has always been my greatest concern is putting more tuming movements in a road that our police and fire already spend a majority of their time on. So, are those considerations when you're doing the determination on if a lighted intersection is required at that time? i r` ~x ' ~e t ~ ~ ~~~' , `~I ~ ~ ~l A s ~ ~ ~ ~ ; t ~ ~ Fl ~ ~ ~ l ~ ~ ~ i y ~ ~ ~ I J ~ F t ' ~ ~. i i -j ~. r I r I ~ F ; ~, ' ~ . ~ i , } k ~ ~ ~ ~ ' ~, t. ~ ~ ~ ~ ~ ki I ~ ~ ~ ~ I. i i 1 ~' ~ i I ~ _ ~ ~ ti~ ~ ~ ~ ~ Y ~' ~ " f t ~$ d dddd I ~ ~ k j i ~ f ~ ~ ~ ~~~ i ~ ~ ~r a R tl 3 ; ~ .i [ ~ I I ~' i' # ~ E , ~~ ~ } F, i f .,E i ? Meridian City Council May 20, 2008 Page 25 of 53 Little: Madam Mayor, generally with signals related to new development, it's specifically related to the engineering standards, engineering warrants, based on the ITD manual. But common sense plays a part in there, too, obviously, and, you know, I was just reading in the staff report here, even -- you know, the staff report spelled out the need for ACHD and ITD and the city to work together to address those concerns and those needs. I think it was just us making the reiterations that Eagle Road isn't under the jurisdiction of ACRD and there is not a lot we can -- we can offer. So, I think that was our way of suggesting that the city could jump in with concerns as well. De Weerd: Okay. Okay. Thank you. Rountree: Madam Mayor, I could make a comment on what Christie said. We don't know where ITD will weigh in on this. I have a suspicion where they will, but they could, as part of their access granting, require a signal. De Weerd: Okay. Rountree: And that would be as a result of a combined study with this project and the application for the current owner. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: It would be my guess that even if ITD did require the signal for the access, this applicant's participation in that signal wouldn't change from the one-eighth that they have already committed to. Rountree: Probably not. Zaremba: It's just a matter of timing on the signal I think. Is that correct? De Weerd: Uh-huh. Okay. Anything further from Council? Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: This is kind of a sideways question, I guess, but there was a time when we had a discussion about putting a deadline on development agreements from the time it was acted upon by the Council to when the applicant was required to sign it and I know we talked about six months, but I don't remember whether we ever really resolved that. Do we have a deadline on DA's at this point? De Weerd: One year. ~ i ~ A E ' ~ { ( ~ ~ 1 r ~ ~. ~ n ' , ~ ~ ~ i " j '. ~ , E ~ ~ ~ ~ - i ~ . ' ~ ~ ,l l i ~ ~ i ,, ~ !1 ~ [ ~ .. ~ ~ ~ ~ s y i~ S ,. j • ~ ' ~ ~ ' r ~ ~ i ~} 1 i i , ; E ~ H11 ~ ~ ~ F E i 1 ! ~ t ~ @ G I i~ ~ ~d ~ ! ~ ~ i~ ~~ t i '. Y i ~~ ~3i . ~ ~ f ~ ~ 9 ~~ ~ ~ 1 p I i ~ y; f ~ + ~ '" s ~ ~ I 1: ~ ~ i r 1 ~ i M i} ~ } .i i ~ y ~ ~ _ ~ ~ , I ~ r 5 i ~ y 4 f i ~ f ~ ~ . ~~ a ' F i ~. ~ ~ ~ ~. ~ f . ~ ~ ~ P 1 j 111 ~' ~ 1 ~ ~~ ~ ~ ' _ i{i{i{ ~ r ~ ~ 1 ~ ~ , Jj; if e,~ ~ ~ ~'~ (~ ~, ~ '~ t. , ~ ~~.~ 'rG ~ I ~ R t i 4 l L ' E ~, ~ ~ ~' I ~ II i ~ ~ ~ k , t 4 t~ yE ~i' II ~C ~,i ~ ~_~ t 1 Q ' t ~ t~ 47+ ~ ~L~ ' ~ i k ~ f~ ~ ~ I ~, ~ ~ F, ~ 1 ~ ~ ~ ~ i ~ ~ I , I I i, ~ r ~ " ~ _ , t ~ : 9 ~ Meridian City Council • May 20, 2008 Page 26 of 53 Zaremba: One year? Okay. De Weerd: Okay. Any other questions? Do you have wrap-up remarks? Anderson: First of all, are we clear, then, on the traffic report? De Weerd: If you will just restate your name for the record. Anderson: Lars Anderson with Bach Homes again. De Weerd: Thank you. Anderson: Do we feel like we are clear on the traffic -- on the traffic impact study, then? I appreciate Christie from ACHD clarifying that and we have the same numbers that she did after I looked at the traffic report and we appreciated that. I would like to comment just briefly on the timing of the signal. It is really out of our control and we are pretty small compared to the rest of the development around there and are willing, again, to follow through with any of ACHD's requirements and pay for that one-eighth of a signal. They have given us the option, as you probably can read in the staff report, to also add the crossing going over the Finch Lateral, in lieu of using our money towards that, because they are very interested in Allys Way continuing all the way to the north as well. So, they are giving us two options in the staff report and we haven't chosen one or the other yet to them that are equal. So, we will -- I guess we will decide that at a later time when we get closer to our final plat. Stanfield: Mayor, Members of the Council, I just don't want to get hung up on this -- oh, Scott Stanfield. On the right way. Rountree: It's not the medication. De Weerd: You were hearing voices. You were. Stanfield: Yeah. The right of way. Again, that all has to come together. If Center Cal and the Kleiners are moving ahead with their development agreement for that portion, that means they are moving ahead with a project. That means the light, in all likelihood, is going to have to go in. That means now we have the opportunity to build that roadway, which means now this signal is going to be there, because there is a reason for it to be there. And without Kleiner's development agreement, that tells me they are not ready to develop, that means there is no signal. That means we are not going to get the right of way, so they are not going to finish their development agreement. So, I think that will really take care of itself once that DA moves forward for their DA number two or whatever they called it on the north side. So, it's not like we are jumping in. We are building thus and, then, we are waiting. The key is that DA and they certainly are not going to pull the trigger until they are ready. So, I hope -- I kind of hope that helps. We are just trying to do everything simultaneously and not miss our window of opportunity and wait for them and come in and -- come in five years later. f L ' ~~~) 4 i ~ 1 ', ~ ~ ~ r E ~ ~ ' : ~ ~ ~ 1~ ~~ 1 ! ~ ~ 1 '~ 1 ~ G r ~ l i '' ~ < ~ < < 1 1 ~ ~ t k 1 fi t ~ i i t ~ I ~, i ~~j :i i~ ~~' ~ ,i -~ P`~ a ;; ~ ~ ~~ F ~ } i ~ ~ ^~ ~ ~ i i i x k ;3 ' ~: ~j ~ ~ ~ _ ~ 1 F i ~ ~} { ~~ 1 ~ ~} { r. F i k I i s ~.. ~ ~ ~ ~ I 1 . f~ 1 ~ ~ 1 F ` ~~ ~f~ 1 ~ Y. ` j ~~f 1. .4. .~ 1'd ~.~ I ' E ~ /~~~. ~ ~ ~ ~ ~} ~i ~, ~ ~ _ Y ~ 1~ R~ ±~ ~ Y l ' j ~ 3 ~ ~~ , ~~~ a i ! ~ ~ ~~ i ii jj F G ~ ~ .~ ~.. q A _~ I ~: " 1 ` + ' {( p ~~~ 1 ` ' lJ ~ y i ~ ~ 1 a { ! f k ~ ~ 5 ~ F i Meridian City Council • May 20, 2008 Page 27 of 53 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: As we continue the discussion, more and more of my recollection fills in as well and I think the upshot of the discussion where we finally made the motion that they would dedicate this immediately and get that into it, was that they were proposing a phasing plan that started from their south and went in like five phases until they got to where this was going to be and they had made the request that they not do anything about this easement or dedication or roadway and knowing that the alignment had to be where it was, that that's what generated the saying, you know, this needs to be the first thing you do is get this dedicated, just for this purpose, so that this property, one, didn't need access to Eagle Road and, two, wasn't held up by a neighbor who was developing in phases from the south. So, hopefully, that DA will get done quickly. Stanfield: Correct. And that was my recollection, too. De Weerd: Okay. Anything further from the Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Question for Anna. On the covered parking, is there an altemate compliance and there are -- some of the things that they are proposing with respect to pathway down the drain and a pedestrian crossing and those sorts of things, as opposed to providing covered parking, was that taken into consideration in the stafFs analysis and is it fair to take that into consideration? Canning: Madam Mayor, Members of the Council, my -- I believe that the altemative compliance is not available for parking standards and this is a parking standard. It's available for shared use and -- and altemate times of use, but that's the only part of the parking provisions that were open to altemative compliance. It's not like a landscape chapter where the whole thing is fair game, there was -- we didn't have altemative compliance for parking standards. Rountree: Madam Mayor, follow up. If you would refresh my memory on the requirement for covered parking. Canning: The requirement is if it's a one bedroom unit, you have to have one covered and one can be uncovered. If it's a two bedroom you have to have two covered. Rountree: And to accomplish what end? i ~ ~~ ~ E ' ~ k ~ ~~ ' i '~ r ' ~ ~ ~ ~ ; ~ ~ ~ 1 f ,~ ; r ' % ' ! I ~ ~ E ~ ~~? # ~ r E ~ t~ I ~ l ' p E ~~, 6 # ~~ 5 ! ' ' ° i i f n ~ k ~ f ~ 1 j ~ ~ ~ ~ ' c ! ~, t ~ ~ ~ ~ l t t 'I }: , t i i , ti ~~ ~ t L ~ I `' .aR k , ,~ ~ ~ ~ 3 ~ t I ~ ~ r c 9 ~ 7 ,i + ~ r l : Meridian City Council ~ • May 20, 2008 Page 28 of 53 Canning: Why do we require the covering? Well, we -- when we were drafting the Unified Development Code we had a developer of several successful apartment complexes in the Boise area come and talk to us and about what are appropriate standards for multi-family developments and he felt that that was really one of the key ones was having the covered parking. I think it was generally that the -- the quality of the development and the kind of presence it makes in the community was much higher than if you don't provide the covered parking. Rountree: And that's my recollection as well, that it -- it tends to not create a situation where you have trailers parked and RV's parked and derelict vehicles parked out in the open and kind of in places that are not seen. And do we have parking requirements in our ordinance that would take care of a portion of that on private property or could we add something to that effect to the DA if we were to consider the variance? Canning: Madam Mayor, Members of the Council, this is a conditional use before you as well. You could just put it in the Conditional Use Permit for the multi-family development would be the cleanest way to go. Rountree: Madam Mayor, another -- another piece --apiece that I'm concerned about and to you all, you have done an excellent job of listening. I think you have picked up on what -- I know what I said anyway and I think everybody else, possibly. But this whole issue of your asking us to give you an entitlement with annexation, an entitlement that could very well -- well, will go with the property, but you may never be able to consummate the deal here and, then, it flips and, then, we have an entitlement and some leverage, I guess, with the DA, but it still could get into a situation where we could be in conflict. My question to Anna with respect to that, can we -- could we condition as part of the development agreement or the conditional use the duration or timing of the annexation, that if there is a failure to annex the property to the south and complete the access, that at some point in time the annexation is null and void? Canning: Madam Mayor, Members of the Council, that's why I walked around to Mr. Baird a bit ago and his -- he was reluctant to see Council go that way. The more appropriate course of action may be to just continue it. And I would even say week by week to see what's happening on the Kleiner property. I had expected to see movement one way or the other on that a couple weeks ago. If it's going to happen, it's probably going to happen soon. I don't -- if it's going to fall apart, it's going to happen soon also. So, that may be the -- a course that the Council could consider as well. Rountree: I guess, Madam Mayor, my issue with that is that this will be a multiple term for me that are not necessarily consecutive, but I can go back about 15 or 20 years and it's going to be real soon now. The history is not good. That's my problem with this, is that we could be, like I said, another generation away from something happening there. Not that the desire to do something out there isn't there, but we just have some issues with getting agreement. Well, anyway -- so, there is hesitancy on the part of Mr. Baird and legal to attempt to do that and if you could help me with that -- Meridian City Council May 20, 2008 Page 29 of 53 Baird: Madam Mayor, Members of the Council, Councilmember Rountree the statute just does not provide for a conditional annexation. Once you're in, the entitlement's there, the property is endowed with it. You can initiate de-annexation proceedings, but you can't condition that into your initial approval. That's why it seems to be that staff is suggesting that the access is a concern, that that be resolved before you make the action of granting the annexation, because that's the hammer that you have to require the applicant to solve that problem. De Weerd: Mr. Baird, I guess my question, then, would be can you annex it on that contingency of the year -- year's time and, then, make the contingency on the conditional use, that it stay under single ownership. If a new owner were to come in, the condition use is null and void? Baird: Madam Mayor, certainly the conditions on the conditional use you could implement, but the annexation would stand. It would be a property that's inside your city and -- De Weerd: But I guess in that year's time, then, you could initiate the de-annexation -- I don't know. I'm just trying to find -- Rountree: Madam Mayor, let me explore another angle here. Now, this dialogue is all kind of along the lines that there is a possibility that somebody's going to move to approve this, but could there be a motion to approve the annexation and hold the ordinance until such time as the access agreement situation is done? I mean we have an applicant, apparently, that's willing to take, in my opinion, an extremely large risk. Now, we can take care of their risk real easy by saying no. Baird: Madam Mayor, Members of the Council, Councilmember Rountree, a couple of things come to mind that I don't want to give you legal advice in an open session. I guess what I'm getting at is once you make a decision on the record, the party that has that in their pocket can take action to force you to consummate and if they are ready to -- Rountree: There is a time limit. Baird: Yeah. Yeah. So -- Bird: Madam Mayor? De Weerd: Mr. Baird -- just a minute, Mr. Bird. Bird: Go ahead. De Weerd: Can maybe this be continued for a week and you can bring back some options to Council to consider? ~.I'ill tl I z~ i ~ $ ~ ~~ ~~ ~ ~ P f ~ + 4 f ~ r 7 ~ ~ ) i ~~ X ! 1 ~1 ~~ .ii ~ ~ 1 ~ 6 9 i r ` ' , ~ ~ ~ ~ ~ ~ r d ~ ~ ~~~ 1' E ~ / ~'~ ~ ~ ~ ~ ~y } ~ ~ ' I 1 C ~'~ i I j ~ r ~ i + 3 4 '. ' FI ~ - `. ~ ' Meridian City Council ~ • May 20, 2008 Page 30 of 53 Baird: Madam Mayor, that's an excellent idea. These things just come up and they do hinge on the statutory language that we might want to take a little time to digest, look at the case law -- De Weerd: Maybe the applicant has some ideas they can work with staff on as well. I guess instead of us trying to create something that might not work for us or might not work for you, it might help to have a week to consider the different choices. Canning: Madam Mayor, Members of the Council, if Council decides to go that way, I would ask that you just leave the Public Hearing open for the question as timing of the improvements and timing of annexation, rather than the project itself. Unless you have concems about the use. If you have outstanding concems about the use, certainly, leave it open, but if not, if we could close that portion that would be helpful. De Weerd: Okay. Rountree: Madam Mayor, my concem is about the access issue and the timing of that and the entitlement if we do something without that. So, I would be interested in exploring that particular issue and, then, making a decision yea or nay. De Weerd: So, you can continue it on -- on that basis. Rountree: Well, that's my position. I don't know about the rest of the Council. Borton: Madam Mayor? De Weerd: Yes. Borton: I agree with Councilman Rountree. That's the focus of my concem and in regard to the other issues, I think I agree with counsel and applaud the applicant in the changes that were made. There is many of them that we have seen and I appreciate it and understand in particular the reason also for the variance, I just throw out the comment that I'm supportive of it in light of what we have heard and the justification and the challenges that the site's provided. So, the focus of my concem also is the timing of that access to Eagle. I'm concerned about annexing and entitling a property without any access or control to have access. I appreciate the applicant's comments on that risk, but I would be inclined to continue -- if a week's enough. It might be a couple. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have a problem, like the other Councilmen, approving a nice development that's landlocked and that's what they basically are is landlocked. I don't think a week from now you're going to have a decision whether that road's going to be available or not. I don't know if we ever are and I don't know how we are going to figure that out. I Meridian City Council ~ • May 20, 2008 Page 31 of 53 applaud you, you guys went back and did everything we asked, you did a beautiful job, it's a nice project, I just wish there was a way we could get you a road down there. But I don't know if we can do it in one week or two weeks or what and have some answers. I don't know. De Weerd: Well, I think Director Canning suggested maybe a week by week, but at least we can get some answers to the access and some recommended -- or some options and I know I don't have my crystal ball with the Kleiner piece right now, but we can see where we are at next week and work with the applicants on the timing of this, so -- any comments from the applicant? Anderson: Our comments are we specifically waited until Center Cal's approval of their annexation for us to even make application and we have been waiting, as you know, several years and, then, last month we were continued again. So, this is a continuation already tonight and our fear is being continued again. We -- because our -- we want to be annexed, obviously, even if the -- a road -- the right of way is up for discussion, that's already been approved -- their annexation was approved in January 8, so we feel like we have already got Center Cal on the hook, so to speak, to dedicate their right of way and so we are following the process every step along the way and that we not be continued, that we get our annexation and our Conditional Use Permit and our variance, so that contingent -- if you can put it in the development agreement, contingent on Center Cal's development agreement dedicating that right of way, we would be okay with that. We understand your position that you can't force someone else to develop, but if we could at least get approval on our piece, then, we don't have to come back for that and we can wait for a -- the development agreement to be approved on the Center Cal property or Kleiner property, however you want to call it. Yes. Again, we are moving ahead at our own risk. As you can see, we put tens of thousands of dollars so far besides the cost of the land into it and so we are anxious, of course, to move ahead and we feel like the apartment community is needed in the city, that we will -- as soon as we build it we will lease it up quite quickly, because it's a -- it's aneed -- multi-family housing is needed in this area. Thank you for your time. De Weerd: Thank you. Okay. Council, what's your direction? Rountree: Madam Mayor, I'll throw something out here as soon as I find a date. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: While Councilman Rountree is looking at dates and if there is -- might be a discussion on continuance, I guess I would ask the applicant -- I don't know, did you travel up here from Utah? Anderson: Yes. We --our office is in Salt Lake City. Meridian. City Council ~ • May 20, 2008 Page 32 of 53 Borton: So, I'd ask you if there is a continuance, is there -- one way we can go is, you know, set it out a ways so you're not making plans to fly up and back every week and, then, if something gets resolved, put it on an earlier agenda. I'm just trying to accommodate travel schedule, so you're not coming back and forth. Anderson: Yes. Of course, if we are not continued, which is our hope, that would allow us to proceed with the process of platting and -- De Weerd: I think you're going to be continued. Anderson: Yeah. We will come back as needed. It's an important project to us. Rountree: At this point the 27th is pretty shy of activity, unless you can tell me Olive Tree is going to take all night. Okay. So, the 27th would not be bad. The 3rd at this point is even lighter, but it certainly will fill in. De Weerd: I think staff can probably have the information back to you next week. I don't know about the Kleiners, but it's aday-by-day process there. Mr. Zaremba. Zaremba: This, again, is a sideways question, but there have been -- the 27th is an election day. There are no city offices up in this election, but there have been times in the past where we did not have a City Council meeting on an election day. De Weerd: Oh, who cares. Zaremba: Is that an issue or not an issue? De Weerd: Is there anyone on Council that cares? Baird: Madam Mayor, if I could chime in on that. We took a quick look at the statutes. There is no statute that prohibits you from meeting. If there is a concern about keeping people from the polls, you can go on record requesting that we not start any public hearings until 8:00 o'clock on that particular night. That will allow you to get your staff reports out of the way and possibly take a short break. Zaremba: Thank you.- That would work forme. Rountree: Given that information, I would move that we continue the public hearings on Items 14, 15 and 16 until our next regularly scheduled meeting on May 27th, directing staff to provide us some research on annexation, entitlements, and if there are any methods in which an application of this type could be conditioned and to accommodate the unknown aspect of access. Zaremba: Second. De Weerd: I have a motion and second. All those in favor of the motion -- l `~ ` s ` a ;, { € G i i~ I ~ ~ ~ l ~ ~ ~ ~' ~ i1 ' t 4 ~ ' ~ I (( ~' y ~ ~ { ~Y- = 1 I~ ~ ~ r~ ~ ~ ~ P i i . ~ _ ~ ` t ~ rr ` ~ F r ~ l ~ ~: ' ~~ I ~i '+ Ai 1 r, ~ r r , is ; ~ . ~ ~ I 3 y i °. ~ ~ ~ s ` 4 T ~ I { f ~ ~ a t ~ ~ `~ ~ { ~ 3 ~ I ; ! } ~ 1 f I I i A .. ~ i ei 5 v i~ i i ~~ ~ 4 3 ~ k ~ ~ F r i ~; ~I i : ~~ Meridian City Council May 20, 2008 Page 33 of 53 Borton: Madam Mayor? De Weerd: There is no discussion on these kind of motions. Borton: Oh. Okay. De Weerd: All those in favor say aye. Any nays? Did I hear all ayes? All ayes. MOTION CARRIED: ALL AYES. De Weerd: Okay. You need additional -- Borton: Madam Mayor? De Weerd: Yes. Borton: Just a question to try and make sure no one's time is wasted. One of the components which seems to be a huge challenge is the execution of the DA on the Kleiner property and without that we might be indefinitely stuck and if that doesn't occur within a week or a month, while we might get a lot of information, are we going to be in a position where we can actually take action? Baird: Madam Mayor, Members of the Council, what I understand the direction to legal staff is to see if there is some tool that would allow you to take action on this application without having that -- Borton: Okay. Baird: -- in place. Again, our off-the-cuff response is that we believe the statute doesn't give us some tools, but I think given a week to reflect on it, do a little bit of extra research, we can come back and definitively give you some options or tell you that annexation is your -- your only hammer. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I need to ask a question. Actually, in a DA we can put stipulations whatever we want in it. A DA is what that is for is to put stipulations and to control development. I -- I don't know. 1 hope that next week, whatever comes back, we at least act on it; we don't jack these people around for another year. Rountree: I agree. Zaremba: That was my intent as well. Do something next week. a ~ ~ ~ ` E ; ~ , ~ ~~ s ~ ; ~ ~ e 2 j ~ ~~ ~ a ~ i ~ i { [ { I ~ ~ ~ ii ~~ 1 k ! ~ ~~ ~ 1 D ~ ~ ~ L ! 0~ k ~ '{ Cu ~~~ 1' ~ F ~. ~ ~ F t l ~ ~ t iI ~ p ~~ ~S ~ ~ ~ I; ' ~ j t G F .~ ~ j~~ I1 ti . , ~ ~ ~ i F ` ; ~ 111 ski G ~ ~ ~ ~ i S ~ I i ~ ~ i ~ (( ~ ~~ ~ M ~ ~ ~ A ~ w `t G ~ c t ~ i k ~ ' ~ ~ ' ~j' ~ ~ ~ . ~ ~ ~ i. ~r. ~ t ~ ! ~~ ~ .~ ~ i ? . ~ of ; ~ ~ - ~ y ~ ~ i t ~ ~ ~ ,~ 1 ~ ~ ~ ~ ~ I ~: , ~ ~ ~4 E ~ i` ~ -, ~ ' , ~ f i ,~ - ~ ~ a ~ ~~; 1! F dd~ I C ~ i ' . P ~ i ~ }., I r "11 ~ ~~ ~ ! ?- , ~ ; f ~ ~, ~ ~ ~ ~. ~ IS1 ~ ~ ~~ 4 '~ I,.~ ~ a~ ;'~~' i ~ , ~ , c o i ~ ~~ . ~ ~ ; ~~y ~ : E ~ 3 ~ ~ S 4 4 ~~ss Meridian City Council ~ • May 20, 2008 Page 34 of 53 De Weerd: Uh-huh. Stanfield: Is the Public Hearing still open? Scott Stanfield -- De Weerd: Well, no, we just, actually, continued it, but if you have a question for clarification. Stanfield: I just want to throw one more option out while Christie's here. We are forgetting about this, Allys Way. I think there is an eighth of a mile or a quarter mile gap. If this falls apart, Bach has spent so much money on interest on this land they are probably not going to walk away from it. We could concentrate our resources on building this gap, instead of this gap. Rountree: Okay. We give you a week to explore that. Stanfield: Yeah. Just another tool in the toolbox. De Weerd: Yes. Rountree: Good point. De Weerd: Thank you. Well, this is continued, Item 14, 15 and 16, until next week. Thank you. Item 17: Continued Public Hearing from May 6, 2008: TE 08-003 Request for approval of an 18-month Time Extension to obtain the City Engineer's signature on the Final Plat and commence the use in accordance with the conditions of approval of AZ 05-016, PP 05-023, CUP 05-024, FP 06-011, PS 07-003 and TE 07-004 for Umbria Subdivision (aka Silver Oaks) by Ten Mile Development, LLC - north side of West Franklin Road, approximately'/ mile west of North Ten Mile Road: De Weerd: Okay. Item 17 is also a continued Public Hearing from May 6, 2008. I will ask staff, Anna -- who is not here. Oh. We will take a five minute break. Rountree: There she comes. De Weerd: That five minutes was very fast. We are still on the record. Okay. Item 17 is a continued Public Hearing on TE 08-003. I will ask for staff comments. Canning: Madam Mayor, Members of the Council, this is a continued Public Hearing for Umbria, also known as Silver Oaks. It is located at Ten Mile and Franklin just west of the future church site and this is a time extension for final plat and Conditional Use Permit approval. I think I have a picture of the plat there. Sorry. --- ~-, II ~ : ~ i `r i ~ ~ ~ , i ~~ ~~? i '~~~ ~ ~~ ~ r '` ~ ~ , ~~ ~ i ~ I . 3 l FF ~',., t ~ E I \ ~. 'f.y i,.~ 1 f ~ ~ I t F ~~ ~ i ~ ~ ~ , ~ ~ ~ !4 ~ r ~. ~ i . ~ ~' i i. } - ~ ~ ~. ~ ~ _ ~ ' ° ~~ i , ~ ~ I ~ + ~ ~ ~ ~ ~ ` s ~ ~ ~ ~ ' i I ~ ~ ~ I [Ir ~ k~k~ ~ t . A l q ~ 1~ ~ k ~ ~ ; i ~ i i j k%- d ~ ~ ~ ~ i ' ~ ~ j i i p: r ~ ~ , k ~. I 1 t' 77 0 ~ tr n ~a ~ 4 Meridian City Council ~ • May 20, 2008 Page 35 of 53 ' De Weerd: I was going to say, that's a nice plat. Canning: There we go. The approved final plat consists of one multi-family residential building lot and, then, one commercial building lot and one imgation lot. The approved Conditional Use Permit consists of a planned development for 70 multi-family structures on a single lot with private public clubhouse, park, and multi-use pathways, zoned R-15 and, then, a commercial day care office building zoned L-O. And those are on the south portion of the site. The gross residential density is ten units per acre. The -- I put county. I must have been doing county stuff today. The city continued the application to give staff time to prepare an analysis of how the Ten Mile plan relates to the property and to find out if the project was required to provide surety for half the cost of the culvert bridge across the Kennedy Lateral. Mrs. Wafters provided Council with a memo addressing both those issues. The short summary is that the land use is consistent with the plan. The collector road, as kind of pulled out that portion there, is somewhat inconsistent, but the applicant is providing a street stub to the west property line. So, right now it shows an arcing collector through the property. Instead, it will follow this line. But it is a public street connection to the west and we were aware of this inconsistency when the Ten Mile plan was developed. The thought was if this project didn't materialize at all, we could look for a different option with regard to the road layout. Also ACHD is holding a road trust for the Kennedy Lateral crossing and, then, finally, the applicant has taken the opportunity to -- during this brief continuation to develop new elevations and site plan revisions that as staff we believe are superior to those previously approved and I can go through some of that with you. You may want to ask the applicant if they have additional information. So, the previously approved site plan is on the right. The applicant is sticking with the general layout, but has kind of called out three different areas and, then, has proposed a specific number of units for each of those areas to provide variety, basically. The color represents variety and, then, the three areas represent variety as well. Here are some of the conceptual building elevations. This is the prairie style. So, these are four-plexes still. There are two entryways there, so you have the four doors, but they cleverly made it look more like a single residential building. Same on these. These are also the four-plexes and this is the -- I can't see that far. Cape Cod style. There we go. These are the Mediterranean style. So, those are all the four-plex units and you can see here -- each of them has a stairway. This is the first floor, so that -- the first floor enters here, but, then, the second story enters from the ground floor and has a stair well. Dean was yelling at me, because I was leaning forward, because I can't see these at all, so -- these are the row houses and this is a different elevation that I think we are going to come up on here. Oops. I must -- I might have missed the row houses. I'll let the applicant go through that. Okay. And with that I'll answer any questions Council may have. De Weerd: Council, any questions? Bird: I have none. Rountree: I have none. Meridian City Council ~ • May 20, 2008 Page 36 of 53 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Even though there are three zones shown with the outlines, it's still platted as one piece of property; right? Canning: Yes. Zaremba: There doesn't seem to be an intent to sell the individuals, to keep the whole -- whole subdivision and operate it themselves; right? Canning: No, sir. The intent would be condominiumize all the units and sell them as individual units. Zaremba: Oh. Okay. Canning: And you will note they are calling them out as condos. Zaremba: Okay. Canning: And the applicant can go through the general quality of the development and the interiors and his vision for the project. He has a much different vision than Silver Oaks originally had. Zaremba: Thank you. De Weerd: Okay. Anything further, Council, at this point? Bird: I have none. De Weerd: Okay. Would the applicant like to comment? Erhart: Thank you, Madam Mayor and Members of the City Council. It's been an interesting evening and thank you for hearing from us. De Weerd: If you will, please, state your name and address. Erhart: My name is Milt Erhart and I live at 9540 West Pebble Brook Lane, Garden City. De Weerd: Thank you. Erhart: And I also want to thank you Anna and her staff. They have been more than pleasant to deal with and work with and truly we appreciate the input that they have been willing to give us. For those of you who do not have the opportunity of watching ., `~ a y d r ' ~ t ~ ~ ~ ~~ a ~ ~ ~ ~ _ ! ~ ~' 111 ~ ~ ~ S ~ ~ t ~ I i ~ ~ ~ ~ ~ s ~ ~ ;~ µ s , ' 1 . ~ ~ ~ 7 222 ~ j ? ' ~ ~ ~ ~ ;I ~ ii ~ r , ;:; ~ s t ~ ~ F ~ s ~ t '~ ~ I~ ~ ~ ? t ~ !. ~ [ R I k ~ ~ ~ Y~ ~ ~ 1 ~ I- ~ ~ .~ ~ ~ f 3 € r ~ r f ! ~, E , I 4 ; G # ~ 1 ~ 3 ~ ~ , ~i 3 ~ '~ `~ 6 ~ ~ ' ~ }. , ~ , f ~ ,I i 1 ~ ~ ~ r? e ~~~ ~ '~ ~, t F ~ ~ i! i ~~ .1 3 ~ ~ ' ! ~ y 7 t ~ ~ i. ~ ~ F ~' , ~ i i ~~ ' ~ ! ~ .! ~ #, 1 ~ ; ~ ~ c ~, ~ ~ ~ ~ ~ ~ i y Meridian City Council • • May 20, 2008 Page 37 of 53 my favorite show, which is American Idol, and I feel sorry for you, tonight was the final, but, apparently, David Archuleta knocked three home runs tonight, so that's -- that's what I got in one of the interruptions of the phone calls. Rountree: Did you Tivo it? Erhart: We are not that sophisticated yet, but, hopefully, you are. Graye Wolfe, who is one of the owners of the property, just came in a second ago and Robin LaBrie is here, who did the revisions as far as the elevations. After last meeting I contacted Robin, because I felt that she had done some very creative work around the valley and she came up with the concepts that you're looking at tonight. Basically, three distinct approaches, row houses, and two different concepts as far as the condos and if you have specific questions you will really want to ask her. And my intent -- our intent, I should say, was to take a sow's ear and tum it into a silk purse. So, I'm hoping tonight that you will conclude that that's exactly what has -- what has happened here. Within these three designs there is three variations within those designs. So, in effect, you will have nine different, quote, looks within this project and the square footage has been increased -- I know there can be some variation, but all of these units run anywhere from a little over 1,200 square feet to over 1,500 square feet, where previously we were dealing with about 1,100 square feet. There are some limitations, of course, due to the footprint that is already there, but I think given that footprint and given the creativity that she's put onto it that we come back to you with what I think could be a very nice silk purse for the City of Meridian. So, with that I'll make no more comments, unless you have questions and specific questions to Robin or to Graye. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: I have none at this point. De Weerd: Okay. Zaremba: Madam Mayor, my original question was on the crossing and that has been answered, so thank you. De Weerd: Gosh, I'll make a comment that I hated this project. You know, I have always been so politically correct. And, you're right, this is just -- you can't even call it even close to the same project. So, thank you. Erhart: Thank you. De Weerd: Okay. This is a Public Hearing. Is there anyone who would like to comment on this application? Okay. I'' ~. ~~ ~, I~~ } fi r i ~~ r t ~? +~ ~ , ~'r ~i l ~r+~ , a=1i'. , i i ~ ~ ~r~ t ~ ~'; i~ ~ ' ~~~ ~ ~ ~#3, Meridian City Council • May 20, 2008 Page 38 of 53 Wolfe: Madam Mayor and Council, I'm Graye Wolfe, I'm a partner in Ten Mile Development, who owns the project, and as you know -- De Weerd: If you will give your address as well. Wolfe: I'm song. 9418 North Winterwood Lane in Boise. De Weerd: Thank you. Wolfe: We sold this property -- actually, contributed this property to a partnership with Rick O'Neil from Charter Builders and Charter was the original applicant on this deal and it's been as painful as what you just mentioned -- it was painful to watch this thing kind of deteriorate and go by the wayside and went into foreclosure. We had a -- we subordinated to a loan with Banner Bank. It's been one thing after another. Finally got the property back. Talked to Milt and Milt's worked very hard, along with his architect, to get this thing to a point where I think we have really got something that's nice here. Joe Stafford and I are partners in the property and we will do just about anything we have to do to make this thing work with Milt. We believe -- you know, and I think you are all aware of the fact that I own the property at Ten Mile and Franklin, worked with the Cherry Lane Christian Church on that project. Own the storage units next to it, so I'm very familiar with the area and the commercial building on the front, the way the property lies, the elevations, it was a challenge to do what Milt's done, but I think he's really pulled it off with his architect very well and I think this is something with -- the whole impact of that areas with the Ten Mile interchange, it's going to be a very very nice thing. If the rail happens, which Ithink -- I'm hopeful that it will, I think this will really add to the area a lot and we are very excited about, hopefully, having you guys be positive about the project now. So, with that I just am very, very positive about what Milt's done and we have turned this thing around I think to a point we finally have something now that will work, instead of what Mayor de Weerd referred to it as, so -- okay. Thank you very much. De Weerd: Thank you. Okay. Any further comment? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would have a question for Robin, if she would be so willing. De Weerd: If you will state your name and address. LaBrie: Robin LaBrie. 288 Sigmore, Boise. De Weerd: Thank you. ~ € y , ~ p 1 !i y ,~ 1. t ~ ?~ ~ k ; p ~ ~ 1 ~ ~ J f F ~ , ~ 1! 1 € 1 @ . i j~ { ~~ I ~.~~6 ~ ~ i 3 ~ y ~ j (~( ! ~ r 1 1' 1 ~ ~ n ~~~ {~ ~~ ~l l ~~ w ~;~ ~~ ~ ~ ~ ~ i ~~ ~ 1 ~ rit {x{ ~ i k 5 9 ~51 aIT I~ ~ 4 '4~ i ~ ~ 1 `~ ~ i ~ ~ ~~ Y '.1 ~.' + ~ .. ~ i.v ~ ~~ ~ + ~ ~ ~ 1~, ~ ~ t ~ 1 y ~ Y: 1t~ ~ '~ i 1 1 ~ I ~ . ~ 1, ! 1 1 i1 '~; ,g3~ ~ r~l 1 f, ~ b ~ r j , e ~ ; ~ ' ; t 7 .` d ~ ~ ~ ~ gg i ~ { { I ' ~ ~~ ~ E p ~ 1 ' ~ d [ i ~ ~ ~ ~ 7 ~ a ~ ~~ ~ r ~ 17 1 ~ ~~i j 1 ~ ~ t ~t~ ~ ~ :w 1. i F ~ r , t S' ! f 1 ' ~ :~ t i ~ 1 ~ ~j ~ ' ` ~' ~ A ' ~ ,4 ~ i b ' r }¢ { 1 ~ ~ ~ tt ` G ; ; F 1 1 'f441 ~ r ~ ~ . ^i . i~~ i ~ 1 _ ~_1 f 'i Meridian City Council May 20, 2008 Page 39 of 53 Rountree: And I don't know if you have anymore on Anna's CD about this project, but if you'd explain your intent and maybe go through some of the elevations and how we get nine out of the three and the difference between a row house and condo and -- LaBrie: Well, he approached me recently, after the last hearing that I was not at, and said that you guys wanted a new look and he wanted to switch it from apartments to condos that he could sell and so the original plan, I believe, just had one floor plan and elevation and that's not what, apparently, you guys were wanting and what he wanted, so what I tried to do is make the units more salable, so what I did is I came up with four different building floor plans. Two of the floor plans have people living on different floors, so you'd have two families downstairs, two families upstairs and that was the layout for two of the buildings and, then, the third building was vertical ownership. What I wanted to do was get the -- the doors on the main level, regardless of where the living spaces were, to make it feel like a home and I don't really like a lot of repetition, so what I was -- what I thought would look good is just to have neighborhoods -- which is on the site plan and drew it in just blue outlines, you know, where you could drive through and you could have a Mediterranean kind of feel and this is all conceptual. I've had like a week to do this. So, you know, just different architectural styles and you could take the three buildings and each one has -- you know, it could be in each of the three styles and, then, Milt and I were talking about, you know, if this all gets going and he starts building it, I can go in and personalize each one, just different colors and maybe change up the materials and at this point just conceptual, make it more interesting, more color, more life. Rountree: Thank you. My comment is we have had applicants that have had six months and not gotten it and you have done very well in a week. De Weerd: You need to do more work in Meridian. LaBrie: Well, I would love to. De Weerd: Or Milt does. Okay. Anything further from Council? Rountree: I have nothing. De Weerd: Thank you. Canning: Madam Mayor, Members of the Council, if you're so inclined, you may want to include the new elevations as substitute for those within the existing conditional use. That's one of the time extensions before you. De Weerd: We certainly don't want to keep the old elevations. Canning: And, Madam Mayor, Members of the Council, with regard to the site plan, they are offering three areas. I'd like to leave them some flexibility, because of the ~ i ' ~ ~ i C ~ i ` ~ ' ~ i ~ I :~ ~ >3' i . ~ t ; i ~'~ ~ i ~ ) r i f ~ ~ 1 ~ ~ i ~ 1 s 1 ' I ~ ~ I ~ C ~ 1 ~ € [ 1 J k ~ ~ ~~ ~ p,;~ ~ l C !~ 1~ a ~ ~ ~ ~ ,~ ~ ~ T~ i I 1 '~ ~ I a 1 ~ ~ f .t ~ 5~~ P. ~ ~ i s r 1 ~ ~ 1 1 !~ ! ; F I 'a i~ t ~ ~ ~ 4 '' t 777 I * { 1 I ~ ~ ~ ~ s , l t H .Y ~ ~ ~ ft t # ~ I i. Y { ~ ~ ~r F ~ ~ ~ ~ ~ ~~ ` : ~ ~ ~ ~ ~ ~ I„~ ~~, ' ~ r ~`{ . 6 r~ , 1 ~ ~ ~ 1~ ~ i~ ~ ~ , ~ j ~ 1 ; ~ I t ~ ~ ~ ~ ~, i '~ ' i o - ; ~ ~ n ~ ~„ ~ F ~ ~ E , i { ~ t 4 I p f ~, } . ~ ~ ~ i ~ y :Y 4 S ~ ! 1 F ! , - . c ~ ~ . j ~ y' i 1 I ~ Meridian City Council ~ • May 20, 2008 Page 40 of 53 rigidness of the road at this point, because it is in -- or the utilities are in. I'd like to leave them as much flexibility as possible on the site layout, would be my only comment. De Weerd: Thank you, Anna. Bird: That's great. De Weerd: Okay. Council, any further information needed? Bird: Not me. De Weerd: We do have an open Public Hearing. Do I have a motion to close? Oh, I'm sorry does the applicant want any concluding remarks? Okay. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Hearing no more, I'd move that we close TE 08-003 Public Hearing. Borton: Second. Zaremba: Second. De Weerd: I have a motion and a second to close the Public Hearing on Item 17. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. Council, you have a time extension in front of you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the time extension to come from May 20th, 2008, to -- let's see, they want 18 months, so that would be November 20th, 2009, time extension. Rountree: Is that with new elevations and concept? Bird: Well, with the -- yeah. And to note the elevations as shown. The three elevations as shown at the May 20th, 2008, Public Hearing to be included. De Weerd: Before I ask for a second, is --did you have a comment, Anna? Meridian City Council May 20, 2008 Page 41 of 53 Canning: Madam Mayor, Members of the Council, I believe the code requires the continuation be based on the date of your previous approval, not on tonight's date, so I'm trying to look that up. I'm a little -- can't go find my staff report -- Bird: I thought that was right, but I didn't know -- I didn't have it, so I just thought I'd use this one. Canning: The date -- it would be 18 months from April 11th is what the applicant said. Bird: From April 11th. So, it would be October 11th, 2008. De Weerd: Okay. Do I have a second? Rountree: I'll second that. De Weerd: Okay. We have a request for an extension of the TE as requested. Any discussion? Borton: Madam Mayor? De Weerd: Yes. Borton: Is it -- is the extension continued upon the replacement of these elevations? De Weerd: Yes. Bird: Yes. That was part of the motion. Rountree: Elevations and concepts. Bird: And concept. De Weerd: Okay. Borton: Thanks. De Weerd: Nothing further? Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: And thank you. Rountree: Madam Mayor, if I might -- and I don't think the rest of the Council knows this, but Milt is one of the folks that have generously donated a whole lot of time to sit on k ' ' - _ _-~'_'~ ~ r-,--,--' ~' ' ~ i ~i-rr ~ - ~ ~, - ~ -- 't l a E i i ~~ .W ~ I I L ~ i ~ 1 ~ p I y y 1'. I ~ p; t ~ ~ tl . ~' ~ { '_ :~~ i ij t~ ~, t '~~ Ef ;; ~ ~ c~ 9~ ~ - E i ~ i r }~_ ; f ; Z~, t t j~. r~; III' ~ i ~ ~~ ~ F I I r ~~~~ i ~.~ i I ~' J` i 4 ~ ~ t ( ~ s. ~ If ~ i { t ~'#~~ I is ~ I I ~ ~ ~ !i ~ ~ s ~: I t ~. ~ - k ,i ~ ~ £ ~ ~ ~ E t I ~ a ~ f << ~~ ~ ~ ~ 7 ~ ~ .~.. ~, _ ~ ~ _ 2~ 7 i , ~_ C• i '1 _ ' is ~'; ~~~ 1 ~~ ~ ~' ~,1 j ~ 3 ~ ~ ~ ~ 3 r '~~: ~ Meridian City Council May 20, 2008 Page 42 of 53 the design -- Meridian design guide review and I really appreciate the time and energy he's put in. He's been very constructive and come up with some very good points, the few times I have been there, and I apologize for that, but he's been a dedicated folk to that process and I think this application reflects his genuine interest in providing an nice product for the City of Meridian. Thank you, Milt. De Weerd: Thank you. Canning: Madam Mayor, I think both Pete and Will would say that sometimes maybe Milt is the only friendly face in the crowed and certainly appreciate his presence greatly. De Weerd: Thank you. And thank you again. Now, I think American Idol is probably over by now, but -- you know, at least you're done here. Item 18: Continued Public Hearing from May 6, 2008: VAR 08-004 Request for a Variance to UDC 11-3H-4B.2.a, which prohibits new approaches directly accessing a state highway to allow a temporary access to SH 55/Eagle Road for Great Wall Restaurant by Kinsan Chan - 2590 North Eagle Road: De Weerd: Okay. Item 18 is a continued Public Hearing from May 6 on VAR 08-004. I will ask for staff comments at this time. Canning: Madam Mayor, Members of the Council, this is the Great Wall Restaurant project. It's located to 2590 North Eagle Road. On the east side of Eagle Road, approximately 2,000 feet south of the Ustick-Eagle intersection and immediately north of the Bach Homes property. Or northwest. The proposed development -- the applicant is requesting a variance from the access to --direct access to the state highway and he is asking for Council to allow a temporary access to Eagle Road for the Great Wall Restaurant at such time as access can be provided to the site, either from the south via frontage road from the extension of River Valley Drive, so going south to the half mile. Or crossing the South Slough and getting -- gaining access from the north. At that point use of the access would cease. They are just asking for temporary access. The property was annexed and zoned C-G, with the Red Feather Estates No. 2 application in 2004, prior to Mr. Chan purchasing the property. Because the use of the site has changed from residential to commercial, access is no longer allowed from the state highway. That's one of the triggers within the code. The owner of the site shall develop or otherwise acquire access to a street other than the state highway and the existing approach shall cease. That's language from the code. Currently there is no other access available to this site, as the adjacent properties have not yet developed and that you heard quite a bit of that discussion earlier. Access to River Valley Street to the south of the half mile, hopefully soon to be extended to the east side of State Highway 55 by this property, is dependent on three other properties redeveloping, these two properties, and, then, the Bach Homes property. Or a bridge must built across the South Slough from access from the north, but we have not had any activity on this property to the north. For this reason neither of these options is likely to occur in the Meridian City Council ~ s May 20, 2008 Page 43 of 53 very near future and for this reason the applicant is requesting a temporary access to Eagle Road until an acceptable means of access is available. To grant a variance the Council needs to make the following findings: One, the variance does not grant a special ,right or privilege that is not otherwise allowed in the district. The variance relieves an undue hardship because of characteristics of the site and the variance shall not be detrimental to the public health, safety, and welfare. Staff believes that granting a variance would allow a right or special privilege that is not otherwise allowed for properties that are adjacent to a state highway. Staff also finds that granting the subject variance would be detrimental to the public health, safety, or welfare and that the potential for accidents would increase significantly with vehicles slowing down to tum into the site and exiting the site and merging with traffic traveling at high rates of speed on the highway. Staff realizes that the dependents of adjacent properties to develop first to supply the access required by the UDC for this property does create an undue burden or hardship for the applicant. However, staff cannot support an access point that would affect the safety of the public. Further, in order to make the findings for approval of the variance you're supposed to be able to make all three findings and staff does not feel that they can do that for the mentioned -- the reasons I mentioned before. Further, the proposed temporary access does not meet ITD standards for access to a state highway. Therefore, staff is recommending denial of the variance application. And with that I will answer any questions Council may have. De Weerd: Council, questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Anna -- De Weerd: You're next. Thank you. Rountree: Okay. Now I know where I'm going. Has ITD provided a letter on this and indicated -- Canning: Yes, they have. I'll have to dig in the file and get it, but we do have Exhibit B- 1, if you have your staff report out. Rountree: No. Canning: Okay. Rountree: I'd have to find it. I thought it easier to ask. Canning: I will do that for you. ~ ~ ' ? ~~ ~ ~' ;F . ~ y .l t t ; ~~ ' ' f o ~ ~~ ! ~~ j F ~ ~ ~ _ i i _ ~ ~~ 1 e I t ~~: i ~ 't r. ~., ~~~ ; 1 ~ k ~ (! id f-~~ 3 - e '~ - j ~ ~. F ~ ~ t ` ~. ~~it ~ ~ 1. ~ ~.~ ~ ~ ~ I I ~ i. ~ ~ ~~ ~ ~ j5 I ~ i f ~ ~ i, { ~ ~ ' ~ ' ~, ~ r : ~ - ~: r r l ~ 9 i ~ w a ~ i ( , ~ 2 ;~ ~ ~ ~ ; g ,~ ~ . ~ ! ~' 1 f i i '~ ~ ~ ~• ~S ~ ~.i t r f f 53 Meridian City Council May 20, 2008 Page 44 of 53 Rountree: Along with that -- and I may have missed this in your -- in your rundown, but in the original granting of annexation is cross-access provided on this piece of property to the properly to the south? Canning: I do not believe so. At the time -- Rountree: Is it the lateral? Canning: To the north is the lateral, the South Slough. Or -- yeah. To the north. Rountree: Okay. So, it would be to the south. Canning: To the south -- no. I don't think we required it at that time. We didn't -- we didn't have the access policies at the time it was annexed and we didn't have much on the Red Feather, these two connecting commercial properties for Red Feather. Rountree: Okay. De Weerd: Mr. Zaremba. Zaremba: Madam Mayor. Would you show a view where you can outline what the underlying Red Feather property was when it was annexed and Red Feather Estates 2, which this is a part, is what is the whole Red Feather Estates 2? Canning: Red Feather -- I can only show you a portion of it. This is the most western portion of the residential development and, then, their annexation parcel was these three large -- or this one very large commercial property. This one, which apparently has an industrial zoning and the Great Wall property. And this was their annexation path for contiguity. Zaremba: Okay. De Weerd: Okay. Council, any other questions before I ask the applicant for comment? Bird: No. De Weerd: Okay. Would the applicant like to come forward? Our process is staff has comment -- sir, hold on. Just a second. Our process is staff comments, then, the Council asks questions and, then, we ask you to come up. Fairchild: My name is Mike Fairchild, I'm the architect representing Mr. Kin San Chan. We ask the Council to table this. We have decided to go a different route. I was just trying to stop all this before -- because we are just asking to table it, we are going to -- we are going to explore different alternatives to this. We don't see that we will get the access anyway. We have got other ideas. We just ask to table it tonight and we will continue it later. ' 23 ~ ~ ~ . F ~. ~ ~ t ~ ~ i~ j yt 4~ ` I ~j{ F I 'S f~ i l N ~r 7i , F v ~ 3 ~ '~ i i q I ~~ j ~~ ! . ~ ; ~~ ~ it ~ ~ i ~ k ~ ~ i ~ ~ °_ x ~ ~ i ~ ~ P . ~ ~ i _ I M ~ C t , r ' ~ i t ' ~ j ' ' ` ~ r t ~ f t ~ , ~ ~'. ' ,i~ 1 ~ ~s . ; a ~ ~ s ~ ~ i j ~ ! ! ~ F 1 '~ _ ~1._ 44 . a ~. Meridian City Council May 20, 2008 Page 45 of 53 Rountree: Madam Mayor, if I might ask a -- De Weerd: Mr. Rountree. Rountree: Do you have atime -- do you want this to stay open to such time as you want to bring it back again or are you going to bring back a different concept? Fairchild: Probably give us at least until the next meeting. Maybe two meetings -- we can probably get it done by the next meeting. De Weerd: So, on the 27th? Rountree: 27th? Zaremba: Madam Mayor, staff usually wants ten days to review anything that's a major change. Rountree: Don't know what the change is. Canning: Yeah. At this point -- De Weerd: Yeah. We don't know if it's major or anything, so -- Bird: Madam Mayor? De Weerd: We can continue it to the 27th or June 3rd. Fairchild: June 3rd. We will shoot for that. De Weerd: Okay. Rountree: Thank you. Fairchild: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we continue VAR 08-004 until June 3rd, 2008. Borton: Second. De Weerd: Okay. I have a motion and a second to continue this Item 18 to June 3rd. All those in favor say aye. All ayes. Motion carried. ~1 € H 1 1 f~, i ~`~` ,, ~ 1 i~ ~ ~ 1 E ~ ~ ',,~ 1_ ~ _ j ~ ~ 1 ~ tit 1 -V. d. r ~ i a r t ~'. ~ ~ 'z ~ i ~; i ` ~t ~~~~. ~ h ~ f i ~ ' ~ is ~' "~ 4 ,~,) ' ~i i ~ ~ '(; ~ a ~~' , ~ 4,~ ~ ~ ~~,:a ~it~ 9" ~ ~r ~ t .xf, ~ F i ~~ } ~ i c• ~ ~ ~.~ ~ ti ~ ~ ~E I I ~ 9 ~~ ~ ~ ~{ t d~ k s ~ ~ ,, ' 3 i ~ _ i i i ~ ~ jl ~ ttl ~i ~ 1 ~ ~, ~ r 5~~{ , Meridian City Council May 20, 2008 Page 46 of 53 MOTION CARRIED: ALL AYES. Item 19: Public Hearing: SHP 08-003 Request for Short Plat approval to create 4 condominiums in an existing 4-plex unit on 1 residential building lot on 0.15 acres in an O-T zone for Noe Valley Condominiums by James McLean and Karen Swett -121 East King Street: De Weerd: I guess it would have been more effective if we had known that prior to the item. Item 19 is a Public Hearing on SHP 08-003. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the -- I think Noe Valley Condominiums. It's located at 121 East King Street and the application before you tonight is a short plat for a condominium. The applicants James McLean and Karen Swett have applied for a short plat approval of four condominium units within one residential building on .15 acres in the Old Town zoning for Noe Valley Condominiums. The building permit has already been issued for the subject building and the building has, actually, already constructed. Staff is recommending approval. The subject property meets all applicable requirements for the short plat for a condominium and applicant has provided a written agreement with the conditions. He is not able to be here tonight, so, hopefully, you don't have questions for him, but to our knowledge there are no outstanding issues before City Council. De Weerd: So, if it's not approved what happens? Bird: They tear it down. Canning: Well, Madam Mayor, Members of the Council, if you're not inclined to approve this tonight, I actually have to go do some research on the state code for condominiums. If the use is already approved, which it is. The use for the four-plex was already approved. I don't know what the state code says in regards to the findings you need to make to deny a condominium plat. Because we required it to be a plat, you have to take action on it, but that's the extent of my knowledge in Title 50 of the Idaho Code. Sony. De Weerd: Just thought I'd ask. It seemed -- Canning: I was hoping you weren't just going to move that way. But yeah. I think what the state code basically says with regard to condominium plats is if the use is already approved, you really don't have much choice, other than to approve the plat. But I can check into those details more if you'd like. De Weerd: I just thought I'd ask. Okay. Council, any questions for staff? Zaremba: Madam Mayor? i L ~ F L ~{ ` ~ C F ~ f 3 ~t ~ S i ;' P ~ r ~ i k ~ I ~~ r ; ~ E . `~`. ~ ~ ~ ~ ~ ~3. '! y ~ ,, . ~ '~ r ~ ,i ~ s~ }, {. I- ~ i ~ e~ F ~ ~ ~ ~ ' ~ ' ~ ~ ; %~ i k ' I ~ W ,~ ~ j i ~ ~ i ~ F ' ~ , ~ ~ ~ ' f' ~ i ~~ '~; ~ e ~ ~ ~ f j ~ +i is 9 ~ ~ ~~I i C ~' ~ ' ~ i ~ ?. ~ E ,? ~~ ` i ~ 1 ~ t `~ S: ! ~ `fir ~ ~ , ~. Meridian City Council May 20, 2008 Page 47 of 53 De Weerd: Mr. Zaremba. Zaremba: Could I ask to back up one slide? I missed the location slide. It went by too quick. Canning: It's the little green dot there. Zaremba: Okay. Got it. Rountree: Just a question. How did we get here? Canning: Madam Mayor, Members of the Council, I don't know when the four-plex was approved. I don't believe that it was approved during my time frame here, so I suspect it's an older unit that just now they are wanting to buy out the existing owner, so they are going through a condominium process. Rountree: Interesting. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think that's probably been built -- when was the permit issued? Any idea? Canning: Let me see if it says in my file. One moment. Bird: I don't think it's a new project. It's been there quite a ways, uh? De Weerd: So, Anna, is it because it was approved as a four-plex and not condominiumized, that's why it's built and -- Rountree: I think that's going way back. I kind of remember it. And that's a stretch. Bird: We've probably destroyed files. If it's over seven years. De Weerd: Probably didn't have paper by then. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: My comment would be that condominiumizing this piece doesn't change the use it only changes the method of ownership, which I'm not sure we have an issue with that. ~' ~ , f j ~ r ~ ~_ ~~ ~ ~ ~ _ } ~s_r ~ { t- i i 1 j f~ -. v~Y f 1 t a ~ r_ {4 ! k. r ~ ; I ~ ~ ~ ; +* ~' i ~ 3'~ J ~' f ~ {,~ ~. °:{ 1 ~ 799 "~ il. ~ ~, f} j I' 1 ti i~`~`.~j~ f. ! s ~ a; y j S v ~ ~ r a ~~9z "z {{~ t{ f~ I ' i r. ? ; i i I ~ j ~ ;~~. lip Y ~ 1 [ ~ ~~ ~ i .i ` Ali ~ 1 ~ t i i -.!: f~y' ~~~ ~ ! ~~~ ~ ~. ~ ~ 131 C ~ t ~ { fS P F 1 S ; ~ 3 ~S ~ ~y ° ~ ~ t ~ ~` ~ ~ _ i ~ i~ {~ i ~ t t ~~ «~ t < , ~ 4 ai 4 1 ~ ~,~ J ~ ~t~ ~ ~ 3~' ~ ~ .i I~ ~ . ~ r F y r ~ °~ a t i r r, i ~ I r 6~ } Ii L f s ~ t Meridian City Council May 20, 2008 Page 48 of 53 Rountree: No. Bird: No. Canning: Madam Mayor, I have an answer. The purpose of this is to allow individual sale of each unit should the applicant choose to do so. The building was built in 2003 and has four residential units. De Weerd: 2003. Okay. Any further questions? Bird: Madam Mayor? De Weerd: Yes. Bird: Hearing nothing, I move we close VAR 08-004. Zaremba: Second. Bird: Oh, wait a minute, I'm in the wrong one. Don't second that. I move we close SHP 08-003. Zaremba: Now I'll second that one. Bird: I'll let you. De Weerd: I have a motion and a second to close Item 19. 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 SHP 08-003, the short plat for four condominiums, Noe Valley Condominiums. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve Item 19. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. •~ ~" r ~ ,~.. ~ ,~r{ ~ s ~ ~ ~ i ~ ` ~ ,~. ~ ,, k'A ' ~ w ~ 7 t ~I i ~~ ~ ~ I f'1 ~t! r :~ ,~ ~ :t 1 ~ ~~' r 3 7 a I- !- ;~ ~~ ~ ~~ ~ '~ Rj ~ ~ ~ I x {` ~r ~ ~ 1#. { `. r s 6 ':~ ~ t tt i } ! 4 < i _ ,~ i Meridian City Council May 20, 2008 Page 49 of 53 Item 20: Amendment to Ordinance No. 04-1067A: AZ 03-034 Request for Annexation and Zoning of 11.31 acres from RUT to R-8 and L-O zones for proposed Razzberry Crossings by Carl and Bonnie Reiterman -south of East McMillan Road and west of North Locust Grove Road: De Weerd: Okay. Item 20 is an amendment to Ordinance No. 04-1067A. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. Meridian Ordinance -- City of Meridian Ordinance No. 04-1067A, an amended ordinance 04-1067A, AZ 03-034, Razzberry Crossing for annexation of property being a portion of Lot 10, Crestwood Subdivision No. 1, as filed in Book 28 of Plats at page 1757, records of Ada County, Idaho, and Locust Grove Road, located in the northeast one quarter of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands be annexed to the City of Meridian and zoning designated R-8, Medium Density Residential District, and L-O, Limited Office District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Okay. Council or Ralph, you have heard this read by title only. Would you like to hear it read in its entirety? Okay. Hearing none -- Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I do not care to hear it read, but my computer crashed before I got to this one and I'm not aware of what the amendment is. What's being changed? Canning: Madam Mayor? De Weerd: Yes, Mrs. Canning. Canning: Madam Mayor, Members of the Council, when staff was working on the final plat, I believe, or -- an applicant came in regarding -- asking questions. Mrs. Vigil realized that the front portion of the property was supposed to have the separate zoning, but it had gotten uniform zoning. So, it's just amending it to be Council's original approval. Zaremba: Thank you. ~ ~~ 1 ~ ~ I ~ ~ ~' ~ ~5 ~ i + ~ ~. ~ ~ ~ l . ~ ~ + I ~ ~~ ~ ~ j r @ e I ~ ` i ~ ~ i ~[ ' ~ t p 1 ~ ~~ ~ ~ h ~ ~ e ~ ~ i t~~ + ; ^6 [~.. 4 . ~ ~ i 4 i ~ . ,~ ~ s ~ ~ ~ ~ ''~ ~ b4 ~ ~ E ~~ ~ ~ ~ .i. N ~i ~ ~ ~ ~ ~ ~ ~ i 1 ~ a gi C I~ ~ h ~ ~ ~ ~ t ~ ~ ~, 4 9 . ,. ~ 1 ~ ~ ~ ~ ~ ~ I` ~ ~', .e ~ 'Z _y ~ ~ ~ ~ ~ i i f ~ p ~ ~ ~ 1 ~ 4 ¢¢¢~ ~~ ~ I ~ ~ , r ! 1 E ~, • t k i ~ ~ a ~ 3 Meridian City Council May 20, 2008 Page 50 of 53 De Weerd: Okay. Thank you. Any other questions? Rountree: I have none. De Weerd: Okay. Madam Clerk, will you, please, call roll. Zaremba: Well, we need a motion. Madam Mayor? De Weerd: Oh. Sorry. Zaremba: I move we approve the amendment to Ordinance No. 04-1067 Alpha. Rountree: Second. De Weerd: Alpha. Rountree: Alpha. Bravo. De Weerd: You have a motion and a second. Hearing no discussion, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 21: Ordinance No. 08-1364 AZ 07-018 Request for Annexation and Zoning of 9.764 acres from RUT to C-C zone for Settler's Square Subdivision by Seagle Three, LLC - 870 West Ustick Road: Item 22: Ordinance No. 08-1365 Repealing Amusement License and Escort and Escort Bureau Licenses: De Weerd: Boy, you'd almost think it was late. Okay. Item 20 and 21 are ordinances 08-1364 and 08-1365. Madam Clerk, will you, please, read these two ordinances by title only. Holman: Madam Mayor, you referred to those as Items 20 and 21 and it's, actually, 21, 22, and 23. Bird: No. No. Twenty-three can't be read with these. De Weerd: I can't do 23 yet. Holman: Oh. Okay. Twenty-one and twenty-two, then? De Weerd: Uh-huh. j ~: ' l `; s a , ' ~ ~p; 1 ' r F Y ~j ~~ ~ ~ i E. - ,t f f 4 ~ ~ I $ K i ,i F ~ °. @ 4 t i Meridian City Council May 20, 2008 Page 51 of 53 Holman: Okay. City of Meridian Ordinance No. 08-1364, an ordinance AZ 07-018, Settlers Square Subdivision, for annexation of a parcel of land being a portion of the east one half of the southwest one quarter of the southwest one quarter of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and temtories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT, Ada County, to C-C, Community Business District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading. rules and providing an effective date. Holman: City of Meridian Ordinance No. 08-1365, an ordinance repealing Title 3, Chapter 3, Meridian City Code, regarding amusement licenses, repealing Title 3, Chapter 7, Meridian City Code, regarding escort and escort bureau licenses and providing an effective date. De Weerd: Now, that one could be an exciting ordinance to read. Any takers? Okay. Hearing no one wanting to hear Item 21 or 22 read in its entirety, motion from Council? Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I move we approve Ordinance No. 08-1364 and Ordinance No. 08-1365, with suspension of rules. Rountree: Second. De Weerd: Okay. I have a motion and a second on Item 21 and 22. Any discussion? Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 23: Ordinance No. 08-1366 Reconsideration for Final Decision Ordinance (1st of 3 Readings): De Weerd: Item 23 is Ordinance No. 08-1366. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 08-1366, an ordinance adding Title 1, Chapter 7, Section 10, Meridian City Code, regarding request ~~ S. 1 _ j t- ~+ f f ~. ~ ~' ~' { 1 { 4 ~ i.--' 1 f' !~ 1 : ; 1 1 c ! i Meridian City Council May 20, 2008 Page 52 of 53 for reconsideration for final decisions of the Meridian City Council of the City of Meridian and providing an effective date. De Weerd: Okay. This is the first of three readings and so we will see this again for the second reading next week. Item 24: Executive Session per Idaho State Code 67-2345(1)(b) - (to consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent, or public school student): De Weerd: Item 24 was requested to vacate. So, we are at the end of our agenda. Council, I am writing a letter and, I apologize, I had Robert draft a letter that I still haven't commented on, but we will be sending a letter to Commissioner Tilman to enter into discussions or -- official discussions on the fuel station, which is underway and -- oh. And the potential -- I'm thinking. And the potential opportunity to have a kiosk or a substation of the county services in our City Hall project. Time is of the essence, so we are requesting that meeting to happen in the near future. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Can lalso -- I think that one thing we need to also discuss -- De Weerd: Can you get closer to your mike? Bird: One thing I think we need to also discuss with them is a west Ada County magistrate court. I think they are interested in that. De Weerd: We can add that -- you know, it's also been a discussion about the probation and parole office. I wanted to get to these more immediate. I can outline those as well. In fact, in light of the recent ruling from the court on Boise's case, we do need to have those discussions. Both Mayor Evans and I did meet with Commissioner Tilman in anticipation of some of this, but as I reminded him, we did ask for a municipal courtroom to be considered as part of our City Hall project. This late in the game is really an inappropriate time to be told we need to provide such a facility. So, I have reminded him of our discussions and we will continue that. At that point he did not know and it -- it's still unknown what the outcome would be, but that will certainly be an item to discuss. I think in terms of that, perhaps we can ask for a joint meeting between Council and the three commissioners if Council would see that as appropriate. Bird: I think that would be very appropriate. Rountree: I think it would. That's not too soon. _. ~ t ~ .t . e ~ ~ ~±JJ ~ f ~ ~ f ' ~ 7 r ~ , l ( h IC 1 ~ ryry CS jj li 3~ 1, i ~ ~ f Y 1 ~ ~ t ~~ 7l 1 ` ~, ~ F[ ~ y i ~ ~ ~ ~ ~ `! 5 J ' ~~ T 1 ~ ~ C Y. I~ . ~ ~ iI '~ ~~ ~ 1 ~ ~ ~ ~ 1 ~ ~ A ti ~ tEt y t ~~ 1 1 ~ f ~ x ' fit ~ t. ~ ~ ~ ~ ~ : i fj } ~ ~ ' ~ ~ ~ ~ E ~ E t: ; 3 I ~ ~ 1 ~~ ~ ~ ~ 1 i ~ ~; i s, ~ ~ ti ~ ~ ~ } ~ r I I ?a ~ ,I B 1 ~ . ~ fi F ~ ii i }f ,~ {' 1 ~ ~ ~ ~ t f t[ } ~ { g ~ ~ ~ iij = j ~. ~ ~ i ~ ~ R Meridian City Council May 20, 2008 Page 53 of 53 Bird: I'm with Charlie, not too soon. Because there are a couple items, Mayor, that I think is very -- it's going to be pressing, to be truthful with you. De Weerd: Okay. Well, on those two items with the -- Bird: The fuel and the kiosk -- De Weerd: Well, the kiosk and the fueling station is more immediate, but I think for our joint meeting to talk about the magistrate, as well as a potential partnership with probation and parole in looking at any future expansion with the Meridian police department. So, we will work on -- on getting them a meeting time set up. Okay. Any further business for the Council? Rountree: I have none. Bird: I have none. De Weerd: Okay. I would entertain a motion to adjourn. Bird: So moved. Rountree: So moved. Borton: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: It is 9:30 or so. MEETING ADJOURNED AT 9:34 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~~~~ MAYOR TA De WEERD / '~ / 2~~° DATE APP`RO+~(EiD-~~r,,,,,~ ~'''' .+` ~ ~~~ r °~'~o ATTEST: ~-' - JAYCEE . HOLMAN, CITY CLARK I, ~ ,~ ~~~iirrrrrt~ ~~~~++++``~ 1 f ±, I 3 i I ~ § ~. 7. i. ~ ~ 1 ; I F i ~i ~ :F. ' i f ~ i ^ i 1 ~ `~ ~ x kk ~ ~~ ~ 4 1~..~ i ~ . 1 [ f ,, ~i } t 1 yt ~ ! 1 I ~~ i ~1. k f ~ j I ~ } ]~ 7 ~ r O ' ~ ~ ~ ~ r ; # ~ :! ff~ i F # ~i~ '~ ~~i'} t r~ 1 („ l I 1 ~ x. ~ j i ;~ A L ~ E . . i } f . ~: ( ~ ~ u _ ~.. € Y~ ! ~' -. f ~ ~~ ~ ~ }~ ~~f{ r J ~', r ~ i ~ yyF ~ ~ S t h ¢~ ¢ c S 3~ ~i k ,. ~ j 1 ~' ~ l 1a ~~ ? s 4 1~ Sr ' i 3 ~ ~ + ' 1 j' i ~ ~ ; is 1 ~;. ! ' F ~~ 1 E ' ~ - i 1 i y' ~ r ` ' t' 4 r ! ,• S ~ ~ .t f~ i i ~' r ~ May 16, 2008 MERIDIAN CITY COUNCIL MEETING May 20, 2008 APPLICANT ITEM NO. 5 REQUEST Proclamation for Recreational Water Safety Week 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Ctiy of Meridian. - ~ k °i ~ I ~' ~ '~ ~ ~ ~ ~ : I ~ge ~r1=1 ~ il $ d 1 ~ i ~ ~ ;I i1 . i f I ~ ~' c~ j k ~ iE ~ '1, i u ~r, i Q i .T ~_ ~ ~. ~~ ~Ji 1 v ~ ; h ; EE i ~ ~: ~ I JJ r I ' ~~ ~ "F i1 ~~' ' 1 l f ~ ~ , l ~ ii i ( i~ j ry 'n 1~ -, ~ /1 i t i ~ t ~ ~ ~ } I lip 1 ~,{ ~, 3 ~ { ~ ~ ~ ;I ~F~ ~ ! i ~" ~ ~ I t ~ ~ ~ ~ t ' ,~ I ~': ~ t { ~ 31 ~ F ~ 'i ;'i ~ ~ ~~ ~ ~ ~ , ~ f I i'~~ xAi ~a ~,, a ~c~ r ~ E IDIAN=-- the Office of the ~-~layor P R O C L .2L ~1~L .~L ~I O N ~Nhereas, swimming and water play are recognized as fun and healthy summer activities for residents of all ages, and 1Nhereas, the City of Meridian welcomes the public to visit its zero-depth splash pad at Settlers Park every summer, and 1Nhereas, the City of Meridian and Central District Health Department are partnering with other area agencies to encourage healthy swimming and water play behaviors, and ?~Y`iereas; the City of Meridian has invested in new technology and taken steps to enhance public safety and awareness in order to reduce water-borne illnesses, and ~Nhereas, it is in the interest of all residents to be aware of and practice healthy behaviors that can prevent the spread of Recreational Water Illnesses, and '1Nhereas, healthy swimming and water play behaviors include: • Not swimming when you are ill • Not drinking the recreational water or getting it in your mouth • Showering before swimming or playing on a splash pad • Washing your hands with soap and water after using the bathroom • Taking your children on frequent bathroom breaks • Changing baby diapers in the bathroom, not out on public surfaces, and ~3~CERE,~ORE, I, Mayor Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim the week of May 19 - 25, 2008, as Recreationall~lTater Safety 1Neek in ~-~lerid~,an Dated this 20~' day of May, 2008 Tammy de Weerd, Mayor May 1 b, 2008 MERIDIAN CITY COUNCIL MEETING May 20, 2008 APPLICANT ITEM NO. 6-A REQUEST Approve Minutes of April 7, 2008 City Council / ACHD Joint Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: ~, V CITY FIRE DEPT: ~ CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. }i t ~~~ ~ ~ r ~ , ~ E ~ Y ~ ICI t ¢ ~~ ~ ~ ~ F ~ ~ ' ~ '~ P t ~ ty I t i. a- I ry I _ `. i I4 ~ ~ ~ $Q ~ I ~ ~' ~ , ~ F #F ! ~ ~ yy55 c ~ r ~', ~ 4 .. k BS 7{` K y 3i i I~~ ~ :~ s a ~ ~E ~ ~s ~ F ~ ~ rye E ~ € ~ ~,I xk ~ ~ ,;~ ~ ~ ~ F ~ ~ ~ ~ ~ 7 ~~~ ~ F~ ~ ~~ ~ ~ ~ F ~ 3 r ~ 1 , I e. ~ F ,.. I 1 ~ I ~ ~ 1 ' ~ r. 1 ~ F 1 - ~ L ~ ~ F - S! ~ ~ l Y ! ~ k ii ' ~ ~ I ~F ~ ~ + t' ~ ~ F - i . i ~ ~ ., i ~l ~ ~ ~~ ~ -i s - ? i '3 ~ 1 ~ ~ ~ t ~ ~ ~' ~" 1 x ~ ~ ~ '-' ~ ~ ~ ~ ~I ~ I~ 'i ± a r r t ~+ i ~ 9 +e 1 -F r _ a May l 6, 2008 MERIDIAN CITY COUNCIL MEETING May 20, 2008 APPLICANT ITEM NO. 6-B REQUEST Approve Minutes of April 22, 2008 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall becom® property of the City of Meridian. `; is ~ ~ y ~ ~ :~ I ~ `rr~< f . ~ r 1 f ~F ~ E G. ~ ~ ~ ~ ~ . ' f6i' I ~ ~ t I , ~~" ' ~t~ ~.., ~ ~, ~ ~ '~ r ~ ~ I ~ f ~ ~ ° ~ ~ ~ ~ z r} .. ~y{b ~ t. ~ ~ ~ 1 _ ~{ f F f ' _, ,_ S 4 { l ~ ~ ~' ~ ~ ?.~ i ~ i, ~ ~4 ~ ' ~ ~Z~f ~ 'f ~f ; F ~ - t ,~ `; ~ f y ~ i ~J d ~~ ' t ~. ~ , ,~ ~ ~ 3 ~ .i : ~ fi , i. ' ~~ ; p.I ~ ~ ~ F . ?I ~ ( 'J5! ~ ~ i I ~ ~ - t y; ~ ~ j i i ~ . f, ~ -' ~' _ ~ ~d ° qg f ~ 1 a, ~ a . ~ ' ~ 7` ~ .3 C 3 . ~ ,~ L. S . 'l ~~ ri J~~ _ May 16, 2008 MERIDIAN CITY COUNCIL MEETING May 20, 2008 APPLICANT ITEM NO. 6-C REQUEST Approve Minutes of April 22, 2008 Pre-Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: ~ ~ ~ ~~~~ I CITY FIRE DEPT. CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. e May 16, 2008 MERIDIAN CITY COUNCIL MEETING May 20, 200$ APPLICANT ITEM NO. 6-~ REQUEST Approve Minutes of May 6, 2008 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: ~ r~ P~ CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: nndtertals presented at public meetings shall become property of the City of Meridian. ~ ~ May 16, 2008 RZ 07-017 MERIDIAN CITY COUNCIL MEETING May 20, 200$ APPLICANT Primeland Development Group, LLC ITEM NO. 6-E REQUEST Development Agreement -Request for a Rezone of 5.29 acres from R-8 to C-G zone (1.62 acres) and L-O zone (3.67 acres) for Verona Commercial Northeast Comer of West McMillan Road and North Ten Mile Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: ~Q ~~~~ CITY BUILDING DEPT: I 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: ~~ l~l "L1L_ ~1 S+~1S~-~ Date: ~ - i ~-D' Phone: Emailed: ~`~,v C1L~(~(~- I f7C'1XX(Aflf~_ f` (` _ Staff Initials: _~~ AAaterials presented at public meetings shall become properly of the City of AAeridian i ~ ~r tt ~I- B i ~ ~ ii ' ~~ { p } ~ ~ ' ri f ~ ~ I Y~ iii ~ i.~ .r ~ ~ ~ ~ ~ i i ~ I T i ~ . ^~, ~ ~ ~j ~y , ~~ ~ ~~ ~ ~ ~ [ a ~ ~ ~, ~ j i kid , ' 's ~ "3 ~ '~ I r } 17. jt k i ~ ~ l~ ~ ' ~ ~ i ~.~~ ~ ~f' ~,~f i W ~~ ,~ ~ ~ ~ .tl~ ~ q , T ~~ - ~..~ t { <. e ~ i ii ~ t { ~. r { ;~ i - ~ f _ F 1 ~ i Y f V 1 ~~ ~ F f F ' i I ~ WW r ~ fGl I~~ PP ~ E '{ .l. ~ '<' ~ '~ . ~I 1 } % ~l y1 2 ' L i ~ M ~ ~ ~ l ~ ~ ~ 7 ~, ~ T ~~ r ~~ i~t I ' ~ k !- - ~ [ 1 1 f . ~ a i 1 1 ~ ~ ~ 1 E ~ i3 ~~ ~Ia ~ '~ j ~ i f 1 iS. ~ k ~ ~ n ~~ ' ~.~ ~ ~ ! ' F ~ ~ 1.. _ ~j III ~ ~ i ~ f. ~ ~~ ~ ~ „dy ~ t i ~ ? , ~ .: r -- - -~ - --- -- - ~- - -- -- ------~ ADA COUNTY RECORDER J. DAVID NAYARRO A(VIOUNT .QO E~ j BOISE IDAHO 06/22108 02;02 Pbl DEPUTY Bonnie Obetbillig Il+ I~'IIII'IIIIIIII~I„I~I'~.I~~'~I I III RECORDED-REQUEST OF 108059800 1 . b9eridien City DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Primeland Development Company, LLC, Owner/Developer ~,~}~, THIS DEV OPMENT AGREEMENT (this Agreement), is made and entered into this I'J day of , 2008, by and between City of Meridian, a municipal corporation of the State of Idaho, ereafter called CITY, and Primeland Development Company, LLC, whose address is 3120 W. Belltower Drive, Suite 100, Meridian, Idaho 83546, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developer make a written comrnitrnent 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-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for re- zoning of the Property described in Exhibit A, and has requested a designation of C-G, General Retail and Service Commercial District and L-O, Limited Office District (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (RZ 07-017) VERONA COMMERCIAL PAGE 1 OF 9 • 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 18`x' day of March, 2008, has approved City of Meridian Planning Department Staff Report, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Staff Report requires the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNE'R/DEVELOPERdegim it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August b, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. 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 phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT (RZ 07-017) VERONA COMMERCIAL ',~' i b' E {r S },~ ~" i ~ ~' ~ , C' !' E° ~~ ~. ~: (; ~.~ ~: t ~ Q { _: ~~ w ~ $ ,. , ,- 3.1..;1 .. ,.:. 9 :.f ~ :1.: ~i•.: PAGE 2 OF 9 ~~ 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Primeland Development Company, LLC, whose address is 3120 W. Belltower, Meridian, Idaho 83646, the party that owns and is developing said Property and shall include any subsequent owners} or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned C-G, General Retail and Service Commercial District and L-O, Limited Office District, attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B which are herein specified as follows: Preliminary Plat of I2 commercial buildings and 2 other lots in the proposed C-G and UO zones on 18.82 acres. The pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this RZ 07-017 application. 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: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: The proposed commercial and office buildings shall be constructed with high quality materials, including but not limited to: stucco, wood and brick, with substantial stone accents, four sided architecture: for retail uses one side may not require full facade treatment if there is screening for the loading area, highlighted main entrances, stamped decorative concrete, flat roofs, accent metal roofing, composite or the roofing materials and variations in colors, roof planes and parapet heights. DEVELOPMENT AGREEMENT (RZ 07-017) VERONA COMMERCIAL PAGE 3 OF 9 ! ~ b t I ~ ~ '? F ,i 1 f `j ~ 1 i' ~~ F t r j ~; , . ~ ~ ~ ~1 ~; 2. Elevations shall substantially conform to the photos submitted with MI-07-013, as set forth in Exhibit D. 3. A minimum of 5 buildings with no one building exceeding SO,000 square feet shall be constructed on lots associated with the Verona Commercial Subdivision. The maximum ailowabie non-residential square footage for this development shall be 225,000 square feet. The development of the site shall generally conform to concept plan in Exhibit C, as determined by the Planning Director. 4. The applicant shall provide cross access from the southern office lot located east of W. Milano Drive to the vacant commercial parcel east of the site. 5. The City Council expects some stamped decorative concrete within the proposed development. 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/Developer or Owner's/Developer'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 Idaho Code § 67-6509, or any subsequent amendments or recodificacions thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developereonsent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and if the Owner/Developer fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner/Developershsll, 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/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or DEVELOPMENT AGREEMENT (RZ 07-017) VERONA COMMERCIAL PAGE 4 OF 9 I ~ f ~ ~ ;~ 1 ~~ 3, ! ~ ~ , ~id ' , i I ~ t ~ S~i~ ~ ~ ~i;. ~;a k ~ r ; ~ ~~. .~ { I fi ~ ( ~ ~ 5 ~ i ~ 1 3 ~, ' l . ~ 3 ' . 2. ~ ~ ; ~ ; i 1~~ ~ ~ u~~ ~ . ~ ~ ~ + ~ ~ ~ ~ ° ~ i xj a F ~~ 1 r~ ,~ ~i f ~ .~r cl ' '~ ~ ~ ~~:~ t ~ ~ "t I ~ 1 ~~ ; ~ i ~~ ~ :~ f ~ p 1 1 ~ >: ~ ~ 1 f ~~ f '3 f ~ ; r ~ ~ ~~ ~ J ~ k~ ~ ~ ~ 1 ~- - )~ ~ ' i ~ { 4 St~ t ~ ~1~ ~ ~ :I' + Y A 7 ~~ I ~ 1 ~ ` ~ ~ ` ~! ~~ ri ~ ' ~ ~ C i ~ ~ ~Y; 1 ~ ~ . ~ ' ~ ~ y ~; 11 rl ', ~ 4 ~ 1 ~ ? ~~ y' d 1 ~ ~ i aa ~ ~ ~ i 1 j ~ ~ ~' 1 ~ ', , ~ i" +I ~ r ...~ I I { ~ ~ [ jT} } i ~ ~~ ~ ~~~ 1 S tr ~ ~ I Y~~ { 1 i ' .3 ~ II . s~ 1 ' I , ~ ? ~ D }l 1 t I~ Y 1 . t'~fi ~ ~ J. . ~ .. t'. ~ ~ ~ 1 L l ] E ~ F•: '~ 1 ~ p A i } i ~ ; ~ r ~ t: 'i ' t i f f ~ ~ t s ~' t i Yk I f Ik{1tk ~ t !!!!~ ~ 5 E, i 5, } t f i 4 .i A ~, ' i ~- :. I i I 1 • terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of any one 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. l0. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost, and submit proof of such recording to Owners/Developers, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 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 orOwner/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 Owner/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 Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similaz causes, the time for such performance shall be extended by the amount of time of such delay. DEVELOPMENT AGREEMENT (RZ 07-017) VERONA COMMERCIAL PAGE 5 OF 9 ~~ ~~ ~ ~' r. i l 1'~, i 1 ~: {fi'. ~ 4 ~~ ~, t '. ~ Y E; ~ ~ ; ~ F - ~~~`~; 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 § 11-5-C, to insure that installation of the improvements, which the Owners/Developers agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner has 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/Developer agree 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: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: Primeland Development Company, LLC 3120 W. Belltower, Suite 100 Meridian, Idaho 83646 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 DEVELOPMENT AGREEMENT (RZ U7-017) VERONA COMMERCIAL PAGE 6 OF 9 ~ 's , ~ € ~: i ; 3 ~ ~. ,, ~~, ~ ;~; ' ~ i Ii 4 ~ ~, , ~~ i I e, , ~ 1 S _ i i~ ~ I; l ' I F; ~' I f!S (. i 1 t. i ~ ~`. ' ~ i , ~: ; f ~' ; ~ i 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 hens, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that OwnerlDeveloper 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/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 Owner/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 re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 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 (RZ 07-017) VERONA COMMERCIAL PAGE 7 OF 9 • • • ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERfDEVELOPER PRIMELAND DEVELOPMENT COMPANY, LLC BY= By. /~` MAYOR T. ATTEST: JA 9~ 'per ~~ DEVELOPMENT AGREEMENT (RZ 07-017) VERONA COMMERCIAL PAGE 8 OF 9 CITY OF MERIDIAN ' • • STATE OF IDAHO, ) ss County of Ada, ) On this ~~ day of ~~-, 2008, before me the and signed, a Notary Public in and for said State, ersonaIl a eared ~~Q.II.~LS •~X~t , P Y P~ known or identified to me to be the~~~ of Primeland Development Company, LLC and the person who signed the above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (~EBERLY WINKLE Notary Public State of Idaho /I~ ~G~~ Notary Public for Idaho Residing at: My Commission Expires: l 7 ~ STATE OF IDAHO ) ss County of Ada ) On this 20 day of m , 2008, before me, a Notary, Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ~lC~;~ '~ ~~, Notary Public for Idaho ' ~ ~ Residing at: ~ . ~ ~ . ~ ;~ ~; ~ Commission expires: G ,~ . . . ~i ~~ ~7~1 ' ~, ~~;E OF~:~'~ DEVELOPMENT AGREEMENT (RZ 07-017) VERONA COMMERCIAL PAGE 9 OF 9 i { ~ [ e 11 ~ ~ #~ ~ f ~ i. ~ r ~ ~ ~ ~ ~ ~. 1 i , f ~ i ' ~' l ~' ~ i; , ~ ~ S ~ '~I ~ ~ ~ F ~ , 4~ -.p ~ ~ i~ ~. I r e ,~ ~ ~ ~ 1 ss S' i ~` n; I ' .~i i f b ~ ~ ~ } ~ ~ ` pG ~ , Y • 'a ~ ~ k~ ~ ~ ; ' k + t'M 3 ~ 3' t .. , ~ ' ~ l~ ~ ~ ` ~ j I ~.; ! I ' ~ ~ { ~~ 4 I , . ~~ ~ k S~ r l ~ ~ {7 ' 5 ~ ~ j ~ ~ 4 f. 5 S ~ ~ i '~ i M i i Y. ~ ^ ~ 55 , ~ ~i t : ,3 i ~ ~ S i ~ s Eacbibit a -Verona Commercial A~~ ^~ 6~uadrant Consulting, inc. Legal Description For Verona 8ubdiyision Pto° 4 Rezone Froni R-8 to L•O Lots 35. and 36. Block 10 of Verona Subdivision Number 2, Book 81 of Plats at Pages 70743x10744; Ada County Recordsand a portion of the Right-Of-Way of Nortii Cortona Way and West McMillan Road, located in the Southwest'/ of Section 26, Toamsfiip 4 North, Range 1 West, Boise Mardian, Ada County. Idaho described as follows: Commencing atthe Southwest comer of said Section 26. thence South 88'5$'18° East, 1038.55 feet along the South tine of said section to the• Point of Beginning; Thence North 01'00'56° East, 240.22 feet along the centerline of said North Cortona Wadi to a point; Thence continuing along said centerline 194.07 feet along a curve to ttie left, said curve having a .radiUS of 300.00 feet, a delta angle, of 37°06'38° and a chord bearng and distance of North t7°30'S9" West, 190.70 feet; Thence continuing along said centerline North 38°02'53 West, 67.24 feet to a point; Thence leaving said centerline South 89'30'1.6° East. 33:60 feet to the Northwest Amer of said Lot 35; Thence continuing South 89'30'16° East, 325.06 feet to the Northeast corrmer of said- Lot 35; Thence South 00°29'44° West, 433.02 feet to the Southeast termer of said Lot 36; Thence'North 88'58'19° West, 20.00 feet along ~tfie Sotrtherly boundary of said Lot 36 to a point; Thence South 00°29'44" West, 45.00 feet to a poifit on the South line of sold Section 26; Thence North 88'58'199 West, 247:85 feet along said South line to the Point of Beginnipg. Said parcel .costa' 33.003• acres more or less. aN~. P -R QC~ t Z ~~ ~ WORKS aEPaT t9Q4 w. Overfhn'd • troise,lD 83705. • Ph6ne 12~J 342.0091 • Fox{2a813a2~92 • Emoil: quadrant~uadranf.cc Civil Engfneering • 3urveyUtg • Conshuct(on.lwonag®ment .~ r ~ ~ ' ' ' ~ ~ ~ ti + ' i ~ Z ~ 5 ~ .i i ~ , C ~ F i b ~ ~ x g 3 t ~ ~ ~' l i i S i f p • ~ k + ~ ~ 1 1 ~ 4 11 ! 1~ ~ , ~ } l 5 r _._ • • -- --. ~~ ®~ 9uadront Consulting, Inc. Legal Description for Verona Subdivision No. 4 Rezone From R~8 to C-G tqt 1 and 2, Block 12 of Verona Subdivision Number 2, Book 91 of Plats at Pages 10743-10744; Ada County Records and a portion of the Right Of-Way of North Cortona Way and West McMillan Road, located in the Southwest'/ of Section 26, Tewnship 4 North,. Range 1 West, Boise Meridian, Ada County, Idaho described as faliaws: Commencing at the Southwest comer of said Section 26, thence South 88°58'19" East, 855.00 feet along tha South line of said section to the Point of Beginning; Thence North 00°21'49" East, 386.94 feet to the Northwest comer of said Lot 2; Thence North 89°36'30° East, 11.7.34 :feet to the Northeast comer of said Lot 2; Thence continuing North 89°38'30" East, 31.24 feet to the centerline of said North Cortona Way; Thence continuing along said centerline 157:52 feet along a curve t0 the right, said cun+e having a radius of 300:00 feet, a delta angle of 30°08'48" and a. chord bearing and distance of South 44`01'37"-East, 155.72 feet; "thence continuing along said centertine South 01°00'56" West, 240.22 feet to a point on the South like of said Section 26; Thence .North 88'58'19" West, 184.55 feet along Said South line to the Paint of Beginning. Said parcel contains 1.623 acres more or less. REVI .. eY ncs ~ z ~~? ~ ~RQ~ g ~ T. 1 ~ip4 w.•Ovedond • Boi~e•. ID 837¢5 • Phone (21342-t1~i • Fo~c {2~i 3aa-f~92 • Emaih gvodroMmquo¢tront.ec Gh~il Engineering • Surveying • Constn,crron management • ^® ®~ 6~uadrant Consulting, Inc. Legal Description For Verona. Subdivision No. 4 Rezone From R-8 to L-0 Lot 1:2, Block 10 of Verona Subdivision. Nurriber 2, Book 91 of Plats at Pages 40743- 10744; Ada County Records and a portion of the Right-Of-Way of idor#h Cottons Way, located in the Southwest Y of Section 26, Township 4 North, Range 1 West, Boise Meridian. Ada County, Id>sho described aS follows: Corrimencing at the Southwest corner of said Sediott 26. thenc:v South 88°58'9.9° East, 13.01.+40 feet along the South liras of said- Section;, thence North. 00 29'44" East, 985.44 . feet along the'Eastedy boundary of said Verona Subdivision Number ~, thence North 89.°'30'16" West, 280.87 feet to ttie Northeast i~mer of said Lot 12, being the Point of .Beginning; 'Thencq South 11'04'28" West, 104.20 feet along the Easterly boundary of said Lot 12; Thence South. 00°29`44" West, 19 OAO feet to the Southeast corner of said Lot 12; Thence North 89'30'1.6" West, 94.54 feet to the Southwest comer of said Lot 9'2; Thence continuing North 89°30'16° West, 29.77 feet to the centerline of said North Cartons Way; Thence continuing. along said r°ent6riine 72.98 feet along a. curve tq the Left, said curve having a radius of 200.00 feet, a delta angle of 20'90'67° and a choM beadng and distance of North 36'43'10" East, 72.57 feet; Thence North 42'49'44" East, 26.98 feet to the Westerly t~oundary of said Lot 12;. Thence continuing North 4'2 49'44" fast, 31.43 feet along the Westedy t~oundary of said Lot 12; Thence North 08'39'53" East, 112.80 feet to the Northwest comer of said Lot 12; `thence South 89'30'1:6" East, 132.00 feet along the Nortteeriy boundary of said Lot 12 to the Point of Beginning. Said parcel cflnta~in~s0~.~669 acres, snore or less. ! ~~~""~ t OCT i 2 207 ailatlctala pual_Ic wOP.iC$ DEPT. 1904 w. 4vertond + Boise. ID 83705 • phone (~$) 34?-0091 Fox 1208) Sag-0092 • EmCiY. quOElront®quodronl.ce CivA Engifteering • Swveying • ~onthuctiop naonagement CITY OF MERIDIAN PLG DEPARTMENT STAFF .REPORT FOR THE KING DATE OF FEBRUARY 26, 2008 STAFF REPORT Hearing Date: February 2b, 2008 ~ T~T /I ~- T~ TO: Mayor and City Council j jt'~j,~ B~AHO FROM: Bill Parsons, Associate Planner 208-884-5533 SUBJECT: Verona and Bridgetower Crossing - N.Q-07-013 and MI-07-014 Request to Modify the Recorded Developments Agreement for Verona and Bridgetower Crossing, by Primeland Development Group, LLC. 1. APPLICANT'S REQUEST & STAFF ANALYSIS NOTE: The ijerona DA modijaeation (MI-07-O13) was previously analyzed as part of the Verona Commercial staff report (RZ-07--017 & PP-07-022). Staff has updated the i~erona Commerciu! staff report by removing the analysis and recommendations for the Development Agreement and incorporated the DA provisions into the subject staff report Furthermore, Staff is now recommending that a driveway access and easement be stubbed to the eastern property boundary of the two office lots (east of Cortona lay) for future connectivity with the adjoining commercial property. Staff requests that an additional provision be added to the new Development Agreement being proposed with the Verona and Bridgetower Crossing miscellaneous staff report and that the subject preliminary plat conditions be consistent with that requesar The applicant, Primeland Development Group, has submitted Miscellaneous Applications (NII) requesting modification to the recorded Development Agreements (DA) for the Verona Subdivision and the Bridgetower Crossing Subdivision. NII-07-013 -The subject Development Agreement was recorded for Verona Subdivision on June 13, 2003, as Instrument No. 103097612, records of Ada County Idaho. The applicant is proposing a first amendment to the DA by amending Section 3 "Definitions" modifying sub-section 3.4 "Property" excluding the Verona Commercial properties (proposing to concurrently rezone from R-8 to C-G and L-O (see frde #RZ-07-017) of the recorded DA for Verona Subdivision. Staff is recommending that these azeas be removed from the current DA for Verona and instead be subject to the provisions of a new DA with the language/restrictions provided by Staff below. The existing Verona DA applies to approximately 62 acres located on the east side of N.Ten Mile Road, north of W. McMillan Road and approximately a half a mile south of Chinden Boulevard in Section 26, T. 4N., R.1 W. The Verona Commercial site is located on the northeast corner of N. Ten Mile Road and W. McMillan Road and incorporates approximately 19 acres. The site is currently vacant and the applicant is proposing the site develop with a mix of non residential uses. MI-07-014 -The subject Development Agreement was recorded on November 8, 2001, as Instrument No. 101117652, records of Ada County Idaho. The applicant is proposing a first amendment to the DA by amending Section 3 "Definitions" modifying sub-section 3.6 "Property" excluding the Bridgetower Crossing Office and Commercial properties (proposing to concurrently rezone, from C-G and R-4 to C-N and L-O (see frle #RZ-07--022) of the recorded DA for Bridgetower Crossing Subdivision. Staff is recommending that these areas be removed from the current DA for Bridgetower Crossing and instead be subject to the provisions of a new DA with the language/restrictions provided by Staff below. The existing Bridgetower Crossing DA applies to approximately 580 acres located south of McMillan Road, east of Ten Mile Road, west of Linder Road and north of Ustick Road in Section 35, T. 4N., and R.1 W. However, two projects (Bridgetower Crossing Office and Bridgetower Crossing Commercial) are Verona and Bridgetower Crossing MI CITY OF MERIDIAN PLAID DEPARTMENT STAFF REPORT FOR THE G DATE OF FEBRUARY 26, 2008 driving the DA modification. These two projects only include approximately 26 acres. Rather than modifying the overall (original) Bridgetower Crossing DA, Staff is proposing to remove these areas from the original DA and draft a new DA for the two new Bridgetower Crossing projects. The sites are currently vacant land with a mix of residential, commercial and office uses surrounding the proposed projects. UDC 11-SB-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. The City has sent out notices of the subject request in accordance with the current standards for public hearings ,(see Section 4, Process Facts, below far publication dates.) There are no required findings for a miscellaneous applicationldevelopment agreement modifcation. Below, staff has provided the most pertinent facts and analysis related to the proposed development agreement modifications. At the Planning and Zoning Commission hearing on December ZO"', Staff recommended the applicant modify the existing Verona DA to allow more office lots and include the Bridgetower commercial lots as part of the revised Verona DA. Instead, Staff now recommends the applicant modify the existing Verona and Bridgetower Crossing Development Agreements to exclude the commercial and office areas and enter into three new Development Agreements to govern the Verona Commercial Project, Bridgetower Crossing Office and Bridgetower Crossing Commercial Projects with the language proposed below. 1VOTE: The applicant submitted three concep_„plans or the Bridgetower Crossing Commercial project. Staff has inserted all of'the applicant's concep^ plans in Exhibit B includin them preferred conce t lan conce t .Ian 1 and also the conce .t lan recommended b the P&Z Commission in Exhibit B 2&Z Commission content plan) The applicant is asking for flexibility in the number and srze o the buildings that will be allowed/re aired on this site. however the Planningt and Zonis Commission recommended a rovin a conce t dan or the site as ro osed b sta and shown in Exhibit B. Sta„tf is recommending approval of the applicant's request to amend the Development Agreements for Verona and Bridgetower Crossing Subdivisions, as modified by City Staff below. Existing DA Modifications Staff recommends that the Council direct the City's Legal Department to draft modifications to the recorded development agreement for the Verona Subdivision as follows: • Section 3 -Definitions Modify sub-section 3.4 "Property" to exclude the areas as set forth in Exhibit C (pages 1- 6) which identify the Verona Commercial properties, respectively. Staff recommends that the Council direct the City's Legal Department to draft modifications to the recorded development agreement for Bridgetower Crossing Subdivision as follows: • Section 3 -Definitions Verona and Bridgetower Crossing MI 2 - ~ 1 _ ~ ~ r a F -- i t ~~ i ~ ~ ~ ~~] i ' ' ~ ' i ~ ~ f ~ ' ~ ~ , { i - 1 ' ~ ~ { ~ y ~; ~ 1 ~ 1 ~ ~ ~ ~ . f ~; « ; h- ~, E~. 1 `` tR i ~ ~' ~}}3 t ,'~~~ ~ ~ n ~ I , ~ ~ ~ , ~ p ~ ~ ~ ~. ~ ~ ~. ~ a F IS It i ~w ! ~ ~ 1 I ~ ~ ~ ~ t t i ! (; E~ ~ ~ i 4Y ~ ~ ~ i ~ ~ i ~ ~ ~ ~ j ~ 5 I a v ! ~ ; r, ~ ~,~~ , r 1; ! ~ 1 ~ ~ ?1 ~ 1~ ~ ~ ~ ~~ ~ 1 i ~ t ~. ~ i B ~t; ~ . ! F ~ 1 t i 2 ~ ~': i ~ ~ ~ .1 ~ ~ n ~i'~ , 4 ~ ~ i* ys ~ 1 } ~k ~ ~ • ~ ifs ~ ` ~ - ~ .a t ~ 1 ~ ~ CITY OF MERIDIAN PLANN~~EPAR'TMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 26, 2008 Modify sub-section 3.6 "Property" to exclude the azeas as set forth in Exhibit C (pages ~- ~4 -14 which identifies the Bridgetower Crossing Office, and Bridgetower Crossing Commercial properties, respectively. New Verona Commercial DA The area proposed for the commercial area was originally subject to both the Bridgetower Crossing DA (the properties now zoned C-G} and the Verona DA (the properties now zoned R-8 and proposed for L-O and C-G}. Staff is tying the developer to the elevations submitted with the subject MI applications. By developing a new DA for the commercial and office area, Staff believes that this will allow for more efficient implementation of the DA over time and more timely development of the property. Staff recommends that the Legal Department draft a new DA for the Verona Commercial properties that includes the following provisions: • The proposed commercial and office buildings shall be constructed with high quality materials, including but not limited to: stucco, wood and brick, with substantial stone accents, four sided architecture: for retail uses one side may nit reou;re fi,II farfl.~P +~~+•~•~..+ ,f+t,o=e ;~ r,.,.~nin~for the loading area... highlighted main entrances, stamped decorative concrete, flat hoofs, accent metal roofing composite or file roofing materials and variations in colors, roof planes and pazapet heights. • Elevations shall substantially conform to the photos submitted with MI-07-013. • A minimum of 15 buildings with no one building exceeding 50,000 square feet shall be . constructed on lots associated with the Verona Commercial Subdivision. The maximum allowable non-residential square footage for this development shall be 225,000 square feet. The development of the site shall generally conform to concept plan in Exhibit B, as determined by the Pl nnin 're-~`~or • The annlica_nt shall provide crocc access from he ou hem office lot located east of W Mihnn Drive t0 the vaunt ~nmmPrrial namPl eact of the cite [mayor and City Council: please note Staff is recommending that an additional provision be added to the new Verona Commercial Development Agreement that a driveway access be stubbed to the eastern property boundary of the two office lots (east of Cortona Way) for future connectivity with the adjoining commercial property.] • The City Council eY*+P.rtc cnmP etamnP~decOratiVP CAnCr tP within the nrnnnepr~ develonmen New Bridgetower Crossing DA's When the Bridgetower Planned Development was originally approved, the applicant did not have a cleaz vision for how the commercial and office sites would develop. With the approval of the AZ/PD, the City Council conceptually approved the commercial portion of the development and allowed office uses within an R-4 zoning district. The current DA required the applicant to amend the Comprehensive flan and rezone the office lots prior to issuing a building permit. The commercial lots were also subject to CUP approval as no concept plan was presented to City Council at the time of the initial approval. Since that time, the Future Land Use Map has been amended by the City to reflect these approvals. Because the applicant now has a concept plan for the both the Bridgetower Crossing Office and Commercial Projects (attached below) reviewed concurrently with this application and' included in Exhibit A, Staff believes the applicant should no longer be subject to the above mentioned CiJP requirement. However several of the approved office Iots have not been rezoned to reflect the City's changes to the Future Land Use Map and staff is not supportive of removing this requirement until such Verona and Bridgetower Crossing MI 3 CITY OF MERIDIAN PLANN~EPARTMENT STAFF REPORT FOR TIC HE~G DATE OF FEBRUARY 2b, 2008 time as all approved office lots within the Bridgetower Crossing and Bridgetower Crossing East Subdivisions are rezoned to L-O. By developing a new DA for the commercial area, Staff believes that this will allow for more efficient implementation of the DA over time and more timely development of the property. Staff recommends that the Legal Department draft a new DA for the Bridgetower Crossing Office properties that includes the following provisions: • The proposed commercial and office buildings shall be constructed with high quality materials, including but not limited to: stucco, wood and brick, with substantial stone accents, four sided architecture: for retail uses one side may not require full facade treatment if here is screen' g_for the loading area.. highlighted main entzances, stamped decorative concrete, ~1 tg roofs, cce metal roofing- composite or the roofing materials and variations in colors, roof planes and parapet heights. • Elevations shall substantially conform to the photos submitted with MI-07-014. • Development of the property shall generally comply, as determined by the Planning Director, with the conceptual site plan submitted with MI-07-014. A minimum of>3 buildings with no one building exceeding 15,000 square feet shall be constntcted on lots associated with the Bridgetower Crossing Office Subdivision. The maximum allowable non-residential square footage for this development shall be ~37;~§81~~9 square feet. • The development of the site shall generally conform to the concept plan in Exhibit B. • The City Council expects Mme amnPrl ~Pr~*'ative concrete wi hin the nronoced dpvPtr.nrr~P t, Staff recommends that the Legal Department draft a new DA for the Bridgetower Crossing Commercial properties that includes the following provisions: • The proposed commercial and office buildings shall be constructed with high quality materials, including but not limited to: stucco, wood and brick, with substantial stone accents, four sided architecture: for re ail ~ e one ide may not rea~re fill fagar a treatment if therPi~c~creening_fo~ the loadinu are?._ highlighted main entrances, stamped decorative concrete, f~1,~1'. , cc metal roofing. composite or file roofing materials and variations in colors, roof planes and parapet heights. • Elevations shall substantially conform to the photos submitted with MI-07-014. • Development of the nronerty shall generally comply ac determine.~bv the Pla n'ng Director, a mrnrmum of 4 buildings with no one building exceeding 33,725 square feet shall be constructed on lots associated with the Bridgetower Crossing Commercial Subdivision. The maximum allowable non-residential square footage for this development shall be S9~A .000 square feet. • The development of the site shall generally conform to the con~cet t clan 1.3 or an_v combination of 1 nd in Exhibit B. [City Council: please note that in the concurrent preliminary plat and rezone applications, the Planning and Zoning Commission has included a recommendation to modify the concept plan for the site. Staff has attached a copy of the concept plan in Exhibit B.] • e c' e d ete e Staff recommends that an amendment to the recorded Development Agreements,_, for the ,Verona Subdivision and Bridc~etower Crossing Subdivision be approved and three new DA's be recorded to govern each of the Commercial developments as proposed by City Sta,~'above Z. LOCATION & SURROUNDING USES The Verona Commercial Project is located at the northeast corner of W. McMillan Road and N. Ten Mile in Section 26, T.4N., R.1 W. Verona and Bridgetower Crossing MI 4 CITY OF MERIDIAN PLANNRV~EPARTMENT STAFF REPORT FOR THE HEA~ DATE OF FEBRUARY 26, 2008 The Bridgetower Crossing Office Project is located at the southwest corner of W. McMillan Road and N. Linder Road in Section 35, T.4N., R.1 W. The Bridgetower Crossing Commercial Project is located on the east side of Ten Mile Road and approximately 400 feet South of McMillan Road in Section 35, T.4N., R.1 W. a. Adjacent Land Use and Zoning for Verona Commercial 1. North: Vacant office lots and Single family residential, Verona No.2 and 3; zoned L- O and R-8 2. East: Vacant commercial land; zoned R-4 3. South: Bridgetower Marketplace and Single family residential (Bridgetower Crossing No. 7); zoned C-G and R-4 4. West: Vacant, Volterra. Subdivision; zoned C-G b. Adjacent Land Use and Zoning for Bridgetower Crossing Office 1. North: Vacant; zoned C-G 2. East: Single Family Residences (Ada County) and Cobblefield Crossing; zoned RUT and R-4 3. South: Single Family ResidencelAgricultural Land; zoned RUT Ada County 4. West: Bridgetower Crossing No. 11 and 12; zoned R-4 c. Adjacent Land Use and Zoning for Bridgetower Crossing Commercial 1. North: Bridgetower Market Place; zoned C-G 2. East: Bridgetower Crossing No. 5 and 7; zoned R-4 3. South: Bridgetower Crossing No. 2; zoned R-4 4. West: Vacant, Volterra Subdivision; zoned C-G and L-O 3. PROCESS FACTS a. The subject application will, in fact, constitute a development agreement modification as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: February 4, 2008 and February 18, 2008 c. Radius notices mailed to properties within 3.00 feet on: February 1, 2008 d. Applicant posted notice on site by: February 16, 2008 e. Section 4.2 of the recorded Development Agreement for Bridgetower Crossing currently states: "No change in the uses specified in this Agreement shall be allowed without modification of this Agreement " 4. RECOMMENDATION: Staff recommends that an amendment to the recorded Development Agreement for the Verona aad Bridgetower Crossing Subdivision be approved and three new Development Agreements be recorded to govern the Verona Commercial Project, Bridgetower Crossing Office and Bridgetower Crossing Commercial Projects as noted in Section 1 of the Staff Report above. Staff further recommends that the Mayor and City Council direct the Legal Department to draft an amendment Verona and Bridgetower Crossing MI 5 ~ , t i 1 t! ~ F ~ '' S i 3 I:~ f a ` ~ ~ 7 , ~ ~ i ~ ' ~ i I r ~ ~ LL_ j \r ) ~ r 6 ~ I~ y I.,tl ~ g 5 3 Iy . ' t ,, I ~ ' ~ ~ ~, ' ~ ~ t f+ ~ ~ ~ r ~ ~~. X 31 ~ ~; I `~ n f t _ 1 tl ~I ~ .I r ~ ~ '~ C pp i i'c r i ~ ' I T ~ ~ { ~ i„~ 999 t i ~ I -. k p i g . t Y i ~ ~ ` ~ [ a 1 S~' ~ 4 ~ !I y I ~ ~ ; ~ `` 4 ~ i ` ~ ~`~ ~ ~ f ' ! i~' i ~ ! ~~ ~ . ~i j j F ~ h ;~ l~lJ '~ I ' t ~~ ~ yy ' ~ ~ ~ g~ ~ I ~ 7 j+. !i ! ' ti 'j ~ i ~ ~ s ! E , '} ~r 111 ~ t . ~ F i r~ i ~ ~ ~ i ~ ~ ~ _ ~ ~. RP~!.71~ i I A ~ ' ~ ~ ~ ~ ~ f ~ h . . ~ 1 ~~f )L~ ~ ~ r t ~ :~ ~ ~ t i 4~ ~ ~ ' f t ~ ' ~ 1 I ~ ' ,~ ' ~ I ~ t. ~ ,1 ~ ~, , I i w ~ ` ; , ~ ~ :, ~ ..~ , ) i F , ~ _~ CITY OF MERIDIAN PLANN~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 26, 2008 to the Development Agreement for Bridgetower Crossing Subdivision and the Verona Subdivision that includes the modifications listed herein and includes a copy of the submitted Concept Plans, and that the current Owner/Developer, Mayor and City Clerk sign and then record said document. S. EI~1~lfTSs A. Vicinity Maps {3) B. Concept Plans 1. Verona Commercial 2. Bridgetower Crossing Office 3. Bridgetower Crossing Commercial (3) - Planning and Zoning Recommended Concept Plan C. Legal Descriptions and Exhibit Maps D. Elevations Verona and Bridgetower Crossing MI 6 CITY OF MERIDIAN PLANN~ DEPARTMENT STAFF REPORT FOR THE HEG DATE OF FEBRUARY 26, 2U08 Exhibit A -Vicinity Maps Exhibit A 1 Y i ~ p , i F I ' ~ i ~ ~ ~ ~ ~; i I y s ~ ~ ~ ~ °' , ~ ' ' ~ k'i ~~ ~ <; { ~ t i 1I `t ~.~ V(CINlTY MAP ~~C?uadrant Consulting, Inc. ADA COUNTY SFC. 28, t-aN, R-f 6v ~AryO ,qp, y, p~,grro ~p SG40E: PRO:FECT NO. DkiE: PAGE: ems ~1O BJ70S "=JOO' 39S-OJ O8~ t8 ` !?08) Jag-COS2 ~+IXeE (II08) Jc2-~8? FMt / /20D7 SHEET 7 QF 4 rnr. r __~.e.~..._ __.._~.~__ _ CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE G DATE OF FEBRUARY 26, 2008 Exhibit A CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEAL DATE OF FEBRUARY 26, 2008 Exhibit A CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAI~I~G DATE OF FEBRUARY 26, 2008 Exhibit B -Concept Plans ..... . .... . .... _. _.._..._._.._..__..~...__._.... .,._.,...~...~._. __._ Exhibit B 1 [ ' ~ l ~ ~ ~ ` ' j} € ' FF ~ ~ } ~ 3~ ~ ~ i i ( r G ~~ ~ y ~ i { s ~ F y ~ I f F ~ ~ '~ { { ~ 3 ~ f F. i ! 1 1 Z ' ~ ' ~ ~ ~ ~ ~ 1~ , ~ .h r f •~~ , t ~ ' ~ f} ] {' it '._E ~ ~ ' i. 7 f F . i. ~ sj 1 ~ ~ ~{ ~ 1 ~ ~ , i, r '~ ~ ~ ' ~ i tt ~ ~S1 i I ~ ~ ~•~ ~ 4 y ' 4 ~ ~ ~ E ~ ~ ~ ~ 1 %~ 1 S 4 ` ' i iii: i [ 1 4 1 ~ i ~ ~ ~. ~ ~ ~ ,~; ~ ' ~ ~ ~~~ i I I + _ ~ I c ~ ~ ~ ; ~ ~: ~ ` ~ ~ 1 y j ~ r- i u £ id - i 1 ~ I~ i S ~ ~ j a d ~ i i .t , Y {, , ' ~, ! f i 1 n c 1 t ~ 9 1 i { it 1.~~ ~ ~ ~ ~ ~ !+ ~ ~ 1 A h k f I 'i 1 1 ~ V ~ ~, i i~, ~ ` y ~ ~ ~ ~ ~ ~ ~ i ~ ~ ~ 1 ~ k i ~ i ~ ~ ~ d~ #: c ~ +~ i i~ ~ ' ~' _ {~ i ~ ~ ~ 5 ' ~ e i ~ ~' ~ ~i. w L a ~ r' ~ G i ` ~ i tt 1. '1 _j ~ ~ # [ CITY OF MERIDIAN PLANNII~EPARTMENT STAFF' REPORT FOR THE HE~G DATE OF FEBRUARY 26, 2008 Bridgetower Crossing Office ~~~ OED Z ~ ~7 ~1~ ®~ tAly ~NI~1iTG & ~®1Va1~tG ~. Exhibit B 2 CITY OF MERIDIAN PLANN~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 26, 2008 Bridgetower Crossing Commercial ~C Q 3 --- ~ti ~y ~o N ^. .- ~ ~i Applicant's Preferred Concept Plan ~ ~ ~ ~L" ti ~~ . ~~ C9 ~ N " GRiDGETOWER 16 PROPOSED C-~! ZONIPIG AREA CONCEPTUAL DEVELOPMENT PLAN -VERSION 1 Exhibit B 3 ~~ ~ , ~ ~ ~ ,~ , , y ; , f ~, ,; s~ ~ , ~ r~ ~ 1 s ~a `'• 1 ~ ~ ~ ~ i 1.1 ~, t ~ V i 1 ~ ~ ! E ! ~ r ~ i I~ ` ' ~ ' ~- . ~ ° t' ~" Y t ~ ~ t ~ ~ I ~ k 4 (i ~ ~ :s ; i i } ~i f 1. j ~ { ' ~ ~ ~ ! ~ J{ ~ ~ " ~ ~r ~ , ~ '7 +~ 1 ~ i ~ ~ - i k ~~ ~ ~~~ ; :~ ~ ~ ~ . 3~ r 1 i f ~ ~, :S ~ j I t f i i 7 ~ .i r~ 1 1 % {' ~; ~ ; ~ t ! ~ ~~ ~ 1 i E ~ ~~ ~ ~ E i , Y ~ ~ f. r ~ ~ ~ ' ~ x ~ ~ ~ t ~ ~ 2 . ~ ~ } t ~ `s : ~ ~ ~~ ~ t9 ~ +C ' ~& ~~ i t ~ 'f i ~ ,1 ,~ i j ' ~ ~ x ~ i a r f ' ~ ~ t ~ .~. f r r ~ { . s ~ p S i 1 ~ ~ ~ ~ ~$ ~ 8~.• i 1. e7~ i ~ ~ ~ t ~ ~~ ~ 1 ~~. ~ ,~ ~ o i ~. p ~6 vt r ! ~1~ ~~ 1 .~ 4 ~ ~ 1 f ~ s . ~ 1 :~'~ ~ f ~ 5 L ~ ~' i r ~3L t r .. CITY OF MERIDIAN FLANNI~EPAR'TMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 26, 2008 ' CI71` Of AICRIDIAN PI.ANNi3VG DEPAR'fMEiV7' STr11'F REPORT FOR.'I~IG HEARNG DA'Z'E OF FEBRUARY 2B, 20d8 Bridgetower Crossing Commercial DES 0.3 ~ . ~ ~a ~ ~ ~ ~ ~~ ' BRIDGETOVIIER 16 PROPOSED C-N ZONING AREA CONCEPTUAL DEVELOPMENT PLAN - VERSYQN 3 P&Z Commission Recommended Concept Plan for Bridgetower Crossing Commercial Eachibh 8 Exhibit B 4 CITY OF 1VIERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~ DATE OF FEBRUARY 26, 2UU8 NOT APPROVED 4'~ ~~ ~ ,~--, ' BRIDGETOWER 16 PROPOSED C-N ZONING AREA COIVCEP"TilAL DEVELOPMENT PLAN -VERSION 2 Exhibit B 5 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~ DATE OF FEBRUARY 26, 2008 d ~ `~~~ g8 ! ~ a~ sit ~ ter-,--=--~ eRiDGETOVVER 16 PROP05ED £=N .ZONING AREA CONCEPTUAL: DEVEt,QPMENT PLAN ~ VERSION 3 Exhibit B 6 P ~ j N ~ j ~ 7~1 .~ i ~ ~ z ~ j > __ '~ ~ i f ~ ~ ~ ~ r ' i ~ ~ I ~,:~ f t ~. ~ ~ F ~{ a a ( ~ ~ ~ ~ 1 ~ ~ r 1 ~ ~ ~ T 3 ~ Y i ~ I 1 4 ~ , t ~ s I 4~ 31 ~ ~ ~ ~ I 1 {{ r 1 ~ ~ ~ i ~ ~a j r'~ r ~ . ~ ~ ~ 4 ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~' ~ ~. R l r ~ ~ z i ~ ~~~ ~ i ~ I ~r 1 ~ i ~' i i ~ ' ~ ~ z~ I ~~ I ~ ~ 1 .t i € tt {~ ! F f ~ ~ i I ~' I ~ ~ ~ i ? ~ ~ ~ i ~ k I ~ 3 , ~ ~ 1 ~ i a ~ i ~ ~~~ ~ ~ ' ` p ~ t t : k ~ ;3 ~ ~ ~ ~ _ 'G i ~ ~ ~ ~ 3' ~' ~# ~ ~ ' a ~~ ! ~ { r ~~ ~~, ~ 1, I , z ~ k ~ ~ ~ Y ( ~ ~1 : ~ ? ~ ~ ~ 7 ~ 4 ~~~ i ~ "i P i 333 ~~ i ~ ' ~ t ~ ~ ~ ~ ~ ~ 6 i ppp i~ ~ `` ~1 j ~ ' ~ ; ~ 7 i [ ~ is 1 ~.a ~ A ` ~ ~ ~ y ~ j 1 t } , ~ ~ 7 ~ j ~ , CITY OF MERIDIAN PLAEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 26, 2008 exhibit C -Verona Commercial ~~ ®~_ 6~uadrant Consulting, tic. Exhibit C y S I I 9 i ~ b~,'9 stS ~!_ i j, ' f ~ ~ ~ ~ 9j l I~ ~ ,' ! ! 3~, ~ ~ ~ i 1 '~ ~' k f ~ ]. I i w ~ ~ f ~ ~ ~ +~~ r ~E , ~ its F .i ~ ' kkp `k f '~ i ! a ~ i ~. ~ if ~. i' ~' ~~3.. ii ~~. { ~' f ~ y ~ ~ _ ~• ti li F ~KK ! ~ ~ ~ ~ } ~ ~ Yf ~ ~p3 . F t + ~ ~, ~ . ~ ~ { i ~~ -~i ~ I] ~ i~~, ~.. Legal Oescr"iption For . Vetoria S4bdivisPon No. 4 Rezone from R-8 to L-0 Lots 35 and 36.8locti 10 bf Verona Subdivision Number 2, Book 91 of Plats at Pages 10743-1:0744; Ada Gounty Records and a portion of the Right-Of-WBy of North Cottons V1-ay and West McMillan Road, located 'In the Southwest'% of Section 26, 'township 4 North; Range 1 West, Soise Meridlai, Ada Ccfunty, Idaho descti~d as follows: Comrnencing.ai;tha Southwest oorrier of said Section 2C, ttten~ South 88°58'19" East, 1039.55 feet atoag the •Soutt- line of said section to the •Point of 8eglnriin~; Thence -North 01'00'56° East, 240.22 feet slang the centerline of said North Cottons Way to a point; Thence continuing along said centerline 194.07 feet along a curve to the• left, said. curve ttaVirtg a radius of 300:00 feet, a delta angle of 37'Oti'39° and a chord bearing and distance of North 17°30'59° West,190.70 feet; Thence cortinuing along said centerline North 36`02'53 West, 67.24 feet to a point; T'henc~ leaving said centerline South 89430'16° East. 33.60 feetto the Northwest comer of •said 'Lot 35; 7ijerece continuing •South 89.'30'16" :East, 325.05 feet to the Nprtheast corner of said 'Lot 35; Thence South 00 29'94° West. 433.02 feet to the Southeast corter of said Lest 36; Thence aVotth 88"58`1.9° West, 20.00 fe$t along the Southerly boundary of said Lot 36. to a pohrt; Thence South 00'29'44" West, 45.00 feet to a point on -the South lids of said Section "26; 7-fence North 88°58'19 West; 241:85 feet along said South Tine to the Point of Beginrltag.. Said parcel contai 3.003 acres more or less. ivoa w. Overtagd • Boise. ID83I03 + PhGrie 12x813.42.004'1 ~ Pax (2U8),3a2-~s~ • Em6il: cjuadrQnt~'Cluctlroni.ct ~IVD Engtneerrng • Surveying • Coruttucfion Monogement nevi sv - OCT 12 2~7 nnsRtou-ro ruaua Wft)RKl3 t3eP'G 1 -1- ~ ~ P t- ~~ ~~ i +~ ~ I $ if ~ j •t ~ 3 ~ ~~ ~~ ~ i x r ~ ~ 3C ~ I ~ M ~ ..~ ~. 4 F t { €. {{ i b ~ ~ ~ ~1 ~ ~ ~: t ~ ~. ~i s ~ l ~ @ : ~ ; ;., i.i ~ ~ r ~~ i 1 M ._ i ~ 6 `, ~ j t `- i ~ ~ :, ~.1 _k ~; ~~~ ~ ~ E,~ 1 ~ , ~ ti ~', i 1j ~ y q ~r ~ 1 I r k ' N ! 1 ! ~ i i t i } } i { h CITY OF 1VIERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 26, 2008 ~•. ~ E= E I A 1 x~ A N CQlPTd/VA VaY Exhibit C $UBDIVIS/O:N N0. 4 REZBNE E~R/IBIf T. 4 M.. 1j' f W.. AOA COflM~ -2- x~r ; : iei n .^~~ r ~ a ~ ~ g ! ~ ~ ~ ~ ~ ~ ~ ~ h-- j E i ~ ~?; i Y. ~ ? I ~ ~~ f ~ 1 ~ ~~ '~~~ Y ~{~ I- ~! +~ ~ ~ i.t dj :~ .~ ', ~ '~ ' '1 ' ~ ~ ,I r € i7~ ~ I ~~ ~ - ~ ~ ' ~ '~ k j ~~ i i Fi k' l,{e ' (:a ~ ~ r ~ ~ F } ~i ~~F ~~ I ~ ~ ~ k (: ~ Y . ~ R ~ t j ~ `~ ~tt k ~ ~ 4 j ~~ i ~ t 7' fit[ i~ ~ ~ ~ F ~ ~ . . ~ t t ~ ~~ ; ~ ~ ~ ~ py7 ~ t I ~ ~'t ~ ~ v ~ u,~ ~ ~ ~ ~ t ' . It ~ d i { ~ r ~~ Ji i E b ~ ~ t S ~ ~ ' i ~ ~~ n ~ n ~ ~ ~ ~ ~ L i CITY OF MERIDIAN PLANIV~II~EPARTINENT STAFF REPORT FOR THE HEG DATE OF FEBRUARY Zb, 2008 •.. ,., ~~ ~~~16~uadrant Gonsultl~g. Inc. Lego! Description For Verona Subdiivislon No. 4 Rezone From R•8 to C-G Lot 1 and 2, Bioctc 12 of Verona Subdivision Number 2, Book 9i of Plats at Pages 10743-90744; Ada County Records and a portlon of the Right-0f-1lUay of North Cortona Way and West McMillan Road, located in the Southwest'/d of Section 26, Township 4 North, Range 1 West, Bois® Meridian, Ada Couniy, Idaho described as follows: Commencing at the Southwest comer of said Section 26; tiienc~ South 88'58'1.9" East. 855:00 feet along the Saud fine of $aid section to the Point of Beginning; Thence North 00 21''49" East, 386.94 feet to the Northwest corner of said Lot 2; Thettcs North 89°35'30° East,. 117.34 .feet to the Northeast comer of saiif Lot 2; Thence continuing North 89°36'30° East; 31..24 fleet to the centeriirie of said North Cortona Way., Thence continuing along said centerline 157.32 feet along a curve to the fight, said curve having a radius of~300.130 feet, a delta angle of 30 08'48° oral a choM bearing and distance of South 14'01'37" Ea~t,155.72 feet; Thence ~ntinuing along said centerline South 01$00'56° West, 240.22 f®et to a point on the South line ofsakl Section 26; Thence :North t38°58' 19° West, 184.58 feet.along Said South line to the Point of Beginning. Said parcel c~lntairls 1.523 acres more or less val- R~yl_ . ~Y`a~~~ oct ja~~z Mho 5~~~ Exhibit C 1904 w,'Ov@rtand • tlais8:1083705 • 'Phone (2(342-Q09.1 • Fox (~B! 343A092 • Email: qucdreni~qucdiant.cc CivllEng~eeftng • Surveying • COrlSftt~ttiCn.M~itCagefienl -3- II~QId. ii it 1 I E( E ~R {p 1 I ~ I ' i~' ~ ~r , ~ ~ h H :4 ~ r 1 1 ~. 5 ~~iy 2 ~ i ~ t 1 . 3.3 ;'f .~ 9 ' ~ ~ i ' {~. 1 ~ 1 y; ~ ~; . ~ ~ ~ 4 i ,~ ' 3 ;i ~ ',' ~~ ;3~ ,, x " ~a ~ i ~ ~ ~ 1 1 i 1 ~!. '~~ ~ i ~. -7 ~y •i ~..~ ~ , ~L ~ ~. r S i ~{ \ h I ` , F N r 1 i I ~.~~ ~~{ ~ ' i~ ~ 1 F ~~ ~ ~ ~ ~ b l ~ ' ~ ! ~ ~ ~~ a' at ~ ~ ~:~ c ~ ~~ ~ { " ~ ~ r ~ + ~ ~ 4 1 I I~ ~ t ~ y7x I 441 ~ ~ ~.1~ ~ 1~~ ~ ~~ ~.1 ~ d i~ ~'~ ~) . ~ ~ ~ a ~ `~ _ . i i ; '. rrr, ~ ~ ~ U~ ~ ` ~ ! ~ i~ ~~ ' pqA i ~ jip}q )+ 1 w i~~ i .3. s " ! 1'~ f ~: E` ,~ ~ " Ef i:~~ ~~, E ~4~ jc l~ i~ 1 ,1 ~ S CITY OF MERIDIAN PLA,NNP~G DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 26, 20U8 urnoa Lvov '~ a •a 'a > ea aouo3s ~ _ 'ON NOISIAIaBns tran~a~t t ~, m :, ~a AVA I~ I{~ ~J J iC ig r, u1 :~ ~n ~~ I ~ N 10. ~~ d ^ ~• ~ g ~ ~ a ~~ ~~~ 4~~ ~~ ~ ~ I I' ~ ~~ ~ ~~ ~ ~~ I ~ `~ ~~ I w o ~~ 3 ~B I Exhibit C -4- ' i ~ i i' i ~ ~~ ~~ i~ x ~ ,~ ~ ~ ~ a , ~ , ~ i ~ ~ ~, i E i ~ b k ~ + ,, : ~ ~ _ I i 1 t ~ ~. ~ t ( i ~ f ! ~ i I J y, 6 1 i, _ i ( fff t y ~ ' N ' Q I 1 f. ~ ~ ~ ~ ggg j ( ~ ~ ~ i ii L ~i i ~ ~ 1 -~ ~ ' ~ F ~ ~ ~; i ~ i ~ ~. ~ ~ ~ , . ~ i' i 3 ~ i ~ ~ f ` ~ ;~ q 1 ~ ~ ' ~ r I e ~~ } [9 p i S6 ~' 1 - .. ~ j ~~ I ~ S ~ ~ F 3 p FI ~~ ~ ~ S h ~ ~ ~ 11 ~ 1 E 1 ~ ` ~ " g ~( ~ w }~~ ~ I~ ' f ;] ! X51 ; y ~Y I I 1 ~ ~ : ~„ j C ~ i F, ~ r,~ f ~; j.t 1] i ~; ~ 1 i j r. ~ ~ ' ~ I ~ {II~~ ~ ~ ~ ~ r:~ } ~.a 4 i tH ~ ~ ~ ~ ~ ? ~ ' g i j ii ~~ ~ ~ ri: ~ 1 ~ ~ ~; f ~ ~ ~ i ~~ ~ i ~ ~ ~ ~ ~ ~ ~ CITY OF MERIDIAN PLA DEPARTMENT STAFF REPORT FOR TIC I•IE~G DATE OF FEBRUARY 26, 2008 .. ®•® ^~ Buadrant Consulting, Inc. Legal Description For Verona. $ubdiWsion No. 4 R~one From R-B to L-0 Lot 1.2, Block 10 of Verona'Subdivision Number 2, Book 91 of Plats at Pages 10743- 10744; Ada County Records and a portion of the Rlght-0f-.Way of North Coitona. Vyay, located in the Southwest'/e of Section 2ti; Townsh;p ~4 North, Range 1 West, Boise AAeridian, Arta County, Idaho described as follows: Comment;ng at the Southwest corner of said Section 26, thence South 88°58'18" East, 13.01.40 feet along the South Line of said Section; thence North. 00 29'44° East, 985,44 feet'along the Easterly boundary of said' Verona Subdh~ision Number 2, thence North 89"30'16" West, 280.87 feet :to the Northeast o13mQr of said Lot 1:2, being the Point of Begi~nrring; Thence South 11°04'28" West, 104.20 feet along the Easterly boundary of said Lot 12; Thence South 00°29'44" West, 11.0.00 feet to the. Southeast comer of said Lot 1;2; Thence North 89"30'1:6° West, 94,54 feet to the Southwest Amer of-said Lot 12; Thence continuing North 89°30`16° West, 29,77 feet to the centerline of said North ~Cartona Way; Thence continuing, along said c~rite~rline. 72.98 feet abng a: curve to the left, said curve hgving'a radius of 200.00 feet, a delta angle of 20°90'67" and a chord bearing and distance of:North 3t'43'10° East, 72.57 feet;. Thence Norft- 4249'44" East, 2(3,9$• feet to the Westerly boundary of said Lot 12;. Thence continuing ,North 4249'44° East, 31.43 feet along the Westerly boundary. of said Lot 12; Thence North 0$°39'53° East, 112.80 feet to the Northwest comer of said Lot 12; Thence South 88'30'96" East,1.32.00 feet along .the Northerly boundary of said Lot 12 to the Point of Beginning. Said parcel tgn~~in~s,0~~669 acres more or less. OCT 12 2007 MERIDiAM Ptiawc MVORitS t}ErtT. 1904 w. bveclq~ . go(sq, ID 8}785 -Phone (~J 3ez:pdg i Fox 12~J ~~-~ • EmnH: qu6drenK~quodronl.cc CivA Engineer • S~'eYinB • ~onshuction Mcnagernent Exhibit C -s- € ~ F ~ ~i ti~ ' ~ 4: ~-~~ T -f ' ~ ~ 2` j i a i ~ ~ ~~j. ~ I ~ ~ j3$ ~ s I f P i 1~~ ~ Tv ~ I t S t ~ ~ '~ ~ 4 ~ t ~; i I g~ ~~ ~ ~1 {t ~ 7 ~ .j dt ~ ~? ~ ~, i ~ ~ ~, ~ ) p~p i F ~Y { g ~ I ii t k '.~;~ ~ t~}. F I i ~ ~ ~ ~ ~`1 ~ ;~ i J,~ } ~ I ` ~ '~ ~ I ~ kl ,I ~ ~~ s ' ~' ~ ~ ~+ ~ ! : t e`. ~ ~ x. ~ ~r ~' l !` a I . E ss ~ a I ~ I ~ f ~ ~ ~~ y tI F ~ :~ ~ • i ~ ~ ii tl ~ i ~ ~ ?' ' ~ ~ ~ ~~. ~ ~ i ~ ~ ~ * ~ I ~ ~ ; ~ t. ~ ~ I ~ q~; i ~ ~ i ! i CITY OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE hG DATE OF FEBRUARY 26, 2008 ~~ ~~ f I 1 I t 'I f ., f NUNfEJ.1A'1i ~~ _ -~ ----~ ~ ~~ ~~ o ~~ ~, O p N~ N '~ ~ ~ ~G ~ ~ h ~ 0 g 0 ~ w ~ ~ v ~ ~ t - F 1 y ~ I N V ~ . u 0 T ~~ y S I~ ~~ r~ WAY ~ ~ R 4 m 4 O ~ b w ~~ ~____~ -~~~- vexvrva svaDlvlSION NO. 4 ^ ~' ~ ~zonre Ex-pea ^~6~ucdront .~,,.,, SECflON 16, T. 4 N., R. f W., ADA CDUMf aA.su! to Ind _ r... ° mawpnmm QmO~~~ _ . ~. 'rt. Exhibit C -6- ~ 1 ~ ~ ~ ~~ i h ~ ~ ~ ~ y ~ '. t . jt((( ~V . ~ Y ~ ~ F $ ) ~ ~ . t f ~ 17 t ydi ~ ~ ~ , r { ~ ~. ~. ~; ~ ;~ p. ' ~y ; ~ r ~ ~~ h r t . ~~ ~ ~ C # ~ ~ 7 ~ ~ - ! tt! ~ 4 '`~ ? ' i I,- ~ ~ E ~ ~ ~~~ ~ l h ~1~ ~ B, q 1 ,~ Y ~ ~ i ~ ~ ~ ~ ' I ~~ ~ ' ~~ s i + H ' x i , ~ ~ t' p i ~ ~ i ~ i ; r ~ ~ ~ { ~ ~ ~ #f ` b ' ;s~ ~ ~ t i'C ~ ~ ~ ~ t i ~ ' ~~ ~ ~ ~ ~ ` ~~~ ~ ~ ~ ~ _ . 4 i ~ ~ ~ ; it ' ~ ! ~ ~~ ~ ~ ~ ~ ~ I _ ~ ~ ~ ~ .~ 11 t , i ' a ~ i '. ° :` ~ f } CITY OF MERIDIAN PL DEPARTMENT STAFF REPORT FOR THE G DATE OF FEBRUARY 26, 2008 Exhibit C - Bridgetower Crossing Office .~ /^ ~e 6Zucldrgnt Consulting; Ine. 4ege1 Description For BHdgetoauer Crossing $ubdtVtslon No. t5 {Rezone) Rezoning .honi R-4 to L-0 Lot 15,1°6 and17, Bhick 36 and Lin i, Block 39 of Bridgetower Crossing Subdivision iVo. 11, Book 85 ~of puts at Pages 11$04=118Q5; Ada County Records, Lot 43,44 and- 45, Blodc~32 of B~idgetowerCtossing Supdivision No. 12, t3~k 98 of Mats at•Pages 11.834- 11836; qda Cot~nfy Records and a por8on of the Right-pi Way of North Linder Road, West ~McMiltan Road;. and .North Coppercioud Way lasted in the Northeast t~uarter of Section 35, Township 4 fVgrth,. Range 1 1fVest, Boise Meridian, Ada County, td~ho described' as follows: Commencing a[ the Northeast comer of said Section 35, being the Potnt..of Begtnntn~; Them South 0015'17" West, 1317,40 feet along. the East line of said Section; Thence North 89°19'30° West, 418:01 feet to the Southwest oomer of said Lot i 7; Thence Notch QO°15~ 17" East, 1316.35 feet to the North line of said Section; Thence South 89°28'07° East, .418.00 feet along the North line of sate! Section; Safd parcel contains 12.8;;7 acmes. more of less. ns. Bel OCT 15 X117 u~o~ ~ Trc Exhibit C -7- CTfI' OF MERIDIAN PLAI~G DEPARTMENT STAFF REPORT FOR THE G DATE OF FE$RUARY 26, 2008 S•t Exhibit C ~! !:' ~I ~'. it i' 1 x~I i' ~'j s i, t13M01330/88 ua~c s~+aonn. Sena ro~naa3ua 10~Z ~ ~ 1 . . ~y to a f t 1 I I I 1 I I ~~ I :~ I F IV W~ W Q W ,~ J .Z., 3 A ..! 4 Q ~Wt,1 ~~U 67 y W UU~ ow. a! Y ~' .. ~ ~ 8 u c C .~" ~ -8- CITY OF MERIDIAN PLAN DEPAR'TNIENT STAFF REPORT FOR THE FG DATE OF FEBRUARY 26; 2008 Ea~hibit C - Bridgetower Crossing Commercial .p ~ ~ ~-~al'Q88COIy f'Of BhdBetower dossing Subdtvl {C-N Rezoniej .; ~i ~, Rezonefratn R-d and C~dQ to G-N ~~~ ~~ QUgdTClflt C'Oh9Uit~ing; InC. syo» No. 1.8 Lot .66 th~ 70, Blpdc 10 of Bridgetorover- Crassirag Sctl~tivision No. T, Book 32 of Plets at Pager 1091&10918; Ada too R~ords and a por8on of tjhe R(~rt-Qf~R/ay bf :Noah T~ l Road and W~ Qulnt: 4dve Dated In tl!te Not~wsgt Touvnshfp 4'Nor~~, X8,1 Vbeat, ,~tse Nteridian, Ada Co~n~y,. ida~ ~~e~ton 35. .. desaf~f as lioliaws: 'Corraiiencing at the ~N'orthwest comet of said Seodon 35, theno®South 00'62'46° West, 443 00 feet' along the West fine of .sakl section to the ~oinf of Beginning; Thence South •BQ~OT14" Ea:#, 222:7'l ~~ along the cerit~line of said West Quintals ..Drnte; 'Thence coritin~uing elgng said: ceritetllne 89:32:f~t along a curiie to lire digit; said. curve having. a ~3adfus of 300.00 feet, a delta angle of 17''03'32° and a drond bearing arttf disfaepe of Sbitth 80"35'27" East, 88:igQ fast; 300.aQ ' cortitinuing 8$.54 feet atortg, a~curve. ~ tfia•felt, saii~:curve'having axadlus cf 1~; a, delta :angle of 1:6'sd'34 and a chord bearing and distaticg~of South 80~'SB° Eai~ 88.22 feeb. • The_nc~~leavtrig said csrrtsdlne,SQuth Qt)"62'46" West; 786,93 feet to the. Southeast corner, •gf safC! tpt 70; ThenoO North.,89 OT14° Wes#: 398:00feat tarthe fiA/est line .of.said Se~t~ 35:. Y'tience ~lorti% 007a,2~a8" East, 8.12.52 feet atorig said West Nne to the Point .of ~sgnnfrtg, Saiit~ Aarcef Qglttal~ 7.37 acres more or less. .. ~E~D ~c o ~ a.~T ~. • ~ • ~ arc o ~ ~ ~n • . ~~ ~, • 1:'a:oa~a+.-OveA,crttl •. Bolse 108 .~ 3g2-0Q91 • Fa~.t~l 2 , a aoawclmeauar~ronccc CMI:~I!BiA • Simtr@y€~ig ! COfWtuCFtort:Mencgenlertt Exhibit C -9- !~. ~ 1} ' r ~ ~ ~1 ' ~ ~~ 1 jf~ ~ t ~~.1 ~ I ~ i r . i~ < ~ ~ t ~ ~ i j ~~ - "~ FF ~ ~ ti ~ E 2 ~ ~ .~ ~ i€ I ' ~f ~ C i ~ ~ _ r F t 1 ~" 1 ~ pp ! ~ ~ € t r 'U ~~~{ ~~ U ~ y f x y p I ! ~~ ~ F ~ ~ j ~ ry ~ , j ~~ f ~ . ~ a ~ '' ~ ~ ~ ~~ i~' F~'~~~ ~ ~ ~ i i ~ ~ in. F ~ ~ ~' r ~ t~ ~~: .~ ~ ~ ; :~ ' E i ~ ~' ~ ~ ~? ~~. U .~ ..~ I ~ r [ I 'F I ~ ~~~ ~ r ~ E r, i t~ ~-1 ji= ~ ~ :w '~ g a ~ I ~ I' ~ i ~ j ~ ~ Y ~ ~ 1 r 1 y ~ ~~~ . ~ ~ E ~ t I & } ` ~ , ~ i~ ~ E ~ ~ i t CITY OF MERIDIAN PLA1~iG DEPARTMENT STAFF REPORT FOR THE HG DATE OF FEBRUARY 26, 2008 F- 2 4 ~d °' 4~~' n P ~ o ~~ 27. 2g ~~ ;~! ~ ~' 34 35 3 °o iw a ~ ~CEa-TERUNE OF W. QiJiNTALE DRIVE ~ S89' DT 14"E 222.77 G1 G2 K ~r a .~ _~ Z ~? +~ wl M1 ~ W ~~pp m N N ~ M M~ U ~ ODD N .O prn N U OQ Opp O Q~~~ tV ~ Q M n1 J . (+,j -~ Q 9 N io .- .r o Q U ~ 0~0 o~p W j V U z ~ 1-- X ,~ W 3 N~ ~ ltJ fL' O N ~, w N U t V .~ `1 Exhibit C - 1.0 - ~ ~ i ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~~~ ~ ~ t~ ~~ ~ ~ r ~ ~ ~ ~ ~ ~ ,, ~ ~ `~ ~ ~ ~ ~`' ~ ` ~ i ' '~ 3 ` • ~ 1 ~ 4 C I ~ }(, R, a i r ~ i i• ~ I ~!~ a ~~ ~ i ~.} ~ ~ , f. ~ I ~ ~ " { y , p t { j: ? ~ ~ s j ~ ~ , ~ ~ s ,~ ~ ~ + i t. ~ It i }5 , ~'I ~ c {{ l ~ ~ ~ ~ I } ~' ' S' ~ ~ ~ 'r~s ~ r i ~ ~ r ;~ .~ . ~ ~ E '~ ~ i ~ j ~ _ Ty, E it ~~ ~" ~ _ ~ 6~ { ~ i ~ i i .~ t ~ i ~ t q E ~F 77 CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HG DATE OF FEBRUARY 26, 2008 ...___. r. ...__...~_.._.___, BY ' _ ~ . o~c o ~ ~7 ~ ~^ MEPoD!!AN PU~IdC ~~ QUpdrgnt wo~soeaY Consulting, lnc. L®gal D~crlption For Bitdgetower Crossing Subdivision No. 1.8 (L=0 Rezone) Rezone from R-4 to L-O Lot_2, Block 10 of Brltlgetower Crossing 8ubdiv~lon No. 2, Book 86 of ~~ at Pages 9.641-9843; Lot 1 thiu , 9kx~t 1 of (3al ' 11140-11141; llda Cou ~' Subdivlsion, Book 93 of Ptats.at Pages nt!/ Records and a portion of the R(ght-Of-VI/ay of NarE~ Ten.M~Te Road artcl West Belitowec Drive, k:cated in the Noirthwest quartet of Sactfon 35, Townshlp~4 North, Range 1 Wit, Boise Meridian, Ada Courlty, Idaho more partlcutariy deSCribed as follows: Comniencfig•at the•Northwest comer of ~1~1 Sectlon 35, thence South 00`52'46` West, 1255.52 feet abxtg the Wei Tine of saki section to tha Point of Beginning; Thence South 89~T14° East, 398.Ott feet to 81e NorBt'east comer of said Lot 2; Thence Sotrtti Ot)'52'46" West, 494.52 feet .to the a:eri#eritne of said West Belltower Drive; Thence North $!~ OT14•" West, 398.00 feet slang said centerline to the. West tints of said Sect'bn 36; Thence North 00 52'46° East,. 484.52 feet slang said Wit line to the Rolnt of BeginnMg. EXCLUDING THEREFRt?IVJ: 1-9~3kre arngcuei~r Cr~ossing StituiYvis(on No. ~,, gook 86 of Plats at Pages ~Y descsibed<es follows: Camrrtencirig at the Notthvrest comer of said- SecSoit 35, thanes South o0~2'46° West, 1255:52 teat~atong the West I(ne o#sald section, thence South 8l~O7'14` East; 233.00 feet, fltan~ South Ot132'48" UVest, ~~ipl ~~ tc the Northwest comer of saki Lot 1, being the Pofrttaf Beijirlning; Thence South 89`07''14° East, 940.00 feet to tha Northeast cornier of said Lot; Thence South ~Ot)°52'46° Wit,. •145.1.1 feet to the South~st oemer of mid. Lot; Thence North 89'OT 14° 1tl!-est,140.00 feet to the SouthvvasE comer of satd Lot: Thence North 00'S2'48~,East,145.11 fee! to the Point of Beginninig Sell parcel contelns 4.05 acres rrwre or less. rsaa w. Overtond ~ sow ~ 837Q5 • atan®{?aa) ~a2-~t ~ roc (~) 3a2~oosa • crrrorr C~iffMfgirieeting • Sn9 . CoruMxfioaMon~gement Exhibit C -11- -: y~ { ~, ;; }; i E' i. i p' '~ r1 ~; f: } { t i;j '~ ~'~ 1 `' ' t F _ j f 1 ~' ~ '~ ---~ 1 ~. ' i f i k! ; rr u: c° i s' , CITY OF MERIDIAN PLAI~TG DEPARTMENT STAFF REPORT FOR THE ~ARING DATE OF FEBRUARY 26, 2008 f C9 Z LLJ m 0 z o ~ Q a p !~ LtJ J / ~[ ~ z 1 tr; b1 LJ- Q tal W Z ~ I~-~ CV Z to U d z ~W CC S89' 07' 14"E 398.0.0 Q w 0 J G( L7 LtJ Q •z Q c~ J bO'~6~ M„'lr l ,LQ .6gN~ 3A121a ~3tUlQlll38 'M ~0 3NIl?:13~N3O ...~ Exhibit C -12- . .. ~~ g m 2x W 3 W ~ O - ~. ~~ o ~, J 'ay~ G' F ~' tC d' N N O N 0 4.i "- c`~ r ;c } ~ ~~ ~ ~ ~ ~ s 1 I~ i ~ ~ ~ ~ ; t ~ ~ ~ ~ ~ „ f ~ I~ ~ ~ I ~ ~ ' ~ 1 y ~ ff il _ ~ ~. ~; y i t ~ ~ 3~ ~ a/ ~ ~- i ~ t ~ I C k „ I ~ 7 ~ ~ ~t r ~j ~ ~ I. ~ ~ ~ ~ ; ~ ~ ~ ~ 1 c CCC . AAA ` . ` ` ' ' I ~ ~ ~ C i ~ . ~ t t d ~ ~ I ~• i ~ ~ 5~ ~ I{ ~. 1 . : F .' EE i j ! 2, a~ i ~. r ~ .~ , b ~ ?E'• f i ~' ~ C p ~ _'. ; ~ ~7 zs 34 35 Ln U`3 N ~ 'N EO CITY OF MERIDIAN PLA1~G DEPARTMENT STAFF REPORT FOR TIC ~ARING DATE OF FEBRUARY 26, 2008 • r ~ ~ ~~ 62uadrant ~•,~ Cbnsu~tttng, inc: • •. Legal DescHptton • • 8•rldgtalow~ Crassing Sutton No. 16 • (L-b Rezonay Rezotle from R-4 to L-0 • • Lot 3, Block B of Brtdgetowet ~Cr~stng Sutidivlslon Mo. 2, Book 86 of Plats at Pages • 96d1~ 8843; Ada t:ounty Re~tids arttt a Ram of the R(ght-Of-W~ of Ntor~h Ten Mite Road, fool to ti-e Nt~ri~rest quarter of Sec~tan 35, '~ovmehlp ~ Narth, Ran e 1 West . - " Boise [~erldltu~, Alda t3auniy, • ~.~ ~ abed as togouvs: 9 . , • lvormnettdn9 at. the •Natthwest aoriner of seta Secgbn ~5, thence South 00`62'46' West, • ~ 2614.69 feet a~ the West 1lrte of saitl sectEon'to the Pofnt of 8egtnnMg; ' • 7ltetu~ SQUth 88.`07"14° East, 398.00 ~fest to ~ Nar6tea~ coiner of salt! Lot 3;. .Thence South QO'62'46° Wesir 20#?.Ot) teat to the Southeast comer of said l-ot; •• Thence Noah 89'07"1.4° W 398.00 feet to the West itne of seta SecBon; • Thencm Alorth 08'S2'q¢'. 200,E feat along seta tiVest Hhe ~to ~ l~olnt of • ' 1?a<ceidins 1.~ ages more ortess. . • ~ ... •'~-•. • • •' )~ w: av~rramy . eo~.m ts3ioa , tw~s•~al ~saop~ • ~ Ie~ 3aaoo~ , ~a~ctuoar~np • , _' .• ~'R8•• ~ulveytr~8 • ContCru~_ .cc . - ' • •• •• Rtvi ~vn~. . • . ett~ . : ' • ' DBE d +t 2p47 . Exhibit C -I3- CITY OF MERIDIAN PL~ING DEPARTMENT STAFF REPORT FOR "1ME~ARING DATE OF FEBRUARY 26, 2008 V '^~ _, ;. :o .i ..:; . . Exhibit C ,~ rj +, i~ f. ~- ~ Y Fs li `r; Y~. ' ~ i:~;• t i CITY OF MERIDIAN PLA~(VG DEPARTI~IVT STAFF REPORT FOR THE~ARIIVG DATE OF FEBRUARY 26, 2008 Exhibit D _ I c # ~ f ~ ~ F ;.,~'~ '~I ~ i i ;~ i 1 1 4 ~ ~ ~ 2 ~ ~~:` .~ ! ~ i ~ ~~ ~ F ~: # ~ ~ ~ 'i ~= ~ ~" i ~, ~ i 'i ~ o ~ ~ ~ ~; ,< ~ ~@ 7 ~ ~ F i ~ s~I~ i " ~ a 'f y'~ r 3 ~r ~ !~ t :~: i F ~ ~~" ~ 77 ~V ~ < 4. t !`1 j ~ , 7, ~a i ~ 4i ;S; ~I. ~_ {.{ ;;,1 4 S a ;~ ~? P ~1 { ~ t ~ 'i_ ~r ~ & ~ { ~ i. 1 i ~! 4 -f ~ ~ „~ r ? r~ ? j 1 2 ' ~ L c ~ t i ~~ E ~ r t ~'~ l j j 1 '~ f ~ ~ F . ' 't ~ ~ f b F <t ~~ ~ a ~x ~ CITY OF MERIDIAN PLAC,, DEPARTMENT STAFF REPORT FOR THE ~ARING DATE OF FEBRUARY 26 2UU8 _ -rr• ~o ~,. ~~ ~. ~ ~_ ,, a ~:...: Exhibit D _ 2 t ~, ~ € ~ j t a i ~~ i i r } ~ # ~ ~i ~ ~ s . ,( ~ ~ s i E ~ i :i ~~ ~ i s ' ~ ~ ~ ~ t ~ ~ r ~ ' ~~ f ; , ~ s ~ ~ f i I ~ 1 . ~Y~ ~ CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR TIC FLARING DA'T'E OF FEBR UARY 26, 2008 #3 9 "" u '~,,,w.~,~0,r , x °" N ' ~ ~~e ~1 o--aJ.:. `, y i ;o . `+•~ 9 ~ ! ~14'~a,~~'`, ~ 9q 1111~1~' ~~ ~.. .,' fl A ` .~°~ ® 0~ G+yj. '~ {~ ~ ..~ 6 ,' .,, G." ~~ ' ~. - " • ° a - ~ -.~ Exhibit D _ 3 _ CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE~ARING DATE OF FEBRUARY 26, 200$ _~, J~ t :S `.1 TAG'" ~ ~ ~ `,`!_ ~ ~i ~~ ~ ~ ~ i i ~'~7 i 1 ~~~ ~ ~ ~ ' 1 ~ .a~b .=::_ ___ . _.-' ~.~; Exhibit D _ 4 ~•, .~, 5c `° 6r i. j~ i, ~ i i. S if ~ i t:. I [` 1 j CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 ,, ~6 \',' „ ~~ = E309 ~ t .. ^91 . ~ + ~ o ~ ~ ~ , ~ ~ n f . ~~ ~l'• "_'r~ ` { ` 1 .rte x~ ti. ~ a a _ . ~Gr. ~ po a- ~ - ~ ~ .. .,.rte _ _ .~-_. - . a ~ ~ ~ ..,... Exhibit D _ 5 ` CITY OF MERIDIAN PLA~G DEPARTMENT STAFF REPORT FOR THE IG DATE OF FEBRUARY 26, 2008 • Verona Commercial ~ ~~`~ s ~ • Exhibit D _ 1 _ ;; ,~~~ ~ ,~ , , r { 1 1 f .~ [i i i ~ r .~ I C i~~ ~ ~ ~ ~ ~ F: :; 4 t f ' ~~ ~, • -~ - a ~ b ,.= ~s~ a o _ _....,a-. _. _ . - ,. ".mow-^y-.:. -"•' -c'Z~.=- -......... -_ .,: ~.es.^_ .. n .. {i.' i.,~ : u Exhibit D _ 2 _ ~ ~ 1 ~ ~ ~ ~ ~ y~ 1 ~ ~ ~ ! i.:tl 'T V ~~ 1 t ~ ~ te. { ~ ~ ii { E~ i '~~ ~ ,~ y. ~~ , R~ ti k i ~ ~ ~ t ~ ~ f S• t: f ~; ~ '1 ; ~ ~ t~ ~ ~ x ~ ~ ~ ~ `:~ ~ ~ ~ ~ ~~ ' ~ l g~ ~ t ~ t I 1 t ~ , ~ i e i i i~ i~ ~ i ~ 6 I % g rF ?~ ~-, c °i i ~ p ~ N t ~ ~ I. ~ ~ t ~ ~ , ~ ~~~I ~ {3~ p}b ~ ~ ~ 1 Ft}ill . J j ~ y~ ~ ~ ~ ' { I ' ~ ' } ~ ~ ~~ a ~ T ii~ ~ E T . '" '~ 1 4 ~ F~ f F ~ ~ ~31 L `~ ° ~ 1; ~ ~ ; i • • arc N d a ~~ --~ _ Po a ~d~ i&lflpt~y ~ t ~ .~.~-.. ° n~ .c-!il ~~ ~_ Exhibit D -3- ' ~ i s f 1 i~ ~ i ; ~ s ~ ~ ~`~ ~ ~~ I '~ !d s ~ ~ ~ ~ 7 t 9 ~ t. ~ ~ ~ E 1 r w ~ ``ii ~ ~ y ~ ~ F € ~ ~ I ~ ~ ~ ' ~ , i f 1 { T 3P F ~"~ ~ ! ~~ ~ e ~ ~ ~ . ~ f ~ ~ k ~ i ~ ~ ~ ~ ' ~ ~ ~, ~ s ~ t t ~ ~ { ~ I ~ € ~' f q r ~:~d ~ I t ~ ~~ ~ i i y ~' f . ~tl fq _ ~ , t is i E ~. 5 ~ rF ' ~ ~:~ ~ ~ i ~ i t P ,~ ~' ~ ~ # I i F Y k ~ C ~ i F f } ~ ~l ` ~ , ~ ~ ~ k ~ 1 :~ I ~ f r '' ~ ~ ' ~ Gw f, a. C , ':~ 9 I - ~ ~ + f ' ' ~ ~ j !_ t . ~` 1 [~! t ~ '~ ~ ~ 3,~i i t `~~ i iii ' ~ , I ~ ~ ~~ •~ II ~ ~ 4 ~ ' ~ ~ ' ~ , ~ i ~ E '~ ~~ - i ~1 ;~ E 17 ~ ~ a I s f i f ~ ~ t - ~~ =~ ~ t- ~ ~ i d ~ ~~~ ' ~ r r~ ~ ~~ ~ i ` ~, ~ ~ , ~ I ~ ~ ~ ~ I t~L ' I i ~ i~ I ~? gF Ss~ ' ~ ~ ~ h ~ ~ 1 ~Js ~ , I ` .~ ~ ~ . • Ii'~3'-tea:-. ;~~' _ . _ 77 .___.. ~ : _-~ ~.~ q .~6• ' - ~ ' .-. ..J~glf __r._.e. ,o .. n~ 0 Exhibit D _ 4 _ .~ e ~~ . tl ~~ K~ ~ ~.. ~~ ~.n,..~~+ ..,va..d°.. ,• •.~ a -~~:s-~- •~ s '^'cl ro, Exhibit D -5- ~. ~'; ~ ~ t. °g ~ ~ I~ i i ~ 1 fi 1 H ~ ~ +~. ~F]q I ~ '. F 1 - ~ ~~ ~.a ~ P ~ ~ '~ 3 ~ 1 ~ ~ ~~ ~~I ~ F _3" t~k. ~ ~ `~ s ~ _r ~ '~ ~ ~ ' ~: ~ ~ ~ ~' ~ ~ ~ ifs t ~ ~` N ' 2@ ' ~ ~ ' '{ ~. 3 f i ~ C i ~ ~x 2 ~ ~ E ~ ' ; ; ~E ~ kt 'i ` °~ yp 4~9~ ~ ~ f ~ E 171.-. 1 2 ~ '~ '~ ~~ i ~ ~ ~ 1 1 i ~Ee ! r ~ 1 ~ f f k ~ ~ ~ ; ` ~ i~ ~~ ~ i~ i. % 1 # 1 ~ ~ i i i ` (~ ~ Z ~ 1 ' I t " } ~ - k. ~.~ 1 -. f ~ i ~ ~ :. i ~ f l14 ~ ~ ~ r~£ YF' ( 4S t ~ ~ y E } • • a_ 0 e,a~' ,~ ~~ ~` r -j. ~[ iT A ~~`!,~ L ~ .~ - T .;yam.. ~ '_' B _ - - - t "-+ ice.. ar ao~,w". _ A +n sm~ u~ a" a .< v py 4 9 i Exhibit D -6- ~. ,. ~ .~ r' 1 ~ ~ . 1 1 1 :1 t ~ 1 { I 4 I ' 1 4 c-' i ~~~ I ~ ~ ; ,~ ~ ~` t. i ~. 'i . " ~I~ May 16, 2008 RZ 07-018 MERIDIAN CITY COUNCIL MEETING May 20, 2008 APPLICANT Primelgnd Development Group, LLC ITEM NO. 6-F REQUEST Development Agreement -Request for a Rezone of 12.64 acres from R-4 to an L-O zone for Bridgetower Crossing Office -southwest comer of West McMillan Road and North Linder Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See a!ftached 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: ~l~ +[~ c~1rIS~e1'1Ser~ Date: S~~Lp-Q~ Phone: Emailed: (~~ t(-y (~ ®IL~CI~a.YZ~, (~(~Staff Initials: Materials pr®sented of public meeflngs shall become properfy of fhe Cify of Meridian. T, i 14 j ' V ( ~ i T' ~ ~" i ~ i i ~~ ~ x, I~ ~ ~ ~ i~ ~ ~ 1 {{ ` i ~ ~ tl, r ~ t ~ ~ r t_ ~ ~ ~ ' ~ ~ i ~ 1 ~ t 5 ' t. r ~ ,; I ~' '~` F, ~'~ ~ I . ' ~ i ~ i ~ n ~ ~ ~'+ F i ~ fl ~ :'~ ~ ~ ~ ~ 1 ~~ ~ ¢ '~ ° I ~ ~ . ~ I ti , ~Y , ' ~ ~ ,~ t :: 4 ~ i ~'~ ~ r j p ' ~ l ~ ~ ~; ~ ~ ~ i- f ~iF~ t~ a ~'.~ f fi I ~ ~ ~ ~ ~ I i ~ , jf ~ ~. l~ ~ ~ ~~~ ~:~ ~ ~~ 1 ~t 1 e_ - .. i ~ i '~) ~ r i F i~ E Y ~ ~ ~ ' ¢~ i f ' ~~ ~ ~ ~ ~ ~ T p ~ ~~ ~ ~: 411 ~~~ y~ ~ ~ ~ ~ ' ( f ~ ~ i 1 ~ ~ fi P " (d I I '- _ u i I i_ II i F{ ~ i ~ , 1 ~ ~ _ ~ ~~j ~ i 1 7 1} a I: :~' i e s ~ ~;. ~; ~' I F r I . ~ ~ .1 i 1 .' ~. ~ I~ ~:~"~ j ~: i. ~. ~' `~4h ` ~ ~ ~"._ ...Y ~~ ~~ ~~. i R1 ~ ~'~ r ADA COUNTY RECORDER J. VARRO AN~UNT .00 52 BOISE IDAHO 05t~tOB 002 PIN DEPUTY Bannis Ob~bilgg ! f RECORDED-REQUEST OF ~~~ I~~~IIIIIIIII'I~I~'~II'II~'II '~~ Nleridisn City 108059$01 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Primeland Development Company, LLP, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this ~~ day of 1'YlQ , 200$, by and between City of Meridian, a municipal corporation of the State of Idaho, eh reafter called CITY, and Primeland Development Company, LLC, whose address is 3120 W. Belltower Drive, Suite 100, Meridian, Idaho 83646, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/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-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for re- zoning of the Property's described in Exhibit A, and has requested a designation of L-O, Limited Office District (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and i 4' i 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & DEVELOPMENT AGREEMENT (RZ 07-018) BRIDGETOWER CROSSING OFFICE PAGE 1 OF 9 L~ .~2$I ~. tl~~i ,~ik1 ti ~i t i ~ ~i 1 t ~ ~~1 f, ~ ~1 }j ~~ IIIII ~ ~r ~ .a~ '. ~ ~ A ~ :. • ^Tp ~~ a i i r t ~ 1, ~ ~ S .1 2 r ~ ,~ ry ,i ,t F .1 ~ ~ ~7 ; ~ i , ~ xr: ~i :. s : ;: ~ ,~ ,~ t ; ~~ ;&. ~ r ~ , it } .,~ ~ 'p. r, 'i- ; I ' j <e ~ ; f. ,~ . ~ ~ .. F• t: ~ i S ~• i ' {, ~ S ' k 1.~ ~ iP . 1 ~ , + 1 ~ ~ ~ @F r ' C ~ n ~ i G 7~ a ~CC 1` 1 f I - i ~ 4 ~: ' ~ ~i r ' JI ~ r ~. .. , ~ , .. Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and l .7 WHEREAS, City Council, the 18~' day of March, 2008, has approved the City of Meridian Planning department Staff Report, set forth in Exhibit B, which are attached hereto and by this reference'incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Staff Report requires the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPERdeem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the OwnerlDeveloper to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. 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 phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law DEVELOPMENT AGREEMENT (RZ 07-018) BRIDGETOWER CROSSING OFFICE PAGE 2 OF 9 E a . i } . i t ~ ~ + ,~ ~ A ire ~ ~ ~ ? ~~ ~~ i ~3 i ~ ~ ~ ~ k ~ ;,h ~ ~i ~~ ~ ~ ! ~ ~ ~ ' ~, k ~ S ; V { ]! I~ J j { ~' ~ ~ ~ ~ rya ~ ~ ~ ~:~ E t ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ` ' ~ n b 1~ ! s` ( ~ ~) i~ ~~! ; ~ ;~ } ~ ~ i ~ i i ` ~ ~ ~ ~ ~ c f ~~~ 1 ~ x ' ~: ~ N ~, 4 ~ , . 9 i ~ ~ . e { ~ r~ , . q4 , { `4Y, ~ ~ ~ ~ [ i Y ~ ~ ~.~I t f j~ ~ ~ I ~. i ~ 3 = ~ ~ ~ ~ ~~ ~ ` ' s ~~ ~ ~ ~ ~ ' ~. f s •t ' ~ ,~! ' ~ ~ ~ ~ ~~ > If ' € ~ ~ ~ ~? : ~~ f, 0 • of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Primeland Development Company, LLC, whose address is 3120 W. Belltower, Meridian, Idaho 83646, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned L-O, Limited Office District, attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B which are herein specified as follows: Preliminary Plat of II commercial buildings and l other lot in the proposed L-O ,zone on 12.64 acres. The pertinentprovisions of the City of Meridian Comprehensive Plan are applicable to this RZ 07-018 application. 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: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. The proposed commercial and office buildings shall be constructed with high quality materials, including but not limited to: stucco, wood and brick, with substantial stone accents, four sided architecture: for retail uses one side may not require full facade treatment if there is screening for the loading area., highlighted main entrances, stamped decorative concrete, flat roofs, accent metal roofing, composite or the roofing materials and variations in colors, roof planes and parapet heights. 2. Elevations shall substantially conform to the photos submitted with MI-07-014, as set forth in Exhibit D. 3. Development of the property shall generally comply, as determined by the Planning Director, with the conceptual site plan submitted with MI-07-014. A minimum of 5 DEVELOPMENT AGREEMENT {RZ 07-018) BRIDGETOWER CROSSING OFFICE PAGE 3 OF 9 ~t ~. ~ ,~ ~ 9 r ~ <~ t `~ z, , i ~ ~ ~ t, ~ ~ - ~ ,~~ , ~ ~ ~' ~ ~ k ~ t I i j ~ ~ r s ~ t ' ~ ~: ~ 3~ ~ i ~ fff i . ' ~- ' ~ ; t ~ '.~ ~ ~ ~ # ~ i i r ~ 11 a ~ I i ' ~ ' ~ ~ ' ~ . i. ~~ ~ i ;~. 1 l S. ~ ~ t I I . ~ j ~ _ _ ~ ~y,5. 1~ - ~ J1 j[ i ~ 1 a ~ , s , ; i F ~ . R S r ~ ~ I I , ~ + C i ~ . 1 { ~~ ~ '~ . ~ - i ~ r ~ ~ + ~. S ~ ~ y ? ~ 1 i. ~ A 1 ~ ~ ~ ~ ~ {t ~ '\ 1 e ~ i 1 I ~ i 1 ~ 1 f j I t ,~ , . . ~~ e e buildings with no one building exceeding 15,000 square feet shall be constructed on lots associated with the Bridgetower Crossing Office Subdivision. The maximum allowable non-residential square footage for this development shall he 155,000 square feet. 4. The development of the site shall generally conform to the concept plan in Exhibit C. S. The City Council expects some stamped decorative concrete within the proposed development. 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/Developer or Owner's/Developer'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 Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developercnnsent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developerand ifthe Owner/Developerfails tocure such failure within six (6) months of such notice. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement maybe modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. DEVELOPMENT AGREEMENT (RZ 07-018) BRIDGETOWER CROSSING OFFICE PAGE 4 OF 9 e ti i~ ' ~~ ~#~ ` ~ ~ ~ ~ I ~ ' ~ f ~ '~ ~~~~ ~ f E .~~ ~ ~ ~ + n y ~ t , ~ ~ 3e7 ~ t , ~ ` i fff C((: ~ i ~ F ~ ~ i. ~ ~ k i ~ , { i i~. ~. If ' } ~ ~ R ~ ~ 1 t 1 z 1 ~ x i ~ ~ F k; ~, ,~ 1 t , + ;'! ~ g~ r ? ; ~ ~ ~ i ~+ E ~~ s ; ~ ~ ~ _ ~ ~; >~ i ~ g ~; i ~ ~ `1 ~ii ~ ~ tt `~ ' i k h f ~ ~ ~~ ~ a S ~ I. f ~ ~ l ~: ~. ~ F ~ ,° a ~ ~ , 1 1 `` t.~ ~ ~ " a' ` - F ~ ` ~ 1 (£ A ~ •: ~ i ~ ' ~ ~ 4' ~~ i ~~ r ~ I { y ~ ~ f~ _ ~ ; ~ ~ ~`- r ~, i ~ y ~ ~: ~ ~ f ii' k 1 . _. t 0 0 9.2 A waiver by City of any default by Owner/Developer of any one 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/Developer's cost, and submit proof of such recording to Owners/Developers, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 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/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 Owner/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 geriod 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 maybe 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/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. ,~ 1[fi ', j' ;j (1f ~. .~. 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 DEVELOPMENT AGREEMENT (RZ Q7-018) BRIDGETOWER CROSSING OFFICE PAGE 5 OF 9 i a jS 1 5 2 ` I ~' II f 5 ~ F ~ I , : ~ ~ ~ z ~ ~ f 3 III F ~ F I ~! '~ ~ 1 ~ S ' i 1. j . , yy 7 ~ ,~ f t s o Meridian City Code §11-5-C, to insure that installation of the improvements, which the Owners/Developers agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Deveioper agree that no Certificates of Occupancy will be issued until all improvements aze completed, unless the City and Developer/Owner has 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. 1 S. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree 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 andlor 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: c% City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: Primeland Development Company, LLC 3120 W. Belltower, Suite 100 Meridian, Idaho 83646 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. ~? ~ }~}~~. T; l`? I~; 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 sepazate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. DEVELOPMENT AGREEMENT (RZ 07-018) BRIDGETOWER CROSSING OFFICE PAGE 6 OF 9 ~' ~` ~ ,Y e , v ' ~r'~ ~ .z Y` 3 a.. '' f' ~ :~ ,{. !: -! =i s' t ~ s ~ y~ i~~ ~ •'j a 3 k ~~I~ Ai. ~, s i a. •; $ ~f ~ I 3 t j I . ,, r I I L 4 ; l ~ o I fi ~ I ~ ~ I ~ . ~ Y ? ~ 3 ~i ~ ~ ~ 1 ~ !y 1 i I .' r (; j t i ~ I ,~ 1 I ~ ~ ~ ~ ~ ~ ; t Y i ,+ ~! ~ ` C t ~ x ~ f n { , ~ `~` s ~ €€ i • 1 S. 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/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 benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Deveioper, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that OwnerlDeveloper 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/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 Owner/Developerand City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided foz 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 (RZ 07-018) BRIDGETOWER CROSSING OFFICE PAGE 7 OF 9 ~! I 7 ~; Z ti, t i -{ i. 1 j " i Y i t l:, ~ ;~ I $ ?~ 1:. € ; i; 1 ~! h -- ; ~; I _ f .: ;f 4 `~ I ~'1.~ ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER PRIMELAND DEVELOPMENT COMPANY, LLC By: CITY OF MERIDIAN By: / MAYOR T de WEERD ATTEST: ,`~,~~~uui~r,,,~~~~' r JAYC L. HOLMAN, CITY C~,E SEAL ~~~~ ~~~~ DEVELOPMENT AGREEMENT (RZ 07-018) BRIDGETOWER CROSSING OFFICE PAGE 8 OF 9 ; ~ ~ ~ ~ ~ ~ t : ~ ~ ~ ' ~ ~ ~ ~ ~ ~ d ~ ~ ~~ i ~ ~ ' ~ f ~, iI ~ ~ `~' ~~' _ ~ 1 f. j s .I i ~ 1 i ~ ~ ~ ~ c ~ ~ ,~, - ~ ~ ~ ~ t t ~ rC s : s :: ~ i < ~ i ~~ ~ j M y~ 3' f i 1 E ~, 5 > s~ ~s ~ ~' F ~~ ~ ~ i ~ _~ ~, t ~ I S 7 ~ 4 ~~ ~ ~u ~ r F ~i i s._ (( ~ ~ f S ~~ SS r 4 ~ ~ ~ ~ ~ ~~ ~ . F ~~ y . f ~ `~ ~ ~ ~ ~ ~ s. ~"' ; i t 1z~ ` ~ ~ I ~ ~ { , I g './ 1 ~ o STATE OF IDAHO, ) ss County of Ada, ) On this S~_ day of ~' L~„ , 2008, before me, a undersigned, a Notary Public in and for said State, person /lay appeared _ ~lLal..~C.. S. ~'Q.~fif i ,known or identified to me to be the ~ 1(~f f (J~1P of Primeland Development Company, LLC and the person who signTed the above and acknowledged to me that he executed the same on behalf of said corporation. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .....::SEAL KIMBERLY WINKLE Notary Pubtic State of Idaho Notary Public Idaho Residing at: My Commission Expires: l STATE OF IDAHO } ss County of Ada ) '~'' On this 2.d day of rnQ , 2008, before me, a Notary Public, personally appeared Tammy de Weerd and aycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .• M. ~~. ~S4%' oTArp ~.~ ; (SEAL) : ;' ~ '~' ~~ : Notary Public r Idaho • ~ ~ ~ Residing at: n ~ [~ l~ 1 ~~ ~ ~ ~,~ ~,~ ~ Commission ex fires: • ~~ ••...~ DEVELOPMENT AGREEMENT (RZ 07-018) BRIDGETOWER CROSSING OFFICE PAGE 9 OF 9 i; i S f i f ~~ ~ ~ ~, r ~ ( i ~ ~ 1 ~ '~ 1 t~ ~~ i ~ ( { r ' ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ f G _ ~ ~ ~ ~ ~ I~ ~~ ~ +~ ~ , , ~'~ i ~E. f ~ ~ k r ,y ~ ~ ,t4 ~ I ~ f ~ ~ ;~ a1 ~ i ~ t : ~~ fi~ t < ~ '~J ~ ~ ~ ~ ~ ~ ~ ~ k ~ j ~ ~' ~ S ~ ~ i ~F,~ ~ ~ { * . ~ I' ~S ~ V } i ' ~ E ~ ~ i ~ ~s ;~ ~ ~` . f ~ . :~ ~ t ~ ~~ ~ - t~~ ~ ~>~~ E ~ ~ ~ , ~ 1 8 ~t ~ ~ r ~ ~ ~ ~ ~ _ . ' ~ ,' Mkt ~ i t ~ 7 tis ~ ~ ~ ;i ) ~ ' n { 4 ~ c r , i { I { {-- 3i ~ ~ 73 : E i ~ '~~ ~ 1 '~= ! ~. ~ rt ~ i-. Y jE ~~ r i ee f e o~ Ezhibit pi - Bridgetower Crossing Office ~~ 6Zuadrant Consulting, Inc. Legal Desariptton Far Brldgetower Cr~sing Subdlvfslon No.1 S (Rezarm) Raxo~ning from R.4 to L-O Lot 95,16 and17, Stack 36 and Lot 1, Block 39 of Bridc,~toa>sr Crossing Subdivision No. 11, Book 95 of Plats at pages 11804-11805; Ada County Records, t.M 43,44 and 45, Block 32 of Brt~stower Grassing Subdivision No. 12. Book ~ of plats a! pages 11834 11838; Ada County RerArtts and a portion of the Right-Of Way of North Linder Road, West 111tcMiNan Road, and North Copperdoud Way kxatt~l in the Northeast quarter ~ Secpon 35, Tovmship 4 North, Range 1 West, Boise Meridian. Ada Courty, Idaho described as follows: Commer~ing at the Northeast rxirrter of said Section 35,.being the Paint of tB~fnMng; Thence South 00°15'1T' West, 1317.40 fast along the East fins of mid gec4ion; Therx~ North 89`19'30° West, 418.01 feet b the Souttrwse# comer of said Lot 17; Thsm~ North 00'15'17" Est, 1318.35 fast to the North line of said Section; Thence South 89 28`07A East, 418.00 feat along the North tine of sad Section; Said ~rc:ei cnntains 12.t'~i7 acres more or lees. vm. eat ' OCR i 5 2~t!~ ~~p1AN p~;IC ~ ' 1. ~ .~ 'dL .I .i t~ ' } ~_ i f ~~ ~ C ~ ^ - I. f 1 ~ jS~~, i ~ 1 i( ~ 4 .; _ ~ _ 3 ~ ~ b. i ~ ~ ~ ~ i . ~ ,~ ~ (((( ~ ~- ~, 1 F $ ]L 9 ` 3 ~ k n ~ ~ t ~ _ ~ B k l ~ ~ Y y _ { A ~~ 1 ` ) 7 ' ~ i f ~ t 1 4~ ~ ~ ( ~ "~ i ~ ~ ~ I , ) ~ ~ ' ~ t ~ ' ~ ~ ~ :~ ~ ~ ' ~~ z i ~ ~ aid ~ "i , a f ~~ j ~ :r ~? w t ~' z ~ , ~ s r i1ti - ~ ; ~ i I ~ ~ ~ f j F~ , , ? k ; ~ j ~ ~ ~ r _ - ~ F j; ~( ~t CITY OF MERIDIAN PLA~EPARTMENT STAFF REPORT FOR THE I3E~G DATE OF FEBRUARY 26, 20Q8 STAFF REPORT Hearing Date: February 26, 2008 E IDIAN~-- TO: Mayor and City Council I D A H O FROM: Bill Parsons, Associate Planner 208-884-5533 SUBJECT: Verona and Bridgetower Crossing - MI-07-013 and MI-07-014 Request to Modify the Recorded Developments Agreement for Verona and Bridgetower Crossing, by Primeland Development Group, LLC. 1. APPLICANT'S REQUEST & STAFF ANALYSIS NOTE: The Verona DA modification (MI-07--013) was previously analyzed as part of the Verona Commercial staff report (RZ-07--017 & PP-07-022). Staff has updated the Verona Commercial staff report by removing the analysis and recommendations for the Development Agreement and incorporated the DA provisions into the subject staff report Furthermore, Staff is now recommending that a driveway access and easement be stubbed to the eastern property boundary of the two office lots (east of Cortona Way) for future connectivity w&h the adjoining commercial property. Staff requests that an additional provision be added to the new Development Agreement being proposed with the Verona and Bridgetower Crossing miscellaneous staff report and that the subject preliminary plat conditions be consistent with that request The applicant, Primeland Development Group, has submitted Miscellaneous Applications (11~ requesting modification to the recorded Development Agreements (DA) for the Verona Subdivision and the Bridgetower Crossing Subdivision. MI-07-013 -The subject Development Agreement was recorded for Verona Subdivision on June 13, 2003, as Instrument No. 103097612, records of Ada County Idaho. The applicant is proposing a first amendment to the DA by amending Section 3 "Defmitions" modifying sub-section 3.4 "Property" excluding the Verona Commercial properties (proposing to concurrently rezone from R-8 to C-G and L-O (see file #RZ-07-017) of the recorded DA for Verona Subdivision. Staff is recommending that these areas be removed from the current DA for Verona and instead be subject to the provisions of a new DA with the language/restrictions provided by Staff below. The existing Verona DA applies to approximately 62 acres located on the east side of N.Ten Mile Road, north of W. McMillan Road and approximately a half a mile south of Chinden Boulevard in Section 26, T. 4N., R.1 W. The Verona Commercial site is located on the northeast corner of N. Ten Mile Road and W. McMillan Road and incorporates approximately 19 acres. The site is currently vacant and the applicant is proposing the site develop with a mix of non residential uses. MI-07-014 -The subject Development Agreement was recorded on November 8, 2001, as Instrument No. 101117652, records of Ada County Idaho. The applicant is proposing a first amendment to the DA by amending Section 3 "Definitions" modifying sub-section 3.6 "Property" excluding the Bridgetower Crossing Office and Commercial properties (proposing to concurrently rezone from C-G and R-4 to C-N and L-O (see ,file #RZ-07-02Z) of the recorded DA for Bridgetower Crossing Subdivision. Staff is recommending that these areas be removed from the current DA for Bridgetower Crossing and instead be subject to the provisions of a new DA with the language/restrictions provided by Staff below. The existing Bridgetower Crossing DA applies to approximately 580 acres located south of McMillan Road, east of Ten Mile Road, west of Linder Road and north of Ustick Road in Section 35, T. 4N., and R. l W. However, two projects (Bridgetower Crossing Office and Bridgetower Crossing Commercial) are Verona and Bridgetower Crossing MI CTI'Y OF MERIDIAN PLAI~~VI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 26, 2008 . driving the DA modification. These two projects only include approximately 2b acres. Rather than modifying the overall (original) Bridgetower Crossing DA, Staff is proposing to remove these areas from the original DA and draft a new DA for the two new Bridgetower Crossing projects. The sites are currently vacant land with a mix of residential, commercial and office uses surrounding the proposed projects. UDC 11-SB-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. The City has sent out notices of the subject request in accordance with the current standards for public hearings (see Section 4, Process Facts, below for publication dates.) There are no required findings for a miscellaneous application/development agreement modification. Below, staff has provided the most pertinent facts and analysis related to the proposed development agreement modifications. At the Planning and Zoning Commission hearing on December 20a', Staff recommended the applicant modify the existing Verona DA to allow more office Iola and include the Bridgetower commercial lots as part of the revised Verona DA. Instead, Staff now recommends the applicant modify the existing Verona and Bridgetower Crossing Development Agreements to exclude the commercial and office areas and enter into three new Development Agreements to govern the Verona Commercial Project, Bridgetower Crossing Office and Bridgetower Crossing Commercial Projects with the language proposedl below. NOTE: The anplfcant submitted three concept ndans~or the Bridgetower Crossing Commercial pro'ect. Sta f has inserted all of t~plicant's concept plans in Exhibit B, including their pre~rred conce t elan concept plan 1) and also the concert elan recommended by the P&Z Commission in Exhibit B (P&Z Commission concept elan) The applicant is asking for,tlexibdlity in the number and size of the buildings that wild be aldowed/required on this site however the Planning and Zoning Commission recommended approving a concept elan for the site as pro op sed by sta~'and shown in Exhibit B. Sta„~' Bs recommending approval of the applicant's request to amend the Development Agreemen&s for Verona arad Bridgetower Crossing Subdivisions, as mod~ed by City Sta, ff'below. Existing DA Modifications Staff recommends that the Council direct the City's Legal Department to draft modifications to the recorded development agreement for the Verona Subdivision as follows: • Section 3 -Definitions Modify sub-section 3.4 "Property" to exclude the azeas as set forth in Exhibit C (pages 1- b) which identify the Verona Commercial properties, respectively. Staff recommends that the Council direct the City's Legal Department to draft modifications to the recorded development agreement for Bridgetower Crossing Subdivision as follows: • Section 3 -Definitions Verona and Bridgetower Crossing MI 2 CITY OF MERIDIAN PLASEPARTMENT STAFF REPORT FOR THE HEG DATE OF FEBRUARY 26, 2008 Modify sub-section 3.6 "Property" to exclude the areas as set forth in Exhibit C (pages ~9- ~4~14} which identifies the Bridgetower Crossing Office, and Bridgetower Crossing Commercial properties, respectively. New Verona Commercial DA The area proposed for the commercial area was originally subject to both the Bridgetower Crossing DA (the properties now zoned C-G) and the Verona DA (the properties now zoned R 8 and proposed for L-O and C-G). Staff is tying the developer to the elevations submitted with the subject MI applications. By developing a new DA for the commercial and office area, Stacy believes that this will allow for more efficient implementation of the DA over time and more timely development of the property. Staff recommends that the Legal Department draft a new DA for the Verona Commercial properties that includes the following provisions: • The proposed commercial and office buildings shall be constructed with high quality materials, including but not limited to: stucco, wood and brick, with substantial stone accents, four sided architecture: or retail uses one ide may n t repu're ill fa a e treatment 'f h~~ is ~reeni~g for the loadin_~ area_.. highlighted main entrances, stamped decorative concrete, naietal roofine. composite or file roofing materials and variations in colors, roof planes and parapet heights. • Elevations shall substantially conform to the photos submitted with MI-07-013. • A minimum of 9 ~ buildings with no one building exceeding 50,000 square feet shall be constructed on lots associated with the Verona Commercial Subdivision. The maximum allowable non-residential square footage for this development shalt be 225,000 square feet. The development of the site shall generally conform to concept plan in Exhibit B, as determined by the Pl nning Director • The applicant shall provide cross acc.Pes from tl±e southern office lot located eact of W M'lano Drive to the vacant commercial parcel east of the site [Mayor and City Council: please note Staff is recommending that an additional provision be added to the new Verona Commercial Development Agreement that a driveway access be stnbbed to the eastern property boundary of the two office lots (east of Cortona Way) for future connectivity with the adjoining commercial property.] • e City Council exnectc enure ctamne~ riPrnratiye c~nn~rAt[? within tht> ~pppet .~ .io.>el.,,....o..~ New Bridgetower Crossing DA's When the Bridgetower Planned Development was originally approved, the applicant did not have a clear vision for how the commercial and oiTxce sites would develop. With the approval of the AZ/PD, the City Council conceptually approved the commercial portion of the development and allowed office uses within an R-4 zoning district. The current DA required the applicant to amend the Comprehensive Plan and rezone the office lots prior to issuing a building permit. The commercial lots were also subject to CUP approval as no concept plan was presented to City Council at the time of the initial approval. Since that time, the Future Land Use Map has been amended by the City to reflect these approvals. Because the applicant now has a concept plan for the both the Bridgetower Crossing Office and Commercial Projects (attached below) reviewed concurrently with this application and included in Exhibit A; Staff believes the applicant should no longer be subject to the above mentioned CUP requirement. However several of the approved office lots have not been rezoned to reflect the City's changes to the Future Land Use Map and staff is not supportive of removing this requirement until such Verona and Bridgetower Crossing MI 3 CITY OF MERIDIAN PLA1'JI~EPARTMENT STAFF REPORT FOR THE G DATE OF FEBRUARY 26, 2008 time as all approved office lots within the Bridgetower Crossing and Bridgetower Crossing East Subdivisions are rezoned to L-O. By developing a new DA for the commercial area, Staff believes that this will allow for more efficient implementation of the DA over time and more timely development of the properly. Staff recommends that the Legal Department draft a new DA for the Bridgetower Crossing Office properties that includes the following provisions: • The proposed commercial and office buildings shall be constructed with high quality materials, including but not limited to: stucco; wood and brick, with substantial stone accents, four sided architecture: for retail aces one side may not r~uire full facA~1P treatment if there is scree ins for the loading area.. highlighted main entrances, stamped decorative concrete, flat roofs, metal roofimg. composite or the roofing materials and variations in colors, roof planes and parapet heights. • Elevations shall substatrtially conform to the photos submitted with MI-07-014. • Development of the property shall generally comply, as determined by the Planning Director, with the conceptual site plan submitted with MI-07-014. A minimum of S .buildings with no one building exceeding 15,000 square feet shall be constructed on lots associated with the Bridgetower Crossing Office Subdivision. The maximum allowable non-residential square footage for this development shall be 43~-5A 1~(_Q__U square feet. • The development of the site shall generally conform to the concept plan in Exhibit B. • e Citv COUnCII a nests came stamped dernrative ~nn~rptP within the nrnnnced [levPlo~~nt, Staff recommends that the Legal Department draft a new DA for the Bridgetower Crossing Commercial properties that includes the following provisions: • The proposed commercial and office buildings shall be constructed with high quality materials, including but not limited to: stucco, wood and brick, with substantial stone accents, four sided architecture: for retail uses one side may not wire full facade treatment if thh_ere is ccreen'na for the loading- area.•- highlighted main entrances, stamped decorative concrete, ~.at roofs, ~t metal roofine. composite or the roofing materials and variations in colors, roof planes and parapet heights. • Elevations shall substantially conform to the photos submitted with MI-07-014. • Development of the nrouerty h 11 generally comply as determin_e.~ bXthe Planning 'rec r a minimum of 4 buildings with no one building exceeding 33,725 square feet shall be constructed on lots associated with the Bridgetower Crossing Commercial Subdivision. The maximum allowable non-residential square footage for this development shall be SA~~A square feet. • The development of the site shall generally conform to the consent nlan_ 1.3 or an_v comb'n flop of l and 3 in Exhibit B. [City Council: please note that in the concurrent preliminary plat and rezone applications, the Planning and Zoning Commission has included a recommendation to modify the concept plan for the site. Staff has attached a copy of the concept plan in Exhibit B.) • e City Council expects enmp ctAmned d .nrativP ~.nnrrPte within the~~~~l ~1s+vP1.++++++o++* Staff'recommends that an amendment to the recorded Development Agreements for the Yerona Subdivision and Bridgetower Crossing Subdivision be approved and three new DA's be recorded to govern each ofthe Commercial developments as proposed b„y City Sta,~`'above 2. LOCATION & SURROUNDING USES The Verona Commercial Project is located at the northeast corner of W. McMillan Road and N. Ten Mile in Section 26, T.4N., R 1 W. Verona and Bridgetower Crossing MI 4 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 26, 2008 The Bridgetower Crossing Office Project is located at the southwest corner of W. McMillan Road and N. Linder Road in Section 35, T.4N., R.1 W. The Bridgetower Crossing Commercial Project is located on the east side of Ten Mile Road and approximately 400 feet South of McMillan Road in Section 35, T.4N., R.1 W. a. Adjacent Land Use and Zoning for Verona Commercial 1. North: Vacant office lots and Single family residential, Verona No.2 and 3; zoned L- OandR$ 2. East: Vacant commercial land; zoned R-4 3. South: Bridgetower Marketplace and Single family residential (Bridgetower Crossing No. 7); zoned C-G and R-4 4. West: Vacant, Volterra Subdivision; zoned C-G b. Adjacent Land Use and Zoning for Bridgetower Crossing Office 1. North: Vacant; zoned C-G 2. East: Single Family Residences (Ada County} and Cobblefield Crossing; zoned RUT and R-4 3. South: Single Family Residence/Agricultural Land; zoned RUT Ada County 4. West: Bridgetower Crossing No. 11 and 12; zoned R-4 c. Adjacent Land Use and Zoning for Bridgetower Crossing Commercial 1. North: Bridgetower Market Place; zoned C-G 2. East: Bridgetower Crossing No. 5 and 7; zoned R-4 3. South: Bridgetower Crossing No. 2; zoned R-4 4. West: Vacant, Volterra Subdivision; zoned C-G and L-O 3. PROCESS FACTS a. The subject application will, in fact, constitute a development agreement modification as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: February 4, 2008 and February 18, 2008 c. Radius notices mailed to properties within 300 feet on: February 1, 2008 d. Applicant posted notice on site by: February 16, 2008 e. Section 4.2 of the recorded Development Agreement for Bridgetower Crossing currently states: "No change in the uses specified in this Agreement shall be allowed without modification of this Agreement." 4. RECOMMENDATION: Stag' recommends that an amendment to the recorded Development Agreement for the Verona and Bridgetower Crossing Subdivision be approved and three new Development Agreements be recorded to govern the Verona Commercial Project, Bridgetower Crossing Office and Bridgetower Crossing Commercial Projects as noted in Section ! of the Staff Report above. Staff further recommends that the Mayor and City Council direct the Legal Department to draft an amendment Verona and Bridgetower Crossing MI ~ i 3 ~~ ~. 9 i ' ' ~ ~ 3 i ~ # I ~ 'a ~ ~ ~ ~ Z `t , ~" f -~ ~ ~ ~ ~ S i 1 ft E ` ( } ~ . ' t 1 (~ teF ~ RY ~ -~ 1 3.; ~ I~: 1 F ~ ~ ~ ;~ ~., iiS ~ ~ r , ~~ ~ ] i ~:.' x ~ ~~ j ~ 99 y ~i 3 ~ F ~ ~ ~ ~ i ~ ~+ 5 1 Y &~ F ~ ~ ~ s !~ g I.i~ z = ` I ~ zt ~,~ ~ i Y ~~ g' s ~ 4 gdsg F , ~ ~ ~, ~ ~ Nr ~ ~ ~ ~, ~ ++~ yy ~ f 1 ~i a `. ~ . k i f ~ K 1 0 1 1 ~ C j { { 1~ ~~ ~ - ~ ~ ` 7R ~ g ~ - ,. F i ~ ~ a ~ i ~ i I @ I ~ ~ n p , ,7 ~ ~ - i ~~ ~ ~ i ~ 4 ry , ~ a ~ 8 r : yyyF yF ~ 1~ ~ ~ E 9 9 k r I C ~ ~,] ~ ~ ¢ 4 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE DATE OF FEBRUARY 26, 2008 to the Development Agreement for Bridgetower Crossing Subdivision and the Verona Subdivision that includes the modifications listed herein and includes a copy of the submitted Concept Plans, and that the current Owner/Developer, Mayor and City Clerk sign and then record said document. 5. EXHIBITS: A. Vicinity Maps (3) B. Concept Plans 1. Verona Commercial 2. Bridgetower Crossing Office 3. Bridgetower Crossing Commercial (3) - Planning and Zoning Recommended Concept Plan C. Legal Descriptions and Exhibit Maps D. Elevations Verona and Bridgetower Crossing MI 6 ~ SS ~ 1 0~. ~ { { ~ ~ II f _f ~ ~ ~ ~ ~s ~ s ;~ ' ~ F i '~ ~ I i ~ Y 1 t ~ i ~ f ~ i; `; ~ ~ ~ i ~i I ~. S ~ ~ ~ ~ { r ~ i # ~ y ~, ~ ~ c t ~ ~ ~ 1 ~ i ~E ~ ~ i ~~ <! s-. ~ ~ ~ < i ' ~ r. e ~ ~~~ ~ 4i ~ € i t r x ~ < < t i ~ ~ ~ Q~ t E ~ : ~ ~ s s~ ~ ~ ~ ~ C ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF FEBRUARY 26, 2008 Ezhibit A -Vicinity Maps d.' bAAL rp D? vb hNd rCLE L'R ~ W PEVENNA ~ . W RAVfP1NA Sf ~~u! :r ,~: 'A! tiE'aER ~ W ['EDfR ~avE ~~ G405t Si w ¢ ~ ~ a 3 !/ t71TCH CREEK 5T z U 4 W dtViDf CREF+~" +JR z x. N RRUJEC7 N D1V1DE C.REEt( Si 2 ~ ~ W WAPt?07' SP w tti _~ ~ ~ W MtLANO DR ,~ d ~j ~, ~~ 4 %/'~i r%~ •~ ~ `~/1~~~~~~/~/ ~ W TJRJN C' tY1CM/LLAN ROAD ~. VICINITY MAP ^~Quadrant Consulting, (nc. AOA CGUNIY SEC. ~E, i--4N, R-ttS ;~pKp '~"~'~~'~~++OAO 8dne, tiaho 8lTDS SCALE: oRG,JEC'F 0.4. bAT~' PAt;E: (7o8j Ja?-G09? M+ON[ (2C8) !~2-C8p? FAX F "~J(uj. 393•-CJ 08/78/?ODl SAIEEF10f i Cwt E+rfrkF6~P+rtC-SUA4[~AYG-CONS7PUC7lON MANACiE~'k~ Exhibit A 1 ,t tt # t t t s S i I } ~ i ~' ~ ! ~~ t ! ~< ~ ~ I t ~~ ~ ~ 1iY ( ( ~ f ~ i ttt I Y ~ } ~ 33 ~ ~ ~ ~ s e t ( ~ ~ ? t . t } ' +. ~ ~ ~~+ ~ i a ~ ~ ~C i Y . ~ ~ i . s~ ~ ~ t ~ ~ t n: ~ ~ ~ I } ~ ~ _~ ~ ! ' 3 t, ~ - ~ ~ ~ ( ~ ~ ~ ~~ ~= i fi .: 6 ( E- { ~ ~~ t ~ . f t t ~ L :1 - ~ ~ : ~ ~ ] ~ F !t ~ ~~ ~ 1 ~ t ii J ~ r ~ ~ ~ ' 1 1 i f ~ ~ ~ ~ i 5 E ~ t ~ i ~. ~ c ~ L -( tc c. } ~ . } ~ t 3 E ~ i i ~ t ~ ~ E ~ I ~ ~ ~ ~ e + ~~ ~ i ~ ~ ~ , t~ ;~ ~ ~ t~ ( ~ ~ ~~ ~ ~' r @ ~ ~[ ~~ . CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR TI->E HEA~G DATE OF FEBRUARY 26, 2008 Exhibit A CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEAR DATE OF FEBRUARY 26, 2008 Bridgetower Crossing Commercial W DOC LN I-I; Exhibit A 3 ~ ~ '~ I ~ k i r . ~ ~ I K I ~ ' r 3 f ~ s ~ ~ ~ i F ~ ~ h ~ , ' ~ r ~ ~ r ~ ~ y~ I j . i f ~ I 1 I F L ' 1 ~ ~ ~ ~ ' ~ S I ~~ ~ ~ ~ ~ 1 CITY OF MERIDIAN PLANNING bEPARTMENT STAFF REPORT FOR THE HEA~ DATE OF FEBRUARY 26, 2008 Ezhibit B -Concept Plans Exhibit B 1 ~; s << ; ~T k~ g{ ti ~; i h.: ; p ~S , S1 j; Fi ~^ ~ 1 7 f; 7` i CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEAL DATE OF FEBRUARY 26, 2008 .~ ~~~ ~ ~ ~~ ~LA1~Vi~~iG ~ ~1~t1~+TCa Exhibit B 2 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE IIEA~ DATE OF FEBRUARY 26, 2008 :e ~ _ Ij'~ _- _a ~E~ 4 3 ~. y ~ - `, o~ ~ ~ ~I art--- ----.--.. a4: ~~ N ^. ti ~~ O ~~ ~~ N App~t's PiI-: , ' BRIDt,~TOVVER 76 PROPOSED C-!d ZONING AREA CUNCEP'Ti1AL DEVELOPMENT PLAN - VERSION 1 Exhibit B 3 f, 1~ ~ ;1 ~ ~ i-, 1 k ~ - ~ r ` ~ ~ ff ~ ~ ~ ~' _ ~ r ' ~ i i i ~ ~ ~ ~ r ' ~ ;, ~ ~ ~ ~ ;~ f ~ ~ 1 ~ F ` ? 1 i i ~ • ; ~'! i ~ . ~ : ' ~ a ~3~ ~. ~ i ~ ; ~ 1 gyp.. ~ ~ ~- 1 . ~ ~ ~ ~ ~ - . {{ 4 M1 k ~ ~ _ i ~k~f ( ~ ~ ,5 7 ~ ~ ~ i ~ K ~ ~ i f ~ t 1 ~ f i ~ ~ ~ ~~ ~ 7 t 1 ~ ~ i ) , ~ ~ ~ ~ `1 1 ~ Y _ 1 f ~ I . 1 1 ~ ~ t ~ 1 Ifs }I ~ i i '+ r ~ - ` !! q j ~ } `' R ~ a ~ r ~~ ~ a F ~ 3 ~ _ ~ i ', ~ i. ~ ~ ~ ~ _ ~~, ' ~. _ Y ~ 4 ' '.! f S ~ ~_ f ir~ F ~ ~~ ~ ~ ,~ CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEAL DATE OF FEBRUARY 26, 2008 Cfil' OP lttER1DIAN Pl.ANNlNG DEPAR'iTdtFWT STAN REPORT FOR 7~IL HRARING bATIi OF FEDRtlARY'-b. 2UQ8 U3 Exhibit B ' `~-~-.~ ,~ ~ mrw sa~r i .~-~----_ r-r" e • ~ ~IWER 16 r~o~a~u c-a zc~nac aR~ C~it~P7iJA~. DEVELIT PU1a - Y~RSIW1i 3 P&Z Comm~ion R~onmended Coe~xpt Plan for Br~etower Crossimg Com~er¢i~l ` Bxieibit S E~~f } 1 i~, ~ ) d ~ ` { ~ S i p ' t } ' a I i ~15 F 5 '~ 1 fj ~ ~ ~ ~ ~ c 7 f WSJ ~ ~ ~, ~ . S E F ~ i ~ ~ ~ ' ' i i l ~ 4 ~ ~~ ~:. . 4 ~_ ~ i ; t o f ~ ~ ( r} ``, L ~ I f ~ 14 F I 4 ~_ ~ ~ v ~ i {{ ~r i .~ ~ i 4 4 l ~! ~ f f ~ ~ w ~ , t t1 ~ ~ ~~ ,t C ~C~ ~ a ~ ' i ~ ~ t , ,~ ~ ~~ ~ { r 1 ~ f l i {{ ~~ ~ 1 ' . R ~_ ~ . ; ~ ~ sj ,~ ? ~ t :(' ~a`~ 1 Y I ~ € i ` ' i ? k I :`~ ~ ~ t j i $~ . ~ ~ ~ - »t A ( 1 ~ ~- Y y ~.~ i f ` ~ h' 4 I ~ r u 1t1 S. ; ~ ti ~ ~ a ' " ; ~ ~s ~ !,,~~~~ t ~~ j CITY OF MERIDIAN PLANNIN•PARTMENT STAFF REPORT FOR THE F[I DATE OF FEBRUARY 26, 2008 ~,- ~~ f NOT APPROVED C-.~ ' ' @RiDGE1'OIAIER 9 6 PROPOSED C-N ZONING AREA CONCEPTUAL DEVELOPMENT PLAN - VER~ON 2 Exhibit B N u 3 x' ~ ~ 1 ~ ~ ~+ ~ 3 1 ~ ~ ( 9[ s } ~ f [ i 1 E f 4. ' ~ ~ i ~ I r F ~ f ~~ ~ i ~ 3 i~:~ ~ ~ ~ ~ ~ ~ i ~ 1 ~. ~ ~ -y I.~ ~~i ~ ~ ~ ~ ~ i 7 ~ {ni ~, ! ~ ~ { f 2 i ~ # ~ ' ~ ' s' 1 '' ~ k i.. ~ ~ ~~ ~a ~~ ,~I ` _ ;~ f ~ ~ lI ~ ~ yy 4 ~_ t ! ~ ~ ~ , a~ ~ -1 I , ~r :x } ~ C ~ ~ ? ~" r ~ ~ f ~~ ~ ~ , p ~{ ~ ; z. ~ ~ , ~ ~ t ,~ $ ( i ~ ~ n 3 s+ _ }, 1~~ 1 ~~ S ~~ r ~ ~ z ~, ~ ? S ~ ~ r {f ~ f I yy y3*~ SA ' .y~ , { ~ 8 L ~ ~ ~ S~ . ~ < X74 E ~ yy y f ~f ~ c:'.i 5E ~ t ~ y ~ - ~ , ~ fl ! I ' {F r~ ~ jj $ ~ ~ ~;,~ ` 1 :~ ~ f ~ ~ . ~ M ~ ~ i T , . 2 J ~ E'~ t ' ~ ~'I Y ~ ~ ~ xr ~ ~ S ~ ' ' ~ ' l _ i F c 4 ~F ~ 3 t 222 , , ~ i ~ ~ ~ ~ r° ~ a ~ f ~ . ~ }~Lj '~ ~ ~ t f f i ': i 3 k ~- I ~ x ' CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE IiEAR~DATE OF FEBRUARY 26 2008 ®~~~ ~~ • ' BRIDG`ET011i~R i6i PR4~OSED C-N ZONINGi AREA CONCEPTUAL. DEVELOPMENT PLAN - VER~~i 3 N Exhibit B ~ 5 1 g ~ 5- ~ x f k I ~~~ I 7 - ; t ~~ ~ Y- ~ ~ ~ 3 ~ T ~ l3~ ~ ~ c F ;k 1 ~ ~ " ~ I I - ~ , i _~ [ ~ }L d ~ ~ ~~ 1 i ~~ } ~ I I ; ~ ~ ~ ~, ~ F r ^ ~ t ! I ~~ r <~ ~' f i ~ ~ P '' ~~ I t 1 ~ .~ I ~ s ~ ~' ~ r ~ ~ ~ I - ~ ~ j ~ ~ ~ ~ i Y{ E ~ r I 1 i 1 L t .~ f 3 ' 'r. i i ! i ~' 1 ~. ~ ft t 1 i 1 ~ I ~~ ~~ 6~f F ~ I I ft 1:f ~ t I ~ ~ ~ ~ 1 ~ ~ t ~~ } S ~~ ~ f i I s f ~ ?~ f } $ i ~ i ~ I ti 41 1 ~ ~ ~~ I ~ 4 1 ~ ~ I i ~' y '+; -. I ~ ~ ~, ~ ~ , .~ y~~ ~ f ~ > i - y ~~ _._... CITY OF MERIDIAN PLA1'J]VIN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 26, 2008 Exhibit C -Verona Commercial ^^ ^^ Quadrant Consulting, lnc. Legal [)aecri~on For Verona Subdhrit3bn No. 4 Rezone From R-$ to L-0 Exhibit C Lots 35 and 38, Block 10 of Verona Subdivision Number 2, Book 91 of Plata at Pages 10743-10744: Ada County Reoards arsl a portion of the Right-OFaAtay of North Cortona Way and West McMman Road, located in the Southwest'/. of Sediort 28, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho described as follows: Cornmencing at the Southwest comer of said Sectlon 213, thane South 88°5p8'18' Eaatt, 103$.55 feet abrtg the South lute of said sectlan to the Poltrt of BeginnMg; Thence North 01'00'56" East, 240.22 fbet along the c~tiine of said North Cortona Way ~ a I'~nt; Thence carttinuing slang satd centedtne 184.07 feet along a save ~ the left, sad curve having a radius of 300.00 feet, a delta angle of 3T08'39" and a chord bearlrtg and distance of Notch 17'30'59° W~t,190:70 feet; Thettcs continuing akmg said certterfirte North 36°02'53 West, 67.24 feet b a point; Thence leaving saki ceMer9Me South 139'30' 16" East, 33.60 feet to the NorBtwest comer of said Lot 35; Thence oorrtinuing South 89'30' 16° East, 325.06 feet to the Northeast comer of said Lot 35; . Thence South 00°29'44" West, 433.02 fe®t to the Southeast cxrrner of sahi Lot 36; Tht3nce North 88°58'19" West, 20.Qt3 feet slate the SoutF~,riy troursiary of sad Lot 36 to a point; Thence South 00°29'44" West, 45.00 feet to a point on the South line of satd 3ecdan 26; Thence North 88'58`19° West, 241.85 feet alor~ ~~ South fine to the Point of t3+e~nning. Said pat'cel i 3.~3 acres more or ass. 1944 w.OveMand • E4oise;l{a 83905 • Phase 12081 X42-fl091 • fax (~813a2-0092 • EmaH: qucdranf~4ucrcNant.cc CWO EngU+eerin9 • Surveying • Construction Monagement ev OCT 12 2t~7 11 WO%$F~~/ -I- ~ ~ I , p ~ t r r , ~ ~ ~ ~~ ~ ~ ?~ ~ t $ e 4 ~, ~ ! t ~ ~ ~ ' ' ~ ~ ~ ( ~~ . ~ ~ u , f ~ ~ I t ' t ~ ~ 666 ! ~ ~ , ~ ~ J j . fj ~~ ~ ~ ~ ~ ~ ~ r i~` T ~ ~ ! ~ ~ ~ ~ 4 q~ ; ~ f [ ~ _ ~ ~, t " ' ~ i ~ z Is S ~t2' ~ ~ i ~ ~ " ~ d r. 1 2 , r °' ~ 6 r i ~ ~ ~ IE I ; ~ ~ ~ ~ l ~ i a ~ E ; ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ r, ! t j 'a r ~ i i t ~ 1 ~ f ~ ~ ~ ~ ~ ~ ~~ l qr f ~ ~t~` ~ ~ q' !! g ~ p ~4 ~ ~ ~ ' t ( ~ 4 ~ ~~ r 1 t F i ~ ~` ~ E ~ ~ ~ I ; ~ !: ~; ~ s „ . s ~ ~ ~ '~ ~ ~ ! i C: + r + , is ti a 4 ' ~ f ~ r ~ i { a I~ E I CITY OF MERIDIAN PLANNINN~DEPARTMENT STAFF REPORT FOR THE HEAI~(G DATE OF FEBRUARY 26, 2008 An1NFELDU0 MAY '^ ~=-_ ~«~~- VERONA S~UB~O/VI~SIO~N N0. 4 odront ~~ ~ ~paa ~C7f(JN ?8, 7 4 N., !L 1 W., AOA OQ1lMTY a~su ~g ne. Exhibit C -2- a, ~ ,~ <~ II F ~' i !~ ~ G r_~~ a ~ 3~ B .~ ~. ~, ~ ~ r E.y ~ ~ ~ !, - t ~ ; c ~ r ~ ii ~ ~ ~ ~~ ~.~ ~~ i M # ~ ~ ~ t ~ , i. ' ~ i. ~ i iii ,~ ~a kYkgF ~ ~' FI Y ~ k ;q ~ r k ~ i ~.- 7 ~ F ~~" ~ ~ ~ i 1 p ! I 31 f '~ IE@~ ,' !!!JJJ))) f ~ `, ~ C i f ' ; I ` S ~ ,, I f~ ~: [ L ~ + ~ t i t 1 r N ~ ~ ~ ~"~ 4~---.n~6° ------ ------~._ _~---- r i Ic Z ! ~ -! ~ t i ~" ,, ~ ` R I ? P I ~ If F r' CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE I-IE~G DATE OF FEBRUARY 26, 2008 legal Description For' Verona Sulusivierlon No. 4 Rezone From R-ti to C~3 ^~ Quadrant Consulting, inc. Lot 1 and 2, Biotic 12 of Verona Subdivision Number 2, Book 91 of Pits at Pages 14743-10744; Ada County Records and a por8on of the Right-0f--Way of North Cortona Way and West Mc~AiAan Road, locat~i in the Southwest'!. of Sec9a~t 26, Township 4 North, Range 1 West, Bofss Meridian, Ada Courtly, Idaho described as follows: Commenting at the Sotr#Flwest comer of saki Section 26, thence Saith 88'58'19° East, 855.00 feet along the South line of said section to the Point of BeglnMng; Thence North 001'49° East. 386.94 feet to t#te Northwest onmer of sad Lot 2: . Thence North 89°36'34° East,117.34 feet to the Northeast rx~msr of said Lot 2; Thence continuing North 89°36'30° East, 31.24 fast to the c~rlterline of said North Cortona Way; Thence continuing along sad cerrterlins 157.52 feet along a curve to the right, said curve having a radius of 300.00 feet, a delta angle of 30'08'48° and a chord bsaring and distance of South 14"01'37" East.15S.72 feet: 'thanes continuing along said centerihte South 01'00'58° West, 240.22 feet to a point on fire South Iine of mid Section 28; Thence North 88'58'19° Wsst,184:55 fist along Said South line to the Point of Beginning. Said parcel con~ins 1.623 acres more or its. 1 apt. ~.w . a~ ®CS ~ ~ ~~~ M ~Q ,~ u ~ 9oa w. overlong • Boise. iD 83705 • Phone (2~) 342-0041 • Fox 12081342.02 • Emoe: quadront~quodrant.cc CivF1 En~neer~g • Sunreyrng • Constructtoa t.tonagement Exhibit C :{ ~' -3- g (~y ~ I~ ~ yffii il~ 1 (~.~ ~ ~~~ / _\ ~ I ~ ~ I ~ ' + {t t ~ I ~ { f ~ I' ~ I F ~ ~ { ;;~ l7 € ~ f ! ^ 11 i 1, (}[ IB ~ [ ~ 4 f~ \ ~ l ' ~ a ~ ~ ~ ~ s ,j ~ 1 I 4 ~ E r e $y ~ ~ y ~ F ~ 2 j~ ~ , o~~ R i ~ ~ I ~ t ~ ~ :, s 1 1 i ~ ~ > ~ .. ~ ~ r v ~ ~ ~ ~ ~ ~ r ~ . ~ ~ ,~ ~ , i ~' ~ I E , , CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEA~G DATE OF FEBRUARY 26, 2008 "' .t1NRlk1 YGY °M L 2t ' Al i 1. '8Z NO/1D3S ll~{pf3 3HOY~ __- - f' 'QN NplSIA/U8liS VNO?!3A ~_»~ -~ .. .~ ti V 3 0 J R ~~~ AdA YN$A1lDa N )) jf ~C i` C } } . ~ 3 g ti Fi v ~~ e o - -- ~ sa -.rxr.m~.~.,aP..~r - ~am~, aar ^---saw vr.r~.men..,.m~..~ur-c~.sa+tena s~.s cr.ra .as "~ / Exhibit C -4- ~ S ~~ i ~ I'~v { ~.i { ~ I'~ I { 1 j r I I ~ t t 11I ~ 1 ~ t Yhhh ~ _ ~r~~ ~pi1. Y ~ ~ ~ !i { 1 T~ ~ 1> 1 ~ _ I ~ ~~ J ~{ ~ ~.S F~. (~ b ~ ! ~ ! ~ I 1 1 1 1 1 i ~ 4 ~ i ~ ~ E [ ~ r ~ p ~ o f ~ ~. I i ~ ~~ I 5. ~E ~ I ~, i i yN~ ~ ~ 1 p_ IC ~~ . w I ~ ~; ~ ~. ~~ ~ ~ {-'~ ~4 ~ s '~ x 1 ~ I t . j( ~ ~ ~. Q[ ? CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR TIC I-IE~G DATE OF FEBRUARY 26, 2008 ~~ 6'2uadrant Consulting, Inc. Legal Description For Verona Subdivision No. 4 Rezone From R-8 to L-0 Exhibit C t..ot 12, Btodc 10 of Verona Subdivision Number 2, Book 91 of Plats at Pageg 10743- 10744: Ada County Records and a port~n of the Right-Of-Way of North Cottons Way. located M the Southwest'/ of Section 26, Township 4 North, Range 1 West, Boise Meridian. Ada County, Idaho described as follows: Commencing at the Southwest comer of sad Section 26. thence South 88°68'19" East, 1301.40 feat along the South tine of said Seaton: thence North 00'29'44° East, 966.44 fiEmt along the Easterly boundary of saki Verona Subdivision Number 2, thence North 89°'30'16" West. 280.87 feet to the Northeast comer of said. Lot 12, being the point of t3eginning; Thence South 11`04'28"West, 104.20 feet along the 1?.as~rly boundary of said Lot 12; Thence South 00'29'44" We:st,110.00 feat to the Southeast cx:mer of said Lot 12; Thence North 88°30'16° West, 94.54 feet to the Southwest corner of said Lot 12; Thence contnuing North 89°30't6° West, 29.77 feet to the centeriina of said North Cottons Way; Thence continuing slang said ca3ntedine 72.98 feet akxtg a curve to fire left. said curve havir~ a radius of 200.00 feet, a deity angle of 20°90'87" and a chord bearing and distance of North 36°43'10° East, 72.$7 feet; . Thence North 42 49'44" East, 28.98 feet to the Westerly boundary of said Lot 12; Thence continuing North 42`49'44" East, 31.43 feet along the Westerly boundary of said Lot 12; Thence North 08'39'53" East,112.80 feet th the Northwest comer of said Lo# 12; Thence South 89'30'16" East, 132.00 feet along the Northerlyy boundary of said Lot 12 to the Point of 8e~inning. Said parcel cunt/a~i'n~s0.~9 acres more or less. ~ T 12 x(17 nrERtn+afii ~uauc WOFlK5 DEP1: 190e w. bverigrtd • ~, id 83705 • Phone l~l 34z-ass l • Fox 12081342-0092 • Erna' quaaront~~otlranf.cc Civil Engineering • SunreYrzrg • Construction MOnCgement -s- { ~ , ~' ~ ~ 7 ~ M1 ~ ~' i ~ ~ ~ ~ '+ I ? ~ I G 1 . ~ + I k ~ ~ I. F ~ ! f ~ i , . a ~ 7 ~ i ~ ~ , ~ 1 f ~ ~ ~ ~ ~ i ~ ' ~ ~ t ~ u; 3 i ~ .~ ~ ~ ~ _ ~ , r ~ _ ~ ~ ` f p~ 4 ~ ~ f ~ , ~ F i 3 .i ~pii ~ !I °~y i ~.X ~~ ~ ~ i j ° r ~ [ r .` ~~ i ~ . E ~ ~ ~ ~ ~ i e ~ i ~ ( ~ ' ' ~ ~ ~ I ' f ~ ~ 4~ j ~ ~ ' ~ ~ { ~ i F s ,~. ~ ~ ~ ~, ,. ~ ~ ~ ; ; I ~ ~ 4 ' r ! {' ~ i ~ ~ I ~l f, ~! ~ ~~ ~~ n G r i , ~ l ~gg ~!'I , L E ~~ ~ S ~ ~ ! , ~ CITY OF MERIDIAN PLASr DEPARTMENT STAFF REPORT FOR THE G DATE OF FEBRUARY 26, 2008 NONiELIMU I '~ i '~ ~~ t ~ '~ g s ~ ~~ ~ ~~ ~~ ,,.s N @ i 1~ A ~ j AA o ~ ~ ye fj ( ~ -~ ~ ~ ~ ~~ ~ 4 ~ r o ~ ~ 4 `.~-- ~ ~ W t~TONA VAY 1. ~~ ~°~~ L r~_ I ~~ Y ~~ dr » f2 J D Exhibit C -6- J ~ ` ~ ~ ~ ~ l r ' '~ r ~ t r? ~ ~ ~ r ; ! i ~ r r~ r~ ~ i ~ I ~ i ~ ~~~ ? } ? ~ ~ ~ ~ rl ~ ~ ~, ~ ~ ~ i _ ~ ~ ? 3 ~ ~ ~ ~~ i ~~ ' ~ ~ ~ ~ ~ i rk i ~', i r r E ~ s ~~ F ~~ 1 f 3 ~ ~ ~ 3 t I r ~ . ~ ~ a~ E ~ ~ ~t ~ ~ _ i ~ ~ 3~ ~ N_ ? r ~ ` I i ( y ~ ~ ~ ~ ~ f r ( .~ ~ ~ E r ~ " r ~ I ;} ~ ¢ ~u- F i ~ ~ ~ ~,~~~~ r ~ f ` il ~ E- I t ~ r ~ ' i ~ I ~ ~ 'j ( l ~ ~: ~ ~ f 1 ~ ~ 1 ~ t ~ ~ ~ ~ ~ (1 ? t f t~. ~ ~ ~ ~ i ~ I~ L F ~~ ~ ~ S ~ ~ t i' R 4 I t I ,,. I T ~ ~: ' ,~ . ~ , ~ ~ c t , ' ~` ~ ~ ~ s ~~ k ~ r5~~~ r r ' _ d t ^~°^~~ YERONA SUBDMSI©N IdC?. 4 asaoxE ~ansr~ ,stew SECilDN 28. T..t N., R. t W., ADA CaUNIV CITY OF MERIDIAN PLASDEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 26, 2008 Ezhibit C - Bridgetower Crossing Office ~~ QUCIC~fQCtt ConsuftMg, inc. Legal fZescrtptfcn For Brtdg~awer Crossing 8ubdtvlalan Rka.1 S {Rezarm) Razonl~ from R-4 to L-O lot 15,16 Sr~i17, Block ~ and Lot 1, Block 39 of Brfdgetower Crossing Subdvision No. 11, Bapk 95 of Plats at Pages 1180411805; Ada County Rsaords, Lot 4314 and 45, Btodc 32 ~ Bridgetower Crossing Subdivision No. t 2, Book 98 of Plats at f?ads 11834- • 11836; Ada County Rerartls and a portion of the Right-Of-Way ~ North Lir-der Rosin, West titan Road, and North Copperctcud Way located M fire Northeast quarter ~ Section 35, Tovrnshlp 4 North. Range 1 West, Boise Nteridian, Ada C4ttniy, Idaho described as follows: Commencing at the- Northeast cx?rrter of said Section ~, being the RoiM of 8eginnkyq; Thence South QO`15'17° West, 1317.40 fast afang the East fine of said Section; Thence North 89`19'30" Weet, x18.01 feet to the Southwest comer of mid Lot 17; Thencx~ North 0015' 17" East, 1316.35 feet to the North 8ne of sold Sedion; Thenr,~e South 89'28'07° Fast, 418.00 feet slang #te North line pf said Section; Said parcel contains 12.837 acres more or teas. ear OCR 15 ~E9? Msw~~.~c wa~~' Exhibit C -7- I~ ~; t ~~ ~ 1 a r ~ I ~ y ~ ~ ~~~ ~ n ~ A t ~ c ~ 6 ~ ~ { ~, ~ , ~ 3 I ~, Fif ~ ~ ~ ' { - j { f 1 frCfrC ~ ~ ; ~ ~ - . ? . 1Y ~ ~ ~ f i ~ ~ 't ~ ~ ~ I W i i ^: ~ ~ ~ ~ ~ ~ i ~ ~~ I ~ (~ ; E' .~ I ; ~~ ~ ~ ~ 4 111 ~, 1 ~. ~ 7~ :: ~ ~ A' ~ t gg 11 ~ ~ YYY I~< h ~'l ~ ~` ~ ~ 1 ~ ~ . f .. i. i ~ ~ ~ F ` ~ ~ ~ ~ ,f ~ j~ h f ~ `~ ~ ~ 1 ~ y { ~~ ' i ff~ Y i. ~ s ' i t ~~ i ~ 1 ~ ~ ~ ~ ~ ~ ~ I ~ 1 i, { P ' i i - ~~, . '~ ;. { ~ ' 7 - j j ~~ CITY OF MERIDIAN PLASJ3vI~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF FEBRUARY 26 2008 s~ •oar Exhibit C 6 0 -8- t~,~o~oara-e ~.. +1d9G s~3oN+~ ~terte ~v~a~a3 jQQZ ~ 1 1 h~ ~a ~ ~ t i r i i ~y ~ ' N o W J H Q J O .~. WaW U tZ GC W A d N W i CITY OF MERIDIAN PLASEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 26, 2008 Ezhibit C - Bridgetower Crossing Commercial ^~ i~ti4C~'Ctf1~' Consulting, Inc. ~i Dsscrtpt#on Ror B~ Cro~Htg t~t6~dlv~iorr No. 18 (C-!~l Rezone} Exhibit C Rea'r~te from R-4 arnt t;-G to GN L.at ~ thru 70. Bbcic 10 ~ Bridgetawer Crc{ssing Subdivision Nat. 7, Nook ~ of ire at Aegeo 1081 &10818: ~ CotatEy Records and 8 parttOtr of the light-O~Way of Notth Ten Aloe Ro>~ and Went Drive Ioca~d 61 the Nom R d 8ec~an 35, Toamshits 4'Notth. Range 1 West, Boise Meridian, Ada Count, Idaho trans l~Y • ~ d ~ f~nrs: ComrinenciRg ~ ~ Nit Darner of said Samson ~, So1tUt 00'ti2'46' West, 443.00 t~ atone the West ~- art sett seen to the Pohl of Begtantn~ Thence Socrttr 89'OT14' East, 222.77' test abn8 ~ ~ ~ said West (fir Drive; Theru~ ~ algrrg oetttetihus ~.3a f~ aicmg a dirve to the right, eaM owwe of 5south Sfl'P East. ~ Hof 1T03'32' and a chord b ark Thence oorrttntdng 88.541em eartor~ a curve ~{ ~- te11'. sekl exirve havhrg a radios of ~.~ 1~. a d+~ arse ~ 18'34'34' and a chord bsarirrg and ataa t# Souri $0~'S$° E 88.22 Therrcelleavirtg s,~i ~ ~'~46" West, 786.13 to-the t carrart-fs~ Lot 70; Theme North $8Y)T14• West, 398.00 feet to the West IHte of saki 3ectbn 36; Thence Narttt 00'i52'46' East. 81262 feet a~ said Test t(ne to the Point otf n8. Ss~ Aercet contaira 7.37 rtrres mare or Ids. ev DEC 0 3 . aneo ~~ t9aaw. overland • B~&e.1(0'!a~os • Phone~c~' ~~p~3~y42~~o~a9t • ~x lam) 3yye~~4.~~0.a9~2 •y 6~ aua~ani®avatha~+t~ -9- J ~ t I ~ y ~ p ~ ~ t ! t ~ F r t ~ ~ t ~~ ~ ~ ~, , i f ~ i~ ~yc ~ i h ; ~ r; , ~ ~ ~ ( I t , ~ i ~ ~~. ~ ~ j j ~ ~ : ~ ~ i ~: ~ ~ C _~ I ` ~ I j i { f, t -~ . 1 I I I' i. ~ !' F ~ F X p J ; 1 FF I I, 1 ~~. ~ { Ih i ~ i i 4 y~,. I i ~ t a i ~' I I I ~ ~ I i I+ ~ I : ' I" 4' ~ ~ ~ ~ i ~ ~ ; I '{ ~ 6 ~; ~i ,~ q e A a l '~I j ~ i , t { ~ ~ ~ = ; , it !1 1 ~ :~ ~ ~ - 1 ~ i ~ ~ i I ~ ~' I ~~ ~ } ~ ~ ' 1 K 7~ ) k { k r f ~ j E ~ = r i ~~ k ~ ~ ~ s ~ ;~ t ; i~ t ~ - ~ r ~,-i F ~; I ~ ~ r .~ {., ~ , i ! ? ~ p ~ ~ , ~ ( f i IB ~ f ( , ` CITY OF 1VIERIDIAN PLASEPARTMENT STAFF REPORT FOR THE HE~G DATE OFF R , EB UARY 26, 2008 ~ ~ ~' ~ c ~ 27 26 ~ ' a~ 34 35 v `~ ~ iv a W b ~CENTERLtNE ~ ~. gU1NTktE DRiYE ~ W W ~ N sss• or ~4~E 22a.~7 ct cz ~ N ~ ,._ ...--------.._~,~_ o in a ~^ p~ M M 2 ~. ~ z U a~0 a~'D ~ ~ t!f !t3 L1 O po~pi oNp K """"- U oD l10 e~ ~ AA~~ n °f ~ i X ~`~. r rll ~ ~~ ~ z v ~ ? Q ~ ~_ 3 a ~ M ~ ~ ~' O ~ J . i~7 ~? ~ 2 Q y. O ~A t a Z~ ~ ~ i1 io `i o ,- "~ ~ t c~r~~ c$ ~ ~ v~ 0 0 ~ ~ o 0 ~ W ~ ~ `~-- g S W a ci +r U M t(f Q m ~ ! "' i ~ ~ U 1 U oo•es~ an„ti1 .co .seN Exhibit C ~- _~ ~ °~ U w~. ~~ N q t -10- 3 i~ i ~~ i ~ ~!~1 ~ pg ~ i~ ' ~ 1 ~~ f 1 } ~3 ~ ~ ~~~~ ~ ~ { T ~ ~ ~: K 1 ~ x ~ i.{ t ~ 9w c i ~ ~ f a ` ~ ~ ~ ~ F ~ ~° , ~ 11} 4 1 c der ~ I ~~ ) ~ ~ ~ ~ u ! ~ ~~ ~ ! I i ' ~ ~ ~t ~ ~ ~ i~ E ~ I ~ " ~ ~ ~ . ' } r ~ ~ ' ~ 1 i ' ~ ~., '? ~' ,~ r ~ ~ ~ ~ E t 3 iyyy-: ~ ~ ~> t ~;~ € ~ i s 3' ~ ~ 1 ~ ~ ~ 2 ~ ~ !~ t e; ~ 'f ~ ' ~ 1~. Y ~ ~ I 4 ~ ~ -_i ~ ~ ~ c ~ ~ ' ~ 1 ~ r ' i ~ 3 1 ~ , ~ ~ w f ~ t t ~, ~ ~ q r ~~ s ' 1 n- ~? t I v Y t- ~ ~ ~ ~ ;1 { >~ ~ ~ 1 ~ I 1 ~ 1 rr ~~ ~ ~ ~ ~ ',~' E Y ' _ 3 ~ F 'a . 4 i ~ ~ €i r ! 4 E . I ~~ ~ . r ~ ;~ , - ~~ ~ ti ~ ~ ~, ~ ~ 1 ~ ~ ~ r ~~,~ z , to- ~f ~ , ~ . ~ = ~I . ,~ ' 4 1 ~ r ~ 'I; , ~~ ~~ ~ ~ { ~ ~ I y , ~ ~ ~ ~ i j , ~. {°~ ~ ' , . ,~ ~ i ~t, ~ ~ ~ ~~ ~ ;. t y CITY OF MERIDIAN PLAI~ININ~EPARTIvIENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 26, 2008 ~ _._-_--- __ m ___.. w.t. ev ~ Pu~~ ^A 6~uadrant r„cR~,~,; Consulting. inc. ~ PD ~cripttort 8rver Craestng Subdivistcn Na.18 (t-'O Rexorte) Rezone fcom R•4 bo L-0 Lot 2. Btodc 100# C~n~s~~ bdtvisbn No. 2, Banc 88 a1 Pt~s ~ Pages 91341.9643; Lot 15nu 1 of i~ Subdiaiston, gook 93 of Plats at 11140-11141; Ada tairtty Records and a p ~ ~g ~g~.Q~yyay o1 ~ l~ Road and Wei BeAtowwer Drive, toasted in the Northwest quarter aP Sec6art 3$, township 4 Nortl~, Range 9 West, t3okse MerkBan. Ada Cflunty- Idaho more particvleriy destxtbed as toiiodvs: Cortc~tg ~ the ~ oorrtet' of said Sec~Ort 35. i# south 00'52'46' West, 1255.52 feet the West qne ot'sa~ sedan to ~ Point ai BegLtnln9: Thence South 88'07'14' East. 398 ~ feet t'0 the t+lost comer of safd Lo# 2; Tttettce Srwtlt 002'48" Ws~st, 494.52 feet ~ the centsriine of saki West Befhower f7riva: Thercae North 8907'14" West, 398.00 few akmg said ce~adine to the West i<ne of said 8acdon 35; 00'52'48" . 494.52 feet Mortg saki West ire to the Point ~ EXti,.UD1Nt3 THEREF"ROMI: Lot 1, g~dt 10 ~ erer Suixfkr~lon No. 2, gook 88 of Puts at Pages 8841.96431 trtore partk~eriy +~ ~tknius: Ccurwrrer at the iVarttn+vest comer of said SeOtbra 38, thence Smyth Mf152'49" West, 1255.52 f~ along Ole West Iirte 0f sue! sew, thence South 890T14" 233.00 thence SouUt Ot~32'48" Wei 60.02 to the ~ 0omer at said Lot 1. the Paint ~ ~nn~ Them South 8807'14° i~ 440:00 fast to the Northeast flamer of ski L~ Thence South 0002'48" West, 145.11 feet ~ the Southeast oarrt~ of ~ Lot; Theme Norst $9 OT i4"West,140.00 few b tna Sooihu~sst tximsr of saki L,ot; Thence Nortlt E1t132'48" East. 145.11 feel tQ the Point of Beginning Saki parcel caorrtains 4.05 acres moire ar . tsc; -ro. ovettond • ro e~cs • E~13tx~t • Fox t~ 3a2-oo~a C.itrU6sg~ee~ . 8 • C~skucttonAemer-t Exhibit C - i l - ~ ~ i y t~ ~', ' ~ ~ * ~ ~ ~ ~ ~ 1 ! 1. ~ ~ ' ~~ 4 1 ~ ~ r ' ~' It ~ ,, I€ ,~ I-'g ~ s E ~ ~ ~ r. ~ ~ ~ ~ ~ ~ sal ~ a ~ 1 t~ ~ ~ - ~ r. { E ; ~'~ 5. E FF E ~ I ~, , i ~~ ' Ir , I ~:S , s '! 1 ~ i ' ~i ~ '~ ~ ` ~ i ~ p ~ `R F~ ` ~ ~ ~ ~ r t a ~ rl': u ~ r f ~~ ~ ~ ~ I, ~ r i x !` r ~ ~ ~ ~ 4 ~ t ` I '~ ~ ~ ~ ~ ~ , ~ ', ~ 4 E ~ ~~ ~ ~ I ~~ ~ , t f fi d 1 f . ~ 4 ~ ~ ~ iy ~ h {x ~~-. ' ' I ~ ~. 1. t ' ' .' F , ~ ! ~ ~ LL '1 _~ ~ ~ ~ I ~ v E y s~ - ~ 'S I ~ ~ ~ 5 1 Y i ~ ~ ! ~ ~1 ~. 3 I K. ~ `~ ~ I l 1 ~ ` ~ ~~; t i ' ~ ~ ~ ~ ~I S ~ ' ~ J n fI ~ ~ ~ ~ ~ } ~ ~ ( ~' ~+1 S G 4 ;j ~ ~ .. ~~ $ H i '. r ~ti~ ~ ~ 3 i ( ~, ~f . ~ ~S ~~. t: V'C ``n : L`l.-~ i1 i ~~.• 1• i t .' ~ i CITY OF MERIDIAN PLA1'DEPARTIVIENT STAFF REPORT FOR THE G DATE OF FEBRUARY 26, 2008 8 ~ ~~ O _ ~ W ';~ 27 26 ~ ~ ~ '~' a H 34 35 °~ w ~ ! ~.: ~ ' ' -' ~ ~ ~ ~ `~ ~ cN ~ r ~ ~ 3 W ay ~ 889' 07' 7 4"E 398.00 ~ ~ Q a ~ ~ ~ 23S.aa ~ ~ I SO' 82' 46"W ~ a ~ Q ~ ~~~ r~a.aa ~ ~t O y a ~ 588' a7' 14"E ~ Q &f ~ d ~ .aa °` o ~ ~ W ~ ~~ J gel `: ~ w ~ ~ ~ ~ ,~' l- rn o~ ~r ~ l ~ W O ~\ M"4l ,LO .BBN O ~ t g $ W W l'- '~' c0 R ~ Q' ~' ~ OC N F iV QN ~ W ,~ ~ ~ O CJ p O f1~ Z ~ i`~ t ! E ~~~ 00'86£ M„1s l ,LO .68N w g 31\Ri0 2i3MOlll38 'M ~0 3NI12131N30 y u .~ Exhibit C -12- ~, ~ ~ t ~ ~ ~ r f ~ ~ r~ a ~ ~ t ~ r _ ~ ~ ~ ~~ j ~ ;j i i- ! ~ .~. f i t i. ~~ ~ ~ r ~ ! 5 v ` i ~ ~' .~~ -` #~ ~~ r' i f' ,.~ c i~~ Eby -1 j t ~ ', ~ a -~ ~ ~~ ~ i ~ f ytfsi k ~ ]~=~ 'j F i ~. 1 ~ F .' s' S+ ~ { ~ f t ~' f ~~ ~ i r i ~ ~ a ~ ~ ~ ~ l~; ~ '1 ~' ~ ~' # ~ 4 ~ + ~ ~ ° ~~: [ ~ ~ ~, i { , ~ '~ ~ I ~ ; ~ ~` za- CITY OF MERIDIAN PLP.S~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 26, 2008 • ~ tt ~luctdrant ;~"~ Consatttng, tn~ 1....J . t~egel won . Wr ~ t~c~ss~ng 3ttvNrtao No, i6 ' (L-O Rszottaj Rene tram R 4 to t-0 Lot 3, BtocK B of Bt&igetower Ong Simon fda. 2, Book 86 at P at Pagan ' 9t349~43; Ada ( Rsoords and a portion of 9t8 F-C~Way of Nast Tit 1V~ Road, k ~ tits fV~ ~azter ~ 3ss~ 9S, ToHm a Nottlt, Range.l West, " .', ~, Ada t.,otmty, tt~l-a mars y desadbed as ioQoyvs: Coming at the t+iatthwsst oar of saki Sin 98, thet~e 8~it 00'46' VKsst, 209+89 sag the Wsa#~ of ~ ~ the. Poldt al.Bsg[nn[t~; ' 7t Sotttlt 88bT9~' ~~ t~ to ti's Nar9teeaf comer of estd Lot 3; Sarth 00'846' Ws~, 200 C4 test tati~e Hof ~!d Loci 1 North 89~i7'r94° dV~t, 3.00 feet to Sts VWa~ die of saki t4so0an; . ' " " Tt~ttoa IWmah @0~2'4~" , 2t~.i10 fast a ~ Wei ~ to ~ Post of e ~_.~_ 6aid pate or>nfe~ 9.89 ats~ mare or . . t _ .. . sr fir. ~ 0 ~ Z~C? "eee+ . wot~~ .~ ~ , " ~ 1vaw.ov - tw~e.ro • ~t,onsfi~.oo~t . ~ta~ s+z oosz . snag . ` ~ ~. • s • cashu~onn~t . Exhibit C -13- CITY OF MERIDIAN PLAS~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 26, 2008 i ~i ~~ ~~ a~ Exhibit C - I4 - 7 ~ < ~ ~ 1 ~ ~ ~.i $ ~f ~ ~ r~ ~ ~ ~ r 1 ~ 7 ' ~ ~~ ~ ~~ ~ i ~r b ~ ~ p k ~ k I' i I k ,. il 3 ` ~Y~ '. P,~ 3' i } ~ ~ ) J e ~ ~ ~ ~ F i .~ I i S 4 i ~ ~ a'~ ' ': j ~ J. g i ~. { ~ ~ ~ ~ i 7 ~, ~ ~ I ~.I a ~~ t~ ~ f ,, ~Z ;, ~ ~ 'h ~ ~ d ~ i ' {{ ! ~ ~~ ~ ~ ]' `~~.~ ' ' t~ r i ~i I ~I ~ ~ f s ~ fi ~ r ~ ~ i ~ ~ j ~ ~~ i 4 ~ i ~ f ,~ ii ~ s ~ I # I ~ } ffi ~ 4 11 ~ ~. .~ ..~ Fi ~ ~. k ~~ I f ! z ~ :~. ~ ~ L ~ ' ~ ` ~ 3 } ' k 7~. ~ i k { r i ~ E : ~ F c `r f s ° i .j S ~ f~~ r E ~ ! ~ ~ b ~ ~ , 7 d f i, t ~ ;~ ~ ~ x + ~ 4~ ~ ( '~ e ~~ ~ i { i s l~~ Y ~ ~ ~ ~ ~_ " r i ~ i ~ ! + ~ ~ i ~ i 7 pTp ~ k ~ ~ ~ ~ ' ' , 4 ~ P '; < ' , tC ~~r ~ i ~~~ ~ S ~ F 1 ,~: 1 , CITY OF MERIDIAN PLA1'~]~DEPARTMENT STAFF REPORT FOR THE HEG DATE OF FEBRUARY 26, 2008 Exhibit D _ I _ CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HE•G DATE OF FEBRUARY 26, 2008 `~ ~ w ,._ fYj:! Exhibit D -2- t' ( ~ ~ 1~11~ ~,j ~ ~- ~~ ~ I : ' ' ' is '~d ff i .t I t SS (( ~S~5 t ' ! i F 3 -~1 1 4 ~~ - ! ~ ~ ~ ' ~ 9 tr p ~ ix. ~ 33 ~ I e t c ~ _ ~ a 11 ~ ~, , ; r i ~ ~ ~ ' ~ : _ ~ ~ ~ i ~ k z , ~ ~ ~ ~ ~ ~~ ~ ~ ~ + ~. ~ ~ ~ S ~ 1 ! 5 + ' i ( t ~ ~ i ~ .{ '4 E y4 a. r 'y~ . Sry f S i ~ I ~ ~ ~~ ~ ki ~. G S f ,c ~ ~ . ,: - ~ i r ~# ~ ~ ~ I L s ~x E - x ( ~ ~ ( ii ~ ':~ ~ ~ ~ ; ~ e ~ r; r ~ t ~ ~ t ~ ,t , ~ ~ ~ ~ ~ " ~ ~; ~ ! y `f ~' ~' _~_ ~ ~ ~; $ ~ fi s , i ; I j i , ~ :~ f ~~ r ; r ' i . ~ ~ 4 1 ~ ~ ~ ~ ~{ ~ a ~ r 1 ~ s ~ i, o ~ ,~ ~ , ~ g ~ ~ ? ~ ~ ~"! ~~ i r7 ~k :3 ~~ .IIIIII~~~_ ~ f I. ~t k~'Yi I i CITY OF MERIDIAN PLANNIN~DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 Exhibit D _ 3 _ ~ ~: j. ~! ~ , k? l~r f t S 1 F I < 1 ' t: ~. r ~. ~~ !~ t ' d ~ ~ 4 ' , 1 'I tt( i ~ f ~ ~ '~ h ! ~ r 3 1 1 1t ~ ~~ C~ ~ r ~ 1 j t~ ~ ~' ~ ~ 1 a' ' ! ~ ~ ~ }~ ~' R - ~ 1 c ~'' P . ~ y F , i k .~ ~ ~ ~ h ~ ~, ~ k ` r ~~r ~ ~ ~ ~ ~~ 1 , 1 a ~ ]p x ~ c , j ~ E ~ E E ~## ~ ~ ~ ~. t i 1 ~ ~ ~ ~ ,.~ ~ 7 t 1 ~ I ~ 7~ ~ ~l ~ ~ c F 4 i* t ~ ~~ r .3iw ~ t ~ ' , ~ , ;~ ~ 1 ~ , ~: ~ ~ 1 ~ r yf~r ~ 1 ~ j j ' ~ i i~ 1 1 ~ - E f j ''`. t# i'cr -' i tt ~ ~ .~ ~ e ;S I ,y t ~ yy ~ b t 1 ' a ~ F 3 ~ ~ ~ t ¢ ~ ~ ~~ 1 ~ ~ ~ ad -~1 ~ 4 ' ' , -~ ~ E t ~ i , ~ i ~ 1 ; ! s _ ~ ~ i f - ~ t ~ ~. ~ t ~ I ~ t 7 2~ 1 ~ ~ r 1 c~ ~f t :I 5 ~~ K i r i ~ ~ ~ y~ ~ . 1 1~ {~ ~ ~ ~ ~~~ ' 1 ;t ~ t ! ~ t f tti.. t t j I 4 ~ f- e CITY OF MERIDIAN PLANNIN~DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 x , ~. .. ~ _,~ -: .,~ ~,z ~ ~ { ~ r f, ~, a ` f' '~ ,: ~,~ u .,,' ..~ ~. ~~., ~ ~- ~ ~ ~ t . ~ ~~ ~ ,j ~"~~ r~' R' 13 ~1 ,,. ~ '~~ ' ,1' ~ ~ ~ ~ `' ~ ~, ~ ~ ~ sF ~, -; r "~ ~ ,. ~: _ -. .'.. ' ~: ~' , rn ~ _ ,yam a _ t ~ ~ ~ ,~. u .'; rt w~' ~-. -.... ... V ~: .. i Exhibit D -4- CITY OF MERIDIAN PLAS~]~DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 26, 2008 s: _. r. ~ ,~ ;' ~^ t . . r ~n F ar F ~~ y ~ ` jt ~ ~ &y~, ` ~ I (, r~ ~~~ .~ }~ ~' ~ ~ . + ~r ~ ` t ~ ~ - yw. ~ ~.,. f m; 1 ~s.-_. °. ~k ~", , h,~,-: ~ r 'r ~ ~.y Exhibit D -5- ~' l ~~ ~ r'i< ; =s ~ ~. ~ ~ ' s ~ , - ~ ~ y~ J"p € f. ;~ 1 ; L 3 x ~ F . •~ ~ _ ttt Ej ~ ~ ~ i _( ~~ 1 F ~t~ 1 f t . Y: i. ~ ~ a k~ ~ ; 4 . ~ ~ ~ J ~ , ~( ~ ~ r I t f f y ~ I ~ ~ ~ ~ ~~ F ' ~ ~ ~ i 70' 1 ~ t ~ y y ~ - 3 ~ ~ ,~ ,1 ~~ 3 E 3 { 4 t }r. , s 1 ' 1 F 4 C ~ z i ~ ,. ~ t - t F i jrj 7 ]~ EE ~ ~ t i ,3 1 i 3 ~ ` ~ 1 ~ c ( y ~ f ~ L ~ 6 ~ ~ ~ ~~ j ~t{Y ; ~ i C ~}, i f ~ ;' _ r t { i ~,: i T~ ~ ~ ! t ~ f t F i i !5 [ ( I # t F € 3 ~ ~ j ~~' ' ~ ~ µ `~ ~ ( CITY OF MERIDIAN PLASJNI~DEPARTIVIENT STAFF REPORT FOR THE HE ~G DATE OF FEBRUARY 26, 2008 a°° ._ ..._ . __ ,; ~ _; ~ o., ~°~ .ki^. ~ ~ ~ ~. ~ 4 ,;; ~- ,r i~ ':E:- J Exhibit D _ 6 _ ? I~~ii ~~ ~ ~(!t N ' ` ~ I ~ ~ i ~ 8#~ ~ i ~ 7$ ~ + ~ ~ i ~ ~ a 1 ~ _ ~ ~ ~t ~ 4 ~ [ ~ ~ ; f ~t 4 ~ f. ~ a ~ ~ ~ s r E ~ ~ ~ , ~ j, ~ ' ~ , ~a ~ i `. z r ~ s t a: ~; I : ~ ~ , l ~ ~ }} ~ ~ ~ ~ t ~~ ~ ~ c f tY ~ ~~ f ) ~ !11 I E ~ I ~ _- ~ - ~ ~ -z t j 5 ~ ~ ~ ~ { ~ { ~ ~ ~ f I j i .~ '~ ~ _~E~ ~ .2 ~ ~ ~ ~ ~ t ~ ~ ~~ ~ ~ ~ S~ ~ ~I {~ }i ~ ~ rr { ~~ f .~ f ,, ,~: ~ ~ ~ ~ ~ ` e r. • R~C~~D DEC 2 4 2~7 care u~ au~xtvra:~v ~~~c ~ zo~°t~a .~ e ~ Exhibit D _ 1 _ ~~ { ~ ~~ ~ ~u , ~.~ ~E f F l~ ~ '~ ? ~ ~ ~ s ~ ~ ~ E ~"~ ~ n '~ ii E ~ a ~i ~ ~ ~ ~ ~ i `- ~ [ .~ t P ~ }} kk ' ~ „ L ~ , ~ ~ i ~ 1 1 - ~ ~ f e ~ ~ ~ ~ fi' _~ ~ F s ~ ' ~ - ~ ~ ~. a ! ~ ; , ~ ~ ~1 ~t ~ . 1 ~ , ; ~ i f ~ ~~ ( ~~ ~ ~ i I S3 ~I j -~ - ~ ~ v. ~ k ~ n ,.,~ { G J~ E . ! ~~ ~I ~ ~ .~ ~ ~ ? ~ ~ ~ i ~ t a s - ~, f f ~ ;,. ':~E j { t~ ~~' . I~ ; ~ ~ f.! ~~ 1 i:~ _~ - ~ - ~4 ~ ~ ~ ~ 1 f tF awl l i~ ~ ,~ ~i ~ r - ! E ~ E~: k ~ P { ! '' ~ ~ t I r c ~ ~, t < ,! ~ ~~ r ., n E ~ t e i i ' ~~ ~~ ~ ~ 1 '~, ~ C ~ r ; ~' i iii r t t ~ E ~ j Y' I 1 1 k, ~ E. > _ e ~ Exhibit D _ 2 _ `~ f t ~, ~~ ~ . ~ ~ 5 ~~ E I t ~~ 2 t . ~ ~' ~ . ~. ~ ~' _ ~5 j ~ E(( ~ ! i I 7 ~ ~ i i ~~~ !~~^ F ~ .~ i + { ~ _ r~ : ~ 4 i, I ~ ~ R ~ ~ f '~ ~ ~ , ~ ~~ r~ } I t ` ~~~ ~ ~ .i ~~ ` ~ F ` I ~ ~ i ~ ~ ~ 3 Y ' ~ ~ ` f ~ i ~~ ~ ~ , ~ i ~ ~ • I 7 ~ ~ i ~ 1 s ` ~ ~ i ~ t ~Fy i i~ ~I ~ , ~ ~• ~ ~ ~~A ` ~ j } ~ tt ~ ~ r ~ ~~ ' ~ f ~ s f ~ ~ y _ 3t ~ _'4 # ~~' fF 1 7 s '' ~ i I ~ ~~ . 9 i p $ ~ tt ~ ~ ` '' { i~~~F s 1 ~1' f r ; r . yy , 3 p j ~ J ty ~ k f ~ ~ ~~w, .. ~, ` ,.` l ~~ ~~ ~. ~, ~~ ~. 1,. _, _ .. r , Exhibit D _ 3 _ ~ ,~, j } a ~' ~ t L'.' I .. ~~ 1 fF ~ I t { j ~ E 2 ~ 2 I ~ ~~ ~ r e 1 ? 1 t v R , ~ , 4 ~` i k, J ~ ~ ~yji ~ A~ ~ ~ ~ F t ~ t ~~.~~ t p A }~ ~ ' ; i ~ F ~ k p ,, y~ ~ ~ t ; ~ ' ' i r I ~ ~ 1~ ~ ~ _ ~ ~ '. ~ ~~ ~ ~ ~ 3 ! } 1 11 ~ I 1 t t ; a 4-' E S ~ ~ r { ~ ~' 1 ~ I ' ~g t ~ ~ f ` ~ ~ ~ ~ ~~ S o- 2~', I ~ ~~ r ~ j ~ 1 ~ tS ; , ~ ~~, ~ ` , ? _ is ~ I f ,.~, ~ ~ I ~ ~ f~ °~ ~ ~ l~ ? ~ r i p ~ ~ E, s ; ~ ~ ~ ~ I ° ~ rr ~ ~ , - ~ '~ ~ f i ~ ~ 7 7 ~I j ~~ -Z~ ~ T ' ~ E ~~ 3 8 ~J '~~{ 1..! 7f t ~ ~ ' : 1j~1 I ~' 'l. j ~ ~ C t ~~ ~ ~ ~ ~ ~ ~ ~ ~ ( k ~ 1 7~ ! 2~~, S ~ ~ Y. ~ g g ~ i•F } } , t S ~r I t ~I >~< 4 +~ _~ ~ ~ ~ d r k ~ ~ I F ~ ~~ r ~t ! ~, ~ ~. j, ' ~ i M1 i 1 ~ ~ ~ kk ~ f ~ ,i r ~~;r ~ ^ ~~ 1 1 ~ R r t ~ ~~ ~ K ~ V b T f Y # , ' i _ ~ I ja ~ I ' ~ • ~ ~^ ,, s ! i 1 ~ ` {: N Exhibit D _ 4 _ ~`. j to `~ 77 I ~ ~ ~, 't ~' ~ f~ ~ _ '~ q ~ ~ a {{{L' { ~~ 1 ~~ ~ " ~r s '~, .~ ';,~~ ~'~ ! ; 1 ~ t + i ~ ""C'_~ t, t try f. ~ 4 ! ~ r ~ ~i ` G ! ~ ~~ ~ l ~ ~ ' ~ ~~ ~. I R' _ c : !~ ~ ~ E;~ ' i r ~ ~ ~ } ~ ~ ~ ( i Y Yi 3 F ! g i f ~ 7C '1. ~ ~ 1 ~ y} ~ ~ ~ C F i ' t ~ - ~ 1! ! ~ ~1 ~ ' t f ' f ~ ' ~ ~. < ~ r, < ~~ ~ r ~ P 1 . ~ !,a ~~~ k~ ? ~ i 2 ' I ~ f 9 i ~ {t S:i Y i~ ~ i 1 t~ ~ ~ ~.~ I s _ ~ ~ , P, j. ~ i Et 4,~ S ,~ i ~ ~ . [ d ~ ' I ~ I '~ i s ~ ~ .` f ~~ } t I ~ .y 1~ s r ~ 1 ~ i ~E F k ~ ~ tad ~ 1 ~ ~ ~ ~. ~ - ~, ; ~ Y _ s ' ~ ~' ~ ' May 16, 2008 RZ 07-022 MERIDIAN CITY COUNCIL MEETVNG May 20, 2008 APPLICANT Primeland Development Group, LLC ITEM NO. 6-G REQUEST Development ~ggreement -Request for a Rezone of 7.37 acres from C-G and R-4 to C-N zones and a Rezone of 5.88 acres from R-4 to L-O zones for Bridgetower Crossing Commercial - e/o N. Ten Mile 8~ s/o W. McMillan Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See affached 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: ~~hUC1L Cl~r-s~~enser, Date: cJ`I ~ "fig Phone: Emailed: ~Jdl~ ~~ (~~ 1Q1'~r(1.I(lt~ _CG Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. l I ~ . l i ; ~ ; i : ~ ~ ~ i 1i ~ ~ ~~ ~ ~ ~ } t6 ~ 1 ~ ' p ~ e € I ~~~ h 1 ~ .i~- ~ ~~ 1 ~ i ~ I I~ ~~ ~ G ~h i . I t y S - Y; j i ~ 1 ~ ; , ~' ~ . . ! ~ ; ( a f A ~ A i~.~ 1 i, z C ~ . f . ~G FP:. ~ I R t ~ y ~~ F ~ _ r ~y E J ~ 5 I i R .' ~ ~ ~ ~; ? i'9 ~ s I ? . s i ~ i ii ~ ~ y ~ ~ i F' ~ . I I ;~ Y i ~, ~ } ~ i 1 r ~ t ~ '. ~ ~ Fry 1 . h ~ ~ 1 ~ . ~ E ~ ' R ~ ~ b i , tl 4 , ~, ~ ~ i ~ ~ ~ ~ 1 ; ~ ~ ~ ~~ ~ ~ d -~ i ~ I ~ I ~ : ~ l .~ ~ , ~ ~ ~ ~ yy I , p ~ I ~ . I ~ F t ~ ( j ~~ j ~ t 1 ~ ` ~ f P ~ ~~~ a T `~ l ~ ~ I' . ;~ ~ i b ~ ~` !, ~ ~ , s ~ '`~ ~~ ' ADA COUNTY RECORDER J. DAVID NAYARRO AMOUNT .00 ~ BOISE IDAHO 05122108 02:02 PM DEPUTY Bonnie Oberbil6g ~II I'II'I'LIIIII'III"I'II"IIII III'll ~ RECORDED-REQUEST OF 108059802 E Meridian Ciy DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Primeland Development Company, LLC, Owner/Developer THIS,~EVELOPMEIVT AGREEMENT (this Agreement), is made and entered into this ~cJ day of 4 , 2008, by and between City of Meridian, a municipal corporation of the State Idaho, hereafter called CITY, and Primeland Development Company, LLC, whose address is 3120 W. Beiltower Drive, Suite 100, Meridian, Idaho 83646, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, OwnerlDeveloper is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developermake awritten 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-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developerbas submitted an application for re- zoning of the Property's described in Exhibit A, and has requested a designation of C-N, Neighborhood Business District and L-O, Limited Office District (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the DEVELOPMENT AGREEMENT (RZ 07-022) BRIDGETOWER CROSSING COMMERCIAL PAGE I OF 9 r ~~~ r. ~ ~ - a w~ :~ ~ ~ s t i ~ ' ' ~~ n l : ~ _ r are n, b i ? ~ (1 {! f' 3~ ! ! ~ n ~ ti ~ ]i ' ~ ` L I'~ ; t ~ > ? ~' Y 7 ' a f~ I 1 I ~ f= ~ ~~ ~ gg F ~ ~ ' ~ ~ ~ ~ ; j k i i ~ " , ~ ~~ ~ g i ; ~ ~ !! J { ~ ! ~ f j ~ ~...~ i L' i. i ~ ~ f . ', a ' .-y ~ z ~ - ,~. ~ I 3 i ~ i ~ i i ~ s ~.~ , ! . ~ i ~ ~.. ~ 4 i ~ ~ E r ~ ' ~ ~ s ~ f ~ ~ ~ ~ . _ ~ ~_ ~` ~c ~ t i' ' ~ ` ~ I ~ ~; : f ~- i ~ # .r ~;~ ! i _ i 1 r i, ~~ ~ N k ~~~ ! ~, ~ ~ ~ ~ i I 7 F l~ . ~ ~~ t f~ ~ ~ i ! t C. 4 4 ~ " F • Planning & Zoning Commission, and subsequently before the City Cauncil, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 18`s day of March, 2008, has approved the City of Meridian Planning Department Staff Report, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Staff Report requires the Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this. development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, inconsideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals aze contractual and binding and aze incorporated herein as if set forth in full.. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGR'E'EMENT (RZ 07-022) BRIDGETOWER CROSSING COMMERCIAL PAGE 2 OF 9 il k ~ ~~ ~ ~ ~~ ~~~~ ~ ''~ ~ i ~ i ~ ~ i~ tt + ;' ~ a ~ ~~ s ! ~ ~~ ~ 1 is ,~ ~ ~ 0 ' ~ ~ ~ ~ i 1 I b I 1 ~ 1 ~ ; F 44[ ~ ~ ~ ~ I I fl f' ~ 1 ~ i ? ~ 1 t " 1 I ;~ I , a k i ~ , F ~ 1 ~' ~ ~ ~ ~ ¢ ~ ~ ~ ~ 1 ~~" } ~ t ~ 11 ~ ~; ~ ~ i t h ~ ~' 9 `rl 1 1 ~ ~ I ~ _ t ~tir ~~ ' ~ s ~' ~ i , r ~ ~ ~ ~ ~ I j r ~ IIag f ~ i ~ ~ I ~ ~~ ~ ~ ; ~ I ~ I F .~. ..i H 1 i ~ ~ ~ ~' 4 ~ ~ ~ a j t ` ~~~ i ~ ~ ~ : ~ 3 i r [ I. 1 , ` ~ 4 ~ ~ ! I 1 r 1 ~ ' ~ f ~ 1 ~ ~ r- I F h ! F I:.~ .1~ I ~ ~ '~ ~ { 4 ~ 1 ~ ~ I • I ~ ' ~~ ~ .1' J it ,{ f ~ ; ~ i i ~ 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Primeland Development Company, LLC, whose address is 3120 W. Belltower, Meridian, Idaho 83646, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in E~:hibit A describing the parcels to be re-zoned C-N, Neighborhood Business District and L-O, Limited Office District, attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2B which are herein specified as follows: Preliminary Plot of 8 commercial buildings and 1 other lot in the proposed C-N and L-O Zones on 13.25 acres. The pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this RZ 07-022 application. 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: S.l. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. The proposed commercial and office buildings shall be constructed with high quality materials, including but not limited to: stucco, wood and brick, with substantial stone accents, four sided architecture: for retail uses one side may not require full facade treatment if there is screening far the loading area., highlighted main entrances, stamped decorative concrete, flat roofs, accent metal DEVELOPMENT AGREEMENT (RZ 07-022) B'RIDGETOWER CROSSING COMMERCIAL PAGE 3 OF 9 p i ~ ~ , , '~ ' g ~ ' I r' ~ ;' p ~ ~ ; r , i ~ r~ ~ ~ t ~ 7 { ; ~ ~` ;4 I ~ : 1 ~. ~~ C j I ~ ~ ( ; f~ i ~ ~ ~ S ; ~.' ~ ~ ~t a ! i ~~ ~ ~ ~ ~ I 1 ~ i . 1 t 1 ~ [ . ~ l 11 N: ~ ` . ~Y( i ~~ ~ ~ F } ~~ ~ i ~~ ; ~ _; . ~ r ~ . ~ ~ ~ ~ j c ~ ). .- ~ 2 ~ k ~~ i w +r ~ ;. c i ~ x r' ~ . r ~ ~ r ~ ~{{ y ~ ~ ~ r 4 { ' t ~ t 4 ~ ~ 1 ~ 4 ~ ~ ~ ' ~ J [ ~ ~ o s roofing, composite or file roofing materials and variations in colors, roof planes and parapet heights. 2. Elevations shall substantially conform to the photos submitted with MI-07-014, as set forth in Exhibit D. 3. Development of the property shall generally comply, as determined by the Planning Director, a minimum of 2 buildings with no one building exceeding 33,725 square feet shall be constructed on lots associated with the Bridgetower Crossing Commercial Subdivision. The maximum allowable non-residential square footage for this development shall be 90,000 square feet. 4. The development of the site shall generally conform to the concept plan 1, 3 or any combination of 1 and 3 in Exhibit C. S. The City Council expects some stamped decorative concrete within the proposed development. 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/Developer or Owner'slDeveloper'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 Idaho Code § b7-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developer consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and if the Owner/Developer fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the ternns 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/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other DEVELOPMENT AGREEMENT (RZ 07-022) BRIDGETOWER CROSSING COMMERCIAL PAGE 4 OF 9 ~fi ~~1~`~~1:~~ ~; `J j rs, ~~ , a ~~ ,. ~~ ~~ s I 1 ~' . .E r ~ ,,: 3 y ~'' ~ I~ t !: 5 k ~ S ~ s ] I I ~ E n ~ 3` i i : i fl i E ; f s !' i • person acquiring an interest in the Property, fail to faithfully comply wrath 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/Developer of any one 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. 1 U. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner'slDeveloper'seost, and submit proof of such recording to Owners/Developers,prlor to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 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 Cit}~ or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe 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 OwnerlDeveloper 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. ~~i i ~• I1F [' .! ~: 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes DEVELOPMENT AGREEMENT (RZ 07-022) BRIDGETOWER CROSSING COMMERCIAL PAGE 5 OF 9 i r t > fi i i ` ~, ~` y '~ ~ J ~~ r ~ i ~ f IR ~ I , ~~ ~ ~ ~ ~ ~ i _ I~ ~ ; ~ ~ ~ _ ~, ~ E ; a I ;~ ; ~ ~ ~ ~ ~ ~ k ~ 1 ~ { 1 i ' ~ _~ r I 'w ~ ~ ~ ~ F r ; ~; a ! t I i~ 4 ~ t ! ! ~ ~ ki~ y ~ I ~ ~ F i I 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 § 11-5-C, to insure that installation of the improvements, which the Owners/Developers agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner has 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/Developer agree 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: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, lD 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: Primeland Development Company, LLC 3120 W. Belltower, Suite 100 Meridian, Idaho 83646 DEVELOPMENT AGREEMENT (RZ 07-022) BRIDGETOWER CROSSING COMMERCIAL PAGE 6 OF 9 s j a p ~. 1 U 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. 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 OwnerlDeveloper 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 benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request ofOwner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developerhas 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/Developerand 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/Developerand 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 (RZ Q7-022) BRIDGETOWER CROSSING COMMERCIAL PAGE 7 OF 9 ~~' ~I~I ~ ~: -E yjy 1 .I i s ~7 t ~~. Y ~ 3 r y i I G ~. ~~ { ~ k i :I y t ' I ~ S {} t ~ ~ r t ~ ~ [ i ~ f f, ~ ~ f r i a , : ~ ~ ~ a ~ i a ~ ~ t; ~ ~ .I t 3 I ~ ~ E , ' ~ , ~ ~ III F, . ~ I x ~ ~ i a ~ . i ~ e 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 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. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER PRIMELAND DEVELOPMENT COMPANY, LLC CITY OF MERIDIAN ATTEST: ~A By: ,~~~~ MAYOR T ,```~c~utlrlfff f ~ ~. ~~~~ ~ ~`` ~`o de Ci7CY CLERK 8$~'AL s ~ ''''/~~ffffllilill/11111`````` DEVELOPMENT AGREEMENT (RZ o7-022) BRIDGETOWER CROSSING COMMERCIAL PAGE 8 OF 9 ~-~ -r ~ --~-- --~ ~ ' 1R ~ ~ ~ , ~ ~ ~, ' ~ ~ ~ ~ ~ ~ -~-~a ', r r - -- ~ ~ , . , ~ ~ ~ c _ f 4 ~ { Y ~~ .fir 3 t ! ~ ~ ~ ii ~_ 6 j' tt :5 i l -d ~ ; ' ~ ~ ~ i~~ } i S~ am ~ * ' 1 ~ c t t f ~~`€ ` [ f ~ i ~~ ~ ~ tt ~ ~ ~ r '~ i ti t , i 3 f ~ a ' ~ "~~ ~ ~ 1 ~ ~ f ; ~~ j ~ i ~ t ~ ! . ~ a ~ r 1 f j ~ ' ~ ~ ~ i C i 41 ~~ t ;~ ~` ~„ i l -~` t r , ! } } f i ~ k ~ ~ ~ S~ r ~ i 'S ' y-, ~ - ~ t ~ ~ E ~ ~ 'BS ~ ~ I ~~ r dj4 .~~ ~ ( J t ' ; ~ di ~ , ~ ~ , y r L f 3 Y ..~ tr ~ ~ i I ~ F 1 iS_.~ 1 [ i ~.h ~~ t ` t S. If' _ i ~' . ~ ~ f ~ ~ ~ ' y. - S ~ ~ ~~ 7 J ~ f t ~ _ ~ ~~ yy 7 !4 ~, .a- ~ t f I .. ' ~ a { t~ L- i 7 Y ~' t 3 t( F ; ~ ~ j7 1 k f ~. 1 l~ I. ~ i ~ - 1 i i . yj1 ! { ~~ i C~ STATE OF IDAHO, ) . ss County of Ada, ) n U On this f ~~ day of .~, 2008, before me, the undersigned, a No ary Public in and for said State, personally appeared 1.,.(L~ i c.._ known or identified to me to be the of Primeland Development Company, LLC and the person who signed the ablove and acknowledged to me that he executed the same on behalf of said corporation. . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. otary Publ' for Idaho Residing at: My Commission Expires: 7 ?.u `~ (SEAL} I{IMBERLY WINKLE Notary Public State of Idaho STATE OF IDAHO ) ss County of Ada ) On this 2~i~ day of ~ , 2008, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day~+e~' in this certificate first above written. (SEAL) f • :~ Notary Public for Idaho Residing at: ~=['i lC~l.9..~ lp Commission expires: DEVELOPMENT ACP:EEMENT (RZ 07-022) BRIDGETOWER CROSSING COMMERCIAL PAGE 9 OF 9 ~' t i i r i ' ~ j ~ I i ' t I li' f 1 -F ~ i 7~ ~ f S o u ~.:, ~ i ~ 1 ! i . ~~f ~ ~ ~ g € ~ ~ I ~ ti c ~ ,, r ti ! ~ , 1 f 1 ~:~ ~ ~~: ~ ~~ . ~ t ~ ~ , ' ~ ' i ` ~~.~ ~ ~~ r ~~ p r 1 '~ 1 7 ~' ~ , ~ . R r. .1 ~ ~ ~. r tl T (( €1 f' ! I f ` ~ 1~ 4~ I p ~ f f' i Y ~ ~ K E E E t ~ r ~ ~ ~ ~ S ' ~ ~ I ~ f+ F F F 1 k n j i:F ~ . I a ~~} I ~ I ~ t r ~~ I ~ j ]• ` 1f ; ~~ ~ ~ s ±' ~ i y ~ 3 ; I ~ ' ~ I d ~ ) ~ ~ 3 i l~ , ~' I ' F ~ i I ~~ ~ ~ Y ' T~ r I 2 S 1~ ~ t i t , z ~ 0 Exhibit ~ - Bridgetower Crossing Commercial t~ • ~~ ~e ~2ucidrelnt C~onsult'Ing.lnc. legal Qescrtption t=or ISNdgetovrer Ct~ssing. Subdhrisipn No. 78 (C-N Rezone) Rezone from R-4 and C-G to C-N Lot f-6 thru 70, Black 10 of Bddgetower Crossing Subdivision Na. 7, Eook 82 of Plats at i'?agea 1091 e-1.091.9; Ada-Cotm[y Records and a portion of the Right=df Way of Alo~ih Ten Mks •Roltd and Wit Quintals Difite located .in the Narfhwest quafter of $eetion 3$, T.olrortahlp 4 Motth, Rage 1 West, Botse Meiidian; Ada Cottrtty; tdaMo more par#lcularly • described as~followse +Cct`nrnerlcing at the 6Varthwest corner of sltld Section 35, kenos Souk 00'S2'4G Wit, 443,00 fast along the West.iine of said section to the Point of ~t3ieglnning; Thetlce~South 89'07'i4° East, 222.77 feat along the centerline of said West Quintets Drive; . Thence eor>8nulttg along said center rte 89:32 feet along a curve to bie eight, said ~rve tiavit~ a radius•0€.33<D•O.OtY fit, a delta angle of 17`03'32'`-and a..chord bsaHng artd distance #~f South •80°3~'27n East. 86'.99 feet.; Thence cbiitinuing 88:4 feet along a curve to tiffs left, said .arve'hatring a ~cadius of 300AQ feet. a dsita•atlgls of 18'5d'34° and a chord •tie~.rhig and dietetics of South .$030'58" . 8$.22 Thsne®rlsayPng said ceuiteri(ne,Soutfi OQ"52 46° West, 786,13 feet to tfie.Satdheast comer of said Lot 70; i'Metice North 89'07'1`4° We¢t, 39$.00 feet to tfis Nest Qna of said Sectibrt 35; Tl~nce Wo1~tf100'S2'48° East, 81,2.52 feet along said West line to the •Pol~ of ;Beginning. .Baia .parsec cantalns 7:37.acfes more or less. • • CE~~ ~~~ 'Q 42047 DEC A 3 '2007 ~ race Fueuc woe t31'~TY 0~' ~IAA1. rv>tivc~~zo~~ 190AY!l.OveilCUitJ • BWse.'!t)83705 • Ptsale12C81342~91 ~ Foul208J342-0D92 • Erintlr$QUad-Qntt~Q.uri2UOnlcc ' C.dvltfngtrl@et~-g • SUfVi}yhig • COn4trUFHOnMGrICgBr-1@flf a ~,-~ 'T :a F F, s t ~~ i I', s E ~~ F ~~ k If ,3 ~ ~ i'' F I ~I ~ t i ~ i a i i ; ~', 1 , I ~ ! 1' 'I j ~ r f ~ L s I ~ ~ t ~~ .` ~'. ,;~ F I _ ~~ ~ i ~~ l vat. .,~. (~~ Q 't ~1 nn a ~peuc • ~~ ^~ Quadrant Co~sutting, tnc. Legal Description far sitridgetovrer Crosstng Subdivision No. 16 (LSO Rezone} Rezone front R•4 to Lt0 Lot 2, Black 1©of Brid~etower Crossing Subdivision No: 2, Book 136 of Plats at Pages 9641843; tot 1 thru , 81cck 1 of Gallery Subdivisions Book 93 of Fiats at Pages 11140-11141; Ada Co>,tr-ty Records and a port%n of the Right-Of-Way of North. Ten M8e Road and West t3elltower Drive, Ion in the Northwest quartet of Section 3S, township 4 North.'Range'1 West, Boise Meridian, Ada County, •tdaha more pactlcalary despribed as follows: Commencing at the-Northa-~t comer of seici Section 35, thence South 00 52'46° West, 1.255.52 feet atortg the West.line of said section to the Point of t3egtnning; 'rheace South' 89°07'14° East, 388.00 feet to the Piortheast czamer of said !ot Z; Thence South 00'5248° West, 494.52 feet to the centerline of said West Bslitower Drive; Thence North &9`OT14° West, 398.00 feet along said cent®rJine to the West lfrre of said Sec~aii 35; Thence I1torth 00°52'46" East, 494.52 fast along said West Itne to the Point of t3egtngtrigs EXCLtJDtI~G THEtZEFROM: Lot 1, Block 1'0 of Bridgetciwer Ciossirtg Subdivision Ida: 2, Book 86 of Plats at Pages .964119643; more particuiarty des~ibed as follows: Commencing at tfie Northwest otymer of said S®ctieon 35, them South 00 52'48° West, 1255.52 feet slang tare bluest Ikte• of id sec~JOn, thence South 89`OT14" Esst, 233.00 f~Qt, thence South 00°52'46° West, 60.02 feet to tits Northwest comer of said Lot 1, ~befing the Point of BegVnning; . ~ ' Thence South 88°07'14° East. 740.Oa feet to the Northeast comer of said Lot; Thence South 00 52'48"West;. 145.11 feet to the Southeast Cromer of strict Lot; Thence North 89'07'14° West, 140.00 feet to the Southwest comer of said Lot; Theftce North 00°52'48° East, 145:11 feet bo the Point of Beginning Said parcel contains 4.tv5 acres mare or less. }9oa w. overland + t~e..ro Laos • Phone taasl 3a2-air ~ wx 1~13aa~a • Errs - CtarU leering • Surveying • ConsbuCHOn AAanagement 1 ~ l ~~ C 3 ; .;~ i~ ~ k I iif ~ ~ ° I 'J i ~ + i .r „ ~ ? :~ ~ rr I+ ~ . :.N ~ ~ % t I ~ i ` ' ~ i ~i t { ~ ~ I ~ ~ ~~ ~ 1 r y 1~ ~ . j ~ I ~ i e 7 ; ~ ~ , ' ~ ~ ~ ~ ~ ; j 9 5 ' # ~ ~ V ~ IJ Vr.~ i' ~ a }~~~ . +~ . ~. } ~ j ~ j B ~ 1 ~ }} > I r i $ ~ a ~ }, ~ ~ i ~ y ~ ~ i, E 1 ! ! t y j~ 3 1 { t k t F ~ ~` t i ~ i f $ • ~ i ~..~} ~- _. ... ~0' l7lJ 62uodretnt Consulting, tnc. . Legal D~oriptton For 8ridgetoarer Cm~ing SuluiWiston No. ~18 • (L-O Rezona) Rezone from R-d to L-0 Lot 3, Back 6 of BddgetowerCrossing Subdivision No. 2, Book 86 of Plats at Pages • 9641=9683; Ada County Records artd a portion of the Pogirt-Of-Way of North Ten Mite Road, located M the NorthK+est quart®r of Section 33, Todimship 4 Nord, Rar~ge.l fittest; . • .° t3clse Nteridfan, ~ Couniy,'Idaho more paAicutatly described as fotlouvs: . Comntenciitg at the;id'ortlrvvest c;rnner of said Sectkin.35, theme South 002'46' West, . 2014.b8 t~ along the West ltne of said sectlon to the Potttt of Begtnn~ng; . 'ttuerice South t~ OTi 4° East, 398.Ot3 feet to the Northeast coiner of said Lot 3; . ~`itence South 00'~'4~ West,. 200:00 feet to rite Southeast corner of said Lot; • 'Branca North 89°07p1~° Wes. 398.00- feet to the Wit Me of said Section; ' ' Them Ptorth ~ 52'4" East, ~00.~00 feet along satd West Hite to the Point of ' 8egintrlt#g. • Said paroel coittaMs 1.89 acres more or rasa j .. .. 'pVA4 . 6Y . M~R~PIAN CEP • WOR~- .~•. ~ ^ , •~ 1904W.OveRcnd • 90~9,~~17'06 • !'lrotl9•}.3¢2-0Ofi • Fmc.~342-0092 ~ EmWt:quatfront~gttddientca • ~ . ' ~~BtReenR9:' ~ • ContINCEldnNliir~emen4 l 3• [( 1 I ~ '~ J _ I P I. ~ ( 1 2 L I {', I ~ ~ t ~~ { ~ 1-~ ~ ~ S 3' ? I ~ ~ k k s { ~'a ~ ~ r y+ {,'- E ~. , h- ,~ { ~ MF 4 .E ..5~ I: ( { ~ Y~. ~ 1 1 ~ ~ ~. ~ ~.~ ) ~ I 1'• ' f ~ ~ ~ ~ ~i ~ ~I u i it f '. I ~ ~ j Q ~ ~ I ~ t I ~5 ~ ~ I i a ~~ ~ ~ t I 1 , i I _ ~ ~ ~ ~ ~ ~ i . ~ i } t p~ % ~ ~ , ~ ~ -° I ; ' ~ ~ ~ ~ r i ~ G i K_ ~ ~ ~ ~ i ~ a ii p • . F. !~ ~ ~~ - r- ~ ~ i ~ `1' i i ~ -, 1 t S . ~ I n r; Z ~ ~ t f ) ~ 1 ~ h 4 ~ ~ ` ~ } ~ g i ~ ~ 1F ~ t ~ ~ f + ?. ~ ~ { ~ $ .~ I I .GL~ 51 F ( t ~ ~,~ ~ ! ~ '~ ~ ~ 1 ~. ~~. ~ - i ~ ' 1 1 I .1 ~ ~ ~ ~ '~ is CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR TPIE HE~G DATE OF FEBRUARY 26, 2008 STAFF REPORT Hearing Date: February 26, 2008 E IDIAN'~- TO: Mayor and City Council I D A H O FROM: Bill Parsons, Associate Planner 208-884-5533 SUBJECT: Verona and Bridgetower Crossing - MI-07-013 and MI-07-014 Request to Mollify the Recorded Developments Agreement for Verona and Bridgetower Crossing, lby Primeland Development Group, LLC. 1. APPLICANT'S REQUEST ~ STAFF ANALYSIS NOTE: The Verona DA modification (MI-07--013) was previously analyzed as part of the Verona Commercial staff report (RZ-07--017 & PP-07-022). Staff has updated the i~erona Commercial staff report by removing the ana~-ysis and recommendations jor the Development Agreement and incorporated the DA provisions into the subject staff report Furthermore, Staff is now recommending that a driveway access and easement be stubbed to the eastern property boundary of the two office lots (east of Cortona Way) for future connectivity with the adjoining commercial property. Staff requests that an additional provision be added to the new Development Agreement being proposed with the i~erona and Bridgetower Crossing miscellaneous staff report and that the subject preliminary plat conditions be consistent with that request The applicant, Primeland Development Group, has submitted Miscellaneous Applications (MI) requesting modification to the recorded Development Agreements (DA) for the Verona Subdivision and the Bridgetower Crossing Subdivision. MI-07-013 -The subject Development Agreement was recorded for Verona Subdivision on June 13, 2003, as Instrument No. 103097612, records of Ada County Idaho. The applicant is proposing a first amendment to the DA by amending Section 3 "Definitions" modifying sub-section 3.4 "Property" excluding the Verona Commercial properties (proposing to concurrently rezone from R-8 to C-G and L-O (see fate #RZ-07-017) of the recorded DA for Verona Subdivision. Staff is recommending that these areas be removed from the current Dt~- for Verona and instead be subject to the provisions of a new DA with the language/restrictions provided by Staff below. The existing. Verona DA applies to approximately 62 acres located on the east side of N.Ten Mile Road, north of W. McMillan Road and approximately a half a mile south of Chinden Boulevard in Section 26, T. 4N., R.1 W. The Verona Commercial site is located on the northeast corner of N. Ten Mile Road and W. McMillan Road and incorporates approximately 19 acres. The site is currently vacant and the applicant is proposing the site develop with a mix of non residential uses. MI-0?-014 -The subject Development Agreement was recorded on November 8, 2001, as Instrument No. 101117652, records of Ada County Idaho. The applicant is proposing a first amendment to the DA by amending Section 3 "Definitions" modifying sub-section 3.6 "Property" excluding the Bridgetower Crossing Office and Commercial. properties (proposing to concurrently rezone from C-G oral R-4 to C-,N and L-O (see file #RZ-07--022) of the recorded DA for Bridgetower Crossing Subdivision. Staff is recommending that these areas be removed from the current DA for Bridgetower Crossing and instead be subject to the provisions of a new DA with the language/restrictions provided by Staff below. The existing Bridgetower Crossing DA applies to approximately 580 acres located south of McMillan Road, east of Ten Mile Road, west of Linder Road and north of Ustick Road in Section 35, T. 4N., and R. l W. However, two projects (Bridgetower Crossing Office and Bridgetower Crossing Commercial) are Verona and Bridgetower Crossing MI CITY OF MERIDIAN PLAEPARTIVIENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 26, 2008 driving the DA modification. These two projects only include approximately 26 acres. Rather than modifying the overall (original) Bridgetower Crossing DA, Staff is proposing to remove these areas from _ the original DA and draft a new DA for the two new Bridgetower Crossing projects. The sites are currently vacant land with a mix of residential, commercial and office uses surrounding the proposed projects. UDC 11-SB-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. The City has sent out notices of the subject request in accordance with the current standards for public hearings (see Section 4, Process Facts, below for publication dates.) There are no required findings for a miscellaneous application/development agreement modification. Below, staff has provided the most pertinent facts and analysis related to the proposed development agreement modifications. At the Planning and Zoning Commission hearing on December 20th, Staff recommended the applicant modify the existing Verona DA to allow more office lots and include the Bridgetower commercial lots as part of the revised Verona DA. Instead, Staff now recommends the applicant modify the existing Verona and Bridgetower Crossing Development Agreements to exclude the commercial and office areas and enter into three new Development Agreements to govern the Verona Commercial Project, Bridgetower Crossing Office and Bridgetower Crossing Commercial Projects with the language proposed below. NOTE: The applicant submit~~ed three conceptplans for the Brid~,etower Crossing Commercial nroiect Staff has inserted all of the applicant's concept plans in Exhibit B including, their pre erred conceit plan (concept plan 1,1 cmd also the concert elan recommended by the P&Z Commission in Exhlbit B (P&Z Commission concept plan) The applicant is asking ~1lexibility in the number and size of the buildinits that wild be allowed/required on this site, however the Planning and Zoning Commission recommended approvin ai; concept elan for the site as proposed by sta,~f'and shown in Exhibit B: Staff is recommending approval of the applicant's request to amend the Development Agreements for Verona and Bridgetower Crossing Subdivisions, as mod fed by City Staff below. Existing DA Modifications Staff recommends that the Council direct the City's Legal Department to draft modifications to the recorded development agreement for the Verona Subdivision as follows: • Section 3 -Definitions Modify sub-section 3.4 "Property" to exclude the areas as set forth in Exhibit C (pages 1- 6) which identify the Verona Commercial properties, respectively. Staff recommends that the Council direct the City's Legal Department to draft modifications to the recorded development agreement for Bridgetower Crossing Subdivision as follows: • Section 3 -Definitions Verona and Bridgetower Crossing MI 2 CITY OF MERIDIAN PLASDEPARTMENT STAFF REPORT FOR THE HE • G DATE OF FEBRUARY 26, 2008 Modify sub-section 3.6 "Property" to exclude the areas as set forth in Exhibit C (pages I- -l4 Zl~ which identifies the Bridgetower Crossing Office, and Bridgetower Crossing Commercial properties, respectively. New Verona Commercial DA The area proposed for the commercial area was originally subject to both the Bridgetower Crossing DA (the properties now zoned C-G) and the Verona DA (the properties now zoned R-8 and proposed for L-0 and C-G). Staff is tying the developer to the elevations submitted with the subject Ml applications. By developing a new DA for the commercial and office area, Staff believes that this will allow for more efficient implementation of the DMA over time and more timely development of the property. Staff recommends that the Legal Department draft a new DA for the Verona Commercial properties that includes the following provisions: • The proposed commercial and office buildings shall be constructed with high quality materials, including but not limited to: stucco, wood and brick, with substantial stone accents, four sided architecture: or retail uses one side may not reau're ill facade treatment if there is screeninsg for the loadin ap rea~ highlighted main entrances, stamped decorative concrete, flat roofs. cce metal roofing. composite or tide roofmg materials and variations in colors, roof planes and parapet heights. • Elevations shall substantially conform to the photos submitted with MI-07-013. • A minimum of 1 ~ buildings with no one building exceeding 50,000 square feet shall be constructed on lots associated with the Verona Commercial Subdivision. The maximum allowable non-residential square footage for this development shall be 225,000 square feet. The development of the site shall generally conform to concept plan in Exhibit B, as determined by the Planning Direr eetor. • The anollCant.Shal1 nrOVlde Crocc accecc from the cnuthern nffine lnt lnratP.rl Past of W Milann Drive to the vacant commercial na*cel st of the cite- [mayor and City Council: please note Staff is recommending that an additional provision be added to the new Verona Commercial Development Agreement that a driveway access be stubbed to the eastern property boundary of the two office lots (east of Cortona Way) for future connectivity with the adjoining commercial property.] • The City Council exneCts some stamped decorative concrete within the nrooosed development New Bridgetower Crossing DA's When the Bridgetower Planned Development was originally approved, the applicant did not have a clear vision for how the commercial and office sites would develop. With the approval of the AZ/PD, the City Council conceptually approved the commercial portion of the development and allowed office uses within an R-4 zoning district. The current DA required the applicant to amend the Comprehensive Plan and rezone the office lots prior to issuing a building permit. The commercial lots were also subject to CUP approval as no concept plan was presented to City Council at the time of the initial approval. Since that time, the Future Land Use Map has been amended by the City to reflect these approvals. Because the applicant now has a concept plan for the both the Bridgetower Crossing Office and Commercial Projects (attached below) reviewed concurrently with this application and' included in Exhibit A, Staff believes the applicant should no longer be subject to the above mentioned CUP requirement. However several of the approved office lots have not been rezoned to reflect the City's changes to the Future Land Use Map and staff is not supportive of removing this requirement until such Verona and Bridgetower Crossing MI 3 CITY OF MERIDIAN PLAIVNI~EPARTMENT STAFF REPORT FOR TIC I-IE~G DATE OF FEBRUARY 26, 2008 time as all approved office lots within the Bridgetower Crossing and Bridgetower Crossing East Subdivisions are rezoned to L-O. By developing a new DA far the commercial area, Staff believes that this will allow for more efficient implementation of the DA over tune and more timely development of the property. Staff recommends that the Legal Department draft a new DA for the Bridgetower Crossing Office properties that includes the following provisions: • The proposed commercial and office buildings shall be constructed with high quality materials, including but not limited to: stucco, wood and brick, with substantial stone accents, four sided architecture: farxetail uses one side may not require full facade treatment if there is screen'ng fc~r thethe~g area.. highlighted main entrances, stamped decorative concrete, #1~.t roofs, metal roofing. composite or the roofing materials and variations in colors, roof planes and parapet heights. • • Elevations shall substantially conform to the photos submitted with Mi-07-014. • Development of the property shall generally comply, as determined by the Planning Director, with the conceptual site plan submitted with MI-07-014. A minimum of ~ 5 buildings with no one building exceeding 15,000 square feet shall be constructed on lots associated with the Bridgetower Crossing Office Subdivision. The maximum allowable non-r-esidential square footage for this development shall be ~?~r59155.000 square feet. • The development of the site shal•1 generally conform to the concept plan in Exhibit B. • The City Council expects some etam,~ed deG~rative ~nnrrerP within the propoc d develolLm~-~*. Staff recommends that the Legal Department draft a new DA for the Bridgetower Crossing Commercial properties that includes the following provisions: • The proposed commercial and office buildings shall be constructed with high quality materials, including but not limited •to: stucco, wood and brick, with substantial stone accents, four sided architecture: for retail uses one side may not r_ eauire fi~li facade treatment if there is ccreening_for the loadine area.. highlighted main entrances, stamped decorative concrete, flat roofs_ acre meta roofine. composite or file roofing materials and variations in colors, roof planes and parapet heights. • Elevations shall substantially conform to the photos submitted with MI-07-014. • Development of the property shallgenerally comply as determined by the Planninn Director a minimum of 4 buildings with no one building exceeding 33,725 square feet shall be constructed on lots associated with the Bridgetower Crossing Commercial Subdivision. The maximum allowable non-residential square footage for this development shall be SA;268 90.000 .square feet. • The development of the sate shall generally conform to the concept elan 1.3 or any combination of 1 and 3 in Exhibit B. [City Council: please note that in the concurrent preliminary plat and rezone applications, the Planning and Zoning Commission has included a recommendation to modify the concept plan for the site. Staff has attached a copy of the concept plan in Exhibit l6.] • e City Council expects some stamped decorative concrete within the proposed development. Staff recommends that an amendment to the recorded Development Agreements for the Verona Subdivision and Brldgetower Crossing~ Subdivision be approved and tree new DA's be recorded to govern each of the Commercial developments as proposed by City Staff above 2. LOCATION & SURROUNDIING USES The Verona Commercial Project is located at the northeast corner of W. McMillan Road and N. Ten Mile in Section 26, T.4N., R.1 W. Verona and Bridgetower Crossing MI 4 CITY OF MERIDIAN PLA1!EPARTMENT STAFF REPORT FOR THE HE ~G DATE OF FEBRUARY 26, 2008 The Bridgetower Crossing Office Project is located at the southwest corner of W. McMillan Road and N. Linder Road in Section 35, T.4N.., R.1 W. The Bridgetower Crossing Commercial Project is located on the east side of Ten Mile Road and approximately 400 feet South of McMillan Road in Section 35, T.4N., R.1 W. a. Adjacent Land Use and ~?oning for Verona Commercial 1. North: Vacant office lots and Single family residential, Verona No.2 and 3; zoned L- O and R-8 2. East: Vacant commercial land; zoned R-4 3. South: Bridgetower Marketplace and Single family residential (Bridgetower Crossing No. 7); zoned C-G and R-4 4. West: Vacant, Volterra Subdivision; zoned C-G b. Adjacent Land Use and Coning for Bridgetower Crossing Office 1. North: Vacant; zoned C-G 2. East: Single Family Residences (Ada County] and Cobblefield Crossing; zoned RUT and R-4 3. South: Single Family Residence/Agricultural Land; zoned RUT Ada County 4. West: Bridgetower Crossing 1Vo. 11 and 12; zoned R-4 c. Adjacent Land Use and Zoning for Bridgetower Crossing Commercial 1. North: Bridgetower Market Place; zoned C-G 2. East: Bridgetower Crossing No. 5 and 7; zoned R-4 3. South: Bridgetower Crossing No. 2; zoned R-4 4. West: Vacant, Volterra Subdivision; zoned C-G and L-O 3. PROCESS FACTS a. The subject application will, in fact, constitute a development agreement modification as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. Newspaper notifications published on: February 4, 2008 and February 18, 2008 c. Radius notices mailed to properties within 300 feet on: February I, 2008 d. Applicant posted notice on site by: February 16, 2008 e. Section 4.2 of the recorded Development Agreement for Bridgetower Crossing currently states: "No change in the uses specified in this Agreement shall be allowed without modification of this Agreement." 4. RECOMMENDATION: Staff recommends that an amendment to the recorded Development Agreement for the Verona and Bridgetower Crossing Subdivision be approved and three new Development Agreements be recorded to govern the Verona Commercial Project, Bridgetower Crossing Office and Bridgetower Crossing Commercial Projects as noted in Section 1 of the Staff Report above. Staff further recommends that the Mayor and City Council derect the Legal Department to draft an amendment Verona and Bridgetower Crossing MI 5 ~; a ~ s ~ p ; t g f ff ~ ' ~ ~~ ~ ~ t ~ { , E ;3 i = ~ t (~ ~~ ~' ~ ~ I I ~ ; ~ ` ~ ~ ~ ~ i i~ ~ Y~ ~ Fa ~ E. ~ r ~ i ~ p` c ~ } f t ' 4 ~ S ~ ~ l ' ' f ` tl ~ '1 ' ~ ~iFE~ 1 ~ ' ~ ji } ~ g ~ ~ 1 `, '' ` ~ f ' 4 ~ ~ ~ # ~ ~ ip ~..~ ~ ry i ~ ~ ry p~p,~ $ k 5 k_, ~ ! ~ ` ~ ~ ~, i ~ ~ ~ j I l ~ j I If,'! ~ F j ~ i~.'~ F ~ ~ C' 1 ~ ~ l r 1 ~ L j ~ ~,' e1 ~1, ~ IF ~ ~ 1 i ~ {'.1 ~ 3 '! ~ St {~ 1 ~ F. E3 G K ~ i j ~ ~~' ~ t (t ~ ~ ~ ' ~ i E ~ _ ' p p ~ s ~ ~ { ! j '~f? i , q 4 . } ~ ' '. ~- : ~ 5 ~,':~' { 4. ~. ~~ - ~i!! ~i: S ~~ I 3 1.;,~ ~ Q '~ 0 tl c ' ~~ CITY OF MERmIAN PLANNI~EPARTMEN'T STAFF REPORT FOR THE HE eG DATE OF FEBRUARY 26, 2008 to the Development Agreement for Bridgetower Crossing Subdivision and the Verona- Subdivision that includes the modifications listed herein and includes a copy of the submitted Concept Plans, and that the current Owner/Developer, Mayor and City Clerk sign and then record said document. 5. E~~ITS: A. Vicinity Maps (3) B. Concept Plans 1. Verona Commercial 2. Bridgetower Crossing Office 3. Bridgetower Crossing Commercial (3) A Planning and Zoning Recommended Concept Plan C. Legal Descriptions and Exhibit Maps D. Elevations Verona and Bridgetower Crossing NII 6 ~ 3 ~ } ~ I ~ ~i i r ;~ ~ 9t' ~ l ~ t ~ ~ i { ~ I ~ i f 4 , 1~ ~ t x~ e ~ ~ ~ ~ 3 4 f p~ ~ jj~ ~, ~' 1 i i , g ~ ' Ir ~ ~ _ ii ` FG= ~ ~ ~ . i ~ ~ ~~ ~ ~ 1 ~ ~~ ~~ ~~ ~ t ' ~ . j _ , '~ ~ '~' f ~ 4 ~ ~ 1 t r .~ ~ i ~ 4r ~ ~ i t t ~ ~ r ~. F i 3 ~ RRRR ~ ~ € ~ f ~ S ~ t ~: ~' I i~ y 6 r ` ~ ~ r ^~' ~ i : . 1 ~ ' 1: t 3 F ~~ m -i ~ C r ~ 3i_- _ ~ s l ~ ' ' ~ '~ ~ ~ ~ s ~ r ~ ~ ; ~ i ~ ~ r ~ .s. ~ ~ ~ ~ s t ~. f _ , ~ ~ ~ f ~ ~ ; ~ 1 ~ y y C ~ ~ ~ ~ ~ ~5 4 t, ~ F ~- ~ ~ i ~~' S ~ j i ~s{ i CITY OF METtIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE ~G DATE OF FEBRUARY 26, 2008 Exhibit A -Vicinity Magfs tN 9AAL TA DR W ANATOLE DR Verona Commercial W R€VENNA ST by RA VENNA ST a Q W CEDER ~ W CEDER GRD1/~' St '~ GRObE ST ,u a a ~ 3 W D-TCN CREEK S7 z U O ~.. tN DIVtOE CREEK DR 2 ~e W D!VlDE CREEK 5T ~ 4; ~ 6V WAAODT 57 V ~ ~ . W AAttAND DR 2 ~~ a o 9 ~9 // 4V 7URlN C7 PR OJECT AREA Mcld1LLAN ROAD ~:~ VICINITY MAP ~OQuodront . Consulting, inc. At)A COUNTY SEC. 28. T-4N, R-1 W g7AH0 t~ ~ ~'~'~ ~ Bdne, iQaho 8710$ SCALE: PRO~CT NO. OA7E: PAGE: (?00) 3a?-(:092 P~+WVE (?08) !~?-~9? FAX 1`Q.JaO' 395-0.7 Q8/~t8/~Q07 SHEER 1 QF f qt¢t FN0-9rRKtAOGCON57/NCRQV Nnal Exhibit A 1 ~~ g-~ ~ ~ ~ ~ r ~ '~ h ~ I g ~ ~ ~ ~ 1 ~ 1 ~ ~ t . 4 I t ~~ ~ ~ ~~ i ~ ~ ,: ~ ~ ~ ~ J p ~ ~ f f 4~~ ~ ~ i ~ , ~ ~ f I~ I i ~ ~ ' Y , 4~' ` , , v ~ i ~ r 3 ~ 1 ~ ~ a t ~, ;~ i p ~ ~ ~ k 1 y ` i ? ~ '~ f ~ } ~ ~ ~ ~ ~~ ., i ~,, _ . 3 l ~ i e I s ~i } ~ ! t~ ~ ~ l I (~ r ~ ~ i ~ I " ~ } ~ y~ ~ { i' FSF r ~ ~!! 1 E ~ ~ k 4 i~ it fi ~f ~~ ~ ~ i'~ 1 ~ '~ , ~ F E: ~ ~ ! ~ t, ~ ~ a i 1 ~ ~ }~ y ±. 5 I ~~ ~ ~ ~.I S ~ f i #( ~t I f ~ L }: ~ t ~ ~ h ~ ti _ ~ ~ :~ i ~ ~ ~ ~ ~ ~ 1 11 i i ~ ~ ~ i„~ I iw J~ ~i 1 ~ ° ~ C ~ E a, ~ ~~ ~ c I i r~ r, ~ i ~ ~ If f f ~ ~ ~ i 17 ~ CITY OF MERIDIAN PL~INNII~EPARTMENT STAFF REPORT FOR THE I3EA~G DATE OF FEBRUARY 26, 2UU8 Exhibit A 2 CITY OF MERIDIAN PLANNIN®EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF FEBRUARY 26, 2UU8 Exhibit A 3 CITY OF MERIDIAN PLANNING, DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 26, 2008 Ezhibit B -Concept Plans Exhibit B CITY OF MERIDIAN PLAMV'I~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 26, 2008 Bridgetower Crossing Office ~~~~~ oEC a ~ PLANA'ING~&~ A Exhibit 13 Z a 1 1S~ I 1'w ~ ~ ~ i I ~ 3 f '~, 7 ~ ~~ ~ f. I ~ ~` a ~ ~.A f 1 3 > E I t 4 ~ ' 11 1 i, ~ f f ~y ~' 2 I _ ~ ~~ {t r F ~ { ~ ~ ~ i ~` f~ ~ i i E ~ ~ t ! 4 f r y i I ~# ` }d i r f ~ f tl i, ~ ~~ w A: s ? ~ ~ ~ i i ~ ~ fj 't - N f ~, t ' ~ ~ _ ~ E' " f ~ .~ ~ i ~ ~ ~ j ' ° 4 t ~ ~ ~ ~ ~ 1 ; F ~ . i , F ~ ~ , jy ~ '~1 1 ~ ~ ~~ ~ ~~ F j i~ f~ i.: ~ ~ I~ ~ ~ ' 11Y~ 1 ~ ~ S ~ t ! ~ ~ 3 4 ~ ttt 0 ~ ~ I G -~ !},, ' ~ i ~ i i t f ~~ .:3 ~ 1; . ~ ~ ~. b 4 e i ~ . '3 i 3 ~ ~ , ~ q g t: ~ 4' ~ ~ ~ i ' s,~.3 i f ~ . ~ 11 F ~ r ~ I4 ~ t ~ j 6 ~ + f t ? t' Y ` I f `` F ~ ~ ~ i s ; .# ~ { ~ ~ ~ ~ ~ : ~ ~ ~ i ~ f i ' ~ ~ 1 ~ ~,. z B I d ~ i ~ i g ,7 M ~1 ' ~ Al ~. ~~ f ~ ~ IN ~? _~ .{ ( F~ tt ~ij; ~ F F y G CITY OF iVIERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF FEBRUARY 26, 2008 Bridgetower Crossing Commercial SEC Q 3 ~4~._. '---- N W ~ U N: ~. ~- ~ ~i Applicant's Preferred Concept Plan e~ ~ ~~ /~ v1 N' r BRIDGETOI~ER 16 PROPOSED C-N ZONING AREA CONCEPTUAL DEVELOPMENT PLAN -VERSION 1 Exhibit B 3 G ~~ r ~{ 1 ~ ' ~ ~r ` ~ : ~ ~ ~ ` ay' ~ ~ " i }' 1 ~ i .~ ~,~ - d~ ~~t t li ~ k ~~' ~ t ~ y ~ I.. ~ ~ p , 3i F ~ t ~ , 1 i- ~ .j ~ 1 r t b y ~N ~ ' r G l ~ , , ~~ 1~~ S i t Ct I j i ~ t ~ ~ 1 i ~ ~ ~ ~ a ~i ~ y ~ r ~ F ~ t ~ T ) ~ ~ ~ t 1 t E f ~ ~ ~ ~ t [[ t 1 ! 4 { -F / }~ f ~ { i p ~ ' i ~ ~. f ~ ~ ~~ ' ~ a _ ~ ~ ~ Z ~4° ~ ~. ~i` ~ ~ ~ > , ~- ~ ~ f. s ~ ~ ~ (~ ~ ~~ 7 ~ ~ ~_ ~ F ~ . r~j ~ ~ _i ~~c { S E ~ S ~ ~~ i j F ~ 7 ~ } ~ E 7 ~! 5, f ~ ~ i ~ [ ~ (, I~~ t~ `~ '~ p$ t ' i ~ '~ 4 ~ & ~ t ~ 3t~ ~ fI- ~ 1 `F , i ~ ; ~ f ~ f i CITY OF MERIDIAN PLAM~TFN~ EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF FEBRUARY 26, 2008 CITY OF M14ERIDIAN P{.ANid1~10 DEAARTMEN7' STAFF REPORT FOR'Ca{E HEARIA{G t~A'1~ OF FEBRUARY ?6, 30fl8 Bridgetower Crossing Commercial ash ~ ~~ ~~ .rr---.-~ rf', 13RIDGETOV~ t8 PROPOSED ~-N ZONING AREA CONC~EP7UAt, DEtiELOpMENT pIAN -VERSION 3 P&Z Commission Recommended Concept Plan for Bridgetower Crossing Commercial 4 t ~ : ~ ~ : ~~ ~ .~ ~~ F ~ ~ ~~ ~ :.i. 1 if i ' ~ ~r 'SS . i j i F ~. f E 'd ~ ~ ~~ .~ p .~. i ? i f '+' tls f •. I ' y ~ ~ '~ r ae ~~ ~~ t r i y` t 'c - t " xi ~ i p } ' p . ~~ i t i ~ r 1 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA~ DATE OF FEBRUARY 26, 2U08 NOT APPROVED ~~ ~~ ~ ~----.. ' BRIDGETOWER 16 PROPOSED C-N ZONING AREA CONCEPTI~A~L DEVELOPMENT PLAN -VERSION 2 Exhibit B 5 p } { ,~ ~ `~ ~ ~ ~ ~ E F ~ ' i~ ~ If tTyBf ~ , '. ~ ~ ~ ~ E t j ,' ~ f ,~, ~ ' i '` F ~. ~ i ~~ ~ ~ ~~ ~ ~ ~ ~ ~ E C ~ ~ ~ ~ S ~ i ~ k f ~~,.~ ~ j ,a - ~ ~ K ~~~ ~ ~ ~ E { ~ 3~ . , C~i ~ ~ ~ ,~;. y ~ ~ s t ~~ ' ~ , :FBI ' F 2 ' ~ ` ' ~ ?~~. ' ~~ ~' G ~' ~ ! ~~ f ~ 1 x , Y. ~ t y ~ t.., ~ ~ - { ~ ~ ~ ~' ~ ~: ' ~ ~ ~ ~ ~ j i. ~s ~ ~ ~ ~,, ( ~ ~ a ~ ~ ~. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEA~G DATE OF FEBRUARY 26, 2008 ,.. .--~. 0 3 ' ~~ arse stir ~ ~ ~` ' BRtDGET0INER 1-6 - PRBPOSED C+-N ZONING AREA CONCEPTUAL DEVEL~}PMENT PLAN -VERSION 3 Exhibit B ~ s' ; ~ 4 _ ~ ~,' , r ~`~~ ~` ~ ~ ;~~ `~ ' ~ ~ ~ I t~, ~ ~ ! 3" t ~ ~~ f F I~~ ~ ~ I: ~5 ~ ~ 1 tt 1 ~ ! ~ }.: i y ' 1; ~ i y y i U C.. 111 i j y F _ ~ J ~i'j ~ ~ { t ~~ I E ~ ~ ~ c ~ d ~. ~~~ ~ ~ ~ ~ i E r ' ti, ' ~ ~ ~ ~r ~ t-0~ ~ i ~ ~ is r i ~ ~ ~ 1 s ( ~ - i s a; ~ s ? _: ~ ~ 3 ~ ~ a ~ 1 } ~ ~ ~ ~ ~ k ~ ~ ~ ~ ~ ~ ~;4 , S; `~ ' ' ~ ~'Y 1 ~ ~ ~ f ti ,' F ~ j V ~ itl ?1 j ~j ~ 3 f ~~ r ~ i K r 1 . S ~ 1 C ~ 1 . y~, - h ~ -}~ f ry ~ ~ C i Y , ~ S 51~ J t ~ { Fib } { F yy k + ~ ~ 1 i ~~ ~ ;j ~ 21 ~ ~ j L,. ' i ~ k . i ~ ~ I ~ ~~ f ~ ' f V i S ~ I ~~ f ~ ~ ~ is ' ~. ~ i; ~ ~ ~ I r ~ i ~ ~, ' . zi > T ~ ~ i j~,~ ~ r. x J ~ j P ' ~~ ~ ,,; ;I ~ ~ I ~ S CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEA~G DATE OF FEBRUARY 26, 2008 Ezhibit C -Verona Commercial .~... ., •~~~1 ®• 6~uadrant Consulting; inc. Legal Description FOr Verona Supdifrision No. 4 Rezone From R•8 to L-0 Lots 35 and 36, Block 10 of Verona Subdivision Nwmt~er 2, Book 91 of Plats at Pages 10743-10744; Ada County Records and a .portion of the Right-of-Way of North Cortona Way and West McMillan Road, located in •the South~n+est'/ of SecBon 26, fiownship 4 North, Range 1 West, Boise Meridian, Ada County, Idaho described as follows: Commencing.atthe Sowthuvest comer of said Section 26, thence. South 88'5$'19° East, 1439.55 feet slang the `South line of.said section to the Point of Beginritny; Thence .North 01'00'56° East, 240.22 feet •alang the centerline of said North Cortona Way to a• point;. Thence continuing along said centerline 194.07 feet along a eun-e to the left, said curve. havtttig a radius of 300.00 feet. a delta angle of 3T06'39" and a chord Bearing and distance of North 17`30'59° West, 990:70 feet; Thence coirtinultag atom said centerline North 30°02'53 West, 67.2.4 feet to a point; Thence leaving said centerline South 89'30' 16° East, 33.80 feet to the Northwest:comer of said Lot 35; Thence ~rttinuing. South 89:30'16" €ast, 325.06 feet to the Northeast comer of said Lot 35; . Thence South 00°29'44° West, 433.02 feet to the Southeast comer of said Lot 36; Thence Naith $$°58'19" ~INest, 20+Q0 feet along the Sotrthgrly BoOndary of said Lot ~6. to a point; Thence South 00'29'44° West, 45.00- feet to a point on the South Iirl'e of laid Section'28; Thence North 88°08'1'9§ NVest, 241:85 feet along said South lineto the Point.of Beginning.. Said pares! ntai ~. 3.003 acres more or Tess: OCR 122007 ~ w.ORK$ REPT~•j t 404 w. OveitCriq • BoJse, t0.83T05 s Phone lzosi 342•Q~t • Fax (208) 34.2.0!194 • ErtaiN: ~uadronhk'auoriianf.cc CiWPEngtneetin8 • 5urveylr-g ° Construction iwonagernent Exhibit C -1- ;i I ' ! ' ' ~: ' - ' ~ a ~ ~ ' C, ' _ 4 -~ F ~~ ~ N i ~ ~~•3 ~ ~ j I~ }' I'. ~s (: i ~. 3 f i u f ~. '~; 4 t si a ~ ~ F ~ ~ 9 i ~ - '. ~ ~ '. w i ~~' ~ ~ ~~~ ' ~ i T~ ~ ~~ 1 t I .~'~ i4, ~ L i 4' i 1 a I a y i f~$$ ~ 3 t S ~ a .' I~ I s .i ~ `t u k I y t i ~ , i! ~ S S G ~ ~ ~ ~ ~: 1 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEA~G RATE OF FEBRUARY 26, 2008 r r"~, ' 33 ~' ~ ~ ~ ~ yuu ~ ~O A N CaaTaNa vaY e ~~ P a Exhibit C -2- {~~ ~ ~ ~ j{ ( ~ $ ~ 5 ~( , i~ ~ r ~ l ~ r Y ~ a ~ t s ~~ ~. ~ ~ ~ ~ ~ ~3 ~^~ ~ ~ ~ ~ t ~ ~ ~ ~; ~E ~ ~ ~ c ~ ~ a I ~ ~ u ~ ~ ~ ~ j r ~ i~ ;~' F~. r.,~ i~ ~ ~ ~ i, ~ ' I~ ~ f ''~ '~ ~ a ~ f^:~ } d, ,~ ~ ~ ~ f i ~ '... ~ ~f ~ ~ ~ e ~ ~ I f ~ ~:~~ ~ l z h ~ !2 ~'n ~ ~ `'~ 1 ~ ~' ~ ~ ~ ~~ i + ~ ~ I ~ ?~ ! ~ is ~ ~' ~ i °' a ~ ~ ~ 1 ' .~ ~ ~ ~ ~ i ~E' ' ~ ~ r + ~: i ~ ' '; ~ ~ . S t ~+.~ ~ . A~ .~ ~ , CITY OF 1VIERIDIAN PLAt~TNIN~EPARTMEI+iT STAFF REPORT FOR THE HEA~G DATE OF FEBRUARY 26, 2008 ~~• ~~ 6~uodrant Consulting, tnc. Legal DescripSon For Verona Subdlvision No. 4 .Rezone From R-8 to C-G Lat 1 and 2, Block 12 of Verona Subdivision Namber 2, Book 91 of Picts at Pages 10743-90744; Ada County Records and a portion of the Right-Of Way of North Cortona Way anti West McMillan Road, located in th® Southwest'/ of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County; Idaho descilbed as follows: Commencing at the Southwest comer of said Section 26, thence South 88°58'19° East, 855:00 feet clang the South litre ~f salt! section to the Point of Beginning;; Thence North 00°71''49" East, 386.94 feet to the Northwest corner of said Lot 2; Thence North 8$°3$'30' East, 117.34 feet~to the Northeast comer of said Lot 2; Thence continuing North 89°36'30° East, 31.:24 feet to the centerline of said North Cortona Way; Thence continuing along said. centerline 157:52 feet.abng a curve to the right. said curve. havirtg s radius of 300A0 feet, a dells .angle of 30°b8'48~ and a chord bearing'and distance of South 14°01'37" East, 155.72 feet; Thence continuing abng said c:®rrterlfne South 01"00'56" West, 240.22 feetto a point on the South like trf sad Seetlon 26; Thence North 88°58`1:9" West, 184:55 feet.along Said South line to the Point of Beginning: Said parcel conl"ains 1.623 acres more or less. e~'? OCS 12'~~~ ~s~~~ ~~DRyt9 ~pT. 1904' W. Overland. • Boise: ID837p5 • Phone (2l'~i 342-~9I • Foit i2~) 342-009 + Err'ioil: quaiironr~quadrant.cc Civil Englneering • purveying ° Cons&ucfion Management Exhibit C -3- ~ i ~; ~ ~ ~ ~F 2 i ~ ; ~ S i i A~ i Y ~ } g , i S ~ ~ ~ ~i ~ f ~ ~ ~ ~ } ~ r } ~ ~~ t v ~ ~ ~~ ~ ~ _ , ~ ~ ~ i ~; ~ ~~ ~ I ' ' ~ j i + ; a ? iz` 1 ! {~ ~ ~ ~ pp z ~ " ff ~s ~~ ~ 1 ~~. ~~ ~ ~ i i i ~ cl 4 ( ~ ~~ ~ { ~ t t C ,~ ' ' ~ ~ ~ ' ! ~ ~ ~ ~~ ~ ~ ~F I ' ~ ~ G'~ I ~ ~ ~ ~' j I { 4i~ ~ ~ ~ ~ `, ' ~ t ~ i ~ € {{ o ~ ' ! . ` ~ 1 ._ ~~ } ~ j r~ '~ ( i 1~ t. ~ 7 ~ ~' I s ~ ~ r ~ r s i ~ ~~~ 3 ~ R ~ 'i, s . ~ ~ f E, F€ ~ t ;~ I k , • CITY OF Iv1ERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEA~G DATE OF FEBRUARY 26, 2008 - -- - llBlHaE~ 3NDZ38t SZ• N0/1~35 f+ 'ON NOISlhJ48fIS dN0213A ~~ -~•.~. . t s 0 m V ~I S - i Q !N '131AlA'W Avn vrmt~• x ~ I ~ ~ -.`~ 1 ~ Vf 2 I ~~n ( ~~' I ( . .y~ k~ I ~ I ~ N n •~ '° I ~ ~ a ~ ~ ~ ~ ~ I ~o I z ~ ~ ~w Id ~ ~ ~M I yy a J ~ J ~ ~j ~.py , ~ ~ M~ ~~ ~ ~ r. O . ~ ~ ~ I i~ ~~ rf CV .r ~f~ I ~~ I T} ~ ~ ~ Q ~ ~ V ~, I f Exhibit C Y 0 -4- I i- ~ ~ a ! i i fi 9 ~3 ~ ~ V -~ i~ ~' 7r ~ ~' 1 k I I! tl i ' ~ 41 1 y /3 :1 ; I S j fi' .' X ~ ~ ~ T { ~ y~ f ~I - I', { I I ? it{ ~ ~ j~ ~ ~ ~ ' ~ t b ~ ~ ~ r ~ ~ ~ r { ~ t+ ~' `~ i ~; 4 i ~~k pgpgpg ; i - ~ ' ~ i ' } t ~t 4~ ~ ; 1. !4 ~ ~ ~ k ~ ~ ~ S IE~3 k ~ k + ~ ~t9 ~! j ~ i `~ ~ !:~ ~ I ~ .~ its ' , ~~~ i 4` ~ ~ ~ ~ , 'r~ ~ _ ~ G : ~` ~ ~ !i< ` ~ ~ ~ ~ r ~ ~ ~ ~ 4 a !~ ~ 1 ~ 7 • ~ ' ~ 2 i ! ~ ~ ~ r ~ r ~ ~ t M ' ~ ( ' ` i ~ 1, f~ ~ f. y _ ~~_ ~ ~ 'I ~ 4 . 1~ T~ ! a R 1 ! f-~' i r~l~ ! 11 ~ i f 'S i , ~ ~ R ; ~ k s ~_ ~ , ~, ~; ~, ., ~ ~ !~ '~ r i2. :x ~ 4 ~ ~ „ ~ , ~ , ~ ~' ; ;t ~ ~~' r ~ . 1 ~ E ~ ~ i ~ ~ S N i t \ CITY OF MERIDIAN PLAS~IEPARTMENT STAFF REPORT FOR THE HEA~G DATE OF FEBRUARY 26, 2008 ~` .., ~~ ~® 6~ugdran# Cons.uitl~ng.Inc. Legal Description For Verona SpbdiWsion No. 4 Rezone From R-8 to L--O Lot 1.2, Block 10 of Ven~na Subdivision Number 2, Book 91 of Plats at Pages 10743- '10744; Ada Gouraty Records grad a portion of the Fdlght-Of-Way of North Cortona Way, igsated ih the Southwest'/ of Section 26, Township -4 North. Range 1 West, Boise AAeridian, Ada County, Idaho described as follows: Commencing at the Southwest comer of said Sec~iorr 26, thence South 88°58'19" East, 13.01..40 feet along the South line of said. Section; thence North 00'29'44A East, 965.44 feet'along-the Easterly boundary of said Verona Subdivision Number 2. thence North 89"30'1'8" West,. 280.87 feet to ttie Northeast comet of said Lot 1.2, being. the Point of .Beginning; Thence South 11'04'28' West, 1.04.20 feet along the Easterly, boundary of said rot 12; Thence South 00'29'44°"West, 11-0.00 feet to the Southeast comer of said Lot 1'2; Thence tdotth 89°30`16" West, 94.54 feet to the Southwest sorrier of said Lot 12; Thence cont;riuing North 89°30'16° West, 29.77 feet to the centerline of said North Cortona Way; Thence continuing. along said centerline. 72.98 feet along a curve to the left, said curve having a radius of 200.00 feet, a delta angle of 20'$0'87" and a chord bear5irg and distance of North 36°43'10" East, 72.57 feet; ' fitience i~rortii 42°49'44" East, 28.98 feet to the Westerly bonndary~of said Lot 12;, Thence continuirr0North 42°49'44° East, 31.43 feet along ttie Westerly boundary. ofsaid Lot 12; Thence North 08°39'53° East,1't2.80 feet to the Northwest comer of said L-ot 1 ti; Thence South 89'30'16" East,132.00 feet along the Nortl9eriy boundary of said Lot 12 tathe Point of Beglnntng. Said parcel cont~~i'n~s,0.6G9 acres more or less. sir ~~~`°w"' ocz 1 z zoos MERIptAN PUBLIC WORT6S'DEr~T. 1904 w. Overlcnd • 6otse. IR l~il®S • Phase (206) 34z~Op91 ~ Fwc (~) 342-0092 • EmcB: c~c~tront(~7auadront.cc .CIv~7 EngineBiin9 • ~eY+hB • Canshu¢tian Management Exhibit C -s- CITY OF MERIDIAN PL~SVI~fTN'~DEPARTIVIENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 26, 2008 f40N7ELlNlJ {p ~ ~~ ~~ ~ ^' ~ N 2 N 'o o~ ~~~ -~, ,.,~ N ~ Gi ~~ N i ~ f yy V f I 4 {'IIh ~~ tl o b ~. i iG ~~ ~` n .t ~. e~ i AI t:~PTQNA b~AY S ~ 1~ -~ m 0 ~~ ~ 0 I~ J SUBDIY/S/ON ND. 4 REZONE EXN/81T T. 4 M., R. 1 W., 'IIOA COUNh' Exhibit C ~` ~ t p Ep ~ ~ p~ ~~ 5 i i ~ ~ ~ ~ ". ~ y l~ ~ Qrtlt t f ~~ 1 ~~. , ~1 ~` ~; ~~ k i ~[ ~'~ € -6- ~ ~ ` ~ - c ~ , ~ ~ ~ ~ ~ ; + III ' I ~ '~ ~ ~ t r i3 h ~ I I fI) iii 4 t t ~.' . ~ 1 ~ ~ ~ ~ ~ ~ ~ ! ~ ; i ~ 1 ~C ~1 6 i s i S Yt ~ p ~ ~ C ~ ~ ~ ~ j ~ t S ~ i o. 1 < I F. } C. ~ 4- i 1 ~ ~ 1( y t ` i I~ i ? i !!9((. r ~ ~; t i ~f ! I ~ l I ~ I i i ~. ~ 1 ~ ~,~ F, R t ~ I ~ C rA 1 7 ~ ~ I i , S Z ~ . r~ f ~ ~ f ` i d ~ r i ~',~ ~ ~ ~ ,: t ~ i i. R , ~ ~ t' V: N ~ ~4 yt 1 b t I F ! ~ ~ '~ ~ 4 ~ R ~~ 1 1 ~ i 3 i 1 i fa` ~ ~<~ ~ r l S, i ~ B M ! 1 ~ 4 y.' $ ~ ~ ~.. E t~ _ ~f i CITY OF MERIDIAN PLANNING DEPARTM);NT STAFF REPORT FOR THE ~G DATE OF FEBRUARY 26, 2008 Exhibit C - Bridgetower Crossing Office .~' ...,1 ~~^ ~~ 6Zuodrant Conaulting.Inc. Legei :Description For ' ~®ridgetouver Cro$sing Subdivision No. 15 {Rezone) Rezoning-from R-4 to~ L-0 Lot 15;16 art411'7, BIacN; 36 and Lof 1, Block 39 of Bridgetower Grassing Subdvision No. 11, Book 95 of Plats at Pages 1'18Q4.11805; Ada County Records, Lot 43,44 and 45, Block 32 of Btidgetowe~r Grassing Subdivision No. 12, Book 86 of Plats at Pages 11834- 1183fi; Ada ~Coumy Records and a por~on of the Right-0f Way of North i.inder Road, West McMillan Aoad, Bind North Copperctoud Way located in the Northeast c)uarter of Section 35, Touirnship 4 North, Range 1 West, Boise Meridian, Ada County, Idaho descc;bed as foltowrs: Commencing at the Nofheast comer of said Secfitm 3:5, being the Point of Beginning; Thence South 00°15'17 West, 1317,40 feet along, the East line of saint Section; Thence North 8'19'30° West. 418..01 feet to-the Southwest comer of'said Loi 17; Thence fdorth 00°15'17 East, 1.316.36 feet to the North line of-said Sectioriq Thence South 89 28'07" East, 418.00 feet along fire North. line of said.Section; Said.parcel contains 12.637 acres more or less. e~c q~T t 52x47 e~~~~~c Exhibit C -7- CITY OF MERIDIAN PLASO'~DEPARTMBNT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 26, 2008 S! 'ON ~f~M0t3'SOlb6 ~1d3C 81l~Nt. Ot'18t1d {~y1012l3W ~~ 5 A9 ~ IAA t I t I i i i i i i i W •' ~C~v ~ ~ ~ z N W ~ W J j d Q nom' ~ o W A d H W r`j p a~V O - rluf r~ '!^ c~ ~ e Exhibit C ~ ~ F ~ t ~• K . 1 E -8- ~ ; 3. I ~,3 1 I ~ I t -. F 1 i ~i y f` I~ ~., i ~ , f ,t ~ I l ~. ~ ' ~ ~ 1 ~ ~~ ~ ~ ~ ~ ~ k ~ ,. 3 ~ ~ ~ n ~ I ~ , g ~ ~ 7 I si c ~ r 's S ~ E I F _ , ~ , F ~ t '~ ~~ I ~ a '~ - ~' ~ ~~ I ~ 4 1 i a I ~ ~ ~..; . t ~ ~~ ~. s i Y i tl ' f I 3 3 ~ ~' i t ~ ~ s ~ i S S ~~ ~ ~ 1 x';1 ~ I ~ x, 1 tf i ' ~ ~ ~ y + ~ ~ { ' ! ~ i t ~ r S 4 ,1 ~. ~ ~ ~ ~ ~ !. ~ CC ~ ' ~ r ~ ~ ~ ~. 1 ~ ~ ~ ti ~ - ~ g ~~ ~ ~ i I ~ ~ ~ 3 T i 1 ° , I , ~` t ~ f ~ ~ { . ~ ~ - ~ y CITY OF MERIDIAN PLAIVNIN~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF FEBRUARY 26, ZU{}8 Exhibit C - Bridgetower Crossing Commercial ~~ , ~~ 6~ucldrant Consulting, ihc. legal DescNptlon For . B.ridgetower Ccossing 3ui~divislori fife 1® (C-N Rezone) t~ezone from R-4. and Cd3 tc- C-N • 4ot 6f3 thru 70,131ock 10 of Bridgetovuer Crossing SutadivlsMn No 7. Book $Z of Plats at POges 10.81834081:~;;Atia Countar'Records and a portion-ofthe l~i~ht Of Way.bf:No(ttt T,en iVlsie- itoad and• West t'~uintala Qrivo kscated in the Notfhwgsf q~ter of ~$et~lan 35, i Touunshi~ 4 Tstorth, l2ahge 1 U{Iest< Boise Meridian, Ada County, tilsh4 rtiore patticu~yi i • -.desaibed~ as fioilows: ~: "~ ~Corniaiencing at the ~Rterthvuest comer of said $ectian 35, thence South 9tY52'48' West, .'448 00 fast along the West lino of.sahi section •to the Po1n~t of Bsglnrring;• 'Thence ~ 8!~'07'1.4° Fit. ?,22.77. fast along the cetiterlhaa of said NVest Glui~itale . Dive: Theit~ c~tigni~iiig alcing said rsntei~ne 89:32' feet along a~ curi-e to the dgtit, said. curare Fjaving a radius of 30#D:00 feet, a delta .agile of 17't)3'32° arci a d, ;rot`d bearing and ttis~rrt~ .of Stislirth 80'38'27`°:F~st. 8$:9B f Thence fxiritinuing. fJ8.54 feet along a curve ~ ~e ieft, said .cunre'having a radius. of ~ , • 300 00 feet;. a delta angle of 16'84'34° and a chard tiearing arid tfists>t~ of South .titl'30'SB"~Eas~t, •88.22'f~ • Thence teaicin~ mid cisnteriine,Soutkl OD'S2'46" W,a9t; 78G.'t8feetto tpe.Southeast . comar~f acid- t;4t 70; T-lenos IVflrih 89 O.T1'4"West. Sg$.00 feet tatt-e West line,of said Se~i6n 36; 4 ?fiance ~Noftf 00'$2'48° East, 812.52 feet along said West iirte to the Point of ~egtrtning, saki par+cei r~antains 7;37 -acres more'or less. • V°"~' CAD G-~ 0 ~ 2t~7 . •. -AEC tt3~ ~ .>~~~. ~ zornxa . 19f14w.~Gverttmll •,BO6e..~837.~ • Phone{28Q1~42.OQ91 • Fait{1342-0042 • Ert~quad~4rit{~Luc~rwitec . _ G(dH EngfnesrinA • $inv~ing ~ CCnShvCllon.(VkQncgetttAnr Exhibit C -9- ~, ~ ; ~ ~ ~ m I ~ ~~ 1 t I .i ~ f, k r ~ ~~ - ,a ~ r - ~ ~ ~. ~ ,~ I ' ~ , ~, i ~ ~ ~d~- '} ~ ~ pg i ~ ~! 'S I u i t i 1~ I ~ !s. ~ ' ' ~ ~ [ f ~ ~ _ T ~ . g i~ l ~ ~ ~ ~ , K c ~ ~ ~ i ~ ,, F ~ x I Y R ~ ~ ~ ~ ~ ~ ~~ 1 ~ f ~ ~ ~ I ,t t ~' ~ ~ r ~ I? ' nth ~ ~F ;a ~~ ~ ~ ' ~ a' Wi ~ ~ I S~ ~ ~ , 1 FF ^ ~ ~ '~ F 7 t ~, ~ ~ ~ ~ 1 . I F `. ~ t~? ~? i i f j t ~ i ~. . j i ~ i ~ l ~ . ;~ ~ ~ ~. l Q ~ ~ ~ i ~ S f 2 T ~ ~ ~. I.,~ ~ i ~ ~ ~ '~ - Q G i s ~ ~.'' 1 i } i - ~ ~ ~ f... i ~ ~ j ir. ~ I i ~ ~tif f '~, V ]i. ii ~ e ~ h ~ ~ Id - CITY OF MERIDIAN PLANNIN~DEPARTMENT STAFF REPORT FOR THE HEG DATE OF FEBRUARY 26, 2008 a~z_s as ~ g ~ g ~ '~ v CEPUTERUNE Of ~ ~ S89' 07' 14"E W O . .... ~ W d ~~ z W z v a' OQ'86£ M'd.41 ,LO 10- W ~tsl m N ~ O M M ~~ LLO = V QO~pp IY1 .pOQ tI1 O Q` ~ N ~q }}.. p ~ 170 O p F- ~ 4 ~~ O-. Cf• pf UI M M a ~ o vai N c v i n '- io ~ 5 0 0 g o a. w ~ ~ U a ~_ ~ ~ W 3 LJ ~ ~~ ~ F C1 ~a O V O N W p .. ~...• Exhibit C ~~ (~~ i< ,, ~± ~3 i ~l F, ~ ~ ~ ~d ,~. ~o o ~_°~ i ? ~~ ~' Ll am DRIVE C2 . ~ ~ ~i - ' ~ y 1i ` r Sx 4 ~ ~ I ~ ~ f i ~ {{ G ~ i ~~ :~ , ~ i ~ ~ ~ 1 ~ ~~ ~ ~ ~ ~ ~ ~~ Y ~~ ~ ~ ~ g { ~ i ~ ~ { ; ~ i s I ~ € . ~.~' ~ , ~ 3 ~. r ` t , ~, i g ~ ' ~ i . j i ~ ~ }} ~ E ', ~i .~ s ~' ~' F: {, t ~ o ~ h2: 1 } ~ ' r S .I j 1 1 ` '# C 75: I ~ ~ > ~ FFS 1 ~ ~ f ~ i~, 1 s ye'.! { ~ i 1~ G' +~ `t 1 ~ ~ ~1 I r 4 ~~ ! t ' -0~ ( ~~ Z t ~; ~ . ~ i ~ i ~~`, ~ ' ~ ~ 1 4 t I~ 7 a 'i i f 1~., ~ ~ t~ ~.~ r, . ~ t t v~ I G I - ~ k ~~'_~ r C r ' f 7 i, t t t - t r r 41 i YY i I 1 L r x ~ { ~~ r t ~ c "~ f } ~ i ' f " ? k i F t i t ~ 's ~ , 4 r :t y z i ~ ~_ i f ; ~ ~ ~ . ~{ ~ ~ . 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEA~G DATE OF FEBRUARY 26, 2008 .~~ t3tr ~c a ~} 2il1~? ii Quadrant ~4wat~oevx° Consulting, Inc. Legal DParcription 15tidgetower Crossing Subttivision No. 16 (L-0 Redone} Rezone from R-4 to L-0 Lot.2, Black 10 of Brid~etower t,,r'ossing Subdivision. No. 2, Book 86 of •Piats at Pggas X641-9643; Lot 1' thru 3, Biodi 1 of Oalisry subdivision, Book 93 of [Mats gt Pages 11140=1 t 14t; Ada Coulrtyr Records and a portion of the Right-Of-tlU,ay of Notq~i Ten A~Ite Road and West Beiitower, Drive, located in the Northwest quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Alta County, Idaho more partlculatiy ' described as follows: Commenc~g at tt1e~ Northwest comer of said Section 35, thence South 00°52'46" Wit, 1255.52 feet along the West line of saki section to the Point of Beginning; Titerice South 89"07'14° East. 398.09 feat to the. Northeast comer of said Lot 2; Thence Souti100 52'48" blast, 49.4.52 feet :to the cettteillne ofi said West Befitiiwer Driy®; Theme~ North 89'07'14° West, 398.00 feet along said certtetiine to Ste West one of said $ec~lon 35; Thence North 00'53'46" East, 4134:52 feel slang said West line to the Point of Beginning. t_xc~uDinx3 THEREFROM: LQt t., Block 10 of t3tklgetower Cmssi Sttbdivistoit 1Vo. 2;. Book 85 of Plats at Pages 8641-9643; ntore padiculatfy destxib d as. foiknros: Commenctrig at the Ntrrthwegt comer of eatd Section 3~, th~tce South 00'52'46° West, 1255:52 tee along the Wes! line•o~ said. sectlon,. thence South 89'07'14" East, 233.00 fQet, thence 3aith 00'52'48° UVest, 60.02 feet to'the iorthwest comer of satd Lot 1, biting the isoi~ of Beginning; ~ ' Thence •South 88°07'14•° •East,140.~ feet to the Northeast comer of said Lot': Thence South 00°52'46" West, 1.45.11 feet to the 3os;Jttteast oomer of saki, Lot; Thence North 89'07'94"West,140.00 feet to the Sauttsavest comer of said Lot; • Thence North 00'52'46":East, 145.11 feet to the Point of Beginning. Said parcel corttatns-4.05 acres more orless. 1944 w. ovettond • t1ol4e. tD83~705 • Pho~ (?,OS) 342-Q09t • fwc (~ 342-01132 ' dvi+6tigineertng • Surveying • ComMutfor-klonpger Exhibit C -11 - 3 ~ !~ ~ r 1 ~ ~ I ~ - t ~ t i i F ~ ~ '> l I : ~ ~ {{ ~ 9 1 1 ~. ~ z 4 5 ' a 1 ~ ~ ~ ~ t f ~ T ~ ,f ~ j ~ ~~ ~, f ~ i ~~ e ~ :, s 1 ~i ' ~ ' i ~ F ,~ ; ~ ~~ :_ ' ~~ ~ ~~ ;~ ; ~~ ;~ ~ ,~ , . ~ ~ ~, ~~ CITY OF MERIIIDIAN PLA1`1l~EPARTMENT STAFF REPORT FOR THE HEG DATE OF FEBRUARY 26, 2008 8 o ~~~~ W ~ Q ~ ~~ zz 26 ~ ~~ :Z. w Q " ~. Q 34~ 35 ``~' 3 ~ ~ ~ . ~ ~ ~ ~ y" c~ z `~ ~ = g w z~ 0° ~ S89' 07' 14"E 398.0.0 ~ ~ tL p ¢ o U ~ ass.oc ~ x~ ~• 52• a6"w o "~ ~- Q ~'.. i~ r z 60AZ I~ n a O ~ to G'.~° o ~ ~ 589'~~14.°E o ~a ~ ~ w ~ ~~ J r1 N O Q z~ O _~ N z tt7 ~ ~ ~yj. ~Y d- ~ d' H ~ ~ ~ ~ '0 l eh Z ~~ ~ . Mtl4l ,EO .6BN O ~ ~. ~ Z ~ ~ .. ~ ~ W ~ ~fi H N W ~ ~ ~ O C? 0 0 ~ Z I ~. ~f/ ~: DO'86~ M„i~ l ,LO .68N w g. J 3/~12l0 83MQ11138 'M ~0 3NI12i31N3~ y ~~ Exhibit C ~j ~ 4 V 4; f _~~ , ' 7i j 1 ~ ~ , I ! f i ! i ,~ i ~ 1 ~ ` ~ ~ !i 3 i ~ ' ~ ' ~ , ' ~ ~ . a -12- ~, ~ , ~~;t ~ ~ ~ r i ~F 4 ~ ~~ P ~ ~~ i ' s ~ 3 ~ ~ ~ ~~ ~ ~ f ~ ~ i ,,. ,a c ~~ i '~~, f i , ~ y r ~ ~ - Y~,- t ;- ~ ~ ~ 4 t F 7 j ~~ ~ ~„ j t ~ ~ I , f + L f ' ? 'i ` ` l ~I P~, ji ~ E ~ ;~ '~ ~ ' ~# i ~ ~ 1 i 1 ~ ~ ~ p ) ~ ~ ~ ~ ~~~ ~ ~ ~ ~ ~ a G ~ F , ~~ ~ , ~ ~~ ~ ~ }as I ~ i ~ ~~ C f ~ ~t. i t ~ ' ~ r i ~ ~ ((~ F ~ ~ ~; C ~ , } 1 ~ ~ y~y ~ 1{ ~F ~ ~ ! 1 6 =1 ~ ~ I ~ `~ 3 ~ ~~ y 3 E ~- ''; ~ t ~ ~ ' ~~ ~ Z .~ i~ f ~?~ k rs t CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEA~G DATE OF FEBRUARY 26, 2008 L~ •~ •. s~• ®®Qucldretn~k. Gonswtting. tnc. . ' ~ Legal 9esoription ' Poa• Birldgatower Crossing Subdtvtston No. iS • (L•b Rezone) Rezene from R-4 to LA ' Lot 3, Bloc 8 of Brldgetower Crossing Sutit~vislon N+~. 2, Boob 86 of Plats at Pages • • ta6dt=8; Ada County Recdrds anrt a porttor- of the Right•Of-a~ay of Rforth Ten Mile Road, located M fhe t+iertltvaet~t quarter of Balaton 3S, Tovunshlp 4 North, Range.i W~ :Boise Nieitdlan, Ada County, Idaho mflrs paiiicutatty described as.foUows: CbmiiEtettdng at the~Nforthvuest' cx~rrtet bf seld Se~On 35, thence t3outtt QO 62'46° Wit, . 2bf 4.G9 fete along tht>t West ltne of said section to ~ Potttt of.B®gMnitng; 'lhsncM SouUi ~'07'f4" East,.398.00 f®et to the Nouheast cotr~er of sa[d Lot 3;. - 'f'hance South 00'E2'46° West« 200.00 feat to the Southeast corner of sail! Lot; Thence Nortfi t39'07'14° West, 398.00 feet to •1he West Me of satd Sectlcn; . Them NottiT< 0052'413" East, 30D.t)0 feet along said West tlite'to tt~ Polnt of . tt3®glnalitg. • laid paraEai canfains t.83 acres- rrtor®or Mss. .. - ~ - ~. ~ - ~ vAt ' ~ ' ~ i~C 0 k 2Q07 .. - '~O~' ~' la~oe~w. avci = eto~iea • `' . Pr~s~st3ai~yt • ~t~ ~udc~+t~auadrentec ~. ~ . ' CAB ~gft!~enn8. ~ Swvey~ng • constuiefiton .. Exhibit C -13- y , , yf i S , .1 , . eT ti E ~ ' y;~ G` `~ ~ ~ ' ` ~' ' ~ ~ A ~~ h 3 l' ~ ~ 1 ~ s ~ ' ~ ~ ' t ~ 1 1 ~ i, ,~ E~ i f i . t ~ ~ ~' Y s E ~~ ~ i ~ ~ ji ~ ~ f ~ ~ ~ ~ ' ~ F i ~ ;, f t , 3 ~ ~ ~ i g , ,,: u ;~ ,,, ? ~ ~; ~ ' r ~ ' ~Y ' ~' ~:f ~ ~ A f ~ ~ 4 ' ~ ! ~ ~ 6 ~ ~_ ~ 11 ~ ~" ~ f}y 4~j G ~ ~ } i ~ 1 L ! 1 .i {~ ~ ) I 9 i x ~ ,. i ~ ~ ~ 3 ' ~ ~ ~ ` ' i ~ ~ }N! I ~ h f YA q ± ; $ . ~ ~ f~ ,'. ii 1 ~ ~ ' ~ ~~ ~ h ..~~ ~ ~ l `~ ~ `. C t ~ ! - 7 ~ ~ ~ 6 ~ 1:7 1 t ~ ~ ~~ ~ .~ S l ~ ~ rE a ~ t r i ~ =4 ~ ~ ; ~ ~ 9 ~ ~ ik ~, ~ I ~ l ~ ~ ~ ~ a P S f . ~~. i 3 ~~. 3 ' ~ , ~ a ~ ~ ~ t t i CITY OF MERIDIAN PLAr1NIN~DEPARTIVIENT STAFF REPORT FOR TIC I-IE~G DATE OF FEBRUARY 26, 2U08 I ~~ g t= a ms d' o ~1 ~' .;, .. ` .~a_; ~. .. - •::: '_~ . Exhibit C - 14 - •. ~. u°~ ~ _ u ~' y O ~ .. w ~, ~ ~ ? i .? ~ ~j ~ A I ~ ~ 1 ~ ~: i ~ 1 ~ i 1 ~- I ~ ~ f t ~ 5. 3 . . i~ [ Y t ~ ~ r~ E i ~. ~ F ~ i ~ r . i{ 1 4 ~ 1 ~ i I ~ i . t ~ ~ !. r j 1 # . ~ i ~: 4 ~ ~. 9 ~ ~ t s ~ ~ ~ ' , ~ ~ .~ t ~ , E i , ~ ' ~ ~q i a i i 4 ' i ~ i - s i * ~ Ci ~ "t 1~ ~ y ~~ 3 s5 ' .~ ~ ~ ~ . ~i y F ~ ~ k i i ~ ~ ~ ~ c { ~ ~ t ~ °' ~ i . ~ ~ r~ , p~ ~ r. , , i s ~ + i I 4 ' 6 i,i' ~t ~ ~ ° 1 ti ~ j . f !.. `~. , H ~ t i, ~ r { ~~ '` ' f i ' ~' ~ ~ 4 1 i ' ~ ~ ~ ! r ti i ~4 ~ ' ~. ~ ^1 1 '~ ~ ~ ~ ~ ~1:: ~ Z ~ } . ~ C '} 7 t E a~ba ~i~ ~ nit .a CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE I-iEA~G DATE OF FEBRUARY 26, 2UU8 Exhibit D _ I _ ~.' t 1 1 ~~ ~ Fr li i ~° ~ ,~ r; l'( ' ; ~ I t I ~ ~ ~ i ~` ~~ ~ I ' i ~ ! ` F jf Z f r 3 1 f f ; ~ ) ~ h ~ 1 x {x7 ' ~ ~ ' ~ f N ~ ~~j ~ ~ 1 1 -~~~ i`. f. _~ I ~ ~ ~. ~ ' ~ ~~ ~ t 1~ ~' ~ ;1 f ~ `~ j r 1 ~ t F# . I S : t ~ ~ ,~ ~r ! t~~ ~ I ~ r f..N I ~ t ti !~ f ~ } ~ j f , Y ti ' ~~ Q , ~ :~ ~ f ~ ~ I j d 1 I ~ ~ y ~ ~ ~ ~ i ~ ' j l`~ ~ a ~ ~. ,1 ~ ~ t i ~ i ~ 4 a ~ ~ j` 't ' I , x s 4 j 2! i E $ ~ f ? '~ ~`~ [S ( y ~ ~ ~ ~ ~ } ~ft ~ ~ ~ ', d ~ Y ( ~ ',, F CITY OF MERIDIAN PLANNiN~DEPARTMENT STAFF REPORT FOR THE HEG DATE OF FEBRUARY 26, 2008 ~. ~' - ~. Exhibit D _ 2 _ M• ~ 1 ~.~ ' F i , k d~ i ~ + C t f !9~ i j ~ ~ I '. ~ ~ 1 ~ ~ ' , i ~ ~ ip ' ~ ~, i ei ~ 7t ~~ N i ~ (! F ~ ~ a } ~ ~~ ~ ~ ~ 1 ~ ~ ~ t f ~ ~ ~ ~ ~ t I ~~ ~ ~ ~ ; ~ ~-^ft U ~ ~ ~ ~ k § ~ ` ~~ .~ I I ~ i b ~ ~, ~ ~ 1 ~ ti 4 I ~ 4 F tl 99 Z ~ ' ~. i4, ~ ~ ~ $ ~ :~ ~ t i ~ ~ ~ k, k gg ..3 3 ~ ~ I E~ ! ~ f e ~ ~ ~ r ~`. ~ ~ ~ is i ~ 7 ~~ ~ i ? 1 ' ~ f , ~ - J t ~ . i ~ 7 ~j ~- ~ r 1 l t, ~ i-= ;~' ~ 7 G ~ ~ , r ,, ~ rtju ~ ' [~ ~ I 1 -~ ~ 7 i ~~ ~ ~ ~ a Qtl ~ i i 1 3 ~ ~ ~ 1 ~ 'P ~ I ~ ~ Sn ~ , a ~N. ~ j F i $ k y k ;~ t 1 ~ y , i ~ i ~ ' ,1 ~ ) ~ ~ ` ~ ~ ~ , ~ 4 i 77 E p f CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF FEBRUARY 2b, 2008 .~ t ~"~~ ~ ~ ~ e a~ r~e:Nl ~ it _ •;~ "r. ~,~ ~ L ~ay 3Ai~V 6 9 ~ .~ ~ ; _ a~~ -~ _ . n y~, _ _..,~ _ 1 ~.e , - a. _ _ 9 l~ 9 _ ~~ "~. ~~ y~ _ ~ 4a 'fin m ~ y Exhibit D _ 3 . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF FEBRUARY 26, ZU08 ;. ; `-, i' ~ ~ ~~ ~_~~ ~ .. ~~-~ ' ~f I~ a ~, ~~ :~ Exhibit D ~~•'...i -4- 11t I ~ - l~ ~ ~ 1 ~ i h ~ i 7 ~ 13: ~ ~ ~ ~ 1 ~:, t u ~ t ~ i l i ~.f}1. 7 1 ~ C: t ` i ~ 1 e 1 Y. ~~~ 6 P F .' n ~.,~ ~~ ~ ; ~ ~ v ~ ~ d ~ f ~I. F d A ?S „~ 3 i 1 ~~ ~ i I L ~ { ~ 5 4 ? `I ~t q~ ~£ `~ ~ , 3 ~e t ~i ~ y f ~~ , ~ G ~ , ~ i ~ 1 ~ i i 7f . k ~f>i ~ ~ ~ i a: { :: ~ i I" ~ ~ ~~ I ~ f k ' t . ~ I ~ . i ct i y ~~" ` ~ 1 4. ~ I P - ~ I I I. ~+-- ~ f ~ ~ t i ~, ~ f ~ ~ ! L i+ I e I I 1 N i ~ E ~ ~ ~ 1 ,, f f ~ ~ ~ , ~ t'~ ; '~ ~ x ~ , y f ~ ~~ ~ ~ ~ ~ a ' ~ ~ ~ 1~ ~ 4 ~ ; ~ t ~ ~ ~ ~ ~ ~ ~ 2 ~; LAS ` {{ II t 1 ~ ~ ~ }~ ? t~t ~ ~ ~ [~B. ~ 1 ~ t 1 ~ e ' f ,., i - `~ ~ f ~~t ~ E' (~y ~ t ' ~ 1 ~' i ~ ; 1 ?i f ~ ~ a i+ i N j f 7 ~ z ~~ 1 CITY OF 1VIERIDIAAI PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF FEBRUARY 26, 2008 -~ ~~ ~'~ 9 E fl ~ ~ .--~_ ~~ -- ~ ~ U ~ ~._ _;e _ _ ,~ ~ ~~~ ~ ~, ._.. _ . fl~9 ,~., ~- .: ~ _ ".. „~ ~-,,,,,,.~ - :,;~; '.,~~ rya'' ~ .-, . -~'~ y iw ;~o '. r_P Exhibit D -5- ` ' i ~ ~ ~ ~ ~ ~ 'i i ~~ ~~; ,~ t r { s~ E { ~ C ~ ~ f i ~ j. ~, I j a ~ J v z ~ ? l ~r e ~ ~ ~ ~ i~ ~ ~ `+ 4 ~ ~ ~ k k '~ ~ t # ` ~' : , '~ ! e ~ rrp ik f ~ _ tai ~ E ( ;~ E r j ~ ;~ ~ ~ ~ t ~ ~ ~ ~ ~ ~ ~ ! ~ r~1 te ~ ~i i ~ L 1 1 ; ~ ,. ~ ~ i r' r7 ~ . ~~ { ~ .n r 1 S~ ` ~ ~ :i. I~ f )}, :i i :t Ise ~ i I -.i j L~ - i { ~ I ~ ~ ~ ~ ~ 6 ~ ~ t ~ e i 1 t jf } . t 1 ~ i : i', r } i u ~ E >r , ~1 ' ~~ j 1 `~ ~ „ 14 f~ 5~..'~i t. .t L~ f ~ ` L 5 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF FEBRUARY 26, 2008 r^~ ~~ n~ u __ . __ .. i ~(~© ~i _ t "'Y'om' ~ ~ i5°i° -, i~y ~^ L ~. -fir . `~[ ~•x;.:. ~=.=~~,.':~~..~v .. --~b+~xma- 1 ,t Exhibit D - 6 - 1; ~ ~ i t j ~ S ~ ~_.~ q~q ~ i ~ ~~ i a ;i ~ y 'r ~ ~ r ~' ' ] ,~ i ~ ; t ~ , $ ~ f { . ~. i e ~ k f ~ ~ ~ } ~'~ S ~ t t ~F 1 ~. ~ ~`~ 1 k ii ~ f ~ ~ ~~ ~ 3 ~y I+ . '~ 1 f ( { i '; 7 s ~ i ~ ~ ~ ' S? ~ i i~ p ~ r~ ~ ~ = ~ i~ t r e 7 a f ~ ~ ' tE ~ N ~ ~ Z ~ ~ l ~ ~, 4s ~ I '~ V t ~ ~ ` ` f a ~ ' ~. ~ t S ~ i ~ i 11i - k N ~ t ~, { 4 ~ ~ ~ r t~'~ ~ ~ ~ i i r .~ ~ ~ 1 d S k + X ~~ ~+ ~~ ~ ~ ! ~ ~ J ~ _ ~ i~;~ s ~' ii , ~ ~ ~ k 4 k ~ E ~ ~; ~ 4 i { ~ t • Bridgetower Crossing Commercial ~ D ~..~. ~ ,R-, ~ Applicant's Preferred Concept Plan --- N ~.., 00~ k k a~ ~~ V' N' BRIDGETOVVER 16 PROPOSED C-N ZONING AREA CONCEPTUAL DEVELOPMENT PLAN -VERSION 1 ~ ~ ~ ~ ~ ~ ~~ `' l { + Fi. 4 l i ~ Af + ( l i _ It E ~~ ` ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ k ~~ ~ ~ S 1 I ~ ~ ~ t g ~' ` ' ' ~ 3 °~ , ~i : ~w:~ ~~ ~ ~t~ k ~ ~ . ~ ~ ~ # '~ z ~ ~ E ' i ; t ~ 3 I , r ~ f , ~. I r 1 ~ ~ ~ , ~ s ~. , c ~ ' ~ f 171 p ~ ~ ~ ~ ~ ~ ! ~' ~ ~ t ~ '~ ,, 1 ~ j - ~ ~ ~ ~ -~~ ~T _ ~ ~~ i ~ ~ E ~ ~ ~ J~ ;~. i i i t t ; % i ~ k f r , ~ r [[ ~ G t t~ I ~ 5 k ~, i i k~ .k f r ~ is r ~ r ~ ~ ~ ~ ~ i ' ~ ~ ~- ~ ~} ~ d ~ ~~ ~ ~. _ i~ ~ ~ ~~ ~ I f ~ 7 ~ ~ r ; 1 ~ ( Ct r ~ _ ' j 1 ~i , }` ~ i~ ~ ~ L i ~ .t ~ + , r ~ ( ~ ~ ~ ~ ~~ 1 . ~ ~ , f ~ ~ , ~ ; ,~ ~, r .f j d~ a ~: ~~ ~~ ~o Y~ N ~-- ~^ Bridgetower Crossing ~~~Commercial _It1EC 4 3 n. ~ °~ ~~ U'1 O N UUU A~ e~pte ~r BRID.t~TOVI~R 16 PROPOSED C--N ZOPIINO AREA. CONCEPTUAL DEVELOPMENT PLAN -VERSION 3 P&Z Commission Recommended Concept Plan for Bridgetower Crossing Commercial ' I iEl111^1[II ~ ~~k ~ ~®~ ~~ F ~ -~ 4 ~ ~ ~ ~ FF ~~ ,' ~ ~~ ~ ~ t ~ ,' E ~ ~ ~ t~ t i # ~ . t ~ i t .i F r ~ ~~ F i .. 5 c! ~, r , Y ~. y ? f .9, h . t ~ + z ~' ~ ~ a '~ ~ ~ ~ ~ ~ ~ t 3 s ~~•.f ~ z S k ~ _ ~~ - ' ~ ' .~ ~ '~l, ~ ~ 1 f ~' ~ fi r, C ~ 1 ,{ ~ ~ ~~ ! ~ - ~ ~ I ~ ~ ~ ~ ~ ~ ~, 1 ~ ~~.~ ¢ ~ i a ~ ~ ~ ~ V ~ ~,. i { t' i i •~ rt ~ Y ~ ~ ~ ~ 1 ~ ~~ f E ~ ~~ L t 1. y f ~ ~ ' ~ S ~ f ~~ ' 6 J. - ~' ~ ~ ~' ~ ~- rS ~ ~ i f > 1'~ ~ ~ 1 - ~ E t~ ~ i . ~ E ~ ~ f ~ ~ [ s ~ t 11 .~~ ~-~.~ ~ e ~i ~ ~ LL ~~' ~. f ~ ~ ~ ~~! EEF { i~~ ~ ~ ~ ~ N ~ F o Exhibit D - 1 - ~. l i j ~ a i t t. f S ~ ~~ I i' {[~ ~ f ~ + rI ! i i ~ ~ } t ~ ~ ~~ FF 6 , t ~~ ~ ~ ' s f {Y r ~ ~ ~ yyy -~-. ~~ ~ 111 ~ I. . :t k 1 i 1 ~ { ~1 ~ t i ~~I ,tT3 ~ s '' ~ e F i. _~ i 1 ` ;~~~ ' ' ;- E ~~ 4. ~ ~ ~ ~ ; , ._ ~ ~ i ' i i +e ~ {f 1 - y ) l } 1 1 1 ~2 ;~~ ~ ~ z _ ~ ~~: if i ~` i. f' ' { ®. .. j~. a~ w Exhibit D . 2 _ ~~ ~_ ;~ a t .. k: , ~ ~: z ~`r~ ~ ~ s ~ s ~ ~ t ' : 3 ~ x ~ ~;~ , ~ ~ ~ ~ ~ i t 7 a ! ~ a ~ ' , t$ ~ ~ 1 ,~' f- ~~- ~ { ~ ~ t `~ , ~ f -i j 1 ) i ~ a E~ ~ ' ~ ~4 sf i` ~ ~ T ~ ~ i L ` f ~ ~ ? ~ t ~ ~~ ~ d I j ~ t r~ i t ' ~ ~' # ~ , ° ~ ~' ~ F ~ ~ 1 + _ ~ ~~ e I {j ~ ~ + i i ~ E ~ ~ p j I .' 1 F - tL} ~ L ~ gy } ~ K ~ i . ~ '~ ~ ~ F 1 ~ k ~ ~ + 7 I 7 ~ j ~ ~ .. ~ ~ ~ ~ ~ ~ ~ ~, t ~ Y I 1I ~ ' ~ ~ ~ d ' ~ a '. 1 cc~~ Y~~ ~ ~ 1 L E :. ~ ` ~ ~ i ii[[77 F F _ (i {~. 1 ~ i ~ j . 1 ~ ~' ~ ~ ~~ i :33 {' ~ i f i w ~ ~ I ~ ~ I ~ ! ~ ~ t k 1 1 ' c ' t i S f ~ 1 I E ~ t ~ ~ ! f ~ $x ~ . a ~ ~ 6 1 ~~ S ~ ~ ~ J ~ 1~. ~ ~, 'Z 7 ; '~ y t 4 ~' .~ ~ ~. , • r n' - _ y y 9 %~ u '_, rai a.,.N a ~ ° ~ ~°ao ,,s ,p~~y1 _ wu~ _~o ~` i c~~ n i + ~ ~~ u ~N 9 °~ g h ~~ ~ ,~; •z Q~a~ °. , .~-~... .s. ~.~ _ ~. .;~~ 9 a ~~ ~ ~ 5 n , ~ ~-<~a '~q ~ a i Q ~ ~ %~ ^` ~ .~ .. ~ d ~~-o '. ~ _e a 4 b ~ Vg ~ e u _ ~Q` to .; ~ ~. ~.~,m - - n y y° - ~ /- - - ~- Exhibit D - 3 - .~ f ~ 1 1 '~ i r.;~ f~ a, r 3 Z ~ y I; 1~. g ~ i . I`~ ~ i I. F' t t ~ t t I r i c 7, 2+ • • '~,"" - .~ u ~c a 3 n . P A p 1 n ~A}d. " F'^i l ~) {' " ;L }j) o ~ ~. y °'' - "~ ass I .. J L e' ~;~ ~ b A Q~ ~,~r ~ , ~ y i ';~ 4 . n . - ..s-.~ g, ~ ~ ~, - •~...¢,rn~.. Y-: yy~ ,tea ~~. a .H . ~rrl n ' V ' , V ~ 1 .. ,_ ~ a =~. C Q, ~ ~~ ~ 9 ~ ' F. - ~,.gidi .~~. - era ~ . @y ~ d'9 "'~..~..°~LJ -~ ,.~-~ , ~ 1 ~~ v . i ~ i ~ _ ~ is'• j1_ - - - ExhiBit D - 4 - t R i ~ ~ ~ }~ . ~! ~ ~ I~ i ~ t i j ll ~.t i P' t ;~~ ~ r- ~ ~:~ }} 2 , f ~~; ~ ~ A ~ ; ~ . it ~~ ~ i L ~ . ~~~ s !~ ~ ~`~ I l ~ 1' 1 ~ ~ ~ ~ 2~ k 7 1 ~ ~~~ l"i r ~ ~ ~! . I '~._ ~ ~ YY '.3 j ~ i ~ ~~ C,~ ~ . ~~ l ~ ' ~ ~~ ,r ~ ~ ~ ~ ~ , ,. i ~~ ~, ~ ~ ~ s' a E ~' i ~, ~ { ~ I ~ r ~ ~ ~ ' . ? , ~~ ' ~ ~ . ~ Y ~,~ ~ ~ ~ f ~ ~ II ' t .k. ; ~~ t r r z 1 . ~ ., i 7 • ~9 ~, -° Exhibit D - 5 - W i ~ ..~ - --~ c _ .S 'ti a g 0 3~~.~ ,,F~~,,.:: a ~.o an~e~ _ g: -.. .~6. mss; ~_~. ~ - '~: .. 4q G ` +......-..r.~.~..rw7Cw...~..nw ~ F r # ~ i ~ ~ , ~ C` ' i I r ` i F {i~ G ~ i 3 ~ ~~ ~ ~ ~ ~ fk ~ i . i 1 I d ,~~ ngg ~ { + !1 f 7r ~ s F ~ ~.d ~ ~ J? -2 - ~ t~:5 ~ ~ _~ +~ i ~ ~ '~~ ~ 4 ~ ;1 1 ~ i ~ ~ ~ ~ +I ~f ~ 4 i~+ ~ t ~ ~t '~ j ~ t i ~ } } i 1 r ~ ~ ~ i :1 I j " ~~ ~ 3 ia} ~ p ~ ~ ~ ~ 4 ~ t yy+I f tfi f, # 1 ~ ~ kl i k i ~ S{~ i i i~ ~ ~, ~ I ~ 1 ~ { r , ; ~ ~~ i. I; t ~ t _ ' 3 4 ~ ~ r k 111 ~ ~ 3 I ~ ~ ! '~ ~ ` ~ ~ ~~ ~ ~ i r` t ~ ~- I ' ~ ' F ~f{tb j - t ` ~ ~ ~t~ I ~ ~ ~ I ~ ~ls ',1. a ~'~ tt F t t o -, ~ ~.~ S Y ~, 'A 11 I{ f{ ~ ~ I ~ ~ ~ ~ ~ ~ ~ ~ ~ I ,R ' 1 '~ .F ~ 4' '~. ~. ~~ ~?2 i ;• . ~~~ ~ 6 ~!' ~ ~t :# 1 :,- ~.I ~ it ~ ~ ~~ ~°•"~' . 1~' ,~_ - ~ ,,, ' , " =.~`e'' ~, fee ~: - ~ v.'~n ;~ ~ i. ~ • ~ ~ u am. ,' ¢:,- _ ya~ ,, ~ ° '`b"~ r~ .4 ~ Y~ r :y .`-.: ~ 1 i ~ : ~ ~' " ~ ~~ ~9 •9m"' 5 _ -4 ~ _ 4f - - .+ea. - I~ -- Exhibit D _ 6 _ ~F i 1j 1.', 1 li + ~ ~ ~ ~- ; ~ I l `! . 4 ~ i ~ ~ F il Ei ' i~ G ~ { f ~ { 1 r I € ; e t i f v ~ ~ ~ I ~ . ? ~ i ~ ,1 r • May 16, 2008 AZ 07-018 MERIDIAN CITY COUNCIL MEETING May 20, 2008 APPLICANT • Seagle Three, LLC ITEM NO. 6-H REQUEST Development Agreement -Request for Annexation and Zoning of 9.764 acres from RUT to C-C zones for SetN_er's Square Subdivision - 870 West Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: j ~ ~~ ~~ CITY BUILDING DEPT: 1r 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: ~~. ~~Q~~ Date: ~- ~ (~ -~~ Phone: ~ ~ 3 -305 Emailed: Staff Initial Materials presented at public meetings shall become properly of the City of Meridian. ~ f~ ~ ~E ~ ~ ~ ;~~ F 4 ~ _ ' ~ _' 7 4 ~ ~ ~ ~; t ; ~ ~ ~ ~ I t ~~. i- ~ ~ ~. I ~ r f I ) [ i h s ! a ~ ~ ~ [., !. .e E'~ I ' ~ ,~ ~ 1 G i ~ f I ~~~ ~ 1~ ~ ~~ E 1 ~ ~ R 1 ' 48 ADA COUNTY RECORDER J~ MD NAVARRO J _ T AMOUNT .00 8018E IDAHO OW2'?J08 02 ` 1 ~ DEPUTY Bonnie Oberbitflq I,~ I',~'~~~'~'~~~~II~~~~~'~~I~~~~l~~~ RECORDED-REQUEST OF 108059803 Meridian City DEVELOPMENT AGREENICNT PARTIES: 1. City of Meridian 2. Seagle'Three, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this ~~ ~y of 200 by andbetween City of Meridian, amunicipal corporation e Three, I~lLC, whose address is 5999 W. State of the State of Idaho, hereafter called CITY, and Seagl Street, Suite A, Boise, ID 83703, hereinafter called OW~R/DEVELOPER. 1, RECITALS: 1.1 WHEREAS, Owner/Developer is the'sole owner, in law and/or equity, of certain tract of land in the County of Ada< State of Idaho, described ~ Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth. in full, herein afters referred to as the Property; and AS, LC. § 67-6511A, Idaho `Code. Prevides that cities may, by 1.2 ~~ o~~,ce, require or pernrit as a condition of re-zoning that the Owner/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 Otdnnance 11-5B-3, which authorizes development agreements upon the annexation and/or re-zoning of land; aad ~ hcation for annexation 1.4 W]EIEREAS, Owner/Developer has submitted an app . and zoning of the Property's described m Exh~,bit A, and has requested a designation of C-C, Community Business Ihstnct (Niumcipal Code of the City of Meridian); and 1S WHEREAS, Owner/Developer maderepresentations at the public hearings both before the Meridian Planning 8i. Zoning Commission and before the Meridian City Council, as to how the subject property will be developed and what improvements will be made; auad - 1.6 WIaEREAS, r~ord of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Ca~mmission, and sub~uently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received .further testimony and comment; and D~,Op~p AGREEAIRrNT (AZ 07-018) SETTLERS SQUARE ~: ~,j: ~ ' . ~~~ ! ? ~ 1 ~ ~ ~ j ~ ~ ' I1 ~ ~ ~ 1 ...E-. ~~t ~ j ~ ~$~ , ~ ~ ~ C . i ~ ~ ~ ~ ~~ t ~ rl, i T ~ ~, ' ~r t ~ E C ~ ~ y SB: j ? ~` t ~ ~1 ~'. P, ~ ( ~ ~~ r' t E t i ' ( ~ 7 ,~, :j: PAGE 1 OF 4 T E ' '.: ~- { S ~ ~ 1 S ~ +~ ! 1 r ~ . £ ( I ] rt I ~ { i ~ s ~ ~ ~ ~ ~ j ~ r - i k S t 1 t I ~ ~ ~ 1 P 1 a 3 ~ t F V 1 d { i t Y ~ t ~ t ~ i ~~ ~i~ ~ ~ r '' ved certain 1.7 WHEREAS, City Council, the 25s' day of March, 2008, has aPPfO Findings of Fact and Conclusions of Law and Decision and Orderorth Exhibit B, which are attached he reto andedbt ~ (the Findings); and as if set forth in full, hereinafter 1 8 'WHEREAS, the Findings requ~ the `Owner/Developer to enter into a development agr~ment before the City Council takes final action on annexation and zoning designation; and 1.9 O~R/DEVELOPER deem it to be, in their best intermentwas altered enter into this Agreement and aclmowledges that this Agree into voluntarily and at their urging and bequests; and 1.10 WHEREAS, City feq~ the OR-ner/Developer to enter into a development agreement for the purpose of ensuring that the Properly is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing sere ices within the planning jurisdiction and from affected property owners and to ensure re zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2~2, Resolutions No. 02-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. ' NOW, THEREFORE, i° considerati°n of the covenants and conditions set forth h~~, the parties agc+ee as follows: 2. INCOR~RATION OF RECITALS: That the above recitals are contractual aad binding and are incorporated herein as if set forth in full. . ses of this Agredment the following words, terms, and 3, DEFINITIONS: For all purpo rated as herein provided for, phrases herein contained in this section shall be defined and interp unless the clear context of the presentation of the same requ~ms otheranse: 3.1 C17['Y: means and refers to the City o `Meridian, a party to this Agreement, which is a municipal Corteration and government subdivision of the state of Idaho, organized and existing b)- vutue of law of the State of Idaho, whose addlress is 33 East Idaho Avemie, Meridian, Idaho 83642. 3.2 O~'VNER/DEVELOI'F.R: means a'dd refers to Beagle Three, I.Zc, whose address is 5999 W. State Stmt, Suite A, Boise, ID 83703, die party that owns and is developing said Property aad shall include any subsequent owner(s) or developer(s) of the Property. PAGE 2 OF 9 DEVELOPMENT AGRF.E1MiENT (AZ 07-018) SETTLERS SQUARE 1~l1 / ~ ~ ~ ~ ~ ! '~ ~ ~ i ` k ~: ~, ~ ~~ I 1 ~ G :i ~ ~ ~ f i ~; 7 4 I ~ ~ t ~ F a ~~ ~~ ~. ~ ~ " ' g '~ ~ ~ ~ ~ a `~ ~ 1 F ( ~ ~' ~~ ; .1 ~ i G I ~ ~ ; s ~~ i {t; ~ ~ ,t ~ G j,d ~ t .~ 9 I ~ ; i ~ ~ ~ F k ~ !` a i a ?~ ~ 1 ; i I ~ ~ i F ~l x ~ tl ~ t~ [` t' ~ "~ ~ ~ ~ ~' ~ ~ ~ i S; ^ ~ ~ 1 ~ { E F ~? ~~ t ' ~ t Y ,. ~ i ~ s f i f v ~ ~ ? ~ € t ~ ~' ~ i ~ ~ '~ ~ j - ~: ~ f ~ i $ ~~ ~i 3 k ~ t ~ tM ~ CC~ ~' j = I ~ ~ i ~ ~~ ~ ~ ~~ ~ . ~ `_ N ' E ~ . s ~ S E ~a ., i. , ~ ~, s ~. !, ~ S ~ I_ III I !~ ~ I ! 2 ~~ ~r • 3.3 PROPERTY: means and refers to that certain. pazcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned C-C, Community Business District, attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERIVII'I°rED BY TffiS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified, at Meridian Unified Development Code § 11-2B which are herein specified as follows: Preliminary Plat of 19 lots: l2 commercial lobs and 2 common lots in the proposed C-C on 10.18 acres. The pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 07-018 implication. 4.2 Na change in the uses specified in this Agr~ment shall ~ allowed without modification of this Agrcement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. Development of the property shall substantially comply with the commercial elevations and the conceptual site plan submitted with the subject application, as determined by the Planning Director, including the concepts outlined below. - Pedestrian connections shall be constructed between commercial buildings in the form of pathways distinguished from vehiculaz driving surfaces through the use of pavers, colored or scored concrete, or bricks as proposed. - Commercial structures shall be built.' adjacent to roadways with on-site pazking to the reaz and sides of the structures; as proposed (on-street parking is approved). - Building materials (stucco and wood siding, architectural composition shingles, metal awnings and brick veneer accents), azchitectural elements (50%~ glazing on ground level, metal awnings, brick veneer pilasters, and entry way porticos on the lazger scaled buildings). - A minimum of 7 buildings with no one building exceeding 20,000 square feet. The maximum allowable non-residential square footage for this development shall be 108,000 squaze feet. 2. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. DEyELOPMENT AGREEMENT (AZ 07-018) SETTLERS SQUARE PAGE 3 OF 9 I t E 'r ; ~ ~7 k ' ~-~ ~ ~ ~ F d € ~ d ~ ~ : ~ i ~ r FE S f~ ~ E ~ ~ i~1 ' ~ i ~ ~ ~ ~ { 1 ' ~ .t' '~a !: ~ ~ ,.a ~ ~ ~ i ~ ~~ ~~ i 1~ 1 s t ±k ~ t I ~ i` t ~. ~ y ~ ~ j ~~ I( ~ N I j{ i J i. t i ~ ~ ~ ` c ~ I 1 11 ~ 99 1 4- y ~ { P,, ( i ~ {i f ( ~ ~ l `~ ~ ~ 'b' 1 ~ ~ g fi ~ i ~~1 ~ ' ~~ :i ~ ! ~ ~ ~ C ~ ~ ' t~ ) ~ ~ ' I ~ . L ~ ~ g i 1, L F w w c , ; i ~ ~ ~ ~ ~ , ~; ~ I i R F 4 F ~ ~ I k it ~ ,, ~ ? ~ 1 t ~ I ~ t b I y i t ' y I p i~ ~~ ' ~~tt QI t ~ 1 ~ i ~ ' ~ E . II . l~ ~ i ~ E # f & `; 4 ' _ ~j ~ ~ Y 1 ' f ~ ~ ~ ~ f ~ ~ ~ N ~ ': .! ~ .ti ~ ~ ~ 3. The Applicant shall be responsible for all costs ass~iated with sewer and water service installation. ~ 4. The following shall be the allowed uses on 'this properly. Permitted and accessory uses within the C-C zone. All conclitionaUY P~tt~ uses on the subject site shall be subject to CUP review. 5. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. (, 'the pwnerlDeveloper shall be responsible to obtain all C ar~e~ orr to any Compliance (CZC) permit approval from the Planning ep P commercial building construction on the subject property. 7. Except for one public street access to Ustick Road, one public street access to Venable Lane, the stubbing of Cooper Lane to the west and the connection of Buckstone Avenue to the existing residential stub street to the north; no other access points shall be allowed. 8. Construct a 25-foot wide landscape street buffer along Ustick Road and 20-foot wide landscape buffer along Venable Lane. Y F ~,, . ,~ ~ ,.` ~~ ~1 i I ~' ; i }:; 9. Construct a minimum 25-foot wide landscape buffer between all C-C zoned property and residential uses. COMPLIANCE PERIOD/CONSENT TOREZONE=This Agreement and g' and the zoning designation reversed, the commitments contained herein shall be terminated, , s ~ successors, assigns, to upon adefault ofthe pwner/Developer or Owner's/Develo~r comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the daze this Agreement is effective, and after the City has complied with the notices and hearing procaiures as outlined in Idaho Cade § 67-6509, or any subsequent amendments or recadific~tions ther~f. 7, CONSENT TO DE-A1~~EXATION AND RE~~~' OF ZONING DESIGNATION: ' pwner/Developer consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent. to-wit: 7.1 Thatthe City provide written notice of any failure to complywith this Agreement to pwner/Developer and if the Owr-er/Developer fails to cure such failure within six (6) months of such notice. PAGE 4 OF 9 DEVELOPA+lENT AGF~Et~Nr (~~-0l8) SETTLEIts SQUARE l F ~ ~ I n 2 ~ ~ ~ :t ` ~ 1 ij r~ ~ ~ j ~ A ~~ i ~ 1 ~ f ~ ~ { s` ' ~ 1 ;~ y ;~ ) ~ 9 ` { `, 3 ~ ' ~ ~ ' k ~ ~ F ti ; F !. ;.:< ~ ~ ~ + I ~ y :.a ~ ~ I { y ' g. INSPECTION: Owner/Developer shall„immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer; and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in acxardance with the terms and conditions of this Devel~ment Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner'slDeveloper's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply wrath all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or tE:rminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely m 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. REQUII-tE1Vi1NT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, mcluding all of the Exhibits, at Owner'slDeveloper'srnst, and submit prof of such recording to OwnerslDevelopers, prior to the third reading of theMeridianZoningOrdinance inconnectionwiththe re-zoning of the Property by the City Council. ff for any reason after such recordation, the City Council fails to adopt. the ordinance in connection with the annexation and zoning of the Property contemplated. hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, followingrecordation of the duly approvedAgreement, enact a valid and binding ordinance zoning the Propert3!~ as specified herein> 12. REMEDIES: 'This Agreement shall beenforceable in anycourt of competent jurisdiction by either City orOwner/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 Ln the event of a material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- DEVELOPMENT AGREEA~T (AZ tYl-018) SETrLFRS SQUARE PAGE 5 OF 9 4{{ , ~" 4 - Y t ~ ! y ~: .I t i ~ ~ ; ~ 6 4 1 j ~~ , , s C `. + ,~ t u ;x j F I ~ ~ s 3 £ ' ~'~ 1 ~ i ! ~ ~,~~ ~ ~~I~ 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 performal hereunder by either Owner/Devel'oper or City is delayed for causes which are beyond the reasonable control of the gamy responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the tune 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 Alit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure that installation of the improvements, which the Owners/Developers agrees to provide, if required by~the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and DeveloperlOvvner has 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 acxepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developerngree 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 Agteement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desires 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 ortified mail, Postage Prepaid, return receipt requested, addressed as follows: OWNBR/DEVEI:oPER: c% City Engincer Beagle Thee, Ld.C City of Meridian 5999 W. State Stc+eet, Suite A 33 E. Idaho Ave. Boise, ID ;, 83703 Meridian, ID 83642 DEVII.oPMENT AGRE@~NT (AZ Q7-018) S~..ERS SQUARE PAGE 6 OF 9 ~ f ~ I' t` ' ~ ~ ~ ~ ~, ,~ ~ i ' Y'i ~ <, ~ i jf r ~ ~~ G; ~ ~. Z ' i ~ p ~ { ~ F' ~ : E' is ~ ~~~ ! 2 ~ 1 ~~ . ~ ~ y~ , ~ 5 t ~ , ~ k L ' g t ~ 4 F ~ ~~ ~ ` j S i ~ S r ~ ~ i 1 ~ ~ ~~ ~ ~ ~ ~ ~ ~~ ~- ~' ~ Y ~i ~ ~~ 1 j} ~ II .~ ~ '. `p 11 ~ ~ h ~ ' i i ~ `~. H I -. ~ i ~ ~ ~ ~ k { ~ . 1 i ~ i ; ~~~ I ~ ~ S ~' i i ~ ~ ~ ~! f i ~ ~ ~ ~. t '' ~ !, ~ f ~ L' ,: ~ ~ i~ ~ ~ ~ ? y s. I: 1 G' I p ' I I. U i I 's j ~ ~~ i. A. i E ~ ~~ , 4 I, t with copy to: City Clerk .i City of Meridian 33 E. Idaho Avenue 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. 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. TIlVIE IS OF THE ESSENCE; The parties hereto acknowledge and agree that time is strictly of the essence with res~ct to eac)! 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 OwnerlDeveloper of the Property,each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions hexein expressed. City agrees, upon written request of OwnerJDeveloper, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations{~under this Agreement. 20. INVALID PROVISION: ff any provision of this Agreement is held not valid by a court of com~tent 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 4wnerJDeveloper and City relative to the subject matter hereof, and there are no promises, agreements, conditions or DEVELOPMENT AGREEMENT (AZ 07-018) SETTI FdiS SQUARE PAGB 7 OF 9 i I ~~~ { ~s i f ~4 I ~~ ~ FC { '' {F I i g a ! ~ ~ ;a~ 3s ,~.~ ~ ~ f 'r, i ~ `~31 ~i t i ..~ { ~,~. { y ~ ~ ( E ~~ ~ 't ` ~ ~ , ~ r ~ ~ i * ~~' ? r d :~~ i ', ( f ~~ t ~ i ~ ~ ~ p~ ! i ~ F E ~ ~ ~ ` ~r~ . ~ ~ t i . ' ~, ~ x ~ ~ 5 r. E _ ~ ~ ~~ m f ~ ~ N ~` { ~' I yy 1 - i ~~ ~{ ~ , i S is iE ~: ~' ~ i ~ ~ ^ ~~ ~ i J ~ s.. 5 [[ E E iii { ~ ~ ~ ,~ ~ ~l. ,~ y f r ,I ~ F 3~I, f1E ,~: I i r ~ f' ' ~; `~ 5 ' i i ~, ~ 7~ ~ E ~ ~ ~ t ~ . i{ ~ C {' ' ~ 7 a l ~ E ~1 y ~ f r ~ ~ i ~ ` < Q ~ 4 p~p ~ ~ t { ~ ' ~ 7~ ' y T ~ 1 ~ t i ~ ~ _ ~ ~ '4 ~=A' ~ ~ q ` ~ ~ I ~ t_ ~~ ~ ' i. (~ I s . ~ 1~1 Y ~ uy FM; i I ~f; (L ~ t fi ~ ~ J ' t ' a 5: r T ~ { r `~ { ~ ~ f ~S ~ 1 G ~ ^ ~ } ! ~ k i ~ y~~ '} r f t 4 1 ~ ,~ STATE OF IDAHO,) ' ss County of Ada, ) On this _~~ day of 2008, before me, the rsi ed, a Notary Public in and or said State, personally appeared ~~ U ` G(.tn known or identified to me to be the ~ Y 'W of Beagle Three, L~`I,C and the person who signed the above and acknowledg to me that he ex~uted the same on behalf of said corporation. IN VVITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first. abo~e written. i (SEAL) Danielle M. Albertson Notary public State of Idaho STATE OF IDAHO ) ss County of Ada ) Notary Public for Idaho Residing at ~ (? My commission pires: ~~t 3 i+•~ On this Z~ day of rIZ 2008, before me, a Notary Public, personally appeared Tammy de Weerd and aycee Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City; of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (S~-) : ;' ~ '~' ~~ + Notary Public for Idaho ., Residing at L ~ ~ 1D ~,~ ~' ~ Commission expires• 1~l DEVELOPMENT AGREEA~EIVT (AZ lrl-018) SETTLERS SQUARE PAGE 9 OF 9 .z , . ,~ ~ ii i~' ti¢¢¢ s. ~ , £ ~ 1.- # E ~:,.'. { i; $ t ~, ~ i ~: ~ ~ ~ , 4 ~~ [ ~ ~' f i ~, s' [I 4. ~ ~ F E .. i r r i ~- L ~ ~ f f ~~ r ~ ,. ~, .~ ;~ F j i i t 1 r:. ' 1 '~ 1 I ~~1 . ~j~VRI~Y ~ - PARCEL DE$CRII'TION Anguat 2, 2007 i PRO~CT; : Settles Square ., PARCEL NO« 05173.01 A garttel of iaad being a pmtioa ofthe East 1/Z ofthe SW 1/4 afthe SW U4 of Seaton 36, T. 4N, R 1 W., B.M.. Ada Cowtty. Idaho. telet+~cing RO S. No. 7?A4, mo>ti paa4ta~rly described as-fallows; BEGINNING at the fout~ brass cam, (~ second it~rtnnent #103107~~ marlong the souht Y. oasn~ of ~tid Seotiorr36; Thence North 88°44' Od" Wast aoincldent with the south lhee of said Secttan 36, a distance of 665.56 feet; Thence Notch 00°23' 29" F.est, 666A0 Beet b a found S/8" ieb>nd'plastfc'cap L.S.10782; 77ience South 88° 44' 03" Baer, 66017 Seai m the east 1~ of said SW 1/4 of Section 36; Thence Sotrth 00° 26' 38" West ooincide~ with said east Nae of the 3~f/ !/4 of said Secffon 36, a dlsmnce of666:00 feet to the POINT OF BEGINNING. The petrel above deseribed coMlins 10.18 arms tyre or tem. Tom with ate subj~t to covenads, rs a~ rastrita>ons ofrecord or otherwise • tz~w~ P - - a~ BY. : ~ _ -. SEP 142007 aeR ~tiP1lW-N Pt~t3t.~ • «::Jn~RS t~PL ~~ :, I j ~ ~ ~. t~ I N ~ ~ IN' , I ~ ~ z z I ~ I ~ ~ i ~ ~ WF ~ ` ' • t ' ~. ~ ~ F -.1 ~ # #' fY. ~ l I i ', ~ ~21 ~ ~ i ~ ~ ±'~ ~- i 3 ~ ~ I ~ ~ t ~,~ i ~~~ ~ ~ ~ 1 ~ G. ~ I' ~ , ~ i . I f r ^ ~ ~ f ~ t j f ~ jM p~, S ~~ I t ~ 1 '~ v. ~ F, I .,~ ~ ~ ~ F 1 d ~ 1 1~ 1 ~ 44 ~ i f J ~ ! ~ ;. ~ ~ ~ ~ ~ ? ~ @ II I 1 l~ ~ C ~~ 1 7 ~ P_ i' ~ ~: I ~ S S j ~ ( f ~3'' I ~ ~ ~ ~ f-~ ~ ~ - ~ ~I ~ ~ 1 `o~ ~ t ~ ~ ~ ~ °a ~ » I:,~ I ~ ~ -~ ~~ s I - ~ = 1' f 1 I t~ # ~ I j :.7 ~ ~ I I ~ i I ~- ~ ~ i F I ~ ~ f~$ ~ r f; ~~' ~ ~ t ' fi ~ M s E~ x ~ ~ I ~ ~ I ~ F 1 c~ ~ , gP I ~ ~ ! ~ i ~ ' ~r3 l ~ ~ ~~ ~ _ i` 1 ~ ~ ~~ 1 8.. ~ l~~cE~ Mai a o 2ooe City Of Meridian ', City Clerk Office CITY OF MERIDIAN .: ~ . E` : ~' ~~~~~`~. . FINDINGS OF FACT, CONCI,US~IONS ~• . 4F LAW AND ~ ~ Ci~A~W Q ~.. DECISION & ORDER In the Matter of Annexation and 7mning of 10.18 acres from, RUT (Ada County) to C-C (Community Business District); Preliminary Plat of 141ots: 12 commercial lots and 2 common lots in the proposed C-C zoning district; and Alternative Compliance to the standard 10-foot wide landscape buffer adjacent to local streets for the Settlers Square Subdivision, by Seagle Three, LLC. '. Case No(s). AZ=07-018, PP-07t-021, ALT-07-016 , For the City Council Hearing Date of: March 4, 2008 (Continued from February 19, 2008) (Findings on the March 25, 2008 City Connril agenda) ., E A. Fu3dings of Fact ' ~ 1. Hearing Pacts (see attached Staff Report for the hearing date of~February 19, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) . i ., ~ 3. Application and Property Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) ~I B. Conclusions of Law 1.. The City of Meridian shall exercise the powers conferred, upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Merld%an has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted Augtlst 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF M'ERIDIAAI• FINDINGS OF FACT, CONCLUSIONS OF LAw AND DECISION & ORDER CASE NO(S). Az-07=018, PP-07-021, ALT 07-016 -I ~ r i ~ r .C 1 - E r r ~,~ t ° ~ i ~ "n' r _ ~ ~ ~ ~ 4 ~ ~T~ ~~ ~ I , ' ~ , ~ !! 77 ~ : ~ ~ F I G ~.r ` j~ k . ~ 1 ~ ~ .. 1 . ~ ~ ~ ~ 1 1( ~ ~ ~ f ~ `~ i '~ # ~ ~' I ~ ~i ~ . a , r ~, ~~ i ~ , ~ ~ 1 e ~ ~ ~ i ' ~ n?i .~ _ ~ , # ~ f ~~ , ` ~ ~ ~~, s ,~ ~ ~ F ~ ~ r ~~ f I~ ~, ~ ~ ~ ~ , ~ , ~ i,_ ~ ~ i 4 i ~ _ ~.r~ ~, r y y - ti ~ S r ~ 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian~,planning jurisdiction. 5. It is found public facilities aril services >•equired by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 19, 2008 incorporated by reference. The conditions aze concluded to be reasonable and the applicant shall meet such requirements as a conditiot of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which aze herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated November 29, 2007 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval aie as shown in the attached Staff Report for the heating date of February 19, 2008 incorporated by reference. 3. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of February 19, 2008 ,incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a~ prelminary plat, combined preliminary and final plat, or short plat shall become null acrd void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and frnal plat or short plat. In the event that the development of the preliminary plat ~is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and fired by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single CITY OF MERIDIAN FIN~flINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER 'CASE NO(S}. AZ-Q7-01.8, PP-07-A21, A~I,T-07-O16 .2_ , ' j ~' . i.r ~ 'I~ r I ,, I'• 1' f ~::'•. ~ •S 8 .~ ? f ,I `I~ f r ~~ ~ ~' C ,I~ ~ 1 i ~ ' ~~ ~ ~ • extension of time to record the final plat not to .exceed eighteen (1$) months. Additional time extensions up to eighteen (18) manths as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11~•. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go 'through the platti~i>•g pFOCedure again. .~ E. Attached:.Staff Report for the hearing date of February 19, 2008 By act'on of the City Council at its regular meeting held on the day of 2008. COUNCIL MEMBF;R DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BOR'TON VOTED ~1Q0. - COUNCIL MEMBER CHARLIE ROUNTREE VOTED_ !. COUNCIL MEMBER KEITI~I BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIIr BREAKER) •~ ~ Mayor T de Weerd: .~ Attest: Jaycee H an, City•Clerk Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. '. By: Dated: ' '2~`~~ City Clerk's Office k CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CAS)r NO(S). AZ-07-018, PP-07-021, A1.T-09-016 -3- ~ i• ~ ~ A F ~ ~ J ~ ,~C t 1 ~ b ~ ~ 1 , J ~ ~ t, ~ I k I R i E, C. `Y l ~ 5 1 r ~ ~ f i ~ I ~ 1 f~ ~ f x ~ i ~ ~ ' , , t ~ xI f i 4 ~yy ~- ~ r ~ i i j y A , ~ g. f ~~ ~ ~ i I ~ i ~ Y. ~ ; ~ F }g k ` ~~ ~ ! r, d S ~ t' . k ~ i r t , e,: I ~r.~ i F i w ~ f'. ~ i 9 I ~ ~ ~ 9 3 E } ~ i ~ ~ ~ ~ 4 ~ '. 5 , ~ k t i i it _: r i 3 h k I ~~ ~ 'i i i ) 4 . ~. d ~ z I~ f ~ d i , _ ~ ~ c , r }b ~ } ~ ~ ~ i ~, ~~` ~ ~ ~ !~ 3 ~ ~ ~ g ~~ ' ~ ~ ~ EE 4 ' '~ ! .~ 1 1 ' ~ 4 ~ 1 ~ t ~ I I . 1 ~ ', ~ r; . ` ~ , , ., .' CITY OF MERIDIAN PLANNING DEPA ENT STAFF REPORT FOR THEE FFEARING DA~OF FEBRUARY 19, 2008 STAFF REPORT ~ I . ~~ Hearing Date: Feb ~ 19 2008 ~• • • ~~~~~'~ (Con itinued to Maroh 4, 2008) ~~ ~ ~ A H ~ " TO: Mayor and City Council • FROM: Bi11 Parsons, Associate City Planner 208-884-5533 SUBJECT: Settlers Square • AZ-07-018 Annexation and Zoning of 10.18 acres from RUT (Ada County) to C-C (Community Business District) •, • PP-07-021 , Preliminary Plat of 14 lots: 12 conunerci~•1 lots and 2 common lots in the proposed C-C zoning district. • ALT-07-016 Alternative compliance to the standard 10-foot wide landscape buffer adjacent to local streets (UDC 1 I-ZB-3) 1. SUMMARY DESCRIPTION OP APPLICANT'S REQUEST The applicant, Seagle Three, LLC, has applied for Annexation and Zoning of 10.18 acres from RUT (Ada County) to C-C (Community Business District}; preliminary plat approval of 14 lots consisting of 12 commercial lots and 2 common lots; and alternative compliance to allow for 5-foot wide buffers with 5 foot detached stamped decorative concrete sidewalks adjacent to the; proposed public s>zreet~ (Buckstone Avenue and Cooper Lane) and two common lot center medians to serve as the required landscape buffer for the southern portion of Buckstone Avenue, in lieu of the star .lord 10-foot wide landscape buffer required by UDC 11-2B-3. The Applicant has submitted a conceptual site plan of how this site maybe developed with a mix of retail, boutiques, personal service shops, office uses, financial institutions, restaurants and a daycare center. The square footages of the buildings are expected to range in size between;3,720 and 15,140 square feet. Total square footage at build out is estimated at 90,000 square feet. On the submitted plat, the Applicant has depicted two public streets (Buckstone Avenue and Cooper Lane) that will provide access and interconnectivity for the proposed development. The public streets ae to provide north-south access to Ustick Road and the residences to north, and east west access to Venable Lane through the development and to the currently underdeveloped property to the west. • The subject property is located at the northwest corner of W. Ustick Road and N. Venable Lane in Section 3.6, Township 4 North, Range 1 West, B.M. Currently, the site is vacant land with an existing home and two outbuildings which the applicant is proposing to remove to make way for the proposed commercial development. The subject property is within the City's Area of Bnpact and Urban Service Planning Area and is. contiguous to the current city limits. • 2. SUIVIlVIARY RECOIV~MENDATION The subject Annexation and Zoning (AZ), Preliminary Plat (PP) grid Alternative Conjpliance (ALT) applications were submlitted to the Planning Department far concurrent review. By City Ordinance, the Planning & Zoning Conunission makes ra;ommendation to the City Council on the AZ and PP Settlers Square AZ-fl7-018 / PP-07-024 /ALT 0~-016 ~ ~` '~ ~i ' eE- I '~ ` t i i ~ r y, ~ [ ~` j ~f; ~ a , E bl~ ~' ~ ~ ~ ~ ~ :? ' ~ ~~~ ! ~ 7 ~ ~ ~ ~ <' 1 I: ~ I a ~ i ~ ! ~ . ~ '~~~111 a _`_ { i ~~~ f ~ ~" [ 3 , j} r ~ p i ~ k I r ~ ~~ L ~ a i7i} ~ y ~ k I ~ ~ `. r 1~ ~ i {rf ~ ttt ~~y. t. I I ~ p } ~.~~ ~ ~ ~ . . ~. PAGEI CITY OF M£RI!DLAN PLANN-LNG DEPAENT STA>rF REPORT FOR THE HEARING DA~OF FEBRUARY 19 2Q08 applications, and the ALT application is reviewed at the Staff level. Staff recommends approval of Settlers Square Subdivision (A2r07-018/FP-07-024/ALT-07-011~; as presented in the Staff Repast for the hearing date of December 6, 2007, subject to the Findings of Fact listed in Exhibit D and subject to the conditions of approval listed in E•:thibit B. t request. a. Summary of Commission Public Hearina• i. I~n favor: Alan Christy (Aaalicant's Rearesentative) ii. In oaaosition: None in. Commenting: David Rudeen iv. Written testimony: None v. Staff aresentinl* aaalication•: BiU Parsons vi. Other staff commenting on aaalications None ;~ b. Kev.Issue(s) of Discussion by Commission• j, The architectural design of the buildings as it relates to the Cedar Sarines commercial develoament east of the site 1`1. The alignment of Bucicstone Avenue with the access in Crflssfield Subdivision. c. Kev Commission. Change(s) to Staff Recommendation~• ~ None _ d. Outstanding Issue(s). for Citv Council• i. None ~~ e items were on the M ridian 'tv o ~n :1 a nda for Febrna'rv 19 and ltisareh d 2t1AA s* tl.a March 4ei ~nublic hearing the ('o ~n :1 annroved .h snhiect 7, and PP reane~ ,~ • g ummarv of itv n..n .:1 pnbllc Aosrlin - 1~, in favor: AI n _hristy (Ann i Antes R >resentativel ~ In onnosition• Nne~ • iii. Commentansr_ Non (may ~ ritten teAtimonv: None ~+ taff presenting aonlication: nna . arming Y~1•, ther staff co m nNn n_n ana ication: `Noe Kev Issnes of Di ...c~ion 6v Cnun il~ l ~ •~ ~ ev onnc'1 ha ¢ . to taffl o mission R _om ndation L OI~ 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Nuu3bers AZ- 07-O1$and PP-07-024 as presented in the Staff report for the hearing date of February 19, 2008, with the following modifications to the proposed development agreement and/or conditions of approval: (add any proposed modifications.) , Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07- 018 and PP-07024 as presented during the public hearing on Febraary 19, 2008, for the following reasons: (you shorild state specific reasons for denial of the AZ and PP requests.) Continuance Settlers Square -AZ-07-0.18 / PP-U7-024 !ALT-07'-016 i ~~ ~~ i '. PAGE 2 ~:'•' i' ;~i ~, fi ,' ` 1 ,+ i ~~ 7 3 ~..... . i ~ ,, '1 A: _: ' ~~ ?, '. ~ E !~ 1: 7 ~'' ' i +; G t. 'i' ~~ •i ~ , +~ F ` ~ 5' ~f ~~ F ti u CITY OF M ERI:DIAN PL• A1~FN~ING DEPAR~EiVT STAFF REPORT FOR TH•E HEARING DAT~F FEBRUARY 19, 200$ .~ After considering all Staff, Applicant and public testimony,, I move to continue File Numbers AZ-07-018 and PP-07-024 to the hearing date of (insert continued hearing date here) for the fallowing reason(s): (you shou~id state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: NWC of Ustick Road and Venable Lane, Section 36, Township 4 North, Range 1 West b. Property Owners of Record: Seagle Three, LLC 5999 W. State Street, Suite A Boise, Idaho 83703 c. Applicant: Saone as above d. Representative: Barbara Mason and Alan Christy, Treasure Valley Engineers e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Future Laud Use Designation Mixed Use Con3munity g. Description of Apphcant's Request: The Applicant is requesting annexation and zoning, preliminary plat approval for 12 commercial and 2 common lots on approximately 10.18 acres, and alten~ative compliance for the ten foot wide landscape requirement adjacent to local roads. h. Applicant's StatemenllJustification (see Applicant's application and letter): Settlers Square Subdivision is intender to be a gathering place providingpedestrian-friendly neighborhood commercial services. Settlers Square Subdivision when fully developed will contain a mix of retail stores, financial services, restaurants, offices and a daycare center. The project will tie together through common architectural building design, landscaping, street fixtures, architectural highlights, and' pathways. On-street parking l'as been incorporated into the design for added pedestrian convenience and promotes a casual neighborhood atmosphere. Central to the development is the creation of a "sense of place." The commercial center's nux of tenants is intended to compliment the lifestyles of the surrounding~~neighborhoods and support recreational activities associated with the newly completed Settlers Park. The entire project is intended to compliment the neighborhood, provide a local gathering place and a quality professional atmosphere for businesses to succeed. S. PROCESS FACTS a. The subject application will in fact constitute an Annexation as determined by City Ordinance. By reason of the provisions of the Unified Development Code, Title 11 Chapter 5, a public hearing is required before the Planning 8t Zoning Commission and City Council on this matter. b. The subject application will in fact constitute a Preluninary Plat as determined by City Ordinance. By reason of the provisions of the Unified Development Code, Title 11, Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. c. The subject application will in fact constitute an Alternative Compliance review as determined lry City Ordinance. By reasons of the provisions of the Unified Development Code; Title 11, Chapter 5, a public hearing is not required on this matter. , Settlers Square -AZ-07-0.18 / PP-07-424 /ALT-071016 if ; ; f 1 ~- ' l ~ ~ ~!' ~4 S~ ~~Y% ` i ; G i d ~ ~ I a ~: ~~ I Ff~I 91IJ!! ~IIII PAGE3 R x: Y y fi C ~~ ~~ ~~ ~~ . ~• t e i I. 7 5 4 y I ~ d S ` ~ 1 ~, ~ f ~ t ff I y °~ ,r i ' CITY OF M~RI~DIAN PLANNING DEPAENT STAfF REPORT FOR THE NEARING A~OF F I _, D EBRUARY 9, 2008 I d. Newspaper notifications published on: November 19, 20Q7 and December 3, 2007 (Planning & Zoning Commission); January 28.2008 and February 11.2008 (Gifu Council) e. Radius notices mailed to properties within 300 feet on: November 9, 2007 (Planning & Zoning Commission); January 25.2008 (Gifu C~ ouncill f. Applicant posted notice on site by: November 26, 2007 (Planning & Zoning Commission); February 9.2008 (Clri Conndl). ~j 6. LAND USE a. Existing Land Use{s): There is an existing home and two ~outbttildings located on the site. These structures should be removed prior to the City's Engineer signature on the final plat. b. Description of Character of Surrounding Area: The subject site is surrounded by residential subdivisions located on the north and south sides of the p ~oposed development. A commercial development is located east of the subject site with ages/convenience store and a mix of office uses. c. Adjacent Land Use and Zoning: 1. North: Single-family Residential, Woodburn Subdivision; zoned R-8 2. South: Single-family Residential, Crossfield Subdivision No. 4; zoned R-8 3.. West: Single family Residence; zoned RUT (Ada County) 4. East: Cedar Springs Commercial Subdivision; zoned~`C N d. Ilistory of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Location of sewer: W Ustick Rd and W Woodpine St Location of water: ATorth Venable LN, W Ustick Rd and W Woodpine St Issues or concerns: None ' 2. Vegetation: There aze existing Cottonwood trees on the site that the applicant is proposing to remove. Contact the City's Arborist, Elroy Huff at 888-3579, to discuss a tree rnitigation/protection plan. ~ 3. Flood plain: NIA 4. Canals/Ditches Irrigation: N/A 5. Hazards: N/A b. Proposed Zoning: C-C 7. Size of Property: 10.18 acres f. Landscaping: 1. Width of street buffer(s): A 25-foot wide landscape buffer is required on Ustick Road, an arterial street, and a 20-foot wide landscape buffer is required along Venable Lane, a collector street. Furthermore, UDC 11-2B-3 requires a ;minimum 10-foot wide landscape buffer along local commercial streets. The applicant has requested alternative compliance for this section of the code to allow for 5-foot wide buffers with detached 5-foot wide concrete paver sidewalks. Additional landscaping will.,be provided for with two center medians dedicated as common lots (Alternative Compliance analysis is provided u- Section 10 below). 2. Width of buffers between land uses: A 25-foot wide land use buffer is required between G Settlers Square -AZ~07-018 / PP-0?-024 /ALT-07-016 ~~ PAGE 4 •° ~ fig{ °. ~ ~ e: 4 ~ i~i. , I ,e .~ • i ` ~ i . ~ :~ , ~3 a y K?'if :f: ~ ~$ : , l} i.. 's•i •.I ~ i~Y ~ ~~ ' ' y , ,} x ,. ~ i ,2, ~ i . ~ ii ~ ~ i, ,~ 1 ~ j .. t, . ~~ i, `a ~ ~~4 .t ~N.~ '~ s ?; nE; ' ai: i is ~ :i + ~Si 'x ~~ a ~` 5. t ~ # ~ 7 tj 3 E Ye ~ ; 1A 4 1.2 `i !} ji + f z r ~ --- , ^, s t ! ~ i i ~~;1 , ~ ~ . ~ `; I ' ,~ { ~ ~ ~; , 7 ~ ' ~ F r ~ ~ h I I ~ t r ' , ' I ~ ~ j. a 'i ~ ~~ ~ y- i CITY OF MERIDIAN PLANNING UEPA ENT STAFF REPORT FOR TWE HEARING DA'1'1~OF FEBRUARY l9, 2008 C zoned properties and residentia•1 properties. There are residential properties to the north and west of the subject site. 3. PercEntage of landscaped area: 2l % of the site is proposed to be landscaped. 4. Other landscaping standazds: UDC 11-3•B-8 and UDC 11-3B-12 require landscaping within and around parking lots. The landscaping standards for parking lots will be applied as part of the issuance of a Certificate of Zoning Compliance pernut. (see Exhibit B, Development Agreement Provisions and Conditions of Approval). g. Off-Street Parking: One off-street parking space is required for every 500 square feet of gross floor azea in commercial districts, per UDC 11-3C-6B. h. Required Dimensional Standazds for the C-C zoning district: C-C Dimensional Standards Front setback: 0 Rear setback: 0 Interior side setback: 0 '~ Maximum building height: 50 feet Maximum building size without design review approval: •60,000 square feet i. Subdivision Plat Information: 1. Residential Lots: 2. Non-residential Lots: 12 3. Total Building Lots: 12 4. Common Lots: 2 5. Other Lots: NIA 6. Total Lots: 14 y. Summary o€ Proposed Streets and/or Access: The preliminary plat shows two full-access public streets into the development. The public street that Tins north=south (Buckstone Avenue located 330 feet west of Venable) provides access to Ustick Road and connectivity to the adjacent residential subdivision to the north. The public street that runs east-west (Cooper Lane) provides access to Venable Lane, aligns with the existing roadway to the east in Cedar Springs and stubs along the western boundary for future connectivity. ACI•lD has conditioned the applicant to construct the northern portion of Buckstone Avenue as a 29-foot street section, however, if Lots 1-b of the proposed plat are consolidated on the final plat, the applicant will have to provide across-access easement to connect the southern portion of Buckstone Avenue with tYte stub street in the Woodburn Subdivision to the north. See ACRD conditions in Exhibit B. 7. COlYIiVIENTS MEETING On November 16, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian dire Department, Meridian Public Works Department, sanitary Services, Meridian Parks Department and Meridian Police Department. All of the received comments have been included within this report (Exhibit B}. 8. COMPREHENSIVE PLAN POLICIES AND GOALS Settlers Square-AZ-07-018 / PP-07-024 /ALT-07-U1~6 PAGES i ~.x t ~ 3F a f y .s • ~ ti ~ ~~ ~~ '~ it ~ i 1. '. ~ ,. .ti ~~7 •~ ..iii}}} .~ 4: ~.4'..~ ...~r i'{ y a.. ~`.~ ~~ ~ ~a;.# F~ t~~ ~ . ~ • : yy ~ v' {I ` . ~ . ^~ I ~ .a a : c 9 :,4': ~. __ 3~~'~ iP j' '~ .~.. ~_ . ~, l r:. , ~. .I. i •~ ~ ~ ~.' 'q~.. ~ f ~~' ff i ~ is ; ~-~ ~ <_: . ; . i, ` ~~ k:- l :,: `s k ; ~, ~ ~ ~1: • ~;~ f ~;: i ~ : : ~y. . i ~ ~ 9 i jj S ~ _i; i i i' 3 E G, t k. III a 1 r E1 CITY OF M•ERI•DIAN PLANNING DE•PAR'T'7vTENT STAFF REPORT FOR TM~E HEARING DAT~F FEBRUARY P9, 2008 This property is currently designated "Mixed Use - Commuriity" (MU•C) with a Neighborhood Center (N.C.} overlay on the CoTrlprehensive Plan Future Land Use Map. Neighborhood Centers are anticipated to provide a blend of high-density residential, small-scale commercial, entertainment, office and open space uses that are geared to serve all residents within a one to two square mile area. The purpose of these centers is to create a centralized, pedestrian-oriented, identifiable and day-t~o-day service oriented focal point for neighborhood districts. •i The Comprehensive Plan also defines the mixed use designation as an area that is situated in highly visible or trtnsitioning parts of the City where innovative and flexible design opportunities are encouraged. The Mixed Use -Community designation allows residential density between 3 and 15 dwelling units per acre, up to 200,000 square feet of non-residential building area, and is intended to a-11ow a broad range of uses. The proposed development is intended to develop with a mix of retail, boutiques, personal service shops, restaurants, office uses (professional and medical), financial institutions and a daycare center. These types of uses will provide services for the surrounding'residential neighborhoods. The applicant has designed the proposed development to be pedestrian oriented. Incorporated in the site design are decorative stamped concrete sidewalks connecting each building in the development and areas are provided for outdoor seating. The proposed development will also provide vehicular and pedestrian connectivity to the residential sr~bdivision to the north and the commercial development to the east. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): , When the City established its Area of City hnpact, it planned to provide City services to the subj.~t property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: , • Sanitary sewer and water service wil'1 be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed, the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. , • The subject lands currently lie .within the jurisdiction of the Ada County Sheri,Jj"s Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada Cou-rty ~ghway District (ACFID). This service will not change. • The subject lands are currently serviced by the Meridian School District #Z. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Bidlfng Services, and Sanitary Services Company. . • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) ; Settlers Square -AZ-07-018 / PP-07-024 /ALT-U7-0~16 PAG> 6 CITY OF M~ERI,DIAN PLANIV'1NG DEPAftT~IENT STAFF REPORT FOR THEE HEARING DA~F FEBRUARY 19, 2008 On the submitted concept plan, the Applicant is proposing onefull-access public street to Ustick Road (arterial) and another full access public street onto i/enable Lane (collector). Both public streets provide access and inter-connectivity to the commercial development and adjacent properties. City Sta, fJ''and ACHD Staff are supportive of the proposed access points. No direct dot access to Ustick Road and McMillan Road was proposed, and none is approved with these applications. • "Require appropriate landscape and street buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)" (chapter VII, Goal N, Objective D, Action item 4) Ustick Road is designated as an arterial roadway and lrenable Lane is classified as a collector roadway. By City Ordinance, a 2S foot wide ldn.,dscape buffer is required adjacent to Ustick Road and a 2.0-foot wide landscape bu, fj'er is required along Venable Lane. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The subject site will be responsible for installing and maintaining the appropriate landscape buffers, parking lot landscaping and streetscape landscaping at the time said parcel is developed. • ".Permit new ... conunercial development only where urlian services can be reasonably provides at the tune of final approval and development is contiguous to the City." (Chapter N, Goal I, Obj. A, #6) This parcel is contiguous to the city. Sanitary sewer and water are available to this parcel. • "Plan for a variety of commercial and retail opportunities •within the Impact Area." (Chapter VII, Goal 1, Objective B) • Staff believes the proposed mix of retail, ofJ~ce (professional and medical), daycare center, restaurants, and f nancial services will, in fact, contribute. to the variety of services located within the area and will complement the existing residential developments. • Chapter VII, Page 103 -Mixed Use Community Standards - Up to 25 acres is permitted for non-residential uses; up to 200,000 square feet of non-residential building area; residential densities of 3-to 1 S units/acre. As part of PP and AZ applicatdorrs, the applicant is proposing approximately 10 acres for non-residential uses. The proposed commercial development is proposing non-residential building sizes between 3, 720 and' 15,140 square feet. None of these buildings are expected to exceed 20, 000- square feet and at build out the projected'.is estimated to total 90, 000 square feet. As mentioned above, the applicant is proposing a wide variety ojnon-residential uses. Staff is supportive of the mixed commercial uses and fonds the proposed development to be in substantial compliance with the City's Comprehensive Plan. • Mixed Use standards, pages 102 and 103, Chapter VII: , i Purpose Statement: The purpose of the MU designation on the Future Land Use Map is to identify key areas which are either infill in nature 'or situated in highly visible or Settlers Square-AZ-07-018 / PP-09-tf24 /ALT-07-0~1~6 PAGE 7 ~ ~ ~ ~ F~ i ~, i E ~ ~3- ~ ~ i ~. ~ ~ ' I a ~ 7 t ; ~ f i tl ~ 4 ~s, ~ t ~ ~ 'f~~ ~ ` , ~ ! ~ ~ ~ r, r ' fi ~ ~~' ~ r ~ ~ ~ t ~ ~ z a ~ } itf ~ + K j n ~; ~ ~ ~ ~~ . . i , ~ i r w~ 6 t ~ ~ ~, '~ ~ -{ t ~ ~ ~ `} ~a , ~ w i ~~ ~ j ~. ~ '. ' ~ ~ ' a 2 T~ , ~ ~ 1 ; ; i ~ ~ ;F t, ~ f E ~~, ,~ ~ ~ ~ ~f j k ~~ ~ ~~ ~ f ~ ~ ;~ ~t F: ~ ~ u ~ ~ , 3t# ~ i ~ ,fir ~ ~ j n ~ S j 1 s ~ h}{ a, ~ +. ,z Vic' ~ 1 ~ ~ I . , ~ ~ 1 ~ j f$~ 1 E st ~, ~ .i 91 :I jj If F 1 5.1 ~~ 1'. YY E I f fi` n MER{tD1AN PL• ANNI=1VG DEPAR'i N-4€N''T' STAFF REPORT FOR TFi~E HEARING DAT~ FEBRUARY i9, 2008 CITY OF ~ transitioning areas of the city where innovative and flexible design opportunities are encouraged. The highly visible location of this property, at the corner of Ustick Road and Venable Lane makes it a good candidate for a quality muted use neighborhood development. Fifth Bullet, bottom of page 102: Where the project is d;`veloped adjacent to low or medium density r-esidenrial uses, a transitional use is encouraged. •~ Staff believes that the proposed development will be compatible with the surrounding residential properties. The submitted concept plan indicates office buildings and a daycare center are ,proposed adjacent to the residential subdivision to the north. A single family home is also located west of the development. 0,,~'ece usgs and daycare centers are typically transitional uses adjacent to residences. In addition ,city code requires a 25 foot wide landscape buffer when commercial uses are adjacent to. residential uses. The applicant will be responsible for instalCcng a 25 foot wide landscape buffer at the time of CUP and/or CZC approval for buildings located adjacent to the northern and western property boundaries. Sixth Bullet, top of page 103: A mixed use project shall include a principal use (retail, office, professional or residential) and at least one other type of land use. Exceptions may be granted from smaller site on a case-by-case basis. • Sta,~J''is supportive of the mix of retaiUcommercial, office uses and personal and professional services proposed for this site. Although the applicant is not proposing a residential component with this development, staff believes the development will provide essential services to the residents of the area, thus meeting the intent oja mixed use development. Eighth Bullet, top of page 103: A•Il mixed use projects sha•Il be directly accessible to neighborhoods within.the section by both vehicles and p~estrians. The conceptual plan provided by the Applicant shows excellent connectivity between the residences and businesses as well as from the a~ acent sidewalks on the streets. Sta,~`' recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 9. itN1GFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and conditional uses in the C-C zoning district. The site is~intended to develop with office uses, boutiques, restaurants and retail stores which are fisted as principally permitted uses in the C-C district. The submitted concept plan also indicates a daycare center and drive through establrsYunents which require CUP approval in the C-C zoning district. There is a maximum • building size in the C-C district of 60,000 square feet before administrative design review is required. b. Purpose Statement of Zoning District: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accozxunodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS Settlers Square -AZ-07-0.18 / PP-07-024 /ALT-07-016 PAGE 8 Al~FN1NG DEPARTT STAFF REPORT FOR TH•E lf_EARING DAT~FESRUARY 19, 2U08 CITY OF MERIDIAN PL a. Analysis of-Facts Leading to Staff Recommendation: AZ Applicabton: The applicant is proposing a C-C zoning designation, which is generally consistent with the proposed Mixed Use - Community Map designation for, this site. Approval of the subject annexation and zoning request would allow the Applicant `to obtain commercial (C-C) zoning designation for the subject property. The Applicant has submitted a preliminary plat, a conceptual development plan and building elevations showing how tliis site may develop with a mix of 1•imited retaiUoffice uses, drive through businesses and a daycare center. According to UDC 11- 2B-1 and UDC 11-2B-2, some of the uses proposed for Phis site, retail stores, professional offices, restaurants, and financial institutions are permitted uses in the proposed C-C district. However, daycare centers and drive through establishments require CUP approval. As stated eazlier, the applicant is not proposing a residential component with this development; however, staff believes that there is sufficient residential development in the area to support the proposed non residential uses proposed. The applicant has indicated in the narrative that the development is intended to be a local gathering place providing pedestrian friendly neighborhood commercial services. Based on the policies and goals contained is the Comprehensive Plan and the proposed Future Land Use Map designation of Nfixed Use -Community for this property, Staff believes that the requested C-C zoning district is appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and frttdings for an annexation. • The annexation and zoning legal description prepared by Robert Gr. Hinckley, PLS, dated August 8, 2007 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. Development Agreement (DA): UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council with the authority to require a property owner to enter into a DA with the City of Meridian that may require some written commitment for all future uses. Due to the location of this development, adjacent to residential development and along a major roadway, and the proposed mix of commercial uses, Staff believes that a DA is necessary in this instance. If the Commission or Council believe that additional or different DA provisions then are provided herein are necessary to ensure that this property is developed•in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties, Staff recommends a clear outline of the commitments of the developer be made. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the ti3ne of annexation ordinance adoption), and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. The DA shall incorporate, at a minimum, the provisions listed in Exhibit B of the Staff Report and be approved by the Council within 6 months. Concept Pian: The Applicant has submitted a concept plan demonstrating how the site is to most likely develop. The concept plan shows 10 officelretail buildings and one daycare building located in the northeast corner of the development. Tie square footages for the buildings aze expected to range between 3,720 and 15,140 square feet., The applicant has indicated- is the application that cumulative square footages for the commercial site is not to exceed 90,.000 square feet which is well below 200,000 square feet allowed for commercial uses within the Mixed-Use Community designation. Staff is limiting the development to not exceed 108,000 total square feet of non-residential uses on the site (90,000 total square feet X 20% allowance). Further, staff is Settlers Square -AZ-07-a18 / PP-U7-024 /ALT-07016 PAGE 9 ,~ CfTY O~ MEItIDlAN PLANK°ING DEPAI€NT STAFF REPORT FOR TH€ HEAR4NG DA~F F€13RUARY F9, 2008 ~` reconu~nending that no one building exceed 20,000 squaze~~feet. AU commercial buildings will require future CZC approval. 1 The concept plan also illustrates the pedestrian feel of the development by providing outdoor seating areas for future patrons and the proposed buildings are tied together with decorative concrete pathways providing excellent pedestrian connectivity. Some of the required parking is also located adjacent to wide pedestrian corridors lined with trees that add to the pedestrian ambiance of the development. Staff is supportive of the conceptual site design for this parcel and the proposed uses within the developtent. 4. Building Elevations: The applicant has submitted a conceptual streetscape for the proposed development. The conceptual streetscape reflects three different buildings with similar architectural eletnents and accents. Each farrade of the buildings show substantial glazing with brick accented pilasters and metal canopies to provide shade• and sitting areas for future patrons. Another elevation details some of the architecture incorpoadng flat and pitched roofs into the design with building materials varying from woad lap siding and stucco with brick veneer pilasters adding articulagon to the facade of the building.. The largest of the three buildings sti•11 uses the same building materials but features a substantial portico scaled to the size of the building and constructed with the same materials as the building. Staff believes the massing and scale of the proposed buildings is appropriate to a development of this size. Staff is supportive of theses building elevations and building materials. •~ PP Application: i bimensional Standards: There aze no minimum setbacks, lot size, or street frontage requirements far lots in the C-C zone. The maximum building height allowed in the C-C zone is 50 feet and the maxiFnum building size allowed without design standard approval is 60,000 square feet. Future buildings proposed on the subject lots shall meet the minimum dimensional standards Iisted in iJDC 11-2B-3 and #6h above. I Access: The preliminary plat shows two ful•1-access public sheets into the development. The public street that runs north-south (Buckstone Avenue, located 330 feet west of Venable) • provides access to Ustick Road and connectivity to the adjacent residential subdivision to the north. The public street that runs east-west (Cooper Lane) provides access to Venable Lane, aligns with the existing commercial development to the east 'and stubs along the western boundazy for future connectivity. ; • 1 A revised plat has been submitted to Staffs after the applicant received ACRD comments. ACID has conditioned the applicant to construct the northern portion of Buckstane Avenue as a 29 foot street section. However, if Lots 1-6 of the proposed plat aze consolidated, the applicant wil•1 have to provide across-access easement in.lieu of the public street section to connect the existing Buckstone Avenue to Cooper Lane. The revised preliminary plat still shows a 29 foot street section; however the applicant is proposing if Lots 1-3 of Block 3 and/or Lots 1-3 of Block 4 are consolidated, a public street wr-ti strl•1 be required from Venable Lane to stub to the property to the west. Further, a vehicular connection from the existing Bucks Torre Place to the north to Cooper Lane should be provided. Except for the accesses mentioned above, a note shall be placed on the final plat prohibiting direct lot access to Ustick Road and Venable Lane. Because the concept plan shows shared access points, across-access easement/agr~eement shall be recorded for all commercial lots within the subdivision to use the drive-aisles and said easement shall be noted on the final plat. ~~ ,` Landscaping: The total landscape area for• the site is 21 percent which is considerably more than the 10 percent open space the UDC requires for residential sub'~divisions of equal size. The intent Settlers Square -AZ-t}7-Ol $ / PP=07-024 /ALT a9-016 ~ AAGE i 0 CITY OF MER!°DIA•N PLANNING DEP~iR?fMENT STAFF REPORT FOR THE,H£ARFNG DA~OF FEBRUARY i9 2008 of this request is to create a pedestrian friendly environment; and complement the surrounding residential corrununities. Staff finds the applicant has provided an abundance of landscaping on the site. ' Street Buffers: IJstick Road is designated as an arterial roadway and Venable Lane is classified as a collector. The UDC requires 25-foot wide landscape buffers adjacent to arterial roadways and a 20-foot wide buffer adjacent to collector streets (UDC Table 11-2B-3). On the landscaping plan the applicant is showing a 20 foot landscape buffer adjacent to Venable Lane and 25 foot landscape buffer along Ustick Road. ' Alternative Compliance: LIDC Table 11-2B-3 requires a 10-foot wide landscape buffer along local/commercial streets. The applicant has requested alternative compliance to reduce the required 10 foot landscape buffer to 5 feet. The applicant is proposing to bring the buildings near the sidewalk and have on-street pazking. The UDC required landscape buffer does not accommodate this design. In lieu of the 1 U foot wide landscape buffer, the applicant has provided S foot perimeter landscaping with a minimum detached S-foot wide decorative stamped concrete sidewalks adjacent to Buckstone Avenue and Cooper Lane (there are several areas where the stamped concrete sidewalk is 10 or 12=feet wide). In addition; the applicant is proposing two center medians located in the southern portion of Buckstone Avenue. The center medians are located along the southern portion of Buckstone Avenue but do not meet the minimum 8 foot width required per city code. Staff is supportive of the applicant's alternative wmpliance request but the applicant should revise the landscaping pi'an to depict a minimum eight fiiot wide center medana, measured inside of curbs, prior submittal for the fwal plat. In Lieu of the 10 foot wide landscape buffers along streets, staff supports and approves ALT-07-=016 associated with the findings in Exhibit D. Existing Trees: There are 8 existing Cottonwood trees or3 this site. The applicant states they are to be removed during constructioia. Any existing tree on=site tree over 4" in caliper that are removed from the .property shal'1 be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that aze removed. The Applicant has indicated on the submitted landscape plan that the trees are to be evaluated by Elroy Huff at the Meridian Parks Department, for any mitigation is that may be required. Land Use Buffers: If the subject annexation and zoning application is approved, conunercially-zoned property will be adjacent to existing and proposed residential properties to the north and west. To buffer the existing and proposed residential land uses to the worth and west from future commercial (C•C) uses on this site, a rninimuEn 25-foot wide landscape buffer should be installed (UDC Table 11-2B-3). The st~bnaitted landscape plan indicates a 25-foot wide landscape buffer adjacent to the residential subdivision to the north and a 20-foot buffer along the western property boundary. The applicant is to provide any additional S feet of landscaping (2S-feet total) to the west property and construct materials in accordance with UDC 11-3B- 9. Internal Landscaping: The submitted landscape plan shows landscaping within the parking tots. The proposed parking areas meet the current landscaping requirements. It is important to note: all internal and pazking lot landscaping will be reviewed with aCUP/CZC application. l~xisting Structures: The site currently contains an existing single family home with associated outbui~ld"ings. The subntted plans indicate all existing buildings are to be removed to make way for the proposed commercial developme~at. Prior to the City Engineer's signature of the final plat, all existing buildings on Ibis site shall be removed. Settlers Square-AZ-07-018 / PP-07-0241 ALT-07-01'6 PAGE f ! ' CITY OF MERlD1AN PLANaV•1dVG DEPAIFENT STAFF REPORT FOR THE HEARING DAT~F FE9RUARY 19, 2Q08 Fencing: The Applicant is not proposi~nglshowing any new fencing on any of the submitted plans. Permanent fencing is not required. However, if permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit for this site. During the public hearing, the applicant steal{ verify if permanent fencing is proposed for the development. i Pressure Irrigation: The City of Meridian requires th ~t pressurized irrigation systems be supplied •by a year-round source of water. The Applicant should be required to utilize any existing surface or well water for the primary source. I.f a surface or~weU source is not available, asingle- point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the comrrlon areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. E Staff recommends approval of Settlers Square (AZ-07-018/PP 07 024/ALT-07-O1~, as presented in the StaffReport for the hearing date of December 6; 2007, subject to the Findings of Fact listed in Exhibit D and subject to the conditions of approval';listed in Exhibit B. The. Meridian The Merid an Gity CoLncil h and these items en Msrch 4 2008 (•con 'nL~d from Febrt!arv 19) At • e LbLic hen 'nu the GeLncil aonroved the sLbiect 7, snd PP realest. • 1.1. EXHIBITS A. Drawings 1. Vicuuty Map 2. Preliminary Plat (dated:l\Tovember 29, 2007) 3. Landscape Plan (dated: September 11, 2007) 4. Concept Plan (dated October 29, 2007) 5. Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. Ada County Highway District 8. Settler's Irrigation District 9. Central District Health C. Legal Descriptions & Exhibit Maps SetEters Square -AZ-07-018 / PP-07-024 /ALT-07-O1~6 If ~ •. k ' ~ i i ': ! y y 1 ~ ~ ,; ~` ~ { ~ i ~ ' + 3 f { ~ p ~ '~€'s ~ ~' Y 1 _~ L '. ~ n ~ }}~ ; ~ :. P v M l t i ; I ; f ff 1 i ~ i ' ~ ~~ ~ `t ~ h 1 i ~ G 1 PAGE 12 ' CITY OF MERlD1AN PLA•NI~FING DEPARNT STAFF REPORT FOR THE HEARING DAT~ FEBRUARY 19, 2008 ,~ D. Required Findings frotxi Unified Development Settlers Sgnaze -AZ-07-01.8 / PP-07-024 /ALT-07-O l6 PAGE i 3 s ~ ~~~ eft 'J ~ r ' ~i S 'i E € i 3~ = F ~ ~ ~~ ~ ~~ s t i ~~ # ~ .~ a ~~ b ~~y ~ a 1 _ i , ~ 1 ~ a: rE i f i t i E x', F { t ~ ~ ~ " ~ 1 F i i M [ ~ J ~ r~' ~ ~ i! ++ 4 p ~ 111 ~ l J i ~ ~ .~ F ~ ~ ~ ~ I ~ ~ ~ ~ r ~ ~~ { 1 ,: i _ ~ ( j } ~ p ,_ ~ 4 '~, ,F rz, ~ ~ ~ ~ ~ ,~ f ~ i 3 ~ ~ ~ << ~ ~ 1 ~ ~ 1 , ~ 1 ~ ( ~ f ~ 1 7 f~ ; ~ i 1 ~ ~ t t; } ~ ~ ~ ~ E 1 ~ - C ~ C ~ ~ ~~ ~ a ~ ~ r t I ''~ i ~yy~ ~ ~ { t ~ it S ' .. _ ? ~ ~ ~ i s ~ , ~ a ~ f ~ t r .l ~ . rt ! - 9 t f ~ 1~{ ~ Y 4 = 1 ( ~ ~ 1 f 1 CITY OF M:ER1~DlAN PLANNdNG DEPARTI~f'ENT STAFF REPORT FOR THE HEARING DAT~ DECEMBER b, 2U07 Vicinih- Map Exhibit A CITY OF MERIDIAN PLAI~FNING DEPART`NfE1VT STAFF REPORT FOR TH•E HEARING DAT~ DECEMBER 6, 2007 Preliminary Plat Exhibit A CITY OF MERIDIAN PLANNING •DEPARTM•ENT STAFF REPORT FOR THE HEARING DAT~ DECEMBER 6, 2007 Laadscaping Plan I .~~. o~. 0 P .o i~~ -# ~:'a .. .. t '' ,r~ ~ ~ ~` ~~ 4 t b i a 3 Exhibit A e i ~ € x' 1 i E ' _ ~ 1 E , ' I .1 Y ' ~~ i• 1 t~. ~ ~ ~ {! n ~ ~ - : ~~~ ~ ~ ~ , ~ W ~ , ~ ~ 1 1 ~ r ~ ~ ~ ~ ~ ` N n F di n I ~ ~ ~ ~ I ' r I ~ ; ~ ~ f 7 S ~" €. CITY OF MERFDIAN PLAIJIV~1'iVG DEPARTMENT STAFF REPORT FOR THE HEARING DAT~DECEMBER 6, 2009 Concept Plan f A _. ~, .. G -. ° " - - J t. 1 `~-• p ~{ G= ` ' f Q~~ `n ,~ ~- OUGUO~ ~ na4b4b ••~ 6®OU00oo0 R o ,~ ~~ 1,, -. t ~ ~ !~ ~• 1 tl 1~ ~ ~ 4: •, ~ - o __ ~ .11 ~ \\ .~ t' -~ - . ~,,. ; 1.. , 1 1 - ~ u 1~ ~ u °. s ~ 1 i '~0~6fl1 ° I i pp0u(~fl ' __ r... ° - -- ~ - D _' ~ - i ,1 ~ ' ~ ' 0 fl~ f 1 1t_~~_~~f i - p., ~ ~ ®aonuoe~'e 1--`~i~!•I•i oaaoaa:~ ~ , I , 1 ~ .. fl P~ I -~ i ". ~ ~11 ~ e , . i ~ .. - _. .- ~ ~tll~l ,_ _ _ _ _ A i .t A~ ~~ ~1 ' I ~ i ®~®a, I A osm•ao 1 0. ' o A A ~ ~~ 11 t T I I Y Exhibit A ! 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Iq ~ l _ . s lss : .r. ~' .,a N • ~!. u~. r 1 ® t0 i ~' d ' t ~ ° . j •t .~/y G ~ oo . a I m ' `' ~ a a ~ '8m . r ~. a~ & e ~ ~ 1 i 1' i . ; t l 1 1 f ~: ~ m i I :~ Exhibit A t • j ~ ~ b a i 4 ~ _ 1 f ~ ~ ~ ~ ~ ~ ~' ~ ~~~1 ~ ~ ~ ~ 1 z9 i P' ~ ~ , ~, ~:~ ~ ~ . 4 tl ~ ~ r; 3 I ' I ~ i s ~ ~ ~. s ~ ~ 'f ~ { ,,~ ~ x j ~ ~ ~ ~ 1 ' ,~ Q r f ~ - ~ i ~ E ~ i ' ~ 3. j a {# ~. ~ i, ~ G ~ j 4 ~ ~ ~ _ a I F ~ I C I ~ 1 J ~ ~ r ~ ~ ~j ~ { ' y, ~ Ir 4 ~ /~ , f~ d[~ ~~ 1 a f ~ ppG!! ~ ~ i. t~~ r ;,i t :i I ~ ~ ~ ' , ~ 4 I ~ f~ a ~ ~ ~, ! - ~~ ~r 3 ~ I : ~ . ~ 3 I ~ g t?~ ~ t. >~ i ; . . , ~ E _~ ~ _ ~ I i 9 r f ~ ~ ~' 1 ~ f: ~ ~ ~ ~ n I i ~ # ~ n t ~ ~~ ~ ~ ~ 1 ~ ~~` ~ `` r I ~ ~ ~ ~ ~ i' C ~ F tt i ~ ~ ' ~' k ~ 1 }} .~~ ~ t ] ~ i ~ ~'~{ ' i.. ~ t f ~ ~ f { x ' ~ ~ ~ i t ~ 1 ~ i ~ i ~ yy t I ~ ~ ~%~ g k ~ J~a~ `t ~r ~ } I 1 t. .I ER 6, ~~~ REPORT FOR TKE HEARING QATE OF UE~ TY OF ME~:DIAN PLANN'iNC' DEPARTMENT STAFF CI ~~ ~ 3 . a i 3 1 ~~~~ ~ ~~ o. ~ ~ p m l+1 ~ r'N ~ W ~~ r N ~ V ~ m ~ f a: N Tj' N ~ ~1! 0 w c• .' m Exhibit A i ' CITY OF M~ERtt)fA~N PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF D • C E EMBER 6, 20U7 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION/ZONING 1.1.1 Tlie annexation and zoning legal descriptions submitted with the application (stamped on August 7, 2007 by Robert G. Hinckley, PLS) is accurate and mtee~t the requirements of the City of Meridian. 1.1.2 A Development Agreement will be required as part of the annexation and zoning of this property. Prior to the annexation ordinance approval, a DA shaft be entered into between the City of Meridian, the property owner(s) (at the time of annexation/rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Mary, at 898-SS06 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: • Development of the property shall substantially conaply'~with the commercial elevations and the conceptual site plan submitted with the subject application (see Exhibit A), as determined by the Planning Director, including the con pts outlined below. - Pedestrian connections shall be constructed between commercial buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colo>:ed or scored concrete, or bricks as proposed. - Commercial structures shal•I be built adjacent to roadways with on-site parking to the rear and sides of the structures; as proposed (on-street parking is approved). • - Bui°lding materials (stucco and wood siding,' architectural composition shingles, metal awnings and brick veneer accents), architectural elements (SO•% glazing on ground level, metal awnings, brick veneer pilasters, and entry way porticos on the larger scaled buildings). - A minimum of ? buildings with no one buildu-g exceeding 20,000 square feet. The maximum allowable non-residential square footage for this development shall be 108,000 square feet. • All future development of the subject property shall eompiy with City of Meridian ord"uiances in effect at the time of development. • The Applicant shall be responsible for all costs associated with sewer and water service installation. • The following shall be the allowed uses on this property: Ferntitted and accessory uses within the C-C wne. All conditionally permitted uses on,.the subject site shall be subject to CUP review. • All future uses shall not involve uses, activities, processes, materials, ~uipment and conditions of operation that will be detrimental to any' persons, property or the general welfare by reason of excessive production of traffic, noise, ismoke, fumes, glare or odors. • The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit approval from the Planning Department prior to atay,, cornrnercial building construction on the subject property. Exhibit B t ~ f ~ f d ~' ~ ~ ~ i ~ 4 ' I • fi }~ ~ ~ >f .i ~ ~ k f ~ ,r 4 i , ' I} ~ 1 k ~ . ~ .{ 1 { i t j i 1 ~ ~ ~ 1 ~ i j i ~~ - i ~ ~ ~ ' ; ~ '' ~ + 3 ~t C ~ ~ ~ ~ ~ ~ 3 _ ~ I f F ' a ~ ~ f . ~ ~ i F T ~ ~ i i,_ ~, f ~ ~ ~ ~r k 3 I t t~: ~ ~ f f r ~~ f' ~ •1 ~ _ i i - ~ ' ~ i.. ~ i w ~ z ~ i x « ~ i z: i i~ li ~ ` ~ '' ' i C J I i ~ ~ I ' ~ P I~ ~;~ ~ , f ~ ~ ' -~ 1 4 :~ ~ S .i • CITY OF MERtUTAN PLANN•1NG DHPARTM ENT STAFF REPORT FOR THEE H~EA.RING DA~OF DECEMBER 6, 20U7 • Except for one public street access to Ustick Road, one public street access to Venable Lane, the stubbing• of Cooper Lane to the west and the connection of Buckstone Avenue to the • existing residential stab street to the north; no other access points shall be allowed. • Construct• a 25-foot wide landscape .street buffer along Ustick Road and 20-foot wide landscape buffer along Venable Lane. • Construct a rrtinimum 25-foot wide •landscape buffer between all C-C zoned property and residential uses. PRELIIVIINARY PLAT Site Specific Conditions ~ 1.2.1 The preliminary plat prepared by Treasure Valley Engineers, dated November 24, 2007 (attached in Exhibit A), is approved, with the conditions listed herein. Any future development agreement shall also be considered conditions of the Preliminary Plat (PP-07-021). 1.2.2 Except for the ful•1-access public streets into tLe development (one to Ustick Road and one to Venable Lane), access to Ustick Road and Venable Lane is prohibited. Place a note on the face of the final plat prohibiting direct lot access to Ustick Road and Venable Lane. Cooper Lane shall be stubbed to the west side of the property for fugue connectivity, as proposed. Buckstone Avenue from the south shall be extended into the site. 1.2.3 Across=access easement/agreement shall be recorded for all commercial lots within the subdivision, All lots within the subdivision shall have access to the public streets via drive aisles. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final plat OR ~a note shall be added to the face of the final-plat granting said cross-access. 1.2.4 Prior to the City Engineer-s-signature on the 5na1 plat, all existing structures shall be removed. 1.2.5 The landscape plan prepared by South Landscape Architecture, dates September 11, 2007, labeled Sheet L-1 (attached in Exhibit A), is approved with the following notes/changes: I • Provide a mittirr-um 25-foot wide landscape buffer along Ustick Road and a minimum 20-foot wide landscape buffer along Venable Lane. All landscape materials shall be installed in accordance with UDC 11-3B-4, Landscape Street Buffers: • Provide a 25-foot wide landscape buffer adjacent to the existing residential uses to the north and west of the site. All landscape material shall be installed in accordance with UDC 11-3B- 9, Landscape Br~ffers to A~oining Uses, and create a barrier where the trees touch at the time of maturity. • Tn lieu o€ the 10-foot wide street ;buffer adjacent to Buckstone Avenue and Cooper Lane, the applicant shall construct minimum 5-foot wide street buffers, and bricklstamped concrete walkways. Further, two center medians located along .the southern portion of Buckstone Avenue as shown on the concept plan shall be constructed. Said medians shall be constructed at a minimum of 8-feet in width, measured inside of curbs; See ALT-07-016. • Per UDC 11-3B-10, the Applicant shall work with the City Arborist, Elroy Huff on designing, adopting, and implementing a protection and ~tigation plan for the existing trees on site. • A wriMen certificate of completion should be prepared by tike landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Exhibit i3 ~': F ', r ~ii~ il) 1 ~+ ~: ~ t F i p 1 :! ~ ~ r.. ~ :~ ' ~. i ~ ~ k ; ' '` s, .~ ' j ~,A i I } G P 1 ~ I-_ f~ ' ~, . L "f i } '.~ e ~ ~ =~ ~~ , ~{ i '~ ~{ .~ ti ~'a ~ `i 1 i- i _ ~ ~ ~ t' ~ f • ~ %, ' C-TY OF M.ERI~DIAN PI.ANN•ING DEPARTI~£NT STAFF REPORT FOR T}I~E FI~£ARl~NG DA~F D£C£MBER 6, 2007 ' Submix revised landscape plans t~o the Planning Department with the submittal of the final plat application. 1.2.6 This subdivision lies within the SeMlers' Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by ayear-round source of water. If a creek or well source is not av&ilable, a single-point connection to the domestic water system shall be required. if a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable landscape areas p ~ r to signature on the final plat by the Meridian City Engineer. . i .2.8 All development improvements including water, sewer, fencing, landscaping and pressurized irrigation shall be installed and approved prior to obtaining Certificates of Occupancy. 1.2.9 A letter of credit or cash surety in the amount of 110% will be required for all required fencing, pressurized irrigation, landscaping, sanitary sewer, water,. etc., prior to signature of the final plat. ~, 1.2.10 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. General Conditions 1.3.1 Sidewalks/walkways shall be installed within the subdivision and along the adjacent streets pursuant t~o UDC 11-3A-17. 1.3.2 The Applicant shall comply with the outdoor lighting stand ~ shown in UDC I 1-3A-11. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitxed for the subdivision with the final plat application. Where the Applicant has subnutted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shal•1 be consistent with the peel'. ,u ~inarY plan with modifications as proposed by Staff. 1.3.4 Temporary construction fencir3.g to coz3tain debris shall be installed around the perimeter prior to'issuance of a building permit. 1.3.5 Staffs failure to cite specific ordinance provisions does not relieve the Applicant of responsibility for compliance. 1.3:6 Preliminary plat approval shah be subject to the expiration provisions set forth in UDC 11-6B- 7. 2. PUBLtC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in North Venable LN and W Woodpine St. The applicant shall install mains to aad through this ' subdivision; applicant shall coordinate main size and routing with the Public Works Department, • and execute standard forms of easements for any mains that aze required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in confflrrnartce of City of Meridian Public Works - Depaztments Standazd SpeciScations. 2.2 Water service to this site is being proposed via extension of mains in North Venable LN, W Ustick Rd and W Woodpine St. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Exhibit B -Page 3 --- - ~ 2 ~ r ~ ~ r? ~, ~ ; a ~,~ r , : ~; ~ ~ ~ S Y I ~ ; i ~ !N+ ~ y ~. ~• F "' ~ ( ~ ~ ~ ~ ~ t ~ ~ rr 1 r~ 5. i~ ~ ; ~. . ll f '~ r ` I . . ~ 1 ~ +~ ~ ~5 1 ~ jy ~ }} ; ' C i ~ ! ' ~ ` 3.N j~ I f ~ 9 9. e ~~..~ ~ ~ ~ ~ , ~ ~ t ~ z 1 ~ h ,~ '~` ~ ~ ~ ~ ~~ ~ ~ x t; i ~ its ~~ ~ ~ `~ ~ ~ ? ~ l ~ ; ~ ~ k F ~, !~ t ~: ~ ~ . ~ ~ ~ ~ ~~ ' ~(.~ ~ ~ ~ ~ F' ' ~ # fit' 4; F ~ ~ R j # i CITY OF MERYDIAN PLANNING DEPA -ENT STAFF REPORT FOR TFI•l: HEARING DA~OF DECEMBER 6, 2607 2.3 The applicant shall provide a ~0-foot common lot for all public water/sewer mains outside of public right of way. The cotnmon lot shall be:covered with a blanket easement to the City of Meridian. 2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way {include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard fonrts. Submit an executed easement (on the form available from Public Works), a legal description, which must include the azea of the easement (marked EXHIBIT A) and an 81/2" x 11"map with bearings and distances (mazked EXl~3IT B) for review. Both exhibits muss be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the cul=inary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common azeas prior to signature on the final plat by the City Engineer. 2.6 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.7 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 UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval ornon-approval submitted Eo the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.8 • Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)3342190. 2.9 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary `ewer, water, etc., prior to signature on the final plat. 2.12 All development improvements, including but not limited to sewer, fencing, micrapaths, pressurized irrigation and landscaping shall be ir3stalied and approved prior to obtaining certificates of occupancy. 2.13 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 02-3Z4. , Exhibit B CITY OF MERI•D1AN PLANN'FNG pEPARTIGIEtVT STAFF REPORT FOR THE HARING DAT~F DECEMBER 6, 2007 2.1.4 It shall be the responsibility ofthe applicant to ensure that all •:developrnent features comply with the Americans with Disabilities Act and the Fair Housing Act; 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting ' that may be required by the Army Corps of Engineers. ' 2.16 Developer shall coordinate mailbox locations with the Merid't` Post Office. 2.17 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.18 Compaction test results shall be submitted to the Meridian Budding Department for all building pads receiving engineered backfi~ll, where footing would sit atop fill material. 2.19 The engineer shall be required to certify that the street centerline elevations aze set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above; 2.20 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that .do not fall under the jurisdiction of an irrigation district or the ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. ~ • 2.21 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record diawin~gs must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.22 One hundred watt, high pressure sodium streetlights shall be required at locations designated by • the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power .designs aze completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. . 3. 1VIERIDIAN FI"RE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria- testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'h" outlet face the mainistreet or parking lot aisle. b. The Fire hydrant shall not face a street which does note-have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e: Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. ' g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved tum around. Phasing of the project may require a temporary approved turn Exhibit B f~ ' ~, f ~ y i ~ ~ ~ ~ I ~i ~ s ~ ~ ~ F ~ ! K~ i " ~ ff { ~ 1y ` p ~ ~ ` ~ rl ~ ~ x ~ 3 ~ ~ ' ~ ~ ~ j y y i ~ ~ t 1. ~ a .~ I 1 t , ~ ~ ~ ~ ~ ~ { ~~ j' ~ f~ ) p1 t, ~ t ~ t ' ~ , . y ~ ~ t ~ „ ~ ~ ~, ~ . r~ elf p ~ t .; .~ f i ; Z~ ~ , ~ , f ~ .~ t Y ' ~~ ! } ~ ~~ 3 Fi 1 ~ t c t ~~, ~ i ~ j F . F ~ .~ 3 t #?' ~ om' } ~ ~ ~ I. r• k, a ~ ~ ! , ~1 ~ i { ~ ~ ~ I I f ~ ~ ' ~ ~ ; ~ !~ Vii, ~ ' Y ~ i ~ ~ 3 f1 ~ ~ .a 3 l ~ ~. ~ i ~ ~ '~ 3~ ~ ~ ' i ~ ~ t ~ i 11T . ~~ 3~ ~' . ~ ~ ~ " iL. ~ ~~ ~ i ' ~ i k i~ ' ~ F ° I µ I' ~ ~ F j ~ ~ 1 ,. ~~~ :E+ ~. '.~ I .( ~1 '.... ~~ -. ~ ," F ~ ~ ., ii i i _ ~n. ~1Y.. f~ § {~i ~ ~~'.3 ,. -I ~` 6 ~'.. ~.~.~ ,. :' C1TY OF M°ERI°DIAN PLANN~IN.G DEPARENT STAFF REPORT FOR TH•E HEARING DAT~F DECEMBER 6, 2007 i around on streets greater than 150' in length with no outlet. Extend Buckstone Avenue from the north. ~I 3.4 Ali common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. • 3.5 For all Fire Lanes provide signage "No Panting Fire Lane". ! 3.6 Operational fire hydrants, temporary or permanent street signs Viand access roads with an all weather surface are r~uired before combustible construction is brought on site. 3.7 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side.. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,00.0 GVW. , 3.8 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to serrrice the proposed project. Fire hydrants shall be placed per Appendix D. 3.9 Maintain a separation of 5' from the building to the dumpster eri~losure. 3.10 'The Fire Dept. has concerns about addressing and the address being visible from the street which the project is addressed off of. Please contact the Addressing S -p~ial~ist at 898-5500 to address this concern prior to the public hearing. 3,11 All aspects of the building systems (including exiting systems); processes & storage practices shall be required to comply with the International Fire Code. , 3.12 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. , 3.13 Where a portion of the facility or building hereaf3er constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903,3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). , a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). • b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3..1.2, the distance requirement shall be 600 feet (183 m). • 3.14 All Daycare's with 7 or more children must pass an inspection using the criteria of the Idaho State Fire Marshal. If the applicant has concerns about meeting the State Fire Marshal criteria an inspection wilt be completed at a cost of $20. 3.15 There shall be a fire hydrant within 100' of all fire department connections. )exhibit B r e i s ;~ ` ~' ~ • ~; ~. f ~ i ,~ ~ t~ e i ~ ~i ~ f, , i~ j ~ _~ _ •~ ~ f f ~ ~ ~ ~ t a ~ i ~ ~ i ~ I ~ 1 ' ` ~ ' ~ „ ~ 'Y~ ~, r c e ~ t' ~ ~ sE ~ ~ '~ r~ ~ ~~ i ~ ~~ ~ ~ ~` ( Z 1 Y , j ( ~ ~ ~ ~ i ,~~ ~ f ~ ~ ~ 3 it I ~~ ~ !~ ~ + i` ~ I ~ t 1 i ~ s ~ ~ ~ , ~ ~ i ~ e f~ d i ~• y ' ! ~ 1 i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT' FOR THE HEARING DAT~F DECEMBER 6, 2007 3.16 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be piacal a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measurai in a straight line. 4. MERIDIAN POLICE DEPARTMENT 4.1 The police department has no concerns related to the site design of this project. 5. PARKS 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ord~uaance (iJDC 11-3B-10) will be followed. ' 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. SANITARY SERVICES 6.1 Please contact Bill Gregory at SSC ($88-3999} for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. ADA COUNTY HIGHWAY DISTRICT ~~ 7.1 SPEt/•IFIC COIgDITIONS OF APPROVAL 7.1.1 Dedicate either 48 feet ofright-of--way from the existing centerline ofUstick Road abutting the parcel. The right of way purchase and sale agreement and deed must be cornpleted and signed by the applicant prior to the scheduling of the final plat for signature by the ACRD Commission or prior to the issuance of a building permit whichever comes first. Allow up to 30 business days to process the right-of--way dedication after receipt of all regrrested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.1.2 Construct a 5-foot wide concrete sidewalk located 41-feet from the centerline of Ustick Road along the entire site frontage. 7.1.3 Do not make utility street cuts in Ustick Road abutting the site without approval in writing by the District. This section of road was paved in March 2007 and is subject to the 5 year cut moratorium. 7.1.4 Complete Venable Lane as a 40 foot street section with vertical curb, gutter, and 5 foot attached concrete sidewalk abutting the site. Connect sidewalk with the'+.existing improvements to the IIOrth. 7.1.5 Construct the north portion of Buckstone Avenue as a 29 foot street •sectioa (measured from back of curb to back of curb) with vertical curb, gutter and 5 foot attached concrete sidewalks inside 42 feet of right of way. In the event lots 1 j6 are consolidated on the final plat, the applicant shall provide, in lieu of this public street section, a public cross-access easement to connect the south portion of Buckstone Avenue with the stub street in Woodburn Subdivision to the north. 7.I.6 Construct the south portion of Buckstone Avenue as proposed with drive aisles 21 feet wide (measured from back of curb to back of curb) and islands at least 4 feet wide where it is divided, and vertical curb, gutter and S foot attached sidewalks along both sides. Where parking aisles are located, construct a 30 foot wide divided street section. Construct Buckstone Avenue with vertical curb, gutter and S foot attached sidewalk. Buckstone Avenue shall intersect with Ustick ExY~i6it B ' '~ t ~ { "'. i~ ~' 2~ K xt ~ ~ ~~ A - f I ~ ~ ~ i ~ -i ~ - ~' r ~ rS + ~ ~ ~ { °'4 f } r ~ r_ ~~ ~ ~ i~i ~ ~" `' ~ ~ li ~ S ~ i ~i.~ ~ k a t~ ~ ~ ~ ~ ~ , ~ ~.~ ~ . i ; ~ fl, ~ 1 L -y~ 2 ~~ ~ 9 ~ 41!' ~ ~ o. ~ ~ > t 3 , ~ F ~ ~ , ~3 I i ~ ! K"7 ', i a ~ t r i ~ ~ 1 ~ ~ ~ ~ ~ `~ < - I~ ~ a i ! E ~. i pw ~ ~ ~ ~; ~ ~ ~ r .! ~ ~ ~ ~ l i • ; ~ ~, i ~ ~ ~ G ~ o . i j~ x S' .~ ~ ~ c ~ ,~ ! 7 I ~ I ee ~ S ~, f~. I ~ ~ 'f~ 7 d n~ ~ 1 ~ ~ + a I: u ' ~ ~• ~i ~ + ~ ~ R + ~~ ~ ' i ' ~ ~ ~ #` t Fy5rk 4~~' , z v ~ f j i ~ ~ k~ 'r 171 ~ r )y~ ~~ f r;~/.~{fj y +d ~~ I!S ~ ~~ `h ~i i~;.. t. •' 'f' i1. it.~ ~~ Y ~~ ~ i ~I~ _ ? '. G~ ;. ~~~ s 33 ~ ~ n ~ P./~ L ~~. ~. CITY OF MERIDIAN PLANNING DEPART~NT STAFF Rf=PORT FOR TH•E HEARING DAT~ DECEMBER 6, 2007 Road no closer than 330 feet from Venable Lane (measured centerline to centerline). The District may restrict Bwckstone Avenue to right in/right out at some time in the future. 7.1.7 Construct traffic islands with trees at least 6 feet wide with root barriers or 8 feet wide without. 7.1.8 Construct Cooper Lane as a 42 foot street section (with 9 foot, parking aisles as proposed) with vertical curb, gutter and sidewalk a~Iigning with the private drive in Cedar Springs Professional Center to the east and terminating as a stub street to the west. Install a sign at the west terminus of Cooper Lane stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.9 Provide a temporary public turnaround easement in the driveway nearest to Cooper Lane's east terminus to expire when Cooper lane is extended to the west. 7.1.10 Construct all commercial driveways onto Buckstone Avenue and Cooper Lat3e as proposed. Dt~veways must be no wider than 36 feet and paved their full width at least 30 feet into each site. 1f constructing curb return type driveways, 15 foot radii will be required. 7.I .I 1 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside oftheright-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD madway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 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 387-62$0 (with file number) for details. 7.2.5 Corngly with the District's Tree Flanter Width Interim Policy,' 7.2.6 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. ,i 7.2.7 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 ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans: 7.2.8 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. 7.2.9 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. ?.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ord'ulance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shak~l be required to call DIGLINE (1-800-342-I585);lat least two full business days prior to breaking ground within A•CHD right-of way. The applicant shall contact ACRD Traffic Operations 3$7-6190 in the event any ACl^ID conduits (spare or filled) are compromised during any phase of construction. • Exhibit B E. i ~~ i ~ ~ ~£ iyf j ~ ~ j u ' . ~ ~ ~ ~ ~ ~ ~ ~ 1 ~ R ~ ~ k.~ i ~ _ 1 Y ` . ~ i i ~ ~ ~. i I f ~ r ' a ~ ~ ~' '~ ° ~ f E "~ ~~~ ~ t i ,, ,- ' ~ ; i. ~ ~ ~ , ~ ~ ~ ~ s• ~ 't ~ ~ ~ ~ z ; s ~ ' E ~ ,~ I I '~ ~ f i ,, f~ : ' ~ , ~ . i + ~~ ! ' ~.~ ~~ ~ ~ k t; s ; ~ ~ ~ ~ 1 1 ~ Y~7 ~ ~ ~ '~ ~ I . ~ i ~~3.` k9} - i ~ pp ! ~ t ~;. ~ ka . ty . ' ~ ~.~ 1 t 1~: I }} 1 5 t . {~. 1 C ~ :~ .+ 6 ~ ~ ~ ~t~ l E A ~ ~ 1~ ~ ~ ~ T 1 i. * ~ 1 1 EEG-~ ~ ~ 1 ~ i! ' ~ ' I ~ 1 J ~~ I z fit ~ - ! f ~ . iy_ !t CITY OF M~ERI•D1AN PLANNING DEPAR~ENT STAFF REPOR7 FOR THIc H.EARIIVG DA~F DECEMBER 6, 2007 .~ 7.2.12 l~lo 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 bistrict. The burden shall be upon the applicant to obtain written confirmation of any change froth the Ada County Highway District. • 7.2.13 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. ~ 8. SETTLER'S IRRIGATION DISTRICT 8.1 All irrigation /drainage facilities along witfi their easements; must be protected and continue to function. 8.2 A Land Use Change Application must be on file prior to any approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 8.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers )zrigation District's Board of Directors. 8.5 All storm drainage must be retained on-site. 8..6 A pressure irrigation system must be provided to service atl lots within the above-mentioned subdivision from the current delivery point. Settler's Irrigation District owns the pressurized irrigation system within the Woodburn Subdivision. This development may connect to the existing system in accordance with SID's standards, specifications and policies. 8.7 This property lies within the Settlers Itrigatron District's service boundary 9. CENTRAL DISTRICT HEALTH 9.1 A1Ier written approval from appropriate entities is submitted, wee can approve this proposal for central sewage and central water. 9.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 9.3 Run-off is not to create amosquito-breeding problem. 9.4 Central District Health will require plans be submitted for a plan review for any: food • establishments, grocery store, beverage establishment and childlcare center. Exhibit ~B CITY OF MERkD1AN P[,ANN.IN.G DEPA~ENT STAFF REPORT FOR THE H~FAR[NG DA~OF F DECEMBER 6, 2007 adopted Comprehensive Plan. The City Council supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made ,available and are adequate to accommodate the proposed development; ' The City Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for .more details from public service providers.) , 3. The plat is in conformance with scheduled public improvements in accord ~-vith the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council finds that the subdivisionwill not require the expenditure of capital improvement funds. ' 4. There is public financial capability of supporting services for the proposed development; ; Staff recommends the Commission and Council rely; upon comments from the public service providers {i.e., Police, Fire, ACTiD, etc.) to detern3irie this fording. (See Exhibit B for more detail.) 5. The deyeiopmeat wiU not be detrimental to the public health, safety or general welfare; and ~• The City Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to Council's attention. ACRD considers road safety issues in their, analysis. Staff recommends that tfiie Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff is unaware. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any natural, scenic,; or historic features on this site. Therefore, The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to detet'tnine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of!major importance of which Staff is unaware. Alternative Compliance Finding: In order to grant approval for alternative compliance, the director shall determine the following findings: a. Strict adherence or application of the requirements is not feasible; OR The City Council finds the 10 foot landscape buffer adjacent to local streets is not feasible for the design of this proposed development. Staff believes the applicant has met the intent of the code by landscaping 21 % of the entire site and designing ,pedestrian pathways and 5 foot landscape buffers that compliment the existing northern residential neighborhood and provide excellent connectivity for future patrons of the development. Exhibit D i ~I < ,. ~ , ~~$ ~ ~~ S ; l I ti I ~ ~ ` 1 ~ !1 1 ~f~ f ~~~ 1 .~ ,~ i_ ~ ~ ~ ~ , , ~ _~ ,~ ~ ~ ~ , } i ~ '~ ~ ~ ~ ~ I ! ~, ~ r ~ ~ 4 t I ~ Ft ~~ ,~~ ;q ~ ~ #a i ,~ F~ ~ ~ ' L ' ~ 1 ~ ~ [Fgy1x '~ ;~ E A ~ ~ 1F ~ ~F ! i~ '.5aa ,T `NJ t u f ! !!! ~ .y ,99< i4 CITY OF MERIDIAN PLANI~kI•NG DEPA~ENT STAFF REP ORT FOR Tli'E 14EA•RING DA~OF DECEMBER 6, 2007 ti. The alternative compliance ,provides an equal or .ssgperior means for meeting the requirements; and The City Council finds the alternative compliance does provide a superior means for meeting the City's landscaping requirements. The City Council finds the conceptual landscape plan incorporates innovative design by using center median. s along the southern portion of Buckstone Avenue and incorporating 5 foot wide landscape buffers along the public streets with 5 foot detached decorative stamped concrete. The City Counci•1 finds this design to be more compatible with the residential subdivision to the north. Additionally the City Council futds this design contributes urban streetscape and 'adds to the pedestrian friendly environment of the development. Therefore, TZze City Co~icil supports the proposed concept landscape plan, as depicted in Exhibit A. c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The City Council finds that the proposed alternative will not be detrimental to the public welfare or impair the use /character of the surrounding properties. Exhibit D z ~ t F E ~~ ~ ~ "E y ,~ • ~ ; ~ ~ ~, ~ ~ C ~ 3 ry r9 ~ ~ i ~ z~ 37 ~~ ~ ~. ! i y 1 ~ ,i ~i 7 I- ~ ~ ~ff i 1 " P~7 f ' ~0 ~ ~ 'r ~ ~ ~ ~ ~,, ;3~ i j ! R ` 5 .n i t '~ I t ~ ~ ~ ~ ~ t t ~ ~ ~ ~ t ' ` +'~ ` ; ~ + ~ t j ~ ~ ~ ~ f ~ ~ , ~ ~ x f x ~ ~ ' -f ' ct ~ ~ P} ' l ~, ~ j, . ~ 4 ~ p 1 , ~ • ~ May 16, 2008 MI 0-013 MERIDIAN CITY COUNCIL MEETING May 20, 2008 APPLICANT Primeland Development Group, LLC ITEM NO. 6-1 REQUEST Addendum to Development Agreement -Request for Miscellaneous Application to modify the Recorded Development Agreement for Verona Commercial -- northeast comer of West McMillan Rd 8~ N. Ten Mile Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See atMched CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ~ t~i~ CITY WATER DEPT: r ~ 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: Chug.. Ch~s~ ,~ Date: 5-stn-~ Phone: Emailed:_ (,~ ~ ~j~ ra n ~ ~ ~~ ~+ Staff Initials: Materials presented at public meeMngs shall become property of the Cffy of Meddtan. 1 1 i ~ 1~ ° it ter ! ° ~ ~ S ~ ~. Iy 1 `~' ~ 1 N ~ x 3 is 4 ~ ~ II }: .~ ~ ~ ' ~; ~ ~ fix; ~ I , ~~ ~' ~ ,~ ~ ~ ~ _~ f= t !E ~ t ` I f ~ ~ `, 11 { ! ~ a ,~ - l,~ 1 p ~ f ~ a a ~~ t ~5 .~ c ~, i j i ~ I~ ~ i ~ ~y r' ~. EI t~ )) r~ i ~ f ~ ~~ ~. F i ~ ~ ~ s e q, f 1 ~ 3 ~ '~ ~~ ~ I ~1 ~ ~ lII ~ 'fir i=t ~a I a; ~€ a ~ i ~ ~. r 3 ~#f t ~~ 1 { ~ ;i ~.~ ~. r ' ~ '~ ~ ~ ~_ } IC3`~ p -,~f ( ~.~1:' ~ r ~ k 1 ,: ~ -~s.3:~ :. - If C. :~;.. .. ...T f,,.~ ~~tA.:< <, 1=- !tE ~. i,:,~ ~~ i • ADA COUNTY RECORDER J. DAVID NAVARRO ABIOUNT .QO 9 BOISE IDAHO 06J22lOB 02:02 PM DEPUfY Bonnie Oberbling ff i RECORDED-REQUEST OF (III'II'll~ll'I~'III~I~'~IIII~'I II'I iBerldian City 108059794 ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Primeland Development Company, LLC, Owner/Developer This addendum is made and entered into this_~~ day of 2008, by and between CITY OF MERIDIAN, a municipal corporation f the State of Idaho, hereafter called CITY, and Primeland Development Company, LLC whose address is 3120 W. Belltower Drive, Suite 100, Meridian, Idaho 83646, hereinafter called OWNER/DEVELOPER. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain DEVELOPMENT AGREEMENT recorded on June 13, 2003 as Instrument # 103097612 on the land described in Exhibit "A" ("Property"). B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement in accordance with the terms in this Addendum, which terms have been approved by the Meridian Planning and Zoning Commission and the Meridian City Council in accordance with Idaho Code Section 67-6511A. NOW, THEREFORE, inconsideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows: SECTION 3. DEFINITIONS: Modify sub-section 3.4 "Property" to exclude the areas set forth in Exhibit "C" which identify the Verona Commercial Properties, respectively. 2. That Owner/Developeragrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation of the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This second addendum shall be binding on the ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-013 VERONA COMMERCIAL} PAGE 1 OF 4 1~ i ~' ~ ff 1 ' j k ~ 1~ ~, E i. i tyl ~ y 1 ~ ~ ~ ~` I k t. ~ h` f $ iiEE t t' I I~. f .1' I I ~ 1 S ~. .~ al L 7 ~ F i ' - N: i « ~ ~ ~; I ~ '~ , i k 1 . ~ c ~i `I 3 L~' ~~ i I ~. ~ ~ A .~~ ~ )1• LL ~ ~4 1~~ ~ i~ ~ ~ gt { III I 1 j ~ 1~' ~~ ~i I; s ~ i '~ .S ~~ i i ,~ • Owners/Developers of the Property, each subsequent owner and any other person(s) 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 hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Addendum. 4. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This addendum sets forth all promises, inducements, agreements, condition, and understandings between Owners/Developers and City relative to the subject matter herein, and there are no promises, agreements, conditions orunder-standing, either oral or written, express or implied, between Owners/ Developers and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum 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. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided far a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-013 VERONA COMMERCIAL) j ~ ' a R ~ ~.. ~ ~ , t ~ ~ ; y yyy ~ j ~ 4 ~ [ . ~~ ~ ' ~ a. F,~ ~'~ ;. I ;d ~ ~ ~ ~ ~~~ ~ }~ ~ ~ i .~A f , II~ 1 j ' ~ ~ ~ 4 ' ~~. - ~ ~ !!! y r f ~ y i t~ ; _ .i ~ i i y~ 3; t 1 , '~ ~ 11 ~~ . 11 .. 'i . 1 ,, ~ {. ' -,~4~, PAGE 2 OF 4 ti S ~ } ,~ ~~ + i ~ f I ~ ` 2 ~ ( ~ K T t~ ~ i v t, I v £t ~ ,p, qg S 'i~ ~ ~ i33i ~ t +~: !d ~. :R ~ . 5 ~ ~ ( {F 7 te ~..~ 5u -~ l ~ 1 ~ ,.p ~ f k* ~ ~ I ~ ~ ^ ~ ,, ~ .~ j . ya ~ ~ ~ ~ f ~ I 3I 3I 1! ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. LLC. .~ Attest: ~~ .~ ;'~ ~ '~ ~n -., r~rai.+ - Jaycee .Holman, City Clerk "s 1 '~, 9 ~r ts't •, ~ ~``~ ~~ni~nm nu`~~~~ ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-013 VERONA COMMERCIAL) PAGE 3 OF 4 OWNER/DEVELOPER: PRIMELAND DEVELOPMENT COMPANY, e~,-~.~e.~..:.a, CITY OF MERIDIAN BY: ~l/Jr~' Mayor Ta Weerd '~ ~ ~, •,, ,e. o ! STATE OF IDAHO ) . ss: County of Ada, ) On this IJ~ day of , 2008, before n~Ie, the undersigned, a Notary Public in and for said State, personally appeared ~~ S :1,QYric~. known or identified to me to be the ~ of Primeland Development Company, LLC, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SE KIMBERLY WINKLE Notary Pubic State of Idaho STATE OF IDAHO .~ -~ Notary Publi fo • Idaho Residing at: ,~ My Commission Expires: 1 ss County of Ada } ~ M On this day of t - l , 2008, before me, a Notary Public, personally appeared Tammy de Weerd an Jaycee L. Holman, known 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •• TAI~q ~• • (SEAL) ,%~ 9,~ ;"~; o y Public for Idaho 'C,,y; Residing at: C`~. ~(j,~\ ~ ~ ICa Commission expires: 10-{ t'l I ~ `. .' i .•AH ~,. ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-0I3 VERONA COMMERCIAL) PAGE 4 OF 4 EDIT A ~,es>a! Desrrlotaan t1f Prnoe A parcel of land being a portion of the W '/: of the SW '/4 of Section 26, Township 4 North, Range 1 West of the Boise Meridiaq Meridian, Ada County, Idaho, more particularly descri'b0d as follows: Commencing at the northwest corner of the SW % (W'/4 corner) of Section 26, T. 4N~ R,1 W., B.M., thence S 89°08'53" E 25.00 feet along the north line of said SW'/a to a mint on the east right-of-way of ICI. Ten Mile Road, the REAL POINT OF BEGINNING of this description. Thence continuing S 89°08'53" E 1283.33 feet along said north line to the northeast comer of the W'/a of said SW S/a; Thence S 00°29'44" W 2603.06 feet along the east line of said W'/Z of the SW '/e to a pointy Thence N 88°59'04" W 20.00 feet to a point; Thence S 00°29'44" W 20.00 feet to a point on the north right of way of W. McMillan Road; Thence N 88°59'04" W 426.46 feet along said north right of way to a point; . Thence N 00°21'49" E b33.98 feet to a point of curvature; Thence slang a curve Lo the le8 222.97 feet, said curve having a radius of 155.00 feet, a delta angle of 82°25' 10", tangents of 135.74 feet, and a long chord bearing N 40°50'46" W 204.23 feet to a pow of tangency; Thence N 82°03'21" W 305.24 feet to a point; Thence N 88°58' 19" W 393.13 feet to a point on the east right of way of N. Ten Mile Road; ~. ~1 R? ~ ~. j i C€i ~. ~ i [Gk ~ i ~ ~t ~ ~e ' ;~~ ~ ,I ~ ~ ' t ~ i ; ~ ~ ~ , ~ ~ ~~ x ~ { ~ ~ '~ ~ ~ ~ i ~ t ,~ 1 G '~ ~I ~ i ~ i { 3 i %~E f ~ ~ i e(y+ ~ l ' ..~ t. ~ j ¢~ ~; ~{ }~ l~ j~.~, ~ is . I .~ 1 ~ ~:.~ ! I ~ } ~ ~ `~ i ~~ ~ = ; ~ ~ ~ ~~s ` ~ ~ 3 j i l I j. ~ 9 td , . ; i. i ~ ; ~ ~ i , ~ ~ ~ F 1; ~~ ; ~ ,, ~ ~ ~ k ' . i ~ ~ May 16, 2008 MI 07-014 MERIDIAN CITY COUNCIL MEETING May 20, 2008 APPLICANT Primeland Development Group, LLC ITEM NO. 6-.I REQUEST Addendum to Development Agreement -Request for a Miscellaneous application to modify the recorded Development Agreement for Bridgetomrer Crossing Office - swc of West McMillan Road & North Linder 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 ait®ched ~~pr~~vc Contacted: ChLLtr~ rjs Date: S- -Qg Phone: Emailed: ~ ~ ~ ~ C~.L1Cl(~ ~~.~ , r ~ Stbff Initials: Materials presented at public meetings shall become properly of the City of Meridian. o ~ VAR 08-003 May 16, 2008 MERIDIAN CITY COUNCIL MEETING May 20, 2008 ITEM NO. 6-K APPLICANT Stanley Silman REQUEST Findings for Denial -Request for a Variance to the UDC to allow a structure encroachment into required rear yard se back in R-4 zone for Silman Setback - 1749 West Lowry Street COMMENTS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See c~tached 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: ~~ro~~ OTHER: ~,1 c Phone: ~~ - 013 `7Ct~ 1`Z S, ~1mo~r1 Date:rj - ~ ~o -o ~' Contacted: Staff Initials: Emailed: of the City of Meridian. Materials presented at public meetings shall became property f(. I' 1 i r ) ly ~: rc'~ I ~ r .: l ~ - ! s ~ ~ t 1 c~ d- { # ~t. ~ t v f ~ a ~~ r I ~ ~~ i ~ ~ ~ i ~ r= r ~~ i ~ , ~- } ~ ` ~ `` ~ j r~ ~ E I ~ s' ~ ~ ~ ~~~ ~ i J 1 ~' 1 ~ i. I r ~ I ~t ~ a' ; ~ ;f •S s I k i ~ ~~ ~ { 1 r . ~ ~ R ~ ~ L'. ~ ~ -z ~ ~- { ~ ~ ~E i a _ f Fp R {{ f i ~~ ~ f~ i 6 t ~ ~ r ! ~ ~ ~ ~~~ ° ~ ~ a- f ~ ? ~ ~ ~ 1 ~ r I 31 ~ ~ ~ ~ .f ~ w ~. ~ ~i ~ ~ a ~ : ~ _ ~ a ~ a Q1 # t r ~I, ~ ~ ~ ~ ~ ~ r ~ 'R ~ f ~ ~ ~' r i s a.( 7 ~ ~~. ~t i ~ 1 .. ~ ~ i re~ ~ 4 Ft ~ ~ ~ ~ ~ ~ 5 ~ ~ ~' i ~ ~ c ~ p ~ ~ ~ ~ ~ f f ~ ~ f ~ ~, a ~ ~ F 1 'a • ( s r ~. i ~ ; ' ~ ~ ~ ! ~ s a ' o- ` ;i t ~ ,3~,5 ~ r ~a t; ,', I ! ~ L ii ~ F a 1 i j 0 s BEFORE THE MERIDIAN CITY COUNCIL 1N THE MATTER OF THE ) REQUEST FOR VARIANCE ) FROM UDC 11-2A-5 TO ALLOW A ) STRUCTURE ENCROACHMENT INTO ) THE REQUIRED ~~ YARD SETBACK ) IN THE R-4 ZONING DISTRICT j FOR ) STANLEY SILMAN ) APPLICANT - j Case No. VAR 08-003 City Of 1~lei°idia~ City Clerk Ofh~e FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL The above entitled variance application having come on for public hearing on May 6, 2008, at the hour of 7:00 o'clock p.m. at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho. Anna Canning, Meridian Planning and Zoning Department, Brian Webb, attorney for Stanley Silman, and Stanley Silman appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore make the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1, The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearings scheduled for May 6, 2008, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under' consideration more than fifteen (15) days prior to said hearings and with the notice of public hearings having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices FINDINGS OF FACT AND CO 03LUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR SILMAN; CASE NO. VAR OS 0 pAGE I OF 4 [3 ~ ~ { ~ .F j ~,~ V ~ { ~ I " F' } ~ i t ~ ~ E ~~ ~ 1 c ~ f I I- 3~ "] r• fir- 'i ~ 1 ~ ~ ~; ~ j ~ ~~ ~~ ~F ~ ~~~ ~~ ~ 7 a ~ ~ ~ 4 ~i ~ ~ ~~' 1" .'{. BSI ~C;; i e ~ E ~ ; } 3 i ~ ' ' ~i ~ t~' ~ t ~ ' , ~ 1 ~ i~ t l c L<I z , , i;. l { i .i ~S E ' 4 ~.' ~ 4 t I ~ r{~ a t ~ ~ ~ _ _ ~. 1 de ~ 1 i 2 ~ : ~ ~ 1 ~ f 1 ~ L ~F~ ' $~ ~5 _ . ~ 4 t 1 ~ S E 1 I ~ ~ R ~ ~ , ~ ~ ; ~ ~ i ~ i a ~~ ~ ~ r' s f t r , ~ { , p i; i ~ '~ ~ ~' ~ , y i ;i , t ` . Y~ ~ ~ ~ ~ ~ ~ ti 1 ~ ~ ~ ~ ~ 1. i tj. f- i, ~ <.~ ~ i . 1 a 7 ~ ~. c ~ i G .?. j. ) ~ 1. ~ ~~ # t F C ~ ., 11 r ' i ! ~ s -, ~ .'i I µ ~ S G ? ~?; .~ # . 7: ~ ~~ iii ~Y7~.. i e '" ~ '~~ ~ ~~crzv~sw ~ ;~ 2 S f t( 1 E ~ ~ t + i 4 1 ` t ~ ~ t ~ f E i ~. i a - 3~ ® o were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council on May 6, 2008, public hearing; and the applicant, affected property owners, and government subdivisions provided services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6511, and §11-SA, Municipal Code of the City of Meridian. 3, The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property is generally located at 1749 W. Lowry Street, Meridian, Idaho (Lot 10, Block 16, Tumble Creek Subdivision No. 6), located in the northeast'/ of Section 2, Township 3 North, Range 1 East. 5. Stanley Silman, whose address is 1749 W. Lowry Street, Meridian, Idaho, is the current property owner and applicant. 6. The Applicant requests a variance from UDC 11-2A-5, which requires a minimum rear yard setback of 15 feet. 7. The Applicant is proposing a rear setback of approximately 9 feet to allow the existing enclosed patio structure to remain in its current location within the required rear yard setback. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR SILMAN; CASE NO. VAR 08-003 pAGE 2 OF 4 , ~1 b ' # ~! tt qq}} {t # ~~ :t_ ~ ~ ~ 2 4,~~ '. ~ ~:'t ! i f j i : ~ i. {g fi'{ i ~ i a 1 i R t ~ pp I ~ ' a~!' '~ ~, ~ K ~ ~ r ~ ~ i i ~ ~ ~ ~ •fi f r ~ r~ ' I ~' ~a ~ ~. .~ . i b i i. ~ ~ l1 7 _ ~ , ~ y i f ~ 1 ~ 7 ' r~ ~~ ~ y 7 ~ f ~ ~ i ~ i _ ~ 4, ~ ~, ~ I ~ t i 1~ I Y ~ .F. 1 _ yf _ ~ ~ ' ~ ~ ~ { ~~ ~ ~ ~E ! ~~ t , i ) ji gYYgt ~ ~ 1 r l ~ ` 4 ~~ ~ 7• f ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ 1¢ ~ ~ ~ s 1 ~ ~ t~ ~ 1 ' r f 3 ~ F ~ a~ a~ ~ ~> j, ~?% # ~ : ~I 1 1. ~ f '~ i d+ ~' t i L ~ 1 ~ - P _ 1 I ~~u= ~ i. i I ~f =~ . i ~ t- n ~ ~ r~ ` )t ~ i t ~~ 6 ~ E ~`. ~~ ~ ` ~- jj 1 ~:' 1 .i 4 i 4~ Y ~ ~. ~ p d r>i ~ ~' ® o Meridian. g. The property which is the subject of this application is within the City of CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council shall apply the standards listed in Idaho Code §67- 6516 and all the findings listed in Section 11-SB-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: a. The Variance shall not grant a right or special privilege that is not otherwise allowed in the district. b. The variance relieves an undue hardship because of characteristics of the site. c. The variance shall not be detrimental to the public health, safety and welfare. 3. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 4. That this decision is in accordance with the attached Staff Report for the hearing date of May 6, 2008, incorporated by reference. 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: That the application Variance is denied for the following reasons: The proposed variance request does not meet the burden as set forth in Idaho Code §67- 6516 and all the findings listed in Section 11-SB-4.E of the UDC. Granting a Variance as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR SILMAN; CASE NO. VAR 08-003 pAGE 3 OF 4 1 t t ` ~. ~' i F( ~ L jj :. f i, I- ~' ~ 1 ~. ~' ~~; . ,. :, i ~ ~:' t t ~1~ nA ~ ~~ + ~~ ~ i ~ ~~ ~ i {{ty 1 I 1 ! ~ ! i f ~ ~~ f ~~ ,4'I ~ ,~ .~i i .. 7 y ~ ; } ~ ~ f ~`~ • ~' S f y i ~ ~.! ! { SZ C i );~ ~~ 1 ~ ~ ~~ ; ~, ~ . ~~~ :~ } , t ~, r ~ 1 3 ; .~ '. I '3. ~ ~ ~i ~, t - ~ 1 ' i v, - h ~' ~ t ' 3 ik ~ f . ` IY ~ ~ ~ } ~ C t ~ } 4 ~ ~ ~ i r t ; ~ I x ~_ ~ 1 T. [ ~ ( L V t ' 1 ~ ~ F . ~ ii~ ~ j ~~ ~ ~ +,t 't s f . ~ { . ~ 1 ~ ~~ I ~ y i' k ~~ . ~ % t ; ~ ' lye I ~ y ~ l ~ ~I ~ x ~ ~ ~ 1 ~ . ~ , a ~ F 3 ~ i ~' I +~ ~ ; 12 } 1 h ~ ~ f 7 ! ~ ' l ! 7 .k ~ ' 1 ~z {~ S 'i t ~ 3 . { ~ ~ ~ ~} r d 1 1 +.. i t < ~ :l ~ ` t l r~~ ~4 # +~ y~ i i {{ !! ~ ~ ~ i 3 ~ ~- ~ ~ q z ~. 3 ~ ~ ~ s d : ~r 1 ~ ~In 1 .Z E - ~ 1 ~ r f~! f 1+ ~~ ~ ~s 4 + ~ ~ ~ 4 5 t 7 gJ ~ ~ i h ~~ ~ i i ~ ~~ ~ ~; ! ~ ~ 1 . ~ .. _ a e • requested by the applicant would grant a right or special privilege to the applicant that is not otherwise allowed in the district. Further, there are no undue hardships due to the characteristics of the site that would prevent the applicant from meeting the required setbacks. Council further orders that compliance must be completed by June 30, 2008. By action of the City Council at its regular meeting held on the ~® day of May, 2008. ROLL CALL: COUNCILMAN KEITH BIRD VOTED ~u- COUNCILMAN JOE BORTON VOTED COUNCILMAN CHARLIE ROUNTREE VOTED 1~,2a- COUNCILMAN DAVID ZAREMBA VOTED MAYOR TAMMY de WEERD (TIE BREAKER) ~- VOTED DATED: ~~ ZQ 2OG~ MOTION: APPROVED: = DISAPPROVED: ATTEST: JAY g ~'~ ~ ~ ~ ~ t ~ ~ ~ ~„~ ~~ ent, Public Works Department, Copy served upon Applicant the Plannin a~ ~~ and City Attorney. By, Dated: CJ-' 2-Z'~ City Clerk's Office FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL VARIANCE FOR SILMAN; CASE NO. VAR 08-003 pAGE 4 OF 4 ~# ~ s ;~ k : f ~ ~ t Y , ~ 1 ( E i ' ~ SF S ~ ~ {~y. ~1 f.S ~ ~ ' j. . ~. ~ ~ ~ ~ ~ _ ~ ~. ~ 1 ~ :. 1 ~! e k ~~ { ~ ~ i, ~ ~ ~ ~ ~ ~ ~ i ~ ~ ~ i~ t ~ r~ { ~ ~ ~~ F Y 111 } } J ` ~ y j ~ S f V e 3{ ~ ~ ' I ~ - ~ ~ 4~~ t _1 ~' f i~ 1 /' ~ q F ~ ~ ~j . i S a ~- U~ -i ) f c € t i ~ ~ ~ 5 . i ~r. 37 F ~ - ~ ~ ~,~ i !. f t 4.i ~ } E ~ a - ~ ~ ~ ~ rr CG is y~ ~ i s ~ ~ 2 ~ ~: i 7 ~ f } ~ i i( i ~ 4 4 t ( t 7 + q ~ ~ ~ ~ i ~ ~ 3 ti - t ~v i _= ~ j ~ ~ ~~ ~ S t + ( p ~ f .t ADA COUNTY RECORD~1 J. DAVID NAVARRO AMOUNT .00 16 BOISE IDAHO 061E2108 X02 PM DEPUTY bonnie Oberbilgg III II~I'I~IIIII~'I'II'~"IIII,I) II,II RECORDED-REQUEST OP ir~~05~?95 Meridian City ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Primeland Development Company, LLC, Owner/Developer h This addendum is made and entered into this ~ day of 2008, by and between CITY OF MERIDIAN, a municipal corporation f the State of Idaho, hereafter called CITY, and Primeland Development Company, LLC whose address is 3120 W. Belltower Drive, Suite 100, Meridian, Idaho 83646, hereinafter called OWNERlDEVELOPER. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain DEVELOPMENT AGREEMENT recorded on November 8, 2001 as Instrument # 101117652 on the land described in Exhibit "A" ("Property"). B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement in accordance with the terms in this Addendum, which terms have been approved by the Meridian Planning and Zoning Commission and the Meridian City Council in accordance with Idaho Code Section 67-6511 A. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows: SECTION 3. DEFINITIONS: Modify sub-section 3.6 "Property" to exchude the areas set forth in Exhibit "C" which identifies the Bridgetower Crossing Office and Bridgetower Crossing Commercial properties, respectively. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation ofthe Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This second addendum shall be binding on the ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-014 BRIDGETOWER CROSSING) PAGE 1 OF 4 i ; °¢~ ` ~ i ~ ~~ ' ~ t. 4 ~ {k ~ ,, . ~ ,~ t ,E ce , I C ! , ~ r ff 6 g f i ~ I' i ' I i l F t ~ ~~ F i~~ ~ 7 ~ ;~ {~4 ;ljk E 3. y ~-' ~ ! f ~ f6 j ~ ~ i .~~Y = ~ , ~ ~ I' ~ ~ 1~~j ~ ,! ' ~. ~; t ~;~ ' t ~ if' li ~ ., ~ #! a ~ j ~ ~ s ~ ~., ~ y yyi tl F ~ 7 { r y ~f~ y ~ ~ 4 ~ ~ t , . j~ t 2 i 1 ~ , 3 Y t ~ ~ ?~ c j~ Fj !~ E ~ ! t r ~ ~ '~ f S . ~ ~ f 1 1 ~ j ' f ~ ~ ~ ~ ' ~ ~ ~. ti t + ~ , ~{ ~ ~. .j ~ ` ~ ~ ~ ~ i { k ~ ~ ~ ! ~ ~ ~ ~ . V f ~ is t t ( ~;' l y~ ~ 1 d ( ~ ~ 4 t' f ~t , i OwnerslDevelopers of the Property, each subsequent owner and any other person(s) 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 hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this addendum if City, in its sole and reasonable discretion, had determined that OwneriDevelaper has fully performed its obligations under this Addendum. 4. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This addendum sets forth all promises, inducements, agreements, condition, and understandings between Owners/Developers and City relative to the subject matter herein, and there are no promises, agreements, conditions orunder-standing, either oral or written, express or implied, between Owners/ Developers and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum 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. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the .subject Property herein provided for can be modified or amended within 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. 6. This addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-014 BRIDGETOWER CROSSING) PAGE 2 OF 4 r .~ ~ s ~ „ , ,i ~, r ~ t ~ ;.~~ ,~ ' f ' fi f ~ ? h ' • ' ~ f a ~~ ~~1~ , ~ ~~ i~ + F~ ,i ;_~ ,~- 'x ~~ s s. . T tI s ,~ i ~ ~ , ~ ~ . ~ ~. ~ t# ~~ t ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: PRIMELAND DEVELOPMENT COMPANY, LLC. BY• CITY OF MERIDIAN BY: Mayor Tam y e Weerd ````eau a lu---p--~ Attest: .~'~~``~~`~ '~~~'~. ~o s - EAL Jaycee .Holman, City Clerk ~ y ~'~. 9~ t ts~ • e~ ~tJ~CtY a -f q 11 I1! ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-014 BRIDGETOWER CROSSING) PAGE 3 OF 4 STATE OF IDAHO ) . ss: County of Ada, ) On this ~ day of , 2008, before me, the undersigned, a Notary Public in and for said State, personally ap ared ~fll-~= S • ~+~c~'~ ~ i~~- known or identified to me to be the (~I~ ~ el nr~P r of Primeland Development Company, LLC, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) KIMBERLY WINKLE Notary Public State of Idaho ~` / Notary Public or Id o Residing at: ~ My Commission Expires: /l " ~ STATE OF IDAHO ) ss County of Ada ) t'" On this ZG day of ~~'~ , 2008, before me, a Notary Public, personally appeared Tarnmy de Weerd and Jaycee L. Holman, known 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. 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) ~ ; ' ~ N O,?-`~.G~ • ~ q`. s ~ ~~ s . . ~z• •9 ;~ • ~~ ~ • ~ • ...• Notary Public for Idaho Residing at: ~1~(~V-~ ~ ~~. ~--- Commission expires: ~-~.~'1 ~ ADDENDUM TO DEVELOPMENT AGREEMENT (MI 07-014 BRIDGETOWER CROSSING) PAGE 4 OF 4 r f I -~'€' } ~ ~ ~ { ~ ~~ 1r i~ ~~ i ~ ~ ~ ~ n !~ ! ~ I ~ ~ S ~ 1 { ' ~ S ~ i ~ ' ~ ' ~ f T S ~~ i {5` „7 ~ ~ ~ ~ ~ ~. ~ ~ t s - # ' ~ 1 f ~a, ~ ~ is ~~ ` ~ f ' ° d 'z i ~ 1.~ .r ~ ~ ~ ~ r 999 ~ • f ti kt t ~ ~ f ! ~ ,1 ~' ~ j ~ l~ ~ , p z :~ fi 1 ~ t 4 ~ ~ ' j 3 ~ ; E , ~ ,~, ~ i ~ ~ ; ~ ~ ~ t ~ ~ 1 ~_ ~ ' s i ~ 3i ,y ' ~ ~' ~ d J ,' ~ ~ nx S ~ ~ ~ ~ ~ ` i ( ~ ~ ~ J ~ j } ~ ~ ~ f ~ ~ i ~y ~' 1 i Z t 1 ~ . ~ 1 ~_~ ~ ~ k- ~ • EXHIBIT A Y.eg~al Description Of Propel LEGAL DESCRIPTION FOR PHASE 2 ANNEXATION BRIDGETOWER CROSSING SUBDMSION (R-4} A parcel of land located in Sections 25, 26, 35 and 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commendng at the southeast comer of the W 1/s (South'/4 comer) of Section 3S, Township 4 North, Range 1 West, Boise Meridian; thence N 00°26'55" E 15bb.64 feet along the east line of said W lh to the REAL POINT OF BEGINNING of this description; Thence continuing N 00°26'55" E 2067.95 feet along the east line of said W '/a to a point on the centerline of the White Drain; Along the centerline of the White Drain the following. Thence N 72°59'50" W 203.38 feet to a point; Thence N 75°41' 1 b" W 176.89 feet to a point; Thence N 75°02'48" W 161.23 feet to a point; Thence N 75°56' i S" W 148.03 feet to a point; Thence N 42°37'42" W 130.04 feet to a point; Thence N 40° 18' 13" W 112.51 feet to a point; Thence N 40°13'00" W 114.50 feet to a point; Leaving said centerline: l ~ ~ ~ ! ! 1 { ~ ~ t 7 ~ rti ~ ~~~' f ~~ ~ ~ ~' ~ i t ~ ~ ~' : ~~ F a 4 3 [ ~ ~ ' ~ k !' N~ ,F ~ ~ I ~~ i ~ ~ ~~ Sf , ~ f- t c ~ ~ 9 r r. ~ 7 j r : t p { d ' i i ~ 1 I I ~ i i ' `f i J~r ( C~ 't 3 2 ~ 1 ~ :I ~ # ~ '~ ~ t '' ~ ~ ~ r ~ t ~~ .~. ~ t ~i i a . e ~ ~ t,. ~ A ~ k, ~i SI ~ i l ii ~ ~ E j' } 1 S ' ~ S^ ~ }~} ~q , . } iY Y ~ ~ ~ ~~ 7 rr~~ 1 ~ i '~ -~ ~ ~! ``` f 1 - ~ h, ~ 2 ~ F ~ c •a ~ • Thence N 02°46'51 " E 741.38 feet to a point; Thence N 87°13'09" W 133.08 Feet to a point; Thence N 02°4b'S1" E 473.58 feet to a point on the northerly right-of-way of McMillan Road; Along said northerly right-of--way: Thence S 88°58' 19" E 987.24 feet to a point; Thence S 89°28'07° E 2b50.34 feet to a point on the east right-of-way of Linder Road; Leaving said northerly right-of-way; Thence S 00° 1 S' 1 ?° W 1342.47 feet along said east right-of-way to a point; 'T'hence N 89°19'30" W 1340.02 feet to the southwest comer of the NE'/4 of the NE '/4 of said Section 35; . Thence ~S 00°21'07" W 1314.10 feet•to the southeast corner of the SW 1/4 of the NE '/a; Thence S 00°21'10" W 1319.36 feet to the southeast comer of the NW y4 of the SE t/~; Thence S 89°12'38" E 165.53 feet to a point on the north line of the SE 1/a of the SE'/a; Thence S 00°26'55" W 677.8b feet to a mint; Thence N 89°33'05" ~V 69.15 feet to a point; Thence N 75°05'55" W 501.97 feet to a point; Thence N 48°51'22" W 23.06 feet to a point; ~ ~ ~.. ~ ~ ~ ~~ (' ~ r ~ ~ ~ ~~ t ~ n ( s ~ i r ~ ~ } ~ a 4 ~ ~ } r~ I , ~~v ~ ~ ~ ~ '~ 1 ' j { f I ) f y h ~ i _ I E 1 ] ~ *0 ~ F ~ ~ ~ i ~ ~ ! ~ ~ ` l [ ~ ~ ft ( t~' t` T {~ ~ fit' ~ ~ ~ 4 F •e ~ C '~ t ~' E I ~. ~ rt (' '~ ~ ~ i d~ ` ~ ~ t . ~ ~~ ~ t ~ . - ~ ~ I 1 I , ~ 7 i 1 ~ a ~ S ~ = t ~l~ ~ ~ ~ ! c i ~. ~ f ~ l i .. ~~ 3 . ~ ~ I t i d ~ ~ i ,~ ~ r~ ' • i Ia ~ ~ ~ ~ 3 f f -~ ~ ~ P ~ ~' 5 s r ~ i x } ~~ ~ ~ _ ~ ~ ' ~~ ~ I ~ ~ I ~ ~ ~ ~ ~ i ~ ~ F ~ fi + ~~ I i f I , { l ~ ~ ~ ~F i 1 r ~ i< l ~~ ~. [ r a s ~ ~ ~ 1 ~ ~ ~ `` ~ ~ ~ , ,~ ~~, E }` ~'1 j E ; ~ x i9~' ~ ~ .~ s ~ ~ y t r~ ~ _ v 4 Thence N 50°25'12" W 784.17 feet to a point; Thence N 26°24'21" W 65.90 feet to a point; Thence N 00°26'55" E 21.92 feet to a point; Thence N 39°22'16" W 282.38 feet to a point; Thence N 89°13'05" W 93.37 feet to the REAL POINT OF BEGINNING of this description, said parcel comprising 204,42 acres, more of less. LEGAL DESCRIPTION FOR A-IJNEXATION BRIDGETOWER CROSSIIVG SUBDMSION ~-4) Parcels of land located in Section 35, the NE 1/4 of Section 34, the SE'/4 of Section 27, and the SW i/a of Section 26, Township 4 North, Range 1 West; and the NE'/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: P_ A parcel of land located in the SE ~/a of Section 3S, Township 4 North, Range 1 West; and the NE i/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwest corner of the SE i/a (South y4 corner) of Section 35, To~mship 4 North, Range 1 West, Boise Meridian; thence S 89°i4'22" E 660.60 feet along the south line of said SE ~/a to a point on the existing Meridian City Lunits boundary, the REAL POINT OF BEGINNING of this description; Along the existing Meridian City Limits boundary the following. Thence N 00°45'38" E 65.00 feet to a point; Thence N 31°00'00" W 154.95 feet to a point; 5 ~ ~ p ~ r ~ , ~-2 ~~ ~ e p a ~ I ~,~ i t ~, ~ ~~ s ~ ~' ~ I ~ ~ t t _ ~ 1 G ~ t ~ ~ t r 1 ! ~ ~ } k~ I ~ , ' ~ f S ~ ~ ~ A. t r E ' t ~ ~ ~~ 3 ~~ 1 r ~ ' , } ~ ~ ~ 3 ~ ~ ~~ ,f~~ f r ~ , fi ~ + ~ ~ ~; ~ ,~ ( t } PP - ~ { '~~ _ { C: ^ }$ i ~ , ir, r 4- f ~{ t ~ ~ 4 ~ r - ~ ~ F ' ~ ! iR4~ri { r ~ L~ ~ F ~ ~ ~~ 1 4 ~ ' j .~ _~, F ~ ~ , ~~ }y I , ~ I ~ ~ ~~ , l C~ ! i y 8 { t ~ ~ ~~ . i ~; E ~ ~ , f ~# ~3 E j r{ ~ ~ i ~ q f ~~ gg . ~ -~ ~~ g : i ~ , x i~ (y :~ i Thence N 53°00'00" W 110.00 feet to a point; Thence N. 37°00'00" E 50.00 feet to a point; Thence S 53°00'00" E 102.00 feet to a point; Thence N 37°00'00" E 100.84 feet to a point; Thence N 29°00'00" E 173.b 1 feet to a point; Thence N 350'00" E 140.55 feet to a point; Thence N 25°17'47" E 204.78 feet to a point; Leaving the existing Meridian City Limits boundary; Thence S 48°S 1'22" E 23.06 feet to a point; Thence S 75°05'55" E 501.97 feet to a point; Thence S 89°33'OS" E 69.15 feet to a point; Thence S 00°26'55" W 666.38 feet to a point on the south right-of--way of Ustick Road; Thence N 89°14'22" W 824.53 feet along said south right-of--way to a point on the existing Meridian City Limits boundary; Thence N 00°45'38" E 25.00 feet along the exlsting Meridian City Limits boundary to the REAL POINT OF BEGINNING of this description, said parcel comprising 13.12 acres, more or less. P A parcel of land located in the W'/z of Section 35, the SW '/4 of Section 26, the SE'/4 of Section 27, and the NE'/4 of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly descn'bed as follows: - -- -- .. t ~ ~ ~ z~ t ~ ~i~ r~; ~ ~ y %' { I t j s S ~~ ~ F ~ ., ~ ~ 3 ~ ' ~~ t jt ~ ~ f ~ - ~ ~ s _ Z ~ ~ ~ ' ~ ~~ E ~ .F ..: ~ a~ ~' ! ~ ~' t ~ 6 . ~ r ~ {{ i 1 ~ l ~ ` 3 i ;1 ~ ! ~ ` ' R ~ :~ ; $sI? f ~ ~ ~ C { ~ ~~ 4 ~ ~~ 1 ~ S ~ I _ ~ 3 ! i~ ~ ~~ ~ Y it ' f i ~ ' ~ ` 'i ~ ~ f - 3 i - i t v ~ ~ '1' t '~r ~ t i .. ~- ~ ~ • Commenting at the southeast corner of the W I/z (South '/4 comer) of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence N 00°2b'S5" E 15bb.64 feet along the east line of said W i~ to a point~on the existing Meridian City Limits boundary, the ItEA,L POIlVT OF BEGINNING of this description; Along the existing Meridian City l~,imits boundary the following: Thence N 89°13'05" W 182.95 feet to a point; Thence S 00°26'55" W 237.2$ feet to a point; Thence S 88°00'00" W 16.5 7 feet to a point of curvature; Thence along a curve to the right 20.69 feet, said curve having a radius of 20.00 feet, a delta angle of 59°15'59", tangents of 11.38 feet, and a long chord bearing N 62°22'01" W 19.78 feet to a point; . Thence N 89°13'05" W 52.47 feet to a point; Thence S 10°50'08" E 30.61 feet to a point; Thence N $9°13'09" W 394.74 feet to a point; Leaving the eadsting Meridian City Limits boundary; Thence N 00°33'35" E 1332.93 feet to a point on the south line of the NW ~/4 of said Section 35; Thence N 89°10'54" W 1992.21 feet along said south line to a point on the west right-of--way of Ten Mile Road; Along said west right-of-way: Thence N 00°53' 19" $ 2631.15 feet to a point on the north line of the NE I/4 of Section 34, Township 4 North, Range 1 West, Boise, Meridian; Thence N 00°21'49" E 846.00 feet to a point; c Leaving said west right-of--way; Thence S 88°58'19" E 880.00 feet to a point; Thence S 00°21'49" W 873.00 feet to a point on the south right-of--way of McMillan Road; Thence S 88°58' 19" E 44b.27 feet along said south right-of--way to a point; 'T`hence S 00°40'08" W 1027.74 feet to a point; ' Thence S 73°IS'S5" E 356.10 Feet to a point; Thence S 42°32'55" E 86.96 feet to a point; Thence N 02°46'51 " E 18.66 feet to a point on the centerline of the White Drain; Along said centerline the following: Whence S 40° 13'00" E 1 14.50 feet to a point; Thence S 40°1$'13" E i 12.51 feet to a point; Thence S 42°37'42" E 130.04 feet to a point; Thence S 75°56'15" E 148.03 feet to a point; Thence S 75°02'48" E 163.23 feet to a point; Thence S 75°4I' 16" E 176.89 feet to a point; Thence S 72°59'50" E 203.38 feet to a point on the east line of the W ~/z of said Section 35; Leaving said centerline: ~ (I r ~ I~ ~' j r ' ~a ~ ~ .~ { t ` f J ~ ~ h r:~~ f ~ ~ _ i j 1y i ti~'! j ~i ~1 i_ i iv ~ ~ _~ Fg ~ 1 ~ ' Ni ~ ~~ ~ '~~ c' ~~~ ~' c ~`kE r ~ ~ ' lCk, ~ ~ 1 ~ f ~ S }3 S S t ~ a ~ 4l t~ May 16, 2008 RZ 07-023 MERIDIAN CITY COUNCIL MEETING May 20, 2008 APPLICANT Landmark Engineering & Planning, Inc. ITEM NO. 6-L REQUEST Development Agreement -Request for a Rezone of 0.62 acres from R-4 to an R-8 zone for Blackstone No. 2 - 4700 West Aspen Creek Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See aitached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ~ ~~ ~~ CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~' ~ j i Q Date: Jam- ~ . U Phone: Emailed: Staff Initials: r~. Mate als presented at public me flogs shall become property of the City of Meridian. 1 ~ RECkdV ~IAY 0 ~ 200 332 N. Broadmore W~~~ Of Ii~ersa'~~ & py~~ g,G Nampa, ID 83687 i~ clerk Ol~c~: Ph: (208) 442-6300 • Faz: (208) 466-0944 LETTER OF TRANSMITTAL T0: Meridian City Clerk Tara Green 33 E. Idaho Avenue Meridian, ID 83642 FROM: Lenny Riccio PROJECT N0. C07027 NO. OF ITEMS DESCRIPTION ~ Development Agreement Date: May 6, 2008 PROJECT NAME: Blackstone II REMARKS: j,Q.e.~.i v.sU-mod ~~ L~ R RECEIVED BY: DATE: • ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .~ 41 BOISE IDAF{O 06171108 02:02 PM DEPUTY Bonnie Obsrbii0p I' I I' II"'I I I'I ~) I I II'I" II I'I I I~ I'I~ RECORDED-REQUEST OF 10S0S979G Meridian City DEVELOPMENT AGREEMENT PARTIiES: 1. City of Meridian 2. Projects West, Inc., Owners/Developers TFi~„DEVEL.OPMENT AG1i;EAV1EI~TI' (this Agreement), is made and entered into this ~ day of rr1 2008, by aad betweea City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Projects West, Inc., whose address i$ 2014 Meridian Street, South Puyallup, WA, 98371, hereinafter called O~vNERSlDEVELOPERS. 1. RECITALS: 1.1 WHEREAS, Owrners/Developers arethesoleowners, inlawand/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in fu11, herdnafter referred to as the Property; and 1.Z WHEREAS, I.C. § 67-6511 A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the OwaerJDevelopermake a vvrittencommitment concemingthe use or development of the subject Property; and 1.3 WHEREAS, City has exercised its stattrtory authority by the enactment of Ordinance 11-58-3, which authorizes development agreements upon the amiexation and/or r+e-zoning of land; and 1.4 WHEREAS, Owners/Developers have submitted an application for re-zoning ofthe Property's described in Exhibit A, and has requested a designationofR-8, Medium DensityResidential District (Mtmicipal Code of the City of Meridian); and 1.5 WHEREAS, Owners/Developers made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council; as to how the subject Property will be developed and what improvement will be made; and DEVELOPMENT AGREEMENT (RZ 07.023) BLACKSTONE N0.2 PAGE 1 OF 9 ~~,~ ~~ I ~~ I ~ , ~, ~ ,~ ; ~ ~ ~; n ~ ~ j ~ ~ ~ ,~~ ~ ' ~ ~ , ~ < - I ~ ~ j r. ~ ~~~ ~ ~ t , s 5~. E ~ ~ _ r I ~ i ~ f ~ i ~ t, ~ ~ ~ i{ jay ii ~ E pr~ ui j3a3 E E ~ ~ ~~ I: u ~ Y ' ~ g ~1pi ~ ~ ~ ~ + L ~ ~ t j ~ ( I ~ F I i i i (f{ ~ ~ ~ - i I ! ~ ~ ~~ 4 . ~. ~ f ' , ~ F r f ~ ~ ~ ~~' i 3 i < i~ ~ I i ~~ e E ~ . k . ~ ~ s ~ _ ~ i r ~ ~ ~ . F '. 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, ~ aubseclu~ly before the City Council. include responses of government subdivisions providing services within the City of Meridian planning jurisdictt°n. and received further testimony and comment; and 1.7 WHEREAS. City Council, ~ 1~ day of April, 2008, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth is FxYnbit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter refen~l to as (the Findi~s); and 1.8 WHEREAS, the Findings require the OwnersJDevelopers to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNERS/DEVELOPERS deem it to be in their beat interest to be able , to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Ownets/Developers to enter into a development agreement forthe purpose of ensuring thatthe Property is developed and the subsequent u~ of the Property is in accordance with the terms and conditions of this development agreement, herein being ostablished as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property ov~mers and to ensure re-zoning designation is in a~~ord~ 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 MeridianUnifiedDevelopment Code, Title 11. NOW, THEREFORE, in consideration ofthe covenants and conditions net forth herein, the Parties agrce 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, DEI+'INITiONS: For all purpoxs of this Agreement the following words, terms, and phrases herein contained in this section shall be defi~l and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwix: DEVELOPMENT AC3~ ~ p~.023) BLACKSTONENO.2 PAGE 2 OF 9 ~ j f i I j ~ ~ {1 ~b `~ D. ~ ~ S }}},,, tt i ~ ~ r ~~ i ~ y ~ ~ ' ~_ ~ i'. .4 ~ ~ ~i ~ ~ ' ~ ~1 j ~ t ~ t ~ ~ ~ t ~: f i ~ i : ~ ) i ~ ~ ~ ~ ~ i ~ fl i i ~gi ~ ~ i ; 4 3, r~ _ ~ ~ ~ ~ ~~ t ~ 1 ~ ~ d E i~ i f ~ ~ ~ }~ }. ~ ~ ~ ~ t 7 j+~. ~ i 3ai , ~ ~ 4 ~ . t . f a € ;~ ~; is t ~ ~ -~ t~ ~~ I 4, ~ ~ j ~ i ~ ~. k ~ S1 p ~ ~ ~ r ~ i ~ '. ~ ~ r z ~ r} ~ r f~ ~ ~1 ~ ~ ~'~ ~ ~` , f ~~ ~t - ~~ rj ~~ ~ ~ ~ ~ ~ ~ lo~df ~ ~ , ~ ~~ ~ ~ ~ ~ { ~ ~ ~ ~ ~ # . ~ -. ~ ~ rt~j ~ ~ t ~~ ~~ ~ __ ! '' '~ j~f is _ .. ~'; ~ . U 3.1 CITY: means and refers to the City of Meridian, a pony ~ this Agreement, which is a municipal Corporation and government sul~ivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. . 3.2 OWNERS/DEVELOPERS: means and refers to Projects West, Inc., whose address is 2014 Meridian Street, Puyallup, WA 98371, the parties that owns aad is developing said Property and shall include any subsegtarnt owner(s) or developer(s) of the PropeTh-• 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described ~ Fxlu'bit A descn'bingtheparcels to be re-zoned R-8, Mediimn 1)enSitY Residential District, attached hereto and by this reference incorporated herein as if set forth at length. 4, USES PERMUTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified atMeridian Unified Developme~ Cale § 11•ZA which are herein specified as follows: Construction of3 resldentlallors in diep~p~B-8~dlan on .62 ocres and the ptrtiuutt prov~tslo f ~' f Courp~+ehenslve Plan m-e apps to this 8Z 07-UZ3 a~ppG'c~n. 4.2 No change in the uses s~ified in this Agreement slarll be allowed without modification of this Agreement. S, CONDITIONS GO~RNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. pymers/Developers shall developthePropertYinacxo~ncew~the following special conditions: The subject site shall develop only with single family homes; one per lot, totaling a maximum of three homes/lots. Said homes shall substantially comply with the elevations in Exhibit C. 6, COMPLIANCEPERIOD/CONSENT TO REZONE ~e~ the commitments contained herein shall be terminated, and the zoning g~ upon a default of the Q~vaers/Developera or Owners'lDevelopers' heirs, s~~ ~il3~ to comply with Sextion 5 entitled "Conditions Cloveming DevelopmentofSubjectProperly' ofthis agreementwithiatwo years ofthe date this Agreement is effective, and aRerthe City DEVELOPMENT AGREEMENT (RZ 07'023) B1-~-C~TONE NO.2 PAGE 3 OF 9 -' + Ftk{[~ t k; r ~', s; ,~ { j ~~ ~ j ~ '~ ~ r ~~Q s t y ss ] j {~ I~, 1 . ~ ~ ' ~ {i - ~ ;i ~ L ~ }Yj ` r ~ is ~ t + i ` i.' ~ ~ ~ ~ti•{ 4-. ' ?' + ii ~ 4 . , l i - ~ ': f 4 Y I I ~ ~i f ~ I gt, ~~~ ~ t I _ ~ ,1~ ~ ~a ~ I y k +~ {Y~4 l , J f 7 ~~ 11 a11yy~~ZC ~ ~~~ p Y ; ' jj1 ~ ~~ ~ ~ ~~y+ ~ ~ S i. ~ 8 2.i 3~, • i (, , ,1~ {. i ~' :t. :: 7 Il s k l 4 ~ ~ ti ~I ~, ~~ ~ 4' { o ~ has complied with the notice and hearing procedures as outlined in Idaho Code § 67-b509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: OwnersJDevelopers consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 Thatthe Cityprovidewrittennotice ofanyfailuretocomplywiththis Agreement to Owners/Developers and ifthe Owners/Developers fail to cure such failm+e within six (6) morrths of such notice. 8. INSPECTION: Owners/Developers shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreeme~ 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 Developme~ Agreemen anti all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Owners/Developers, or Owners'/Developers' 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 Agroement 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 Owners/Developers of any one 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 comedies of City or apply to any subsequenR breach of any such or other covenants and conditions. 1111 ', 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owners'/Developers' cost, and submit proofofsuchrecording to Owners/Developers, prior tothethird rceding ofthe MeridianZoningOrdinance inconnection witirthe re-zoning ofthe Properly by the City Council. If for any ream after such recordation,the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. DEVELOPMENT AC3REEMEN'f (RZ 07-023) BLACKSTONE N0.2 PAGE 4 OF 9 ~i~ t ' 7 ~ ~ . ~ ~, , ~ ~ ,, j j i ~ , ,~~`~ j ~ ~ i _ ~ ~ ~{~~ ; kr i ~' , ~ ' 1f~~ 3 f ~~ { ~ j ~ ~€ ,, ~ ~, r ~ , ~~ ~ ~ ~~ ~ ' i ~ ~, i i t ~ ~ f i ` ~ ~ ~ i 7 t; ~ < ( `= I ~ ~~ I 3 x ti { ~ G 3-: ~ I t f s i. I": ~~ ,i g '~ i~i~! ~ ~E ~~, { I", E I • 11. ZONING: City shall, followingrecordationoftlu dulyapprm-edABreem~, enact a valid and binding ordinance zoning the PiOP~' ~ s~cified herein. 12. REMEDIES: Tins Agreementshallbeenforceableinanycourtofcompetent jurisdictionby either City or Q~vnersJDevelopers, orby any suaxssor or sin's intitle or action at by the assigns of the parties hereto. Enforcement may be aught by an appropriate . law or inequityto securethe specific performance ofthe covenants, agreemerds, c°ndmons, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, ~ 1~~ agrees that City and Owners/Developers shall have thirty (30) days after delivery of notice of said breach to correctthe same priorto the non breaching party's seeking of nay remedy provides for herein; provided, however, that in the case of any such defrailt which cannot with diligence be cured within such thirty (30) daY 1?~~ ~ ~ defaulting party shall commence to cure the same within such thirty (30) day period sad ther~fter shall prose~ude 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 ~ performed hereunder by either Owners/Developers 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 di~bedience, strikes or similar causes, the time for such performance shall, be extended by the amount of time of such delay. I3. SURETY OF PERFORMANCE: 'The City may otiable bonds, as allowed irrevocable letters of credit, cash deposits. certified check or neg under Meridian City Code § 11-5-C, to insure that installation of the improvements, which ~ Ow~rs/Developers agrees to provide. if reyu~d by the City. 14. CERTIFICATE OF OCCUPANCY: ~ its are completed the no Certifies of Q-ccupancy will be issued until all improv ~ ~~ the City and Developers/Owners ~m~ devenlop~; and in anyevent, no Cerhfi of improvements will p P Occupancy shall be issued in any phase in which the impr+evements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL C1iTY ORDINANCES: That Owners/Developers 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 DEVELOPMENT AGE (~ 07.023) BLACKSTONE N0.2 PAGE S OF 9 contained inthe Findings of Feet a~ Conclusions ofLaw,this Developmerrt Agreement, and the Ordinances of the City of Meridian. NOTICES: Any Mice desired by the unties and/or required by 16. delivered orthree (3) days after Agreement shall be deemed delivered if and when personally depositinthe United Stag Mail, registered or certifiedmail, Postage prepaid, returnreceipt requeshed, addressed as follows: CITY: c% City Engiaee~r City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNLR/DEVELOPER Projects Nest, Inc. 2014 Meridian Street Puyallup, WA 98371 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 prevailin8 patty shell be entitled, is additionto any other relief as may be giaated, to court costs and reasonable attorney's f~ as determined by a Court of competent jurisdiction. This Provision shall be deemed to be a separate contract between the patties sad shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE E~SENCEs The parties hereto acknowledge and agree teat time is strictly of the essence with respect to each and every term, condition and provision hereof; andthatthe failure to timelyperform any ofthe obligationshereundersl:all constitute a breach of and a default wader this Agreement by the other parry so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreeme~ shall be binding upon aad inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office owner Agreementshallbebindingonthe Owaer/DeveloperoftheProperiy,each~ 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 an3- sale or DEVELOPMENT AGREEMENT (RZ 07-023) BI,ACKSTONE N0.2 PAGE 6 OF 9 f }_ f 1 / J Gi Yx ;.. ~~ µ ~ r ~ ~ i ~ ~' l l ~ ~~ ~ ~ ~s~ c ' l ~~ i ~ ~ ~~ ' . ~~: e ,. ~ ~ [" ~ f ' ~ y a_ ~ ~~ 6 1 9. _ ~ ; r ~ ` ~ ,; f ~S# 1~ 1 ` ~ b, ~ ~ F~ r' ~ ~'I t ~ ~ ~ x t? ~ ~ r ~ ~ ~ ~ S ~ ]} }] ~ `f~ ~ S ~~ ~ ~ pe 1 y w i 7 1 i ` , t ~ r , ¢{ t. € ~ ~ ! s, •~s:. ~; d F. .. Tir. f i { 1 i I } ~ I ~ [) ~ ~+ 11 11~ I :k .~ ' ' ~ 1~~ ~ t , S [ I I i ` f ~ ~ r {~ i ~ ~ ~, ~ ~~ i ~ f ~, I~ k F ~ ! I j ~~ ~ ~ 1 F , f t ~ ` t ~ S I t ~ I ' ! y r v ' ~ . . ~ ~ +t ~ E ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ,.Y I ~ ~ 1 i~ . ' ~~ ~ ~ , r ~' ~ il ~ ' < ~ 1 i ~ < • alienation shall be subject to the provisions hereof sad any successor owner' or owners shall be bothbenefited andboundby the conditions andrestrictionshereinexpressed. Cityagrees, ~ written request of Owner/Developer, to execute appropriate and, recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developerhns fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid b a court of competed jurisdiction, such provision shall be deemed to be excised from y this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: 'This Agreement xts forth aU promises. inducements, agreements, condition and understandings between Ownedl~veloper and City relative to the subject matter hereof sad there are no promises, agreements, conditions or understanding, either oral or written, express or implied, betv~een Ovvner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequ~ 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, ~d pursuant, withrespect to City, to a duly adopted ordinance or r+esolutioa of City. Zl.l No condition governing the ups and/or condrttons g°Y~g m"zO~ ofthe subjectProgeriy hereinprovided for can be modified or amendedwithoutthe approval of the City Council afterthe Cityhas conducted public berg(s) in accordance with the notice provisions provided for a zoning designation andlor amendment in force at the time of the proposed amendmen. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be endive on the date the Meridian City Council shall adopt the amendment to the Meridian Zonrng Ordinance in connection withthe annexation and zoning ofthe Property aadexecuvon ofthe Mayor and City Clerk. DEVELOPMENT AGREEIVIENT (RZ 07-023) BLACKSTONE N0.2 PAGE 7 OP 9 F" k ~] d ~ ~ '~ ~ 0 a e ~ , u~ ~ ~ i (~ i i ` ~~~ ,,i } ~ ~ J ~ ~ ; - r ~ ~c A I l ~ s .t, ~ g ~3 ~ t, i ,~. ~ ~ ~ ,f ~ ~ .} } t '~ '' ~ ~ ~ ~ ~ ~ ~ ' f ~ k ~ '~ ~ 'c : $ ~ f~ti ~ E II ~. x ~ ~ ~ ~ ~ ~ c; ~Y p j 22 t ~` ~ F 6 61t ~ 1' ~ k L~ r. I ~ ~ ~ ~ 5 ~ ~ S ~ . i't ~ .r i i ~ ~I r ~ ~ ~ ~ I i rl ~ t . ~ ' ~ ~ ~ fi ' ~ ~~ ~ $' ~ ~ . j ~ 1~ L. .t i ) ~ ~ ~ t ~~ F ~~~ ~ ~ ~ ( : ~ i - ~ ~ ~ t~ i ~ ~t ~ ~. i , ~i ~ ~ ~! ~ ~ ~ ! h ~ ~ ~ I i E °b ~~ ~ 1 ! ~ ~~. 1 ~ t `f ~ ~ i i ~~ i i i ? t i • AcxivowLEnG,vnErrrs IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWrTERS/DEVELOPERS PROJE WEST, INC. ~. By: CITY OF MERIDIAN ATTEST: !f '~ L'1 G i ." 3AYC L. HOLMAN, CITY B ." Y' MAYOR T de ~~ ~ ~ ~. ~~' y t t~ . P •- ~ ~. DEVELOFMENT AGREEMENT (RZ 07-023) BLACKSTONE N0.2 PAGE 8 OF 9 ~ :~ ~ ~ ~, t ~{l ~( £ ~ ' ~ i ~ ~; ~r '3 t ~ ~~~' 1 s~ ~ ~ ~ V fS t ti i t ~ ~ a, } ~ i ~ ~. { t ~ ~ G l 7 ii y `'~ a j t x, ` e ~ 1 c I 1 , r s t ,~ ~ Yb ~ i F,` t r ` c~ ' M F ~i +i" I ~ _ i ~ I . , . iE ~ i ~ ~~~ ~ ~~ _~ - { r ~~ ~ 1 _ ~d xS`. F i .t i ~~ ~ a ~ .. ~ 1 ~ { k ~ of y~ ~ i ~ ` ~ :t i- ~ c ~ 1 Y I i ~: ~ A }7 1 ~ t r < r 1 ' ~ I ' ~ ~ - ~ ~ j L ~f t ~ ~ ~~ , ,~ ~ . ~ ~ 1,4 s ~~ ~ € i 2t ~ ;` r ~ '~ 5 ~~ i i~ ~ • ~ • f ~? . i €{'. s ~; E, STATE OF ) .. s County of PI e i~c~. , ) On this i'+ day of _ a 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared ~ ~ t M. ~,i wn~v.s-Fer known or identified to me to l~ the ~res id2,,n-~ of Projects West, Inc. and the person who signed the above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WI~REOF, I have hereunto set my hand and affixed my official seal the day and year is this certificate first above written. ~5~\Sg\oN~c,~AF,f (SEAL) ~~v~' o~ ~QTAq ~N' ~N~ .~ cUBUZO`Q, ., ~ h 6;.... ~~, STATE OF IDAHO ) ss County of Ada ) c ~~" (,~j c Notary Public for ~1Q~, h ~ rn-Fr-h Residing at: ~u a (I' u My Commission xpires•v3 -o b -~ o On this ~ day of 2008, before me, a Notary Public, personally appeared Tammy de Weerd and Ja cee L. Holman., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my head and affixed my official seal the day and year in this certificate first above written. ~....... (SEAL) ; '~,,,~',~.~; Notary Public or Idaho , , Residing at: ~Ci~ ~~,~ , ~ ~ • Commission expires• -G11-I 1 r ~ ~ • ~`. • • .~~pF.:Dptj-~. DEVELOPMENT AGREEMENT (RZ 07-U23) BLACKSTONE N0.2 PAGE 9 OF 9 i ~ , ' ~ 1~ ~t~~ a F ~ ° ,~ 3 r ~~ ~ ~ ~ ~ #i. ~~, al ~ 3 i ~ . 3 k J ~ ~ `~ ~ ~f '~f` i 1 ~ ~ €I t 1 t ` i ~ rk ~r ~ z E ':. E. ~ ,~ ~ ' s j ~~~ I ~ "~ I~ {' f" !l '1 ~ ~ i I' ~~~ ~' I ~` ~ ' ~, ~ ~ p i ~ j f, I F ~ A ' ~ '4 ? i 6 1 I ) FIS~ ..~ ~~ ~ I ~~ ~ I i , f . ~ ~' ~ ?, i . ,' ~ ~ ~ ' ~ k jai ~ . # i ~ I ~ ~ {3 , I , ~~ i M 1 ~ i , I! ~ . ~; ~ t r i ~ ' ~ ~~ ~ ; ~ ~ ~ i ~ ~ ~ ZONING LEGAI.~ DESCRIx'TION B~,ACKSTON~ svs~s~oN No. 2 A parcel of land located in the NW 1/4 of Section l0, Township 3 North, Range 1 Watt - 13oise Meridian, City of Meridian, Ada County, Idaho being tat 5, D1ock 1 of Blackstone Snbdiv4sion as recorded in Book 82 at Page 8947 through 8949 of Plats, Ada County, Idaho and also a porpon of N. Tessa Avenue and W. Asltert Creek Street Right-of Ways, mare ~rticularly described as follows: - Cmm~tencing at a 5/8 inch iron r+od ntarkir~g the Northwest corner of said Section 10; Thence along the North line of the said NW 114, South $9° 40' 23" " `b 68.44 feat; 'Thence [eaving mid North line, South 0° 19' 37" West, 74.93 f¢et to a 5/$ inch iron rod marking the Northwest corner of said Lot S and the 1'01NT OF BEGINNING; Thence along the boundary of said L,ot S the following courses: South, 89° 38' 12" Ea.4t, 212,73 feet is a 5/8 inch iron rod; Tl~tce Sor~tlt Q° 17' 30" West. 86.00 feet to a 5/8 inch imn rod; Thence South 55° 18' 3tS" last; 48.79 feet=to-e 5%8~inch Iran rod nn the Northwesterly Bight-ol=Way oi`N.1'essa Ave.'/ W. Aspen Creels Stmt; Thence leaving said boundary of Lot S, South SS° 18' 38" l~..aist, 357 feint to a point cf nontangency; 'T'hence 48.12 fact along a 25.75 foot radii saliva to •thal~ through a central Sae of 107° 04' 04" the chord of which bears South 48° 48' 16" Wed. 41.42 feet to a point of non-tangency; Thence North 54° 56' 29" West, 29.01 feet to a roi-nt oea the Northwesterly Right-of-Way of ~1. Tessa Avc. / W. Aspen Creek Street; Thence alor:}t the boundary of said Lot S the fnllawing eoursos; Thence North S4° 56' 29" West, 58.18 feet to a 5!8 inch iron rod; Thence South 89° 55' 3b" West, 48.92 feet to a S/8 inch iron ~; ~~ South 0° 04' 24" fast, 33.20 feet; Thence South 89° 55' 36" West, 131.99 feet to a 5/8 inch iron rod: Thence North 0° Ob' 35" West, 127.31 fcet to the NOIAIT OF I3E,GiNNING. Said parcel contains 26,874 ~. ft. or 0.62 acres. rxiore or less, and is subject to any and aEl easements and/or rights-oiwway of record. NOTE: This description is to be used for zoning purposes orriy. It is in no way intended to be used for transfer of till®. ~eE1ilEW BY ` .~~~ U~ . Mtn 1.:1pro~ecl files~C070271.SurveyILEGA4 DESCRIi'T[ONS181ackstane?_7~NING 12210~CS.dac ~' ,~~~ ,~ ii ~ ~.~ ~ ; = 1 ; ~~~ ,~ 3,, r 4 r +I ~~~ " } ~:. ~l ~; i I~ ~~ ~~ ~ _ ir~ S ~ ti ~, , , g ~~ 3. ! ~ ~ ,~° i f: .:I: i~ ~ ~ - i, ; 1 . ~ ~ i' ~ ;~~ t ,: L: f ~~. w- ~ y , C-, ~f{;' i • ~ • CITY OF MERIDIAN ~yr~r~,/I~'i ~~~~ FINDINGS OF FACT, CONCLUSIONS `~ ~ ~' [p A H Q OF LAW AND DECISION & ORDER In the Matter of Rezone 0.62 acre's from R-4 (Medium low Density Residential) to R 8 (Medium Density Residential) AND Combined Preliminary /Final Plat of 3 residential lots located in an R-8 zoning district for Blackstone No. 2, by Landmark Engineering and Planning, Inc. Case No(s). RZ-07-023 and PFP-07-004 For the City Council Hearing Date of: March 18, 2008 (FYnding~ on the April 1, 2008 City Council agenda) . A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 18, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 18, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 18, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 18, 2008 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code {I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and aU current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Flan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-U7-023 and PFP-07-Ot~4 1 s ,r ~< • ~1. Due consideration has been given to the comment{s} received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. Ix is found public facilities and services required by the proposed development will not irripose expense upon the public if the attached conditions of approval are imposed. 6. That the Cisty has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Final Plat and the Conditions of Approval all in the attached Staff Report for the hearing date of March 18, 2008 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidences by having submitted the Preliminary Plat dated 11/20/2007 is hereby conditionally approved; 2. The applicant's Final Plat as evidenced by having submitted the Final Plat dated 2/15/2008 is hereby conditionally approved; 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of March 18, 2008 incorporated by reference. 4. A Development Agreement is required with approval of the subject Rezone application and shall include the provisions noted in the attached Staff Report for the hearing date of March 18, 2008 incorporated by reference. D. Alotice of Applicable Tune Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and Sna1 plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved prelinminary plat, such segments, if submitted within sucr~sive intervals of eighteen CITY OF MERIDIAN FIND}1VGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-023 and PFP-07-044 -2- ~ jpsp ! 1 P ~ z ~ f ~~ ~~ } ~ ~' ~~ << ~~ ~ ~ i ~ ~ {E i ~ ~ +, y' ~ i yy ~p~ ~ S i I •~ E a pis ~ 3 ~ ~ ~ F ~ ~~ ! t '. a' ~ i ' .' ~ I 4 t ~ t ~ ~~ i ~ ((( ~ +. 1 . ~ i ' i r 1 S ~. t ~ ~' 1 ~ ~~ E ~ L ~ (f v ~ '~ } f ' , { € ~ j , I ~, r ~~' ~ I , Ic i , ~, j~ ~, ~: ~ z 5 ' flT ~ i~ !. x ~ `~% ~ r~ ! S ~ ~ ~ ~ p ~ _{ ~ ~ > € i i i ; i~€~ t 4 f H 1 ~' ~ f' ~' ~ z ~ ~ s ;F , r. -.z ~r ~5. ~ r ~ ~ ~~ i, c (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the tentnination of the period in accord with 11-6~B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be requires to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28)~ days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6522 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of March 18, 2008 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-923 and PFP-07-OU4 -3- e i€ a ~Fe ~~ ~ i~ ~ IS S t ~ {j ! ~ 7~7 j 1~ ~ ij ~ k ~~ s}S ~ fl 3 ~' ~ ~ ; ~ ~ : ~ , t ~ ~ ~ ~ {t ,. ,~ ~ ~~ ~ ;~ ; s ~~ ~ { ~ ~ ~ }'~,. k 1 1 ~ ~ t ~ i h i ~ i i I I gr ~ :{~ ' ~_. ~ ~ ` ~ ~ t 1 ~ 2 ~ ~ 3 ~ ~ i E I~ ~ ~~ ~ € _ ~ IF ~ 'a is I, ' ~~j~ ~ ~ ,, , ~~ ~ ~`~' ~. ' ~_ ~~~ ~~ii ;y ; ~ ~ gg 5 ~ ~ ~' + ~ P~ ~ i ~y ~ 11 _ i t ~ ' ~ ~ I , ~~ ~ :, ~~~~ ~~~, ~ ~ ~ By action of the City Council at its regular Meeting held on the ~~ day of ~Iri ~ ,coos. COUNCIL MEMBER DAVID ZAREMBA VOTED~^ COUNCII, MEMBER JOE BORTON VOTED l COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIltD MAYOR TAMMY de WEERD (TIE BREAKER) ~/ a`~y '~ .~ Attest: `'~ `_ ~~L l Jaycee olrnan, City Clerk % .~ r ~ ,'~~~ ~i ' Copy served upon Applicant, The Plann%i~~'1'J~}~ne~nt, Attorney. VOTED~J 0 e VOTED ~, l a VOTED ""' Weerd Public Works Department and City By: Dated: ~' ~ ~ ~ rty Clerk's Office CITY OF MERIDIAN FI~IVDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-023 and PFP-09-004 -4- ! c t ~i ~~~ ~~ ~ ik ~ ~ t n~ L: ~ ~ i ~ f' ~ ,j ~ 1 ~ l r ~ ,1 li ~ I ~ { t i s 3j 1 t ~ r :i} ~~}; I~ rf /. j ~ ~ ~`.k ~I ' ~ ! 5 11 ' j ~~. ; ~ ~ ~ ~ ~ ~" ~ S { ~Ji~ ~ i ~ E ~ ~ ~ ) ~ < 't ;~7 ~~~~ a F ~ ~ 7 ~,if i. ~ ;j, r r ~~ I ~ 1~ r ~ ~! yy i 1 ¢ d6 ~~ ~ t ~ ~ s i ~~ i ~ ~ 2 c 1~ = . ~' ' s {[ i z ~~ ~ IF ~ i ~ ~ ~~' i~ ~ t x ri ~5 r {~ ~ .~~rn 1 I * ) z 3 t j [ f " ~ ! ~ ~ ~ ~ r ~ i ~ ~ ~` ~ k~ ~ F 6 1.~ ~ ~`{n 1. k' ' ,~ ~ ~ ~ f S F ~ t ~ ~' ~. ~ .~14 ~( ~. '. ':~ '. ~~... -z'~.:. ,.1~, :~ 9 I.: ~., i•~ ;rA 7 '. -. I" .i ~. T .~~ C1TY OF MER>D1AN PLANNING DEPARTMENT STAFF REPORT FOR THE H~EARIIVG DATE OF MARCH 18, 2008 STAFF REPORT Hearing Date: March 18, 2008 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 8845533 SUBJECT: Blackstone No.2 • RZ-07-023 ~( II7nAN Rezone 0.62 acres from R-4 (Medium-low Density Residential) to R-8 (Medium Density Residential), by Landmark Engineering and Planning, Inc. • PPP-07004 Combined Preliminary/Final Plat of 3 residentiai lots located in a proposed R- 8zoning district, by Landmark Engineering and Planning, Inc. 1. SUbIIVIARY DESCRIPTION OF APPLICANT'S REQUEST At tj~e December ZO 2007 hearing the Planning and Zoning Commission continued the project to allow the applicant time to submit a rezone application to the Planning D,gpartment because the site did not conform to the densit~regnirements of the R-4 zoning district Tl~e Commission felt this was a unique situation where you have a proiect that complies with all of the dimensional standards however cannot meet the density requirements The Commision determined rezoning the grotxrtv to an R-8 zone would allow the project to conform •to the UDC The Comprehensive Plan designation for the site allows a range of 3 to 8 dwelling units to the acre and support,5 a rezone of the property from R-4 to R-8 However the comprehensive plan only serves as a guide for future residential develo~ment• the zoning district dictates the density, uses' and dimensionai standards for an individual site Except for the gross density the proposed proiect does comply with the dunensional standards of the R-4 zoning district The applicant, Landmark Engineering and Planning, Inc., has applied for a Rezone of 0.62 acres from R-4 (Medium-low Density Residential) to R-8 (Medium Density Residential) and a combined Preliminary/Final Plat (PFP) approval of 3single-family residential building lots on 0.59 acres of land for Blackstone Subdivision No. 2. The subject project contains a gross density of 5.1 dwelling units to the acre and the maximum density allowed in an R-4 zone is 4 dwelling units to the acre (fir UDC 11 2A-1). The applicant is requesting approval to rezone the subject site to an R-8 zone to comply with the density requirements of the UDC. The subject site is located at 47~ W. Aspen Creek Street in Section 10, Township 3 North, Range 1 West. This property is currently referenced as Assessor's Parcel Number 80988770050 and was previously platted with the Blackstone Subdivision (fka. English Gardens Subdivision), Lot 5, Block 1, in the City of Meridian. The City's Comprehensive Plan Future Land Use Map designates the subject property as medium-density residential and is currently zoned R-4. The subject development is eligible for a combined preliminary /final plat application because the proposed subdivision does not exceed four lots, there are no new streets being dedicated or widened, and this development is not located within a floodplain, hillside, or the like (UDC 11- 6B-4A). The subject property is within the City's Area of Impact aad witlun the existing corporate boundaries of the City. Blackstone No. 2 (PFP-0'7-004) PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARI~DATE OF MARCH 18, 20U8 2. SUMMARY RECOMMENDATION 'The subject applications (TtZ-0?-023 and PFP-07-004) were submitted to the Plamung Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the ltZ and PFP applications. At the December 20, 2007 hearing, Staff recommended approval of the preliminary plat for two buildable lots and denial of the final plat. Staff is now recommending that the RZ and PFP applications be approved with the conditions listed in Ezhibit B of the staff report. approval of the subject PFP~ad RZ request. a. Snmmar~of Commission Publlc Hearing: !s In favor: Lenny Riccio. Chris Todd. Joan Carpenter. Pahl Edminster ii. In opposition• None iii. Commenting: None iv. Written testimony:. None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Caleb Hood. Ted Baird b. Key Issue(s) of Discussion by Commission: ~. The five foot landscaping adiacent to the common driveway ii. Stubbing to the common driveway on the south side of the property. Future access on Black Cat for the parcel south of the proposed development if the proiect is not required to stub the common driveway. iii. The density requirement of the R-4 zoning district. iv. Rezoning the property from R-4 to R-$ to comply with the density reaairements of the UDC. v. The number of homes that can take access from a common driveway in accordance with the UDC. c. Kev Commission Change(s) to Staff Recommendation: i. None d. Ontstaading Issue(s) for City Council: i. Future access on Black Cat for the pa r~cel soath of the p,~roposed development B tge subieet property doesldoes not provide internal Qo access. '1'he~ sn City Co ~n .ii beard these items on Mar h 18.2(108_ At he nnbLic h ring th .o ne 1 annroved the s ubject RZ and PEP rem ~ ~ m mary of City Cot!n :! Pnbli Hea ng: In favor: Lenny Riccio. ~i In onnosition• None ~ Co mentino: None {may Written testimony: None yam, toff nresen • na ono ic+!tion: nna nninv ~. her staff co m n ng on aonlicatio :None Kev Issues of Discussion by Council: ~ P rm~ted ~d Conditioeal n ~ Mowed in the R-4 versus the R~ z~ inn ji. ~velonment agreement for the site. -- ,~ Kev Council Cbana~ to Staff/Co misdon Reco mendAtion Blackstone No. 2 (PFP=07-004) k 3 E ~ ~~ ~ ~;~ ~. }, a i d rt i . 1 ;~7. ' i ~ ~ # ~ ~~~ ~ ~ ~ , i ~ t i I f j ~ ~ ~ ~ t~ ~ ~~ ~ 111 ~ ~ c~;~ ~ ~ . i : ~' ~ { ~' ; ~~:~ I ~;, ~: {. E ~ ' ~ ~ ~~c ~ i t t V 7 ~ 3 ~ ~ = i#r ~ ~ ~ • II- 1~ ~ 4 ~ , ~r ~ 2 ~iK ktF F t i ~ ~~; i. ~ ~ ~ { i' ~ ~ • ~ ~. i ' •M ~4, f s c . v p PAGE 2 i; d ~ al ~ d~`! ~ ~: -~ i ~ i t, ~ ~ ~~ ! ~ . ~ y € ti I i t1 : } r ~ ~ • f ~1 { ' _ ~1 ~ ~~~ t ~ ~ ; ..~' ~' i 3 ~ . , ~1 ~~ ~ 1 E ~~ g ~ ~ I ~, y i t i i p I ~~ ~ ~'~ i ~ '. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008 ~ ano n for "n-•"ons`-• ~ - ~ -f tree s:~al fa iiv homes. as nronosed. See Cond_itioq~.i.2 n : hibi_t B helow. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testunony, I move to approve File Numbers RZ- 07-023 and PFP-07-004 as presented in the staff report for the hearing date of March 18, 2008, with the following modifications to the conditions of approval: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-07- 023 and PFP-07-004 as presented during the hearing on March 18, 2008, for the following reasons: (State specific reasons for denial of the preliminary and/or final plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers RZ-07-023 and PFP-07-004 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 4700 W. Aspen Creek Street Section 10, T.3N., R.1 W. b. Applicant: Landmark Engineering and Planning, Inc. 332 N. Broadmore Way, Nampa, ID 83687 c. Owner. Projects West, Inc. 2014 Meridian Street South Puyallup, WA 98371 d. Representative: Same as applicant e. Present Zoning: R-4 £ Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant, Landmark Engineering and Planning, Inc., has applied for a combined Preliminary/Final Plat (PFP) approval of 3single-family residential building lots on 0.59 acres of land for Blackstone Subdivision No. 2. The gross density for the subdivision is 5.1 dwelling units per acre. 1. Preliminary Plat, labeled Sheet 1, Landmark Engineering and Planning, Inc., dated 11/06/07 (attached in Exhibit A) 2. Final Plat, labeled Sheet 1, Landmark Engineering and Planning, Inc., dated 11/02/07 Blackstone No. 2(PFP-07-004) ~~ PAGE 3 ~; 4 :~ ;f S. 4 .' ~ 1 {J ~,~, ;, ; ,. i. ~. ~~ ~, is ; , ; ~. .~ a, i. t ~ , ~r ~i ~I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI+E HEAR1 G DATE OF MARCH 18, 2008 (attached in Exhibit A) 3. Landscape Plan, labeled Sheet 1, prepared by Landmark Engineering and Planning, Inc., dated 9/25/07 (attached in Exhibit A) h. Applicant's StatemendJustification: The Blackstone No. 2 project is requesting approval of 3 residential lots within the existing Blackstone Subdivision. The three proposed lots will share a common driveway and will aces onto W.Aspen Creek Street, an extsttng public street within the Blackstone Subdivision. The existing perimeter landscaping is adjacent to Black cat and Cherry Lane and the proposed lots will conform to the R-4 zoning district standards. The site is expected to develop with single fanuly residences similar to the existing homes in the vicinity. It is the intent of the developer to construct a development that is of the utmost quality and is harmonious to the surrounding single family developments. s_ rROCESS FACTS c. The subject application will in fact constitute a rezone as determined by City Ordtnance. BY reason of the provisions of UDC 11-SB-3, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. d. Newspaper notifications published on: December 3, 2007 and December 17, 2007 for the preliminary/final plat (Planning and Zoning Conunission); January 21 2008 and February 4. 2008 for the rezone February 25 2008 and Marcb 10 2008 (Gifu Conn_ e. Radius notices mailed to properties within 300 feet on: November 21, 2007 for the preliminary/final plat (Planning and Zoning Commission); January 11 2008 for the rezone: Febrnarv 22 2008 (C onn f. Applicant posted notice on site by: December 10, 2007 for the preliminary/final plat (Planning and Zoning Commission); J uarv 28 2408 for the rezone• Marcb 8 2008 (Cih- Conncill a. The subject application will, in fact, constitute a preliminary plat,. as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Planning Commission and the City Council on this matter. b. The subject application will, in fact, constitute a .final plat, as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Planning Commission and the City Council on this matter. 6. LAND USE a. Existing Lattd Use(s): A vacant residential lot. b. Description of Character of Surrounding Area: Single-family residential uses are adjacent to the north, south and east of the site with Ada County rural land to the east. This area is rapidly transitioning from rural to urban. c. Adjacent Laud Use and Zoning: 1. North: Mill Iron Place Subdivision, zoned R-4 2. East: Single family residential (Blackstone Subdivision), zoned R-4 3. South: Single-family residential homes (Coral Creek Subdivision and Blackstone Subdivision), zoned R-4 4. West: Single family residential/Pasture land, (Crestwood Subdivision), zoned RUT (Ada County) d. History of Previous Actions: The subject site was platted as Lot S, Block 1, with the Blackstone No. 2 (PFP-U7-004) ~ ~' i° yy ~' f! $ ~, ' PAGE 4 ~ ~ s I . ir'ta ~ ,~ , ~ I r ~ ~ ~ ~ -~ i;~ t F ~ ~ t ~~ ' i ,.~ ~~ ~ t f ~ ~ ~ 6 ~ r i . ~ 1 ~ I~ ~ t i ~ ,.. i,' ~~ ~ ~~r I { `~ ~ ~ r' ~ ~ ~ S 3 t I! ^ .. ~i 55~ j ~ L I )f $~ ~ jf) _ 1 ~ 1 1 ~ FFF 11 I ~ ~ ~ t s I _ ` ~~ Y i * ~ I ` ~ ' ~F -. 1 1 1 F§ t pp ~ ~ 3 L ' ~ ~ 1~y~ r w ~ 3 11 ~ f ~Y ~ p ~ ~ i ~ ~afi~ ~ ~ 'f 1 u~ s ~ ~ ~~ d ~. t 1 ~~ 7 ~ i t ~ -z ~ lei ~ i~ ~,~~ ~~ I ~ '~~ ~ f ~ ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAR! DATE OF MARCH 18, 2008 Blackstone Subdivision (flca. English Gardens Subdivision). e. Existing Constraints and Opportunities: 1. Public Works Location of sewer. N Tessa Ave Location of water: N Tessa Ave Issues or concerns: None 2. Vegetation: N/A 3. Floodplain: N/A 4. Canal~Ditches/Irrigation: N/A 5. Hazards: None known 6. Proposed Zoning: R-8 7. Size of Property: 0.59 acres f. Subdivision Plat Information: 1. Residential Lots: 3 2. Non-residential Lots: 0 3. Total Building Lots: 3 4. Common Lots: 0 5. Other Lots: 0 6. Total Lots: 3 7. Open Lots: 0 8. Residential Area: 0.59 acres 9. Gross Density: 5.1 units per acre 10. Lot Sizes: Lot sizes range from 8,546 square feet to 8,604 square feet g. Landscaping: (See Analysis Below) 1. Width of street buffer(s): NIA; existing 2. Width of buffer(s) between land uses: N!A 3. Percentage of site as open space: N/A 4. Other landscaping standards: N/A h. proposed and Requirai Residential Setbacks: As per the R-8 zone for single family dwellings. Mixtimum Dimensional Standards (in feet unless otherwise noted) Proposed R~uired Front living area setback (from back of sidewalk) 15 15 Front accessed garage setback (from back of sidewallc) 20 20 Side setback 5 S Rear setback 15 12 Blackstone No. 2 (PFP-U7-004) ~~'~ ~~ a ~¢; ~~~ €i ~~ t ; rr_ ''! ~~ e ~i ~, I~ ~~ ~~ ~~ s PAGE S C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008 Minimum property size Maximum building height 8,000 (s.f.) 5,000{s.f.) 35 35 (No changes to the dimensional standards in UDC Table 11-2A-S were requested or approved with this applecation.) i. Parking Requirements: UDC 11-3C-6 requires single family detached homes provide 2 car parks in an enclosed garage with a 20 foot by 20 foot parking pad. j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): A common driveway will be shared by all of the lots and access to this development will be provided from a public street tolfrom W. Aspen Creek Street. 7. COMMENTS MEETING On November 30, 2007 and January 18, 2008 (for the RZ), Planning Staff held an• agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain three to eight dwelling units per acre (see Page 99 of the Comprehensive Plan). The proposed Preliminary (Final Plat include 3single-family residential building lots on 0.59 acres for a gross density of 5.1 dwelling unitsfacre. The proposed density is within the anticipated density of the Comprehensive Plan for this area and the proposed R-8 zoning district. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy}: • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: - Sanitary sewer and water, service will be extended to the project at the developer's expense. - The subject lands currently die wedhen the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Mend#an City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Departmend. - The subject lands currently lie within the jurisdiction of the Ada County Shere~"s Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (AChm}. This service will not change. - The subject lands are currently serviced by the Mer7dean School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service well not change and the Meridian Library District should stt fer no revemte toss as a result ojthe subject annexation. Blackstone No. 2 (PFP-OT-004) PAGE 6 CITY OF M)RIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008 Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and unitary Services Company. • Chapter VII, Goal N, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing to rezone the site to an R-$ zone. This none is compatible with the surrounding residential subdivisions. • Chapter VII, Goal I, Objective C, Action 4 -Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc. Landscape buffers and perimeter fencing exist along Black Cat Road and Cherry Lane. • Chapter VII, Goal N, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. Except for the common driveway, access has already been approved and constructed with the Blackstone Subdivision. • Chapter VII, Goal I, Objective D, Action 9 -Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Perimeter fencing exists along the property boundaries of the proposed residential lots. • Chapter VII, Goal N, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The applicant is proposing to rezone the site to RJ$, medium density residential. The applicant is proposing single family detached homes on lots ranging from 8,S4tr-$,604 square feet in sue, which -Staff`' believes will provide the City with a variety of housing opportunities. 9. UNIFIEED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family dwellings as principal permitted uses in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Flan, Connection to the City of Meridian water and sewer systems is a requirement for ail residential districts. Residential districts are distinguished by the allowable density of dwelliag units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE: As mentioned earlier, the applicaz-t is proposing to construct three single family detached homes on the subject site. Under the current R-4 zoning district, the project exceeds the Blackstone No. 2 (PFP-07-004) t ;, ~' ~~ ~', ~ s'. f 3 ~' PAGE 7 ~ 1 ~ ~t ~ I ~ ? ~h i / ~f ~ ~ ~ ~t ~ ~ ~ ' , ,~~s f r. . f ~ ' ~, ~ ~ ~ I f ~ ~~ ~ ~ ~~ ~ I ~' i ~ ~ ~ i j ~ r ~' ~ 7~~ f ~ i i~ ~ ~~ ~r ~ !~ ~ I a ~, ~ ~ . , ~ is ~E ~' b ~ i ~ ~ E . i~ i ;~ ~-, ~yg ~ ~ ~ i ~ i ~ d~ g ~ gat ~ . 4L 1 ~ ` i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008 density allowance of the UDC. The applicant is requesting rezone approval to an R-8 zone which allows a maximum of 8 dwelling units to the acre sad would aIIow the 3-lot project to go forward as proposed. At the December 20"' public hearing, the Commission felt this was a unique situation where you have a project that complies with all of the dimensional standards however cannot meet the density requirements. The Commission determined rezoning the property to an R 8 zone would allow the project to conform to the UDC. The Comprehensive Plan designation for the site allows a range of 3 to 8 dwelling utits to the acre and supports a rezone of the properly from R-4 to R-8. However, the comprehensive plan only serves as a guide for future residential development; the zoning district dictates the density, uses and dimensional standards for an individual site. Except for the gross density, the proposed project does comply with the dimensional standards of the R-4 zoning district. If the subject rezone is approved, the subject site wdl conform to the density of the R-8 zone. Staff believes this may be considered spot zoning; however given the project will be compatible with the surrounding residential neighborhoods and meet the dimensional standards of the R-4 zone other than the density, Staff is supportive of the rezone. Please see Exhibit D for detailed analysis of facts and findings. The rezone legal description submitted with the application (prepared on December 21, 2007 by William B. Erickson, PLS) shows the property within the existing corporate boundary of the City of Meridian. Development Agreement (DA): UDC 11-SB-3D2 provides the Planning 8t Zoning Commission and City Council the authority to require a property owner to enter into a DA with the City of Meridian that may require some written commitment for all future uses. Dne to the small size of the subject property and the Applicant's intent to improve the subject site, Staff believes that a DA is not necessary in this ihstance. However, if the Commission or Council feels that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties; Staff recommends a clear outline of the commitments of the developer being required. PRELIIVIINARY/FINAL PLAT AAiALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, Staff believes that this is a good location for the proposed single-family residential development. Please see Exhibit C for detailed analysis of facts and findings for a preliminary plat. District Regulations: As noted above, the proposed project has a gross density of 5.1 dwelling units to the acre which conflicts with UDC 11-2A-1; allowing a maximum of 4 dwelling units to the acre in an R-4 zone. The applicant is requesting to rezone the site to an R-8 zone to comply with the density requirements of the district regrilatioas. If the subject rezone is approved, the project would comply with the R-8 zoning districts maximum density requirements of 8 dwelling units to the acre. Common Driveways: UDC 11-6C-3 outlines specific criteria to be followed for projects that share connnon driveways. The criteria is as follows: 1) no more than 4 dwelling units are to share the common driveways, 2) The minimum width of said driveway shall be 20 feet, 3) the maximum length of the drive 150' or less ualess approved by the City of Meridian Fire Department, 4) common driveways shall be paved with a surface with the capability of supporting fire vehicles and equipment, 5) all properties that abut a common driveway shall take access from the driveway, 6) common driveways shall be straight or provide a 28' inside and 48' outside turning radius, 7) any plats using a common driveway, the setbacks, buildiag envelope and orientation of the lots and structures shall Blackstone No. 2 (PFP-07-004) PAGE 8 CITY OF MERIfl1AN PLANN•!NG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH I8, 2008 be shown on the preliminary plat and/ or final plat or attach an exhibit referencing the above mentioned items, and 8) a perpetual ingress/egress easement shall be filed with Ada County Recorder which shall include a requirement for maintenance of the paved surface capable of supporting fire vehicles and equipment. The applicant is proposing to develop the site with three single family detached homes with access to a common driveway. The submitted site plan indicates the applicant is constructing the common driveway in accordance with the UDC. The Meridian Fire Department has stamped the applicant's site plan and referenced the driveway to be constructed to handle a load of 75,000 lbs. The applicant will also be responsible for meeting the parking requirements regarding single family detached residences. Maintenance of the common driveway shall be the responsibility of the home owners of the adjacent lots. During the December 20, 2007 hearing, it was discussed by the Commission to stab the common drlveway to the County parcel south of the proposed development. Several of the Commissioners were concerned witb future access to the County parcel and the possibility of AC)E~ restricting access to Ten Ntile in the future if/when said parcel were to develop. Staff recd ends that the Commission decide if stubbing the common driveway to the orooerty to the south is .orndent. Landscaping: The landscape plan submitted for this project, prepared by Landmark Engineering and Planning, Inc., labeled Sheet 1, dated 9125107 shall be modified as follows: • Per UDC 11-3B-8C, the applicant shall provide a minimum of 5 foot perimeter landscape buffer along interior lot lines adjacent to the common driveway with trees and groundcover. • A written certificate of completion should be preparal by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department upon completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation should apply as listed in UDC 11-3B-14. Submit 10 copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application. Elevations: The applicant submitted elevations for the subject project. Staff likes the appearance of the conceptual elevations shown in Exhibit A. The features that staff approves of are the gable rootlines facing the street, vertical siding, the covered porches, and the brick veneer accents on the front facades. The applicant should construct homes on the site that contain the above-mentions design features. Vinyl siding should be a prohibited building material for this site. Common Areas/Open Space: Because this site is only 0.59 acres, the UDC does not require any open space. Drainage: A seepage bed for stornnwater drainage is shown in the southeast corner along the southern property boundary and is south of Lot 1 and east of Lot 3. No trees shall be planted over the seepage beds. All storm drainage facilities shall comply with the standards listed in UDC 11-3B-11, Stormwater Integration. ~ressnre lrrigadon: Pressurized irrigation is available for the subject site. Ali three lots will be served by pressurized irrigation system that is being used by the Blackstone Blackstone No. 2 (PFP-071004) PAGE 9 CITY OF MERIDIAN P1.ANN~ING DEPARTMENT STAFF REPORT FOR THE NEARING DATE OF MARCH 18, 2008 Subdivision and will be the responsibility of the homeowner of said lots. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. An underground, pressurized irrigation system should be installed to all landscape areas per the approved sp~i5cations and in accordance with UDC 11-3A-15 and MCC 9-1-28. Fencing: The perimeter fencing for the subject site is already constructed and will remain during and after construction is completed. Fencing should taper down to a 3 foot maximum witlvn 20 feet of all rights-o€ way. All fencing shall be installer in accordance with UDC 11-3A-7. b. Staff Recommendation Staff recommends that the 12Z and PFP applications for Blackstone #2 be approved with the conditions listed in Exhibit B of the staff repor• t. The Meridian Planning & and.1ZZ re4nest. The Meri ian itv o ~n~i hea_rd these items on March 18 2008 A the nnblie satin he ~ e in it annroved the s ~biect 11L7,,e±nd PFP renuest. 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat 3. Final Plat 4. Landscaping Plan 5. Site Plan 6. Elevations B. Conditions of Approval 1. Planning Department ' 2. Public Works Department 3. Fire Department 4. Police Department 5. Pazks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description and Exhibit D. Required Findings from Unified Development Code Blackstone No. 2(PFP-07-004) PAGE 10 g I ', ~ ~ r p ~ ;~ ~ ~ e'. l [ t ~ ~,_ i E ~ k 1. R ~ I . ~ ~ ~i~} ~ ~` $ _ ~ ' T t ~ ~'6 ~ E f ~ ~ _ ~ ~ ~ c ~ ~ ~~ s ~~ _ 2, 1 '' ~~ ~ : ¢, ~jk~ r' : ~ ' ~ f t i r E} 1 g ~ - g~ c i I~ ice{ * I ~3j~ IF S r ~p_ 7 i .! k ~ !` ~ ~ ~ ~ ~ ~t tr i ' L _ f' ~ I ~~( , r t ~~ i ~: ~ i ~~ ~ ~ s ~ tt 5 ~ ' 3 ~, i i { r 73 ' ~ ~ µ r ~ t 7: ~ £ I ~ j ] I " ~ ~ ~ + ~ zed , ~ ~ a r , ~ a ~: ~~ ~ r ~ ~ ,. ,.~ . ff j ~' P f° ,. r' a i ~ • ~ F REPORT FOR THE HEpRIN~ATE OF MARCH 18, 2008 CITY OF MERIDIAN PLAT~N~ING DEPARTMENT STAF A. Vicinity Map Exhbit A ` ~ 1 ~` ~' ~' ~ f; t "s 2 ~ ~ 4 ~~ 4`' t~ ' i ,~ ~ ~ t ~ f { ; ~f ~ ~ ~ ~{ ,` ~ (f f; k ' y ~~ t i i .; C ~! ~ ~~, lt~ G 4 f ~ i ! t ~ ~ S fff~ I e: _ jj i Fi_ . i. ~ ~ ~ _, ~ ::. q~~, .bP~jt ~: 4 ~ j, a~+~ :; c . { ~ ' f ~ . r e ~ ~ [ ~ ; ~ x f ~ I ~ ~ ~ ~ ~ , b ~ ~ ~~~ t ~ ~ ~, ; ~ ~ , ~ ~~ , jd f j 4 ~ ' f i k ~, Y I ~ M1 ,~ ~~ i + ~ f ` ~ ~d tt 1 L } Y i I I ! { ~ ~ , i 1 ~ ~~ 3 y~y ' ~~ 1 ~ .4 ~ r f Y , ¢¢ ' ~ ° r ~ 1 X I „ I ~ ~ ~ ' s ~ I d I ' ~ ~ ~ ~ i ~ ~~ ~ , .. N~N1NG DEPARTMENT STAFF REPORT FOR THE HEARING OF MARCH I8, 2008 CITY OF MERIDIAN PLA 2. Preliminary Plat i t~ ~~ I Ails/~ct~!~¢ y4"i ;;'"*~. .~ rta ~ ~. .. 1 r' ~ , ~II ! ~ i ~ 1 ~ `~ i ~~~.`. ! I ~~ , 9. ~ ip !l~! 1! i ~~~.......~// ~ ~ I I ~ ~/ ; I ~: , ~ ~ ~~ , 1 .: ~ , .~ ~ ~. i ~ ~ ~ '~` ~ ~ . i .~ ~. ~ ~ ~ L ~ _~ t ;~,._ J Exhibit A r . ~ i~ ~b i~ ' t ~~ i ~ ~ ~ ~ E I ~' ~ #a ~ ` ~ 1 i p j4 7 jj '~ k " ~~ ~. ~~ ! i I~ ~ ~ ~ r ~ ~ ~ j ~ ~~ ~ 1 i l s t x ~ I , :a ~ ~ L; ~~ ~' F 1~ f ~r. I F~~j ~ .> ~t '.# ~ ~ ~ ~ 1 L~ ~~ ~ I~ ~ ~ .,~ ~ a ~ ~ ~ ~ y t € i , , a ~ « e , ~ i ~- . i . ~6~ , ~ ~ ~ i , ! ~ i y ~E ~ ~ ~ ~ ~ ~ e ij ~f ~ ~ ~- I +a ~ ~` - i 4' I j ~ ~ ~ ~ ~ i~ ? I! f x ~1 ~ . . __ ~ f' ~ E { ~ 1G~E~ { ~ i ~ ~ ~~ ~ F i I ~~~,,ggg • ~ } i ~ t ~ ~ ~ ~ !E a ~ ~~ ~ ~ ~' CITY O~ MERIDIAN PLANNING DEPARTMIiNT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008 3. Final Plat ~ E~_YISEDI ~ a r ~ ~~ ~i E ~ ~ ~ Ig ~~ B ~ ~ psi w ~ ~~ u ~` ~ a~ g~~~ ~~~~~ ;~~~~~ Ir ~ ~ ~ ~ ~~~~al~~~~8>f~~ a~~~~~i~ ~ ~ ~~ I i ~ ~ ; ~ a ...e.o ~ .. >~ ~ ~ ~ ~5~g ~ ed~~ a O R O 1t O C9? 48 8 N N ~~~_ ' ,~ ~~ ~ I ~~ ~ O ~~~ ~ 1 ~ , 8~ 6g ~ ~' ~ ~ ~ I~ ~ $~ ~ I ~ ~ ~~ ~ ~ Y ( b ~ t ~ ~~ ~ ~ ~ I ~ l I ~~ g ~ .~.. m, ~ ___ jfi r''o~- t r a~aroum „ ~ ~ - --~ 0 i , i~ ~. ~9- ~~ ~ ~ ~ ~ ~~ ~ ~ ... ; --...~,~. o ~ ~ . . I= 6 ~"dl~~i GIB, ifi 7q~1H 7t ~ Exhibit A d "P ~ ~ a , ' ~ z ~ ~ y+ ~ , t ~ ,~~ << ,;f ~ ~ ~ . i ~ _ ,,; i S d 1 ~~ :s ~ n 7h, l;' ~ r ~ r r I ,~ i i q , d 41 ~ I ~ s.~ ~ ~ ~trv ~ r ~~ ~ I~~. ~ s ~ ~ ~ ~ } ~ I i k e i ~~ p~ f f{ ~ ; s 1 ~ ; . . s ~ ~ ~! ~ ~ s i, sr ~ ~ f I li q f i! ~ ; ~ ; I ; S!~ ~ I r ~ ~~ ~ ~f ~ i ~ ~ i~ r ~ ~~ ~ I ~ ~'kII ~ "'r1~ :- I4.. Effi ~ ~ ~-i ~F f ~, ~ ~~ I E r , p - ` ~~ i ~~. ~ S ~ ~ ~ Is ! ~: "M b ~ ` ' ~~ ~ ` ` S CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR'THE HEARING DATE OF MARCH 18, 2008 4. Landscape Plan l r» ffi.. ~~* 7j9/VQ.LSNDV78 ~~ ' -- _ fln,1 s~vra 41.itl~SOrflPI ror n~toYa 9.~a~~ ~ ~ i ~ -®® i Exhibit A r4a3iSi r ~- -" ~ r ~ ~~$~~ ~~l~~~g etl~~~~ •IN DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008 CITY OF MERIDIAN PLANN G 5. Site Plan 1 1 i i i i ~~ t '"'~d ~ ~ ~ s ~ ~~ a , ~. •~ ~~ ~. ~" ~s~ R ..~ l.~!1 • • ' ~ ~: .~ '. f m ' ~~ N~ ~ ~. 00 i~~ x~~~ • ~H i8-2~a "' ~ FOR Tti1£ H~`~~ DA"~ OF G O£pARTMENT ST~F R~POR f.Y OF MERppIAN p~A~iN Ele~~'Ons ...r-. ~. . ,~. ~' p~ibit A u?~ z ~ ~ ~' ~ # ~ ~ ~ ~ f ~ ~ ~ 4 ~ f 'i ; f, ~ i _ ~~~ ~ a :7 ~ i ,~ P ~ i _ J ~ ~ I 3 t ~ ~~ t v f ., 2~ , ~ ~.~ ~ ~ .~ ~ ~ ki I ~' Y ~ 4 f j. ~ ` t i{ t ' 3 ~ ~ ~ 3 4 } ~ ft l ~~ ~ t i ~ 1 t r' r ~ ` { ~ ~~ 9997 ~ 1 ~ ~ j ~ ~ E 4 t i ' ,~ ~ Y~ { ~ ~ t ~ ~ ~ ~! • F ~ c ~$ 3 ~:, + ;i 1 ~ i ~'! ~4 ~ ~ _ ~ ~; ~ i~ ~i ~ ~ ~~ 7{ G ii ,; ~ , j t ~ ~ r ti }y 18, Zpua . ORE H~A'~`NG pA'fE pF ....,,,eFN'~' ST~F ~PO~T F 'S'`l pF ME~~LAN t 4 C e , :t ~ibit A ~i E! '+. x ti ~ ' ; , ~ 4 I ~ i r i ~ t i ~ ~ ~ ; R, ' . ~i ~, 'j r' ~ ~ { ~ ~ ~ ' `~ r t ~ y + ~ ~ ~ ~ SS 9~ ~ I j y ' h ~ t i ~ l i ~f ~? c ~~ ~ ,t~ N 7 ~ ~ ~ i ~ 1 3 j - ~~#~ f ~ k _ ~,~ ~ ~ i~ f ~ ~ , j e ~ I ~ f ~' t 4 i ~ - ~ ~ r ~ w. r ~ ' ` i t ' irt ! ~' ~~! ~ t * ~ ~ ~ a y j ~ € ~ ~ i l, ~. ~~. ;:i {Y i 3 ~$ !Y t ~ { k ~ ~~~p , ~~~ ~ ~ ~ ~~ ~ ~:~ ~ ~ ~ ~ ~.~ !! ~ < ' ; s ~~ y ~ `j ak f d{ Ir 9t ~ } F j_~ ~ t +St ~t E jj ~ . ~ ' i { ~ s ~ ' ~ ; ~ ~ ' f {{ ~ < < ' ~ . x • ~CH 18, 2t~~ ' --- PORT FOR THE HEARING' UATE OF NNING DEPARTMENT STAB _'' ',CCY OP MERMAN PLA ~. ~• f ~ F= F' o.e ~ .iu4 `.i~ ~ a ~~ ,.. ~ _'~ n ~. •a •1 .•1 Y P '~ 1, ,,..ss i~ .~ E ~. f ~ F ~ `:. 1 f ~ ~U ; j . ~' ~ s ~ r~ c ~ ,_ ~~ ! ('- .~. r e - S ~ I; _ ~ it r i i ) ~ f' R r . y ~ ~ q~ ' ~ ~ ~ i ~ ~ , ~ fq ~~ ~~ ~ ~ ~ =r~~ i1 ~' g t , ~~s~s Y F y e ~ x ~ 1 ai gg , { ~' ~ ,y t L . t ~ I ' ~ ~ ~ f ~~1 ~~ 1 ~ ~ ~' S ' 6 ~ _ ~ t ~- . ~ ' ~a i ~' 9 444 ~ ~; i _ _ ' i a. ~ ~ 1 ~ yp' ' i1 ~ ' ~ l , (. ~ ~' ~ i I p ~'~ t ~ ~ t ~ ; ' , ~ ~ +~ ~ ~ ~ ~ qq ~ ~ 1 . ~ 4 j ~k I A .. ~ . ~~ 3 1 f ~ R~ 3 I! I ;~ ' ~ ~ 4 t I IA ~ ~ i E y f y I k ~ :, i ~ i- '. . l 3. ~ ~ a ' t '. t r i f' 'E _ m • ~ , ~~ "a. I .,. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2067 B. Conditions of ,4pproval 1. PLANNING DEPARTMENT 1.1 REZONE COMMENTS/PROVISIONS 1.1.1 The rezone legal description submitted with the application (prepared on December 21, 2007, by William B. Erickson, PLS) is approved. 1..1.2 Prior to the rezone ordinance armrnvad a flPVPlnnmPnt AornPrr~rnt lTlAl fnr +t'IP cirE+ shall {w accomplished between the Citv of Merl ian and he property owner(s) (at tl±e t'me of r _ ne ordinance adoption). The applicant shall contact the t:i_ty Attorn_ev_ Bill Nary. at 8$5-4433 within 6 months of Council approval to initiate hi p The bA sh 1 include at a inim .m theme • The c~~biect site shad develop o iv wi h cin le family homes: one ;, lot. totaling a maximum of hree homes/lota. Aid homes shall c~lhstantially comply witlLt~e elevations in 1.1.3 Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of permit submittal. 1.2 SITE SPECIFIC REQUIILEMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet No. 1, prepared by Landmark Engineering and Planning, Inc., and dated November 2, 2007, STAMPED November 6, 2007, by William B. Erikson, PLS, is approved with the conditions listed herein. 1.2.2 Blackstone Subdivision No. 2 shall be subject to the UDC standards of the R-8 (Medium Density Residential) zoning district. 1.2.3 Construct a common drivcway on this site in accordance with UDC 11-6C-3D. Said driveway shall be constructed at a minimum of 20 feet in width, up to 150 feet in length and be able to support fire vehicles and equipment up to75,0001bs. and stamped approved by -the Meridian Fire Department. A perpetual ingress/egress easement shall be fried with Ada County Recorder which shall include a requirement for maintenance of the paved surface capable of supporting fire vehicles and equipment. The building setbacks should be masured from the edge of the common driveway easement or property lines, whichever is more restrictive. In accordance with UDC 11- 3C-6, provide each single-family detached dwelling with atwo-car garage and a 20' x 20' parking pad between the garage face and the common driveway (the asphalt for the common driveway shall not count towards the required pazking pad area). Maintenance of the common driveway shall be the responsibility of the Homeowner's of Blackstone No. 2. 1.2.4 This subdivision lies within the Nampa 8t Meridian Irrigation District; the Homeowners shall own and maintain the pressurized irrigation system within the development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single point connection to the domestic water system shall be required. If a single-point connection is utilized, the developer shall- be responsible for the payment of assessments for the irrigable landscape azeas prior to signature on the final plat by the Meridian City Engineer. 1.2.5 The water system shall be approved and activated, fencing install, and the Final Plat for this subdivision shall be recorded prior to applying for building permits. 1.2.6 All development improvements' including water, sewer, and pressurized irrigation shall be installed and approved prior to obtaining Certificates of Occupancy. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2~7 1.2.7 Applicant will be responsible to construct all required sewer lines to the proposed subdivision. Developer to coordinate sizing and routing with the Public Works Department, if necessary. 1.2.$ Applicant will be responsible to construct all required water lines to the proposed subdivision. Developer tv coordinate sizing and routing with the Public Works Department, if necessary. 1.2.9 Staffs failure to cite specific ordinance provisions or terms of the approved Preliminary Plat and Final Plat for English Gardens Subdivision does not relieve Applicant of responsibility for compliance. 1.2.10 Single family homes constructed on the site shall substantially comply with the elevations and building materials (vertical and/or horizontal masonite /wood siding, brick accented front facades, front porches, gable roof design) submitted with a~iplication PFP-07-004. 1.2.11 The developer shall comply with the parking requirements in accordance with UDC 11-3C-6. i .2.12 Revise the landscape plan, prepared by Landmark Engineering and Planning, Inc., dated 9/25/2007: 1) Provide a minimum 5 foot buffer adjacent to the common driveway entryway with trees planted every 351inear feet. 1.3 SITE SPECIFIC REQUIREMENTS--FINAL PLAT 1.3.1 The final plat labeled as Sheet No. 1 and prepared by Landmark Engineering and Planning, Inc., STAMPED November 2, 2007, by William B. Erikson, PLS, is approved. 1.3.2 Applicant shall be required to pay Public Works development plan review and construction .inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 1.3.3 Revise yr add the foltlowing notes to the face of the final plat: 1) Add note, "Maintenance of all common areas for Blackstone Subdivision (flea. English Gardens) shall also be the responsibility of Blackstone Subdivision No. 2. 1.4 GEIVERA-L REQUIREMENTS-PRELIMINARY /FINAL PLAT 1.4.1 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. 1.4.2 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.4.3 Staff s failure to cite specific ordinance provisions or terms of the preli=minary plat does not relieve the applicant of responsibility for compliance. I.4.4 All development shall comply with the Americans with Disabilities Act and the Fair Horsing Act. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains located in N Tessa Ave. 2.2 Water service to this site is being proposed via extension of mains in N Tessa Ave. 2.3 The applicant shall install sewer and water mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Exhibit B E. ~~' ;^i 'a i •', l f ' ~ ~l~ ' ~~ i .s ~ i ~'~~ 3' I t i.. ~;~-.f. '. li,?~, ~~ ~ ~'~ i ~ t ;f s ~ ~~,; ~, ~,~ i. a'' 0 I - i _ i d ?. ' ~~ s i ~~ k r i I -; ~ ~ ~ ~ _ :~-,i ;k . S y f :{. a ;v g ;. € #. S i • ORT FOR THE HEARxN• TE OF DECEMBER 20, 2~7 CITY OF MERIDIAN PLANiViNG DEPARTMENT STAFF REP 2.4 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement {which includes footage, size, and depth of reimbursable pipe) being finalized Prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council Prior to plat signature. 2.5 The applicant shall provide a 20-foot easement for all public waterlsewer mains outside of the public right of way (include all water services and hydrants). 2.6 The applicant has not indicated who will own and operate the pressure irrigation sysfi~ ~ switl proposed development. If it is to be maintained as a private system, plans and spec' be reviewed by the Public Works Department as part of the construction Plan review. A "draft copy" of the operations and maintenance manual will be required pnor to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. ff it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. Z,'7 The City of Meridian requires that Pressurized imgation systems be supplied by a year round source of water ([JDC 11-3A-6}. The applicant should be required to use any existing surface water for the primary source. If a surface source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas. prior to signature on the final plat by the City Engineer. 2.8 Atl existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.g Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation retluiremerit and comply with all landscape requirements. 2.10 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being develaped shall be tiled. f Inns will need to be approved by the appropriate irrigation/dn3inage district, or lateral users association (ditc~t or owners),oval. If lateral users associa~ipon approval can not be obbhtained, alternatDe a plamns will be to plan app reviewed and approved by the City Engineer 2.11 Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These it-clude but are not limited to, fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.13 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.14 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. 2.15 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.16 Applicant shall be responsible for application and compliance with and NPDES Permitting that Exhibit B f ~ ~ ~ ~: ' a t k ~ i [ [[ jF f`. E ~ ~ j ~ ~~ ~'t t.~ % ~~ .. ~~ f {~ ; ~~7 r ~ ~ _ j~~ ! ~ t •i. + 3k~ ~ ~ ~ ~ ~ ~ ! I~ 1 f ~ E ~~ ~j f i ' _ t'~ 7 1 k E ~~i~ 4 c ~ .e. i I r. ~ R>. ~~ ~ ~ ~ ~ i ~ F ~ E F ~ _ ' ~ 1 ~~' l y ~ 1: yy [ F ~ t ~ f ~ C ~ ~r 1- + ~ ~F' ~~ ~ ~, t1 4~ ~ ~ ~ ~ ~ !~ t 1 ~ it yyi F. 1 i ~ kr t ~ ~ {{ ~ ~i f'~ ~ :..J~ _ , • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007 xnay be required by the Environmental Protection Agency. 2.17 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.18 Developer steal! coordinate mailbox locations with the Meridian Post Office. Whefe mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.19 Compaction test results shall be submitted to the Meridian Bwldtng Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2,20 The engineer shall be requires to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation ofthe-crawl spaces of homes is at least I-foot above. 2.21 One hundred watt, high pressure sodium streetlights, on 25' pole shall be required onn~3 1 pui lic residential streets. Two-hundred and fifty watt high pressure sodium streetl~gh Po shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department- Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. 1?inal design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and Permit from Building Department prior to commencing installations. 2.22 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells tray be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)3342190. 2.23 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. $. 1~IRE DEPARTMENT 3.1 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.2. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.3. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall leave a clear driving surface wlch is 20' wide. 3.4 The Fire Dept. has concerns about the addressing of the existing house and the address being visible from tl~e stream which the projecx is addre~ed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.5 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. Exhibit $ ~, ~ ~ } (, x .: ~~' 4- E' ~ . ~ E ~, r } it ' ii yy f.~ I f P ~ ~ a . L i I ;~. ' I. l ~~ ~ y ~ F 1 z i. i Y a ~ ~ ~ t~ I l ~~ ~ ~ i~ t I _ I~ r t r j . ^~ , If r ~ ~ {. 7 a ` '/ y s C ;4 ~ I ] ~ ~ 3 .~ .. • ! CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 2fl, 2007 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. S. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (LTDC 11-3B-10) will be followed. 6. SANITARY SERVICE COIVIPANY 6.1 Prior to issuance of a certificate of zoning compliance, that applicant shall subrmt an approved site plan from SSC. 6.2 Enclosure Numbers and or Capacity: There is a concern that you have not provided enough enclosures to meet waste generation points and volumes that may be generated by the proposed development. Please contact Bill Gregory at SSC (888-3999} to discuss this matter prior to issuance of the certificate of zoning compliance. 6.3 Trash collection for the existing residence needs to be from a local street, not from a collector or arterial. Exhibit B • ~ RT FOR THE H£ARiNG•TE OF DECEMBER 20, 2007 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPO C. Legal Description and i~xhibit _ ._ _ _ ... _ ~.........._ .. __ _,....., *_ B~,A~K~©1V;L ~~~BD~'V~SL{JN NO. ~ I ' I t, i A, :fit 4~ #~nd lot:att'~ in the NW 1J4 of $ec~on 10, T.ow3nsltip 3 Norih, Rangy 1 ~,.. Qoise AilePidinit, 4:~t9-•of ]V~raduoy Ada C'ounty~ fidaho• bein~449 t~ip~at3,1-d.8 one Sit6tlwl9ion~ag7~o1 ir4 $oioti $~ at P$ga 88917 ~ ~ f-W~~ fida]sp and a~So a•ign of 1~1• ~a.#~~estue ~ ~. Asp0nC~c Stmt ~~ ntare,pa:pixtiariy descrit~d e8 foliows: ' ~~snsttesscigg ttta 5~ if~ts ice, } Y8:1 tnasltip$11s3 ~Vottd~ ~f skid Saoi~+ ID'. ~'itence along tBo hTOrth listt:tho saM'N~ i~4, Soytih $4° 40' 23" F.a::t, 8$.44 feert ~ ~ ~~w~•~: ~of ~d Lot S a~ t~ ~1~'1' bis B~G~ NI G;~ cod ~Ellessce along the hossndary n~'stiid Lot 5 ties followlssg eowses: South 898 ~$' t ~'` East. 21•~~J3 flea:lp a ~/8 itscls ~SS- rod;.'thettr~ South Q° 1?' 30" ~~. ~.~ i'eat sv a S/8 inch isgn #atl; 1`hence Soastis 3i~° 1•$"36" ;48:79 te~•'to~ Sf$'iinch icons etul os4 tiyc »~++~x1y .of•W~y 4t >~. Tisse Ave: % 1w: Aspen C~ Stneet; ~ heaving steiidlsputt~ary OR~ •~.. 5outhSS° 1ifi' 34" ; ~5!~7 foafito• #:P~ o8tstsn~Yi a cas+tral ~aog~8 of 7 bgt-cs• ~.1~ 'along a ~;9~ ~'oot~iiu~o~i[ttTnt~:ie~thsau~s. 1074 d4.' •~4" the~,gi~ of whictsl~rs Stiatiy48° 48' .1tF' Vfe44, 41.42 fast to 8 Point of nbi'r : ., '~~e;•IaNr ~i° 36' ~9" W~at, 89,.91. fret co tl pesisn on along Nfi*+N~w~~'~#~af-i1la~ o€ad. T~ !!wc• ~ W. Aspens Lreelc St~ti iiu:•iic3W-deryoF~ic~IAtSthefol!'oWibecaurt~t T;ttonctt+Tot21s5a°i6'S9°West,56.i8 feet td a ~~ inch itoas stsd; 7hepae South 89° gS' 36" ~t:St. 4$ $8 tccst do a S/8 ~u1ch irdn rod. '1'hcfiscisSopdi 0°94' ~~kNlrest.33:~0'teely Themx Saut>! 8~ 5$' 3G' itPean, ~13.1,~ fgt! t~s 3!& ia~ls an>o rod;, 7het-_¢•e {Votth 4° 88' ~S" West l~?.33 fit to ih~ POINT OF B~N1V~'1~(:. ' ~ai811 cosh ~.>~4 ~ ~• or~0:62,, A~A'e or lass„ Isnd is sstbjetst iQ any ~ 011 tagemastsafidtor.rjggts~mfaway•of r~osd NQTT~: '13iis description its to 1>@ f4~ m>~uu8 only It is in ~ vvay-int w:~e-used foriradsflarof~itlc: . t ~ol~•>:tu~t+co2oaeyt-.BAS-t.~a~~ta~io~recxsr~,e?~~~titrs toy. ~. ~~~• ~ ,; , Exhibit c ~RIIOR~ ~ ~ ` ~ ~ ; S ~ ' I ~ ~ ~ ~ j ~~ ~• ~j , , . , ~ tt E y FF { 9 ' f } a ~, i i t TT 14. { ' [r~ Pte, i , F~. i~ iis r { ~ ' [{ t?^ j!. - ~ . ~ ~ r i + t ~ I ~ f ~. E ~t a. t f f ~ ' ( ' ` }$ C' ~< ff ' ` ~ ' i ~ ~ ~ r ~ ~ ~ ~ ~ . ~ ~ i ' F ; 1 t ~ ~ ifI i. ' .~ ~ ~u 1 ~ ! .' ~ ~ ~1. ~ I,. ~~ F ~ ~ ~ ' I ~ ~ 7 Ik I ~ , ~ I E `~ ~ ~ 1 • t E ~ ~ ~ ~ ~~ ~~ ~ ~ ~;} '~) ~ I'E1 I eG* ~ ~; i i 1 ~ t ~ ~ ~ }4KN`~ 4 I ~ ~ ' , I ~ ~ 1 ~ t I ` F ~ ~~ I ~ i f i f t ~ I - ~ ~ ~ i ~ }~ ~ ~{ ~ ~ .,~ t ~ ~ ~ ~ .y ( ~ ~ F ~ ~~ !~ P ~,; ~~f ;Q • . CITY OF MERIDIAN PLANAtING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007 - ~ ""- ~ . ~11L~~S'1~iQ91'~5 Z '011[ ~IbJ,S7~'~'T$' .-. o . ~~ .~ ~.a ... . ~ q ~~ p b s ~~ ' _, • •~ +, I ~ i~: ~ • O -~ ~~~ ~. ~ .~ ~. ~ ~ , '~ ~~ . `" . }.. ~~ ~ ~ :~ ~ I ~~ ~ ~~ ~~.C . ~~~ .N .. ~ ~C•~'ItT1L~Y 1 T ~? } •~ oil` ~~ ~~ ~ I ~{~: ~g :~. 1 ~~ ~ Od ~~~~ ~I~ ICI -`~ .~~i ~y ~-~ ~ ~ ~~. I~~ ; ~~~~ ~~ ~. Exhibit C :,., r s~ 4L4L4 +:; „ i k ~ I~ i • S ~ t ~ ~ S { r ~ ~~ ~ i it s ~ 3~ I ~, } ,. ~ ~ 5 I f i ~ 7 ~ t ~ ~ F uf k -~ ~ ~ ~ f ~c f i f = ~ . ~ ~ i t d j y . ~ ~ ~ + ~q .j k ~ F, ~ p . -~ j~ ~ ~, ~~ c ~r i; ii S [ k ~ ' ~ ~, 7 k : ~ ~~. a , ~ ~~ t t F ~{ o • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007 D. Required Findings from Unified Development Code 1. Preliminary/Final Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision malaing body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. The Council supports the proposed density and proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. Exhbit D ~.. I i ~~ i' i t ~~ 2. Public services are available or cam be made available and are adequate to accommodate the proposed development; The Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report far more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There i$ public financial capability of supporting service for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i. e., Police, Fire, AC>:ID, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) S. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision, .that should be brought to the Council attention. ACID considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. 6. The development preserves signii~lcant natural, scenic or historic features. The Council is unaware of any natural, scenic, or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commissioa and Council reference aay public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic features) of major importance of which staff is unaware. f, ~ ~ , CC ! 1 ~ r 1 1 I ~ f 1 ; II f _ ~ ~k,} ~ ~ u F is a G f ~; "~ ~' a i~ ,~' ~, l~F $r ~., r} ~ ~, ~~ ,k 4. ~ ~ j `; ~ ~~:_ ~ ~; ~ r ~ S t ~ ~ ~ tt 1 ,~ If '~ k~r< FJ K. 1 ~~ !h ~ ~~ `. ~ ;' #', !1!1!1 ~ ~ ~'~: K i ~~: ~; t f.. ~ f ~~ p~ '.f ~ 1 i ~ `.~ ~ !' ~ ~?, ~ ~~ ;: ~ '.. ~!6 I( Ali d L 1 ~r ~ ~1 ~' 4 ~~ '. o • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 20, 2007 2. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the appUcation. In order to grant an anneacation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to R-8. The Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds single family residences are permitted within the requested R-8 zoning district. Staff finds that any future use and / or deve}oprnent of this property should comply with the established regulations and purpose statement of the R-8 zoning tiistrict• c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment stiaU not result in an adverse impact upon the delivery of services by any poUdca! subdivision providing public services within the City including, but not limited t0, Scll00! districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. Exhibit D ~i~6 i i~ i i ~. ~ 1 ~ ~~ ~I ~ ~ ~ ii F ! ' ' S ~ ~ ~ .f (( 4 -.I I 1 i i. ~ ,~ ~~ , ~ ~~,E { s ,- ~ ~ ~ ~I~ f ~ ~ ~ ~ ~ !!! i ~~ ) ' ~ {, ~ 1 ~ ! ~ ~ ~ ~ { ~ C ~ , . i IF F ' . 1 I t ~ ~ yy ` ~~' { I' y T d ~ ~ S - } ~ ' ` ~~ !` ~ ~ ~ ~ ~ ~ ~ ~, j ~. ~ I ~ r r ~ ~ ~ ~.t . r~ , ~ i ~ ~ May 16, 2008 MERIDIAN CITY COUNCIL MEETING MaY ~~ 2008 APPLICANT ITEM NO. 6'~ REQUEST Sanitary Sewer Easement Agreement for Kelly Creek by Jim Durst AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: ~ ~®" ~~ CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. r 1~ 4 ~` i ~ i ` ~ ~~fl~, ~ tT ~xf ~ ~~ ~f ` t a i ~ ( ~ ~ . ~ . ~ t ~, ~ i ,j s ~ -~ r ~ R f S i, ,. x I v~ f 4 f ' M ~~ ~ I ~ l E ~' ~ .~ . y , E; ~ 4, ~ :~~ ~~ ~ it ~ a ~ ~ , a E ~ F .~ , , , t j~ ~ ~' ~` ' r ' ~ z ~s ~ '~~~ i J ' I j j 4 F 1 ~ i .. } 1{{ 3( ,. i ~ ~~ I ~ s~ i f , I" ~~l ~: ~,~~',s 'I ~; w ~ ~ ~ ~E ~~ ~; d ~ ~ 5 ~ ~ ~4 ~_ ~ i I i ~ t ~~ ~ r (( ?~ 1 , y ` °. ~ .1 I t ~. r2 ~t { t 1 ` ~ ~ ~ ~~! i ~.F, ~ ~.!#: ~ . .i. , ~ 'C'ity `: City of Meridian Public Works Dept. Memo To: Mayor De Weerd 8~ City Council From: Karie Glenn CC: File Date: 5/7/2008 Re: Proposed Agenda Items for 5/20108 City Council Meeting 6~A~ ~ 2 2000 ~~~~ ~~ 1~~~~a~ ~;.~~ ~1~~~ ~~C~ The Public Works Department respectfully requests that the following items be placed on the 5/20/08 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer Easement for Kelly Creek by Jim Durst. Typical Sanitary Sewer Easement. Recommended Council Action: Approve the Sanitary Sewer Easement for Kelly Creek by Jim Durst and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. • Page 1 3 ~ ~ ~ t I~ ~g ~~~ ~ ~ '._ r ~ ~ T - _ - ~ ~ r-- z. ~ _ ~ f` - - - -- ~ i ~ ~ . si ~ Est r ~ -; t r ~ ~!~ - ~ ~ i ~ e~ ~ ~~,'. C < S S.~ ~~ ~~, ~ ~. ,-. tk i ~~~_ ~~ ; r ~ 4 ,~ , a.~ ~ ~ ~t ~t ~ I ~ ~~ f r ~: ~ ~F ~ < ~~ ~ ~ ~ it 4 ~ ~ t i 2 _ ~ ~ 3~+~ ?~ _ ~ 1 - I ~ ~ ~ ~ - ' j ~ f ~ ~ ` Es n~~ i a F.' A ~ ~ r~ 2 ~ pyy ~~ p i "" ; ' i i t t- C 3 f fi # rYQ1}; ~ 1 t' S ~ ~ ~ ~ E i 1 ~ ~ I • . ~ ~ ~ f. ~ ~ ~ ` r'~ xR , ' ski •- . ~ i ~ . I ~ ;, f ~ 3 ~ ~ ~ ~~~ 1111 ~ ~ t ' ~ ~ij ,. y I_ i ~ ~ t~ ~~ ~ ~ ~ ~ .~F ~. _ r 1 ~ .t i. , : _~' ~~ ' ~ ~,~ 4 ~ Y i ~ i ~, ~ ~ ii < _ ~ 1 ~1 ~ {ll ~ 7~ ~ ~ } ~ ! ~ ~ f ~ a ,# 1 ~~~,~ - : , , ,~ • '~ ADA COUNTY RECORDER AVID NAVARRO AMOUNT .00 6 1 BOISE IDAHO 06!06!08 1~1M RECORDED ~ RECUEST of II I I I II~II ll l l ll I II II I I II II I~I II II I I III j City of Meridian 108065959 SA1yITARY SEWER EASEMENT THIS INDENTURE, made this ~ day of ~- ~~, 20 0 8 between ,..5 t M ~t~t fc,ST ,the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of--way across the premises and property hereinafter particulazly bounded and described; and . WHEREAS, the sanitazy sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; . NOW, THEREFORE., in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the`Grantee theright-of--way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parries hereto, that after making repairs or performing other maintenance, Grantee shall restore the azea of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However; Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any .permanent structures, trees, brush, or perennial shrubs or flowers within the azea described for this Sewer Main Easement easmt.swr main.doc , ~~ i ~. ~~,. . g:~ s, , i ~ ji i :., y I i I ~` ~! ~, i ~ III y I tl _ ` f I~ 1 ~~~~ ~. ~_ . ~~ ,~ , ,. ~.' f~ f , f ~+: ~ ;$ E C~ 1 "X E ' t r ~~ described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part oftheright-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, suchright-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. STATE OF IDAHO ) ss County of Ada ) On this ~~ day of md~~ , 20,~, before me, the undersigned, a Notary Public in and for said State, personally appeared _ ~ M ,2 S•t and known or identified to me to be the g~ and Secretary, respectively, of the corporation that executed the within instrument, and acknowre~ged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. .T~~ G~ 4~~y~~ • ~ot~~r ~~ yy Pug~,<<` Sewery~ ~ ~ •• 4~U`~~ ~1 1 ~ ~~ ( ~ ~ ~ ' its' ~j; # 3 E ,E F ~ i ~ , j , x_ ; ~~F ~ F r' ~~~ ~ I :,~ ~~~ ~ i ~, 'i' i ~ ~ k9 i ~ 3 i ~ "'FFF ~~ i r << i^ ~j ~ 7! i ~ ; ~~{ {e ,. ~ ~ ~ ~ j ~f ~ i E= r ~~,~ ~ ~ ttt ~ j ! ~ i. (~ ; ~ } ~ ~ ~ ~ r + > ~ti ~ i. ~ i ~ ~ ` ' . i? F , ~ 9 j~~ NOTARY PUBLI FOR IDAHO Residing at: /~J,~} /YlP A , z Q A ~fi Commission Expires: 7~ai /~ D/~ easmtswr main.doc tt t ~; 5 9 ~ i S t t E ~ ~ .'t : ~ ~ ~ r ~ i I i t 4 ; I ~~ J~; S~ i 3` i I i P ~ L t .~ ~ ~ ~ ~ ~ ~ t t 1 F F~ (' ' ' ~ ~ 5 ,. < y ~ ~ ~ i~ P3 T ~ E' ~. ~'~ t ~a ~ t ~ ~ ~ ~, l : ~~ a I ~ i; 3 ` I ~ r ~ ,, Q ~; i :- x c t , ~ j ~ ~. ~.1 ~ fir' ~ ~ ~ 1 ~ ~ _ ~ . GRANTEE:.CITY OF MERIDIAN Tammy de We~fyr, Mayor Attest b~Jaycee Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) ~`~.~~1 OF '~. A ~r V ~~~ ~, ~i a = EAL ! ~_ ...., 1 n. ~ ~ -.,n ~ . On this z d day of rn 20Q~ before me, the undersigned, a Notary Public in and for said State, personally peared TAMMY DE WEERD and JAYCEE HOLMAN, 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 yeaz first above written. ••' M• c~•;•~~•,'. (SEAL) . t~ ~, .~ , OTARY ~~IC FO IDAHO ,. :~ Residing at: Q VN2~, ~, ~p ' ~ Commission Ex ices: ~ U-i l i) . ~ ~ P • : i • ~ •~'~pF ID;:•• Sewer Main Easement 1 ~. !j'~ ~ j 1 i $' f 1 i ~ `. ' i '., i - x i ~; easm~.swr main.doc ~6~ ~ ( t i? +: I ~,_ 1 1 j; T¢ ~ I `'! , t ~ ~ , i f t I ` S D ~I I 1 3 ~ ~ € ~ _F F F !llii~~~ . t Ir ~ ~~•i 1 ,~ _ {$ } A 5 ~ 1 ~ f l [ ~5 ~ t i r > ~ ~ ~ ~ ` f ~; '~ ~ ~ ~1~7' ~ i E -p -F ~ t d r ~ 3 ~ li ~ ~ ~ 3 ~ i ' ~ ,1 i~ ; ~ ~ ~ F f ~ ~ ~~ ~ .Y ~ ~ {,~r [ .. .~ I I .- ~F -. s ~ SANITARY SEWER EASEMENT The following property located in the SE '/4 SE '/4 SE '/a of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho Beginning at the Southeast corner of said Section 26 Thence North 89°28'38" West, a distance of 600.70 feet, Thence North 00°24'54" East, a distance of 261.98 feet to the REAL POINT OF BEGINNING. Thence North 00°24'54" East, a distance of 158.02 feet Thence South 89°35'06" East, a distance of 81.70 feet Thence South 00°24"54" West, a distance of 38.00 feet Thence North 89°35'06" West, a distance of 36.70 feet Thence South 00°24'54" West, a distance of 90.02 feet Thence South 89°35'06" East, a distance of 517.70 feet Thence South 00°24'54" -West, a distance of 29.04 feet Thence South 07°32'30" West, a distance of 0.96 feet Thence North 89°35'06" West, a distance of 562.58 feet to the REAL POINT OF BEGINNING. 375-06 a ' ~ ~ ~ F ~ '; , ~ i y 1 ~. s ' ' ~ ~ ~ ~I ~ ~ ~ ~ id E s Z ~ f ~ ' i F ' i ~ r SSS ~' {~ j { 1~ i P f ~ S I , ~~ ~' Fk 1 s ,. , r w ~' I ~' ~ ~~~ i~ r ! ~ I ~ i C k ~~ , - ~ I ! k ' ~ ~ e '! r ~ I 1 ~ '. e ~ ~ ~ ~r ~ ~~2 ~ ~ ~ t~ s- ~ ~ ~I~~ ~ ~ ~i . i ~ k4 's x 5 S 4 I S h ~~ , f P T } ~ I -F C t { C! 3 ~ ~~ ~i ~ r. ~ e ~ t : ~ ~ t'.~ i ~ t ~ f ~ .. (k° ~ ( I I ~ ~ ~ ~ ~~ i ~~ a ,~ C2 ~~ ~O OQ a~ j~.l ~o~ ns ~~ ZZ v`~ o°~~ >~ ~~ Oh' O ~~ ~~~ ~~ ~'m~ Q ~~~; O~ >~~~ V~ C~~O ~~ ~°~z i ~~e ~~ ~~~ ~~ ~~ o~ ~~ s arnr ~ry a e ~ ~~ ~~ ~ ~~ ~~ 1 ~ t ~ ~ x rti: t: u2 t ~ ~ [ , . F ~ ~~ 3 ~; ~ ~ r ~: ~ F I ~ ~ I t ~ • ~ 1 ;€ ~ S' ~ ~~ l ~,f i ~ v ~ c ` { ~, ~~' i I ~ t ` ~ s~ ~~ r'- ~ ~ t g f I~ ed ~ i f~ ' t ~. 6< f ~ t II ~1 ~.~,i ~ r ~ ~ f k~s ~ ' .f ~' (p Z,, r F a ! ~ F ~ $ i Iiiii t !!~ s ~ ~.~ Z :~ , it , ~~ i ~ I I ~ . , I~ f ~ F~ 4 '~t i ~ ~ . ' ~f:~ ~~?p ~ ~ ~ i ~ t ~ ~ ~ ~ -'~.. Y I ~~ ~ i 5. a ~~ i ! F ~; ~ ~ 9 ~ F' . ~^ ~ ~~ ~ ~~'. ~ 1 ~ I ~ ; l ~ ;j, 31 : '~ } lYp4Fr'~ ~f ; ,~,, E ~ p t , ~ • {{ ~ ~ ~. ~ (~. i t ~~ ~ I 1 F ~ f ~ r ~ 4 ~ ' I i t f~ 1 k. 1{1Y ~ lt : S ~_~{i .{j~ • 'T ~ ,~ 1 ~: y y 1-t ~ ~ 1 ~ ~ ~ y .' S. . I (I I __ R 9t j ~~•oa ~I~ ~'~ _ I ~e i e ~~ , ~ ~E ~~ I y ~~~ ~~ I ~I ~ ~~p~~ I I I I f~ I~ ~ e I 3 13 I I ii I I I I I I I 1 xt't~ - $f$fL~l -- -- --- 0 s May 16, 2008 MERIDIAN CITY COUNCIL MEETING May 20, 2008 APPLICANT ITEM NO. 6-N REQUEST Resolution No. ~ ')(~R ME?ritlinn Pnrlrc R I2r~rrAntinr, i=r~cc AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCWOOL 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: v~ Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cfly of Meridian. COMMENTS See aflached Resolution o~-~o~ CITY OF MERIDIAN RESOLUTION NO. ®F~° LOG~I BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION RATIFYING THE COUNCIL'S APPROVAL OF MERIDIAN PARKS RECREATION FEES FOR 2008; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 6, 2008, the City Council of Meridian, held a hearing on the adoption of the 2008 Meridian Parks Recreation fees for various summer programs as shown by Attachment "A" and incorporated herein by reference; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said 2008 Meridian Parks Recreation fees for various programs; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR-AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the 2008 Meridian Parks Recreation fees for various summer programs are hereby adopted. A copy of the fee schedule is attached as Exhibit "A". Section 2. That the Director of Parks and Recreation is hereby authorized to implement and carry out the collection of said fees for the various programs. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of Meridian, Idaho 2~~~. Q-~--~i- , 2008. APPROVED by the Mayor of the City of Meridian, Idaho, this of ~~~ , 2008. APPROVED: SEAL CITY C RK = ~ ~~ 2008 MERIDIAN PARKS RECREATION FE~`'~~~~ ~'@Itil' ' ~~~``~~`,`` ~rr-n~ ni~N~ ATTEST: ~. 0 day of 20 ~ day i • EXHIBIT 'A' 2008 Meridian Parks Recreation Fees Fee Description Current Fee Proposed Fee % Change Volle ball Com etitive Men's, Women's, Co-Ed Team Fee 10 ames + tournament $110.00 $250.00 127% Pla er Fees min. 8 $15.00 Remove Non-Lea ue Softball Tournaments Ent Fee Parks ~ Rec Hosted $175.00 $185.00 6% Girl's S rin Fast itch Softball 10U, 12U, 14U, 16U, 18U Team Fee with ASA Fee Not Included NA $275.00 New ASA Fee er la er $6.00 Remove Park Reservations Tull Park Multi-Use Field Rental er hour NA $10.00 New Settlers Park Baseball/Softball Field Rental er hour NA $10.00 New Heritage Ball Fields Softball Field Rental er hour NA $10.00 New S ecial Events Boise Hawks Famil Night $8.00 $10.00 25% Cam s Outdoor Adventure Cam $124.00 $150.00 21 Bo us Basin Mountain Discove Cam NA $134.00 New Whitewater Sam ler Cam NA $395.00 New Ka ak Skills Develo ment Cam NA $495.00 New Jump Rope Cam NA $39.00 New Activit Guide Classes Snowshoe with a Ran er $15.00-$18.00 $15.00-$20.00 11 Tennis Lessons $22.00 $24.00-$36.00 64% Adult Ballroom Dance Classes NA $35.00 New Preschool Fun NA $38.00 New Bab Si ns NA $75.00 New S anish for Tots NA $35.00 New Youth and Adult Horseshoes $5.00 $8.00 60% Youn Rembrandts Art Classes NA $35.00 New Famil S anish NA $35.00 New Conversational En lish NA $30.00 New Basic Winter Survival NA $15.00 New 2008 Meridian Parks Recreation fees -page 1 of 2 o ~ Bell dancing NA $20.00 New Do It Yourself Plumbing Repairs NA $45.00 New Red Worm Com ostin NA $10.00 New Pa ermaking NA $5.00 New Introduction to Metal Scul ture Art NA $15.00 New Intermediate Metal Scul ture Art NA $225.00 New Microsoft Excel Class NA $20.00 New Famil Raftin Tri NA $40.00 New Hike With a Ran er NA $8.00 New 2008 Meridian Parks Recreation fees -page 2 of 2 j '+ 5 i ~~ E 4 F ~ S I t ~ E ~ ~, ~ !~! ~i ' ~ ( r i, ~ .1 f , ; s r]p ,, ~, r ~ S i ~ ~ ~' ~ F ~ I~ j y k F'' c ~~ ~ ~ j ; ~ ' : ~ i ~ r ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ' ~ ~ i` I~ ~ ~ ~ . . 1 i -7 ~ ~ - i _ ! 1 r H ~ ~ ` t i i~ t ~ ~ ~ ~ ~ ~ - ~ s ~ y ' S { i ~~ f_ a ~ r ~ ~: • i< ~ > ` ;' a ~ Ef ~ ~ ~,. 1 ~ ~. E i} t . .: ~ i ( ~~~~ ~ ~ r- .~. a V- ~~ ~ ~. r. ; i' ~~ i'~, ~~ i t. May 16.2008 MERIDIAN CITY COUNCIL MEETING May 20, 2008 APPLICANT ITEM NO. 6-~ REQUEST Resolution No. :Drug 8~ Alcohol Policy AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Resolution CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT ' n ~)Q' ~~ U~ `~ : (~ CITY WATER DEPT: CITY SEWER DEPT: ~-~r~~ CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials present®d at public meetings shall become properly of the CHy of Meridian. C~C ~ I ~ ~ '~ 3f ~ :) r :, s ~ r~ 1'~t~ t I ~ ~~ r ~ ! ~ r 1 ~ ~ j f '~ ~ I I ~ ~ ~, ~~ t 1~} ~ f ` i S- '~ ~ * -} t ~ ~ `~ ° } ~ 4 .t' ~ ' If ~ ~ ` ~ ~ s ,~ ~ t ~ ~ , .. !, ~ ' ~ s F E 1 _ E ~ ; ~ ~ 11 ~ ~4 ~~'. iK ~ . t ~'d~ ~ 4 ~ ~~ ~ _~ ~ I Y § ~} 4 i S 1 i r / > ~- ~ ' 1 ~H ) 1~ ~ 5 1 ~ ~ t ~ ~ X i? 1 4 ~ ~ r ? jf ~ i , ~ ~ f ~~ + ~ ~ ' ~ t ~. ` 1' ~~ ~ 1 ~ ~'~ a t 9 i I ,a ~ i 4 r ~ t i4 s _ rj ~ n Y _ ~ { ~z s~ ! d i j. -~ ~ ~ ~ j ' ' ~ ' ~ ' ~ `~ 4 ~ ' ~ ~ h:~ ~~~ _. ~ ~ _ @~. ~~ ~ i ., ~ ~iu~ ~ ~ _ . .. CITY OF MERIDIAN RESOLUTION NO. 08- ~ ~~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL REGARDING 7.1 DRUG AND ALCOHOL POLICY; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN, IDAHO WHEREAS, the Mayor and City Council have authority over the operations, polices, and procedures for the City of Meridian; WHEREAS the City has previously approved a Standard Operating Policy and Procedures Manual in 2002 for application to all employees of the City; WHEREAS the City Council may amend the Manual from time to time as necessary to incorporate changes as needed; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The City of Meridian Standard Operating Policies and Procedures Manual is hereby amended for policy 7.1, Drug and Alcohol Policy; a copy of said policy is attached and incorporated by reference as Exhibit "A". SECTION 2. This Resolution shall be in full force and effect upon adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 2® day of (,~. , 2008. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of __~(~,® , 2008. APPROVED: .~,~~"' ATTEST: By: Jaycee 1~Holman, City CITY OF MERIDIAN POLICY AND POLICY - 2008 ~i0 ~A . Tammy/d~Weerd C~ _ (SEAL) FOR DRUG AND ALCOHOL ~ 4 ` ~ 'T. { ~ 1 T f f ~ , ~ .~ ~ . ~ ~ f ~ F 1 . 5 ' E ' . ~ e ~ ~ ~ l~ r : f ~ ~ l , ~; f I i ~ i ~ ~ { ~ F , ! F > F I ~~k~ ~ `-'~ ~ T ' '~ ,~ f ~ ~ ~ ' ~ 1i ~ ; S~ ii ~, ~ i ~ ~ '~ i '~ ~ h i t 1 1 ± f ~ ' ~ ~ i e r s i ~ r ~ I r r. i ~ ~,: f ti ~ ` ~ i . ~ ~ ~ _ ~ . f , ~ CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 7.1 SUBJECT: DRUG AND ALCOHOL POLICY PURPOSE: To outline the goals and objectives of the City's drug and alcohol testing program and to provide guidance to supervisors and employees concerning their responsibilities for carrying out the program. For the purpose of this policy volunteers are stated as employees. This policy applies to all regular full-time, part-time, introductory, temporary, seasonal or contract employees, volunteer firefighters, police reserve officers and all job applicants. BARGAINING UNIT EMPLOYEES (FIRE) The collective labor agreement shall govern the alcohoUdrug program/policy for Fire department employees who are represented by the bargaining unit. Represented employees should refer to the labor agreement, Appendix B. SAFETY SENSITIVE POSITIONS The job functions associated with these positions directly and immediately relate to public health and safety, the protection of life, and law enforcement. Safety Sensitive positions are those that require an employee to: • Carry firearms • Have custodial responsibili , for ille ag 1 drugs • Perform emeraencv medical. lifesaving. and/or fire sunnression activities • Have supervision over children in the absence of their parents or adult guardians • Have access to homes and/or businesses in the City • Handle hazardous materials that if mishandled, place City em l~oyees and/or the e~public at risk of serious injury • Work in the water and wastewater systems and their operations • Be required to maintain a Commercial Driver's License (CDLI • Operate heavy machine Human Resources shall maintain a list of every safety sensitive position that is covered by this polio ~ ~ ~ T ~ ~ ~ ~~ ~ ~ ~ : ~ f , i ~ i ~ ~ , ~ ~ . ~ ~ l ~ A t ~ ~ ~ - , Li ~ ~ A f ,F ~ rr ~ ..yy ~~ 1 I, f ~* ~ l ~ ~ S ~ t qq H ) !5 i ~ ~ ~ I E ~ ~ . '. , ~ ` ` a ~ 1 ~~ ~' t i~ j { f ~r ~ ji ~~ ~ 1 ~ ~ .r~~ ~ i ~ ~~~ 1. ) ~~ ~ ~ • Y ~ ~ ~ ~~1 f t ~ ~.t C 1'. I ~ 1 ` r ` i :y t' { # i j ,~~ ~ i ~' r ~ t~ i f 1~~t~ ~ ~ ~ f POLICY: In recognition of the harmful effects that the use of illegal drugs and the misuse of alcohol can have on employees in the workplace, the City of Meridian has a responsibility to provide and maintain a safe, secure, productive and efficient work environment free of the use, sale or possession of alcohol and controlled substances. The City of Meridian is committed to promoting and maintaining a drug free work environment for our employees, and members of the general public. Furthermore, the City has an obligation to protect the City's property, equipment, operations and reputation. Being under the influence of alcohol or an illegal drug or improper use of a prescription drug on the job poses serious safety and health risks to the user and to all those who work with the user. The use, sale, purchase, transfer, or possession of an illegal drug in the workplace, and the use, possession, or being under the influence of alcohol in the workplace also poses unacceptable risks for safe, healthful, and efficient operations. This Drug-Free Workplace Policy is not intended to replace or supercede testing, reporting, and procedures mandated by federal and state rules, regulations or laws that relate to the maintenance of a workplace free from alcohol and illegal drugs. The City requires compliance with this policy as a condition of employment for qualified applicants or for continued employment for all City employees and volunteers. AUTHORITY & RESPONSIBILITY: The Human Resources Director shall be charged with interpreting and administering this policy. Supervisors and department heads are responsible to ensure compliance to this policy within their areas of responsibility. PROCEDURES AND RELATED INFORMATION PROHIBITED ACTIVITIES A. On-Duty 1. Employees are expected to work alcohol and drug free in order to enable safe and efficient job performance. 2. The use, sale, distribution, manufacture, purchase, transfer, storage, or possession of alcohol or illegal drugs, paraphernalia or the unauthorized use of prescription drugs or any combination thereof, while on City premises, in City vehicles, while operating City equipment, at a job site during work hours or in the scope and course of City employment is strictly prohibited. Any violation of this policy is grounds for disciplinary action, up to and including termination. • 3. Employees who report to work and are suspected of being under the influence of alcohol or drugs will not be allowed to drive themselves home or elsewhere. Refusal to comply with this rule may result in immediate termination. B. Off-Duty 1. The off-duty conduct of any employee which results in an arrest or conviction regardless of the form of the judgment, for Driving Under the Influence Possession of Alcohol by a Minor, Procuring Alcohol for Minors, or the possession, use, sale, manufacture or distribution of illegal drugs may be subject to discipline up to and including termination. 2. Any employee arrested or convicted regardless of the form of the judgment of violating; a criminal offense identified in section 1 away from the workplace must inform the City of such arrest or conviction regardless of the form of the judgment, within five days of the event. Notification must be made to the employee's supervisor or Human Resources. Failure to inform the City subjects the employee to disciplinary action up to and including termination. 3. Restrictions caused by the criminal conduct, i.e. driver's license restrictions• jail or work release• occupational license suspensions or revocations• etc may be subiect to discipline up to and including termination. The City of Meridian is not required by this policy to a~ust work schedules job duties, or bonafide iob requirements due to the employee's restrictions due their off duty conduct. I. MEDICATION PRESCRIBED BY PHYSICIAN A. The use of drugs/medicine prescribed by a licensed medical practitioner will be permitted provided that it will not and in fact does not affect work performance, nor will it impair the employee's ability to safely operate equipment or machinery. The City reserves the right to have a licensed medical practitioner who is familiar with the employee's medical history and assigned duties determine if use of the prescription drug will produce effects which will increase the risk of injury to the employee or others while working. If such a finding is made, the City may limit or suspend the work activity of the employee during- the period that the medical practitioner advises that the employee's ability to perform his or her job safely may be adversely affected by such medication. Any employee who has been informed by his/her physician that the prescription drug could cause adverse side effects while working must inform his/her supervisor prior to using the medication on the job. • B. Employees must not consume prescribed drugs more often than as prescribed by the employee's physician and they must not allow any other person to consume the prescribed drug. III. DISCIPLINE A. Any employee who possesses, distributes, sells, attempts to sell, or transfers illegal drugs on the City of Meridian's premises or while on City business will be subject to discipline up to and including termination. B. Any employee who is found to be in possession of or under the influence of alcohol in the workplace or during work hours in violation of this policy will be subject to discipline up to and including termination. C. Any employee who is found to be in possession of drug paraphernalia in violation of this policy will be subject to discipline up to and including termination. D. Any employee who is found through alcohol or drug testing to have in his or her body system a detectable amount of alcohol or an illegal drug as defined by this policy will be subject to discipline up to and including termination. Employees voluntarily participating in an alcohol/drug rehabilitation program recommended by the EAP will not be subject to discipline for participation in the program. If the employee is required to participate in an alcohol and/or drug program the Employee Assistance Program will notify Human Resources when an employee has completed the rehabilitation program. Prior to returning back to work an employee must have a negative test result and after an employee returns to work, he/she will be subject to unannounced drug and alcohol testing for a period of six (6) months. A single positive test result or failure to successfully complete the recommended rehabilitation program will be grounds for disciplinary action up to and including termination. E. Any employee who refuses to submit to an alcohol or drug test under the terms of this policy will be subject to discipline up to and including termination. F. Employees who are required to participate in the City's Employee Assistance Program (EAP) will be subject to termination for the following policy violations: 1. Failure to contact the EAP within five (5) working days after notification of a positive test result. 2. Refusal or unexcused failure to participate in counseling or the EAP program. - Z ~ ' ; C i r ~ r E ~ ' ~ ~ ; ~ - ~ ~ i . ~ ;~ i ~ ~ I r j ~ ~ ~' ~.. # ~ ~~~ ~ ~ , ~t ! 4 ~ I / ~ ' f~ ~~ " i ' ~ ' i~ r i J ~ s : ; f i ~i ~ ~ ~ I ~ ~ ~. ~ tf M ~ ~ ~ ~ ~ ~~ 1 ~ ~ ~ ~ I E~ ~ ~ '~ {; ° 3. 1 ( ~ k , f ~. F n < ,~ < ~ ~ K _ . C E I i ~ ~ 3 i ~ s. ' y i ` i I~ ~ ' ,'~ ~ ~ r ~~S 1' ~ f . 3-i ~ P . 3. Abandonment of a treatment program prior to completion and being released. G. If the em l~oyee is not a Hart of the City's random pool for testing After completion of the prescribed program the em l~oyee shall be placed in the City Random Pool for testing for one (1) year. IV. EMPLOYEE ASSISTANCE PROGRAM & SELF REFERRAL A. The City recognizes that alcohol and chemical dependency are highly complex problems that can be successfully treated. Any employee needing help in dealing with these problems is encouraged to use the City's Employee Assistance Program (EAP) and the benefits available through the City's medical plan. The Human Resources Department has brochures and cards on the EAP program. B. Self- Referral 1. Rehabilitation assistance in lieu of discharge may be offered: 2. .any employee, who identifies him/herself to have an alcohol or drug problem, provided that the request is made prior to violation of the City's alcohol and drug policy. Employees who self refer to the Employee Assistance Program (EAP) will not be subject to disciplinary action for voluntarily requesting help due to alcohol & drug problems. A request for rehabilitation may not be made in order to avoid the consequences of a positive alcohol or drug test result or to avoid taking an alcohol or drug test when requested to do so under the terms of this policy. 3. To an employee who obtains counseling, evaluation and rehabilitation treatment recommended through the City's Employee Assistance Program (EAP). 4. An employee who is in rehabilitation or who has completed rehabilitation will be allowed to return to work upon presentation of a written release signed by a licensed physician or recognized rehabilitation professional. An employee returning to work after treatment may return to work after taking and passing an alcohol and/or drug test. Employees who undergo a counseling or rehabilitation program will be subject to unannounced testing following completion of such a program for a period of six (6) months. 5. Employees who axe referred to outpatient and/or in-patient alcohol or drug rehabilitation will be expected to do so at their own expense, (with the exception of those expenses covered by the City's health insurance program) on their own time or during a leave of absence, covered under the Family Medical Leave Act (FMLA) or during anon-paid leave of absence approved by the City. 6. Affected employees shall, whenever possible, schedule outpatient rehabilitation treatment during times that will not conflict with the employee's work schedule, provided however, employees will be allowed to use vacation or sick leave, or unpaid leave, if outpatient rehabilitation treatment cannot be scheduled other than during their regular work schedule. C. Involuntary Referral When an employee tests positive for alcohol or drug use the first time (or is identified as being under the influence of alcohol or drugs at work) as identified in the City's Alcohol and Drug policy the employee will be sent to the City's EAP program for assessment, and treatment planning. Subsequent failures may be considered cause for termination. V. EDUCATION A. Supervisors and other management personnel will be informed of: 1. Overall City policy; 2. EAP intervention, procedures and supervisor's role; 3. Documentation of employee performance and behavior. B. Employees will be informed of: 1. The health and safety dangers associated with alcohol and drug use; 2. The provisions of this policy through employee meetings and employee orientation. VI. TESTING PROCEDURES A. PRE-EMPLOYMENT TESTING 1. All applicants for safetysensitive positions shall be given a conditional offer of employment and will be required to submit to testing for the presence of alcohol and illegal drugs. The offer of employment is contingent upon a negative alcohol and drug test result. A conditional offer of employment will be rescinded for any applicant who tests positive for the presence of alcohol andlor illegal drugs. No application for employment may be accepted for the individual for one (1) year following a positive test. 2. .~i applicant will be notified of the City of Meridian's alcohol and drug testing policy prior to being tested; will be informed in '' _: ~; ~: rt 3 i ~~ ~~ . ~ ~-, f ~ ~' I' is ' I+{ 1 I, ' ; _i ~ ~ '. ~, ~; ~ ~~ . t r ~ ~ - I t ~ ~ ~ ~ k = ! ! E '~ E ~ t ' i' tl t k ~ ~ ~ T X FI ~ p f ` ` ~ ~ S I ~ r i i `~ 1 ~ k i' f ~ t ,- f E ~~ ~ ~ t t .. . Y i I 1 .i } ` E t ~ ~ ~ 1 y t . t ~ i _ 0 writing of his or her right to refuse to undergo such testing; and will be informed that the consequence of refusal is termination of the pre-employment process. 3. An applicant will be provided written notice of this policy and by their signature will be required to acknowledge receipt and understanding of the policy. B. REASONABLE BELIEF TESTING 1. An employee will be tested for alcohol and illegal drugs, or the abuse of prescription medication, when the employee manifests "reasonable belief' behavior that would endanger their well being, as well as the safety of fellow employees or the general public. The basis of suspicion of alcohol or drug abuse may be a specific, contemporaneous event, or conduct-evidencing impairment observed over a period of time. 2. An employee who is tested in a "reasonable belief' situation will be put on administrative leave with pay pending receipt of written tests results and whatever inquiries maybe required. C. POST- ACCIDENT TESTING 1. Any employee involved in awork-related accident will be tested for the use of alcohol and illegal drugs, as soon as possible after the accident, preferably within four (4) hours. Examples of conditions that will require an employee to take an alcohol and drug test include, but are not limited to, accidents, that result in: a. A fatality, personal injury, or injury to another person requiring transport for medical treatment away from the site of the accident; b. Damage to equipment or property owned by the City, or by a third party, that is estimated to exceed $1500. c. Damage to a City vehicle that is estimated to exceed $1500. 2. An employee who is seriously injured and cannot provide a specimen for testing will be required to authorize the release of relevant hospital reports, or other documentation, that would indicate whether there were alcohol or drugs in his/her system at the time of the accident. Any employee required to be tested under this section must remain readily available for such testing and the employee may not consume any alcohol or illegal drugs. 3. If it is determined by management that an employee's accident was caused by the actions of another, and that there were no unsafe acts on the part of the employee, the City reserves the right to waive post-accident testing of the employee. Employees who are f s ; 1 ~ t ~ ~~ Is t F ~ ~~ ~-~ '' i! Ti ~; I f ~ ~ ~~ i i~. ~ ~~ ~` x: iI i ~ , ;; ~~ i ~~ ` CC ~uI! ~ ~ ~ ~~ fie F ~ ~~ y' nC e ~ ~ {€ ~ d~ yi afi6 Y i' i F ~ +-1 t ?? ' 1 ~ ~ l c~ 1 t . 1' ~ ~ r ~" t {{ ~ ~ Y Y} '- ~ t 1 ~ 3 ~ ~ ~ {- i t s ~ ~ ~ r ~ I 4 ) ;~ ~ ' i ~ i ~'' n ' ~ I ~ i ~ { z ~ ~ ~ ~~ ~ C '~~ ~ ~~ ~ . ' f i~ i ~~~~ i , ~t C~. :i ~~ i Y } I E ~ t ~ , ~ 'v• ~~~ tj 4 a i~ ~ D r fed ~ ~ ~ ~~ ~ ` ~ r i ~.s ,r f ~ ~ i ~ P. ~ ~ a f ! i ~y s 4 1~ ~ ~ l ~~ i ~ ! A' ~ ~ {y I, j '~ , ~ o involved in awork-related accident requiring medical treatment are to immediately inform their supervisor of the accident, so that any needed alcohol or drug testing may be promptly conducted in conjunction with their medical treatment. D. RANDOM TESTING Employees in safe sensitive positions will be subject to random alcohol and drug testing. 1. Random tests will be unannounced and occur throughout the calendar year. Random selections will be made by a scientifically valid method that will result in each employee having an equal chance of being tested each time selections are made. The Human Resources Director will notify the individual's supervisor and the individual selected for random testing on the same day the test is scheduled. The supervisor will be notified within two hours of the scheduled testing and the employee will be notified immediately preceding the scheduled testing. Upon notification, the employee shall proceed immediately to the testing site and at the City's discretion; employees maybe transported or escorted to the testing site. 2. The annual number of random tests will be no more than fifteen percent (15%) of the average number of employees subject to random testing for alcohol and illegal drugs. 3. In implementing the program of random testing the City shall evaluate periodically whether the numbers of employees tested and the frequency with which those tests will be administered satisfies the City goal of achieving adrug-free work force. E. VOLUNTARY RANDOM TESTING As part of the City's alcohol and drug free workplace program, employees not in designated safety sensitive positions may volunteer for random testing. Employees who are interested in participating in this program should contact Human Resources to obtain a volunteer random consent form. Participation in this program is not a condition of continued employment with the City and volunteers will be subject to all provisions, conditions and procedures of the random testing policy. F. CDL TESTING In compliance with the Department of Transportation (DOT) ruling 49 CFR parts 40 and 382, pre-employment, random, reasonable belief and post accident drug and alcohol testing shall be required for employees in positions that require a Commercial Drivers License. VII. DRUG /ALCOHOL SPECIlVIEN COLLECTION/TESTING PROCEDURES t(t t t ~ i { 6 ,~ i-~ ' ~ ~ ~ if ~ ~ ~~~ ~~ i1~ '~ ~' S'. 6 ~ ~ f ~ (` ~' ~ r ~ ~ ~ ' ~ F 1 ~ - ~ E~ ~ ~ ~. 1. [ L ~ 1' s a € ~ ~~ is ~ ~ I i ~ ~ ' V bb t " a + ~ ~ { ~ ~ ~ ( i~ ~ ~ J ~' t [ i { ~ ' p ~ ,, 3, ' ~8 fi~p ~1~ ~~ ~ -~ (( ~E ~ ~ ~ { ~ - ; I, ~ '~ ` ~ ~ i ~ ~ 7P{+'~ ~ IS t ~ ~~ ,iyS [t g L i I ~ 1 5 ~ {{ p ~ ~F* S { ' i ti y E~ .{ ` ; y 4 I ' ~ ` ~ ,~~4J ~ ~: ~ f ~~ fr 1 ~ {t j :5 i s I ~ K I i i r Y ~ a ~ ~ ~ _ ~ ~ ~ ' .3 o • A. Specimen Collection Procedure 1. When a prospective or present employee is notified that he/she is to submit to alcohol and drug testing he/she will be given instructions regarding where and when to report for tests, or at the City's discretion an employee may be transported or escorted to the place of collection. A collection specialist who has been trained in collection procedures will conduct all specimen collections. Testing will be done in accordance with approved collection procedures. 2. All specimens will be tested for the presence of alcohol and illegal drugs. All specimens tested for illegal drugs will be done by urine analysis. Alcohol testing will be done by a Breath Alcohol Technician (BAT) employed by the collection facility that is trained in operation of an evidential breath-testing device (EBT). If an individual is unable to take abreath-test due to a medical condition then a blood test will be administered. B. Adulteration Or Submission Of Concealed Specimen 1. If during the collection procedure, the collection monitor detects an effort by the prospective employee or an employee to adulterate or substitute a specimen, a second specimen will be requested. If a second specimen is provided, both will be tested. If the second specimen is refused, the collection monitor will inform the Human Resources Director or his/her designee that the donor refused to submit a true specimen. Such substantiated conduct will be considered equivalent to testing positive and the prospective employee will not be offered employment or a present employee will be terminated from further employment with the City. 2. In the event that a prospective or current employee submits a specimen that the laboratory later identifies as a diluted specimen, the City will advise the prospective or current employee of that fording and request that he/she submit a second specimen. Such donors will be advised by the City not to drink any fluids prior to the test. i~ i + C. Testing and Confirmation 1. The cut-off levels for al l Non-Dot testing is as follows: Drug Class Screening Confirmation Amphetamine Family 1000 ng/ml 500 ng/ml Cocaine 300 ng/ml 150 ng/ml Phencyclidine (PCP) 25 ng/ml 25 ng/ml Marijuana 50 ng/ml 15 ng/ml Opiates 2000 ng/ml 26 ng/ml ~i~ i ~, , 4 r ~ ~ ~~ r~ ~ I ~ i ( X ~ ~" ~.~ I ~ i ; ; ~~ i J E ~ i N I:~ q~ I ~ I i ~ y ~~ s.. ~ E ~, ~ ~ 1 ~. ~ j_. i - ~ ' ~ ~ 1 ~ ' ~ ~ ~ t' r i ~ 3' ~~ I ' in! ~ ' ~ ~ ~ I ~ ~ ~~ ~^ I i ; ~+ - 1 . 3 L i t ~ ~;' 1 ' ~ ` ..~ 1 1 i • 2. The cut-off for alcohol concentration will be on two levels. Any employee, who tests above a level of 0.02 BAC and up to 0.039 BAC may be subject to discipline, will not be allowed to work for at least 24 hours and must have a negative test result before returning to work. Any employee who tests at or above 0.04 BAC is considered to have tested positive and is considered to be under the influence of alcohol. Positive alcohol tests resulting from the breath test will include a confirmatory breath test conducted no later than fifteen (15) minutes after the initial test; or the use of any other confirmatory test can be used that demonstrates a higher degree of reliability. 3. Any specimen that screens positive for the presence of illegal drugs will be confirmed by the Gas Chromatography/Mass Spectrometry (GC/MS) confirmation method. Any employee who tests positive for illegal drugs or prescription medication may request to obtain an independent test using the remaining portion of the urine specimen that yielded the positive result. The retest is at the applicants or employees own expense (unless those expenses are covered by the City insurance program). This request must be conveyed to the MRO within 48 hours of the employee being notified of the positive test result. 4. During the time the second test is being conducted, the pre- employment selection process for an applicant will be placed on hold. An employee already working for the City will not be allowed to work. If the retest reverses the positive result, the City shall reimburse the cost of the retest and any lost of compensation and benefits that is incurred as a result of the initial positive test results. The City will have no liability to any employee for errors or inaccurate test results. VIII. TEST RESULT NOTIFICATION A. All results received from the laboratory will be forwarded to the office of the accredited collection agency for the purpose of their providing medical review officer services. When a test shows a positive test result the employee or applicant will be contacted by the Medical Review Officer (MRO) and will be given the opportunity to provide an explanation for the positive result. The MRO may choose to conduct employee medical interviews, review employee medical history, or review any other relevant biomedical factors. After the employee has been provided an opportunity to consult with the Medical review officer and the MRO determines that the test is positive the City will be notified. The collection agency will only report results to the Human Resource Director or his/her designee. • B. Any employee who is taking a prescription drug that may have been the cause of a positive test result will be asked to provide the name of the medication and the identity of the prescribing physician for verification. If the MRO determines that the positive test result was due to authorized use of prescription medication, he/she will immediately report a negative fording to the Human Resource Director or his/her designee and no further action will be taken. However, if an employee cannot provide a reasonable explanation for his/her positive test result, and the Medical Review Officer (MRO) fords no reason to doubt the validity of the positive test, the Human Resources Director or his/her designee will be notified of the positive test result and disciplinary action will be taken consistent with the terms of this policy. IX. REFUSAL Any employee who refuses to be tested, or fails to provide a specimen or information as directed under the terms of this policy, will be subject to discipline up to and including termination. X. EFFECT OF TESTING POSITIVE A. Any prospective employee who tests positive for alcohol or illegal drugs will not be offered employment. Any introductory, temporary or seasonal employee who tests positive for illegal drugs or alcohol will be terminated. B. Any classified employee (as defined under the City of Meridian's employment classifications) that tests positive for alcohol or illegal drugs, will be subject to disciplinary action consistent with the terms of this policy. (Refer to the disciplinary section of this policy). XI. CONFIDENTIALITY All information relating to drug or alcohol testing or the identification of persons as users of alcohol and drugs will be protected by the City as confidential and given out on a need to know basis, unless otherwise required by law, over-riding public health and safety concerns, or authorized in writing by the person in question. XII. CONCLUSION The terms of this alcohol/drug free workplace policy are intended to achieve a work environment where employees are free from the effects of alcohol and/or drugs. Employees should be aware that the provisions of this policy maybe revised when necessary. The City anticipates that by implementing an alcohol and drug free workplace policy, its employees will enjoy the benefits of working in a safer, more secure, and more productive work environment. The City also anticipates that the provisions of this policy will help maintain and promote the health, welfare and safety of the general public. • o XIII. DEFINITIONS A. Alcohol: means any beverage that contains ethyl alcohol (ethanol), including but not limited to beer, wine and distilled spirits. B. Applicant: Any individual tentatively selected for employment with the City. C. City premises or City facilities: for the purpose of this policy means all property of the City of Meridian including, but not limited to, the offices, facilities, land, and surrounding areas on the City's owned or leased property, parking lots, and storage areas. The term also includes the City's owned or leased vehicles and equipment wherever located. D. Dru~phernalia: Drug related paraphernalia is any unauthorized material or equipment or item used or designed for use in testing, packaging, storing, injecting, ingesting, inhaling, or otherwise introducing into the human body an unauthorized substance. E. Drug testing: means a urinalysis taken for the purpose of determining whether drugs are in the person's system or any other testing the City deems appropriate and reliable. F. Employee Assistance Pro rg am (EAP): A contract-based counseling program that offers assessment, short-term counseling, and referral services to employees for a wide range of alcohol, drug, and mental health problems and monitors the progress of employees while in treatment. G. Ille ag 1 drug_ means any drug as defined by section 802 (6) of Title 21 of the United States Code which is not legally obtainable under chapter 13 of that title. Examples of illegal drugs are cannabis substances, such as marijuana and hashish, cocaine, opiates, phencyclidine (PCP), and so- called designer drugs and look-alike drugs or use of a legal drug not prescribed to the employee. H. Legal drug means any prescribed drug or over-the-counter drug that has been legally obtained and is being used for the purpose for which prescribed or manufactured. I. Medical Review Officer: An independent licensed physician who has knowledge of substance abuse disorders and the appropriate medical training to interpret and evaluated all positive test results together with an individual's medical history and any other biomedical information. J. Reasonable belief: means a belief based on objective facts sufficient to lead a prudent person to conclude that a particular employee is unable to { ~€ ~1 ~ f 1~ ~~ ~~ ~~~1n ~~ F ~.~~- ~} € ~ ~;'. 2i ii ~+ D''-j~ 4 ~ ~ ~~ yy ~~~; ~ A ~~~~ 1~ s' ,'~ ~p~' i + ~ t t _i ~~ ~ 1 ~ 4 3~ 1' k ~ ? ~ {{ ` ~ it s o € i { " ~ ~ ~ ~' i• ~ f ~ ~ _i ~ s ~~r 9 ~ i ~ s ~i '~ i ' I! _ , K { ~; 1, ~ ' ~ ~ ~ ~ ' ° t ~, ~ ~ + y i ! ~ ; ~ ~ ~~ ~ ~.j ~ ,~ i ~ ~ 1 4 ; I + ~ ~ 4 ~ ~ I~ ~ ~ 5 I i i 1 I. .~ y r. ~ ~ ~ ~, . ' j. ~ ~ i ' ' ,'~ ~; i . - i ~ u - . ~ F ~ li I ~ i ~ y. I ~ k r) ~ E { i~ r ~ ~ ~ f I: ~, ~ ~ ~ x i I ~ I . ' Wi _ 6 t. ~ ~, z ,, ~ I . ~ ~ ! , satisfactorily perform his or her job duties due to suspected drug or alcohol impairment. i ~ ~` t 1 i t ~ . 1 { ~_ K. ~rfet~--~en~ti~~o~tie~ntie~s-a$see-ia~te~ ..„- oa;.,+ei., relate-te °~ °°'~~~-sra~ee K. Under the influence: means a condition in which a person is affected by a drug or by alcohol in a detectable manner. A determination of being under the influence can be established by a scientifically valid test, such as a breath test or urinalysis. ~:: e ~ , 7 T r ~ ~~~ ~ - ` ~ . ~,~ 7 ~, F ~ ~ i F is ~r T ' I 11 4 ' € ~~ ~ I i . ~ ~ I f ,` I ~ {f ~ t ;: fib y ~ I ~ ~ ~ ,'~ ~ t ~ j ~ ' Y 1' I 3%,: ~ ' i c ' ! R ' r'i I `. ~ f ~. £ ~ t ~ t ~ ~ f ' ~ I ~ ~ I ~ ~ . ~ Ij ~d ~ 1 _ ~# ~~ r , ! ~ i• 6 I ' ~ , ~ ' ! ~ 1' t ~ ~ ~ t ,~ 1 u f y I S M ` ' ~(j i I F j May 16, 2008 MERIDIAN CITY COUNCIL MEETING May 20, 2008 APPLICANT ITEM NO. 6-P REQUEST Resolution No. :Introductory Period of Employmer AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ` ~~ ~ ~ ~ ~ ~~~ ~~ ~ '~ " ~ ~ is ~ ~ ~ , . ~ ~ ' ,.~ ~ I ~ ay [i ~ '~ ~ J E ~ 1 ~ t- j j ~ 7 7 7 ~ ~ ~ } ~ ~ i t i 7 f ( ~ +~ l 7 ~: ~ ~ ~ ~ ! ~ ~ 7 7 7 F ' ~ ~ ~ t L ` ~ i x - '~' . a: ~ I ~ ~ ~ ~ 4 : f'F • I ~ ~ { ~ 1 ~ ;. , ~~ , g ~ ~ ~ ~ ~ t ' , ~ , I T j ~ a t ! ' {~ ~ ~ ,p , ~ ~~ ~ f i ~ ~ r ~ ~ ~ ~ ''j ~ t . a ~ ~ k I. ~ t ' ~ } ~ ~"' , ,, g , ~ ~ ; n k ~ ~ i ~ ~ ;~ - i E; ~' i k ~ ~ . { i ~ ` 'h ~ 6 t i i ~: S:~,t d j ~ t ~ ~ 1 q E + ~ ~ ~ ~ ~{~ ~ 1 i - i, i , ~ ~ J1 1 { ( '~ i . ~ ,~ ` ~ , ~ L ~' } u [ i [ ~ ~ ~ ~ ~. r tt ~ [ , r ~ ~~ ~ ~ ~ ` I ~ ;r Y ~. ~ - ~'' ~ ~ k, ~ _ .~ o- ~~ it . I $ f 'i ~ _ IIII. ~ ( i i -. [ ~ ; ~ t i ~ '. ~ ~ 7 ,~l 7 j l ~. i ~ ~ k ~ , ~ Ij~{,~ ~ ~ t ~ ~ -, COMMENTS See attached Resolution ~8- ~o~l ~~~~~ CITY OF MERIDIAN RESOLUTION NO. 08- ~~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL REGARDING 2.8 INTRODUCTORY PERIOD OF EMPLOYMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDL~N, IDAHO WHEREAS, the Mayor and City Council have authority over the operations, polices, and procedures for the City of Meridian; WHEREAS the City has previously approved a Standard Operating Policy and Procedures Manual in 2002 for application to all employees of the City; WHEREAS the City Council may amend the Manual from time to time as necessary to incorporate changes as needed; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The City of Meridian Standard Operating Policies and Procedures Manual is hereby amended for policy 2.8, Introductory Period of Employment; a copy of said policy is attached and incorporated by reference as Exhibit "A". SECTION 2. This Resolution shall be in full force and effect upon adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 2.~~day of 2008. . f.,~ AP OVED by the Mayor of the City of Meridian, Idaho, this 2® day of ~- , 2008. APPROVED: ATTEST: By: Jaycee .Holman, City Clerk ,n Mayor Ta \`~ ~ ~ ~,~;~e~d C~ ~ S ~. SEAL 9 CITY OF MERIDIAN POLICY AND PROCEDURES MANUAL OF EMPLOYMENT POLICY - 2008 s ~ ~ ,~ P ~ ~~, 1 ' ', _ ~ ~ E ~ ; ' ~ ~ ~i ;f ~~ ~ ~ ~ ~ ~ i" ~ ' ~ ! ~ l i '~ i i ~ ~~ I ~ `~ i `, i ' ~~ ! F ~ r ~' i, ~ . ~ f{~ ~ 1 ;ti ~ 1' t f d ^ 1,. ~ .j ~~l~~n~~i 11tt~~ PERIOD ~ E' ` ~ f ~ j ' ~ , ; f . ~ ~ ' i ~. i h ` ; F ~ ~= ~ ,. ; ,! i ~ ~ 1 ~ ~ I~ u ~ ' t i~ i ~~i f !.; ..4 ~ ~ ~ l ~. ~ ~ f t ' ~ ~ t 7 I { f~ ~~ ~.t I' t ~t ;y E ~ ~ i. !j ( !~-, ~ I ! _ i S 3 : 4 ~ ~ ~ t t ~ F ~ t~ ~ ~ ~ { b ~ ( [r I } ~I ~ ~ 4 ~ E' S ~ ' ~ ~ ! ! r _ i ~ ~. ~ f ~ ~ . ~ C _ ~~ v 1:1. 7 ~ ~ i ~ ~ ., CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 2.8 SUBJECT: INTRODUCTORY PERIOD OF EMPLOYMENT PURPOSE: To provide new employees with an understanding as to employment responsibilities and expectations regarding employment status. POLICY: Each new employee, whether full-time or part-time, hired shall serve an introductory period of employment for six (6) months, or one (1) year for Police or Fire personnel. The City of Meridian is an at-will employer. AUTHORITY & RESPONSIBILITY: Human Resources shall communicate this policy to new employees during their initial orientation. Supervisors are expected to set clear expectations for employees, and to work with them closely during the introductory period to ensure proper learning and training take place. Supervisors are also expected to provide appropriate feedback and learning opportunities so as to appropriately train new employees and assess their ability to perform related job duties. PROCEDURES AND RELATED INFORMATION I. Every new regular full-time or part-time employee serve an introductory period of employment of six (6) months, or one (1) year for Police or Fire employees. II. The introductory period is used to determine whether the employee is suited for the position, qualified and capable of performing the work and can meet the job standards. If at any time duringthis period it is determined by the employee's supervisor and the D~artment Director that the employee's performance is not meeting the appropriate expectations of the Ciry or the Department the employee may be terminated The Department shall seek guidance and direction for this decision from Human Resources prior to a final decision being made and communicated to the employee. III. After completion of the introductory period, new employees should be given a performance evaluation as provided for in the performance appraisal policy. If the performance of the employee has been unsatisfactory the City reserves the right to sever the at-will employment relationship or extend the introductory period for up to an additional 90 days. The introductory period may be extended by the department director with approval of the Human Resources Director, and with written notice to the employee. IV. Following the introductory period, employees shall be considered "regular employees." Completion of the introductory period is not a guarantee of continued employment with the City of Meridian nor does it alter the at-will 28 status. It simply provides a benchmark for employees and supervisors to achieve and assess the employee's long term viability to perform the necessary functions of the position. Completion of the Introductory Period may not result in a wage/salary review. V. If an employee is terminated during the Introductory Period of Employment they are not entitled to the Termination or Disciplinary Action Procedure as defined in Chapter 8 of this manual. 29 • May 16, 2008 MERIDIAN CITY COUNCIL MEETING May 20, 2008 • APPLICANT ITEM NO. 7-A-~ REQUEST Temporary Sales Units Recommendation Regarding Fees AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS U~t~- ~C' ~e es -~c~ r at i ~em~ use I~e,rm--I-s ~~eC+i~e! 1~N-}-l~ PQS~Ir~9 c~~ neu~ Ord~r~anc~ Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Cffy of Meridian. e; ; a t a {9 i ~I ~i i ~ `F If ~f ~_ ;; ~ ~ , ~~ I ~ 4 jj I 4~ ~ ; s c I~ ~~ ' 11+ + '+~ ~ Ft. I + ~,~ _ 1 R x i ~ ~ ~~; I , + r ~ pp .C ~ { y I ~ I ( ~ ~ 5 ! ~ :'. : A {{ I -' ~ ~ f 2{ I 1 ~ ~ y ~ 3 ~ ' ~ f I i 1 / ~ E f ~ ~ 4 , ~s ~ If ~i L~. r~ _~ . May 16, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT ITEM NO. 7-/~--2 REQUEST Discussion on Checking Account with BOTC AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meddlan. ~ t~ { + I I Y ~ + ~ i .F~ ~ , e a ~ ~ , ', ~ ~ ~ I { I I ~ ~ ~, ~ , a ~ ` i , ~ ', ~< < x ,~ ; ~ ~ ~ ~ ' ~ ~ ~ ~ x ~. i ~ 4~F ~ f r~ ~ ~~ !!! ~!~ ~ I j ~ ~ ~ ~ '~ ~ ~~ ~ ~ ~ Tt 1 -,~ .}- I II 4'.~ ' ~ ~ 6 l ;a ~! ~ i S= t ~.{ t~ - I ;~ ~ ~ .! { i 1 ~.3 J E ~~ ~ ~ 1 ~ ~ J ~ ~~~ ~ ~. ~ IY 7 ; ~ i . { E ~ ~ q1~e ~ ~~~~ i .~ ' ~ 1 I ~ ~ } t ( ~ ~ S:E J ~ ~ ~ ~ r ~ i 3 ~ _ -~ ~ a i ~~ i ~:~~ . { I E ~ ~ ~ ~ ` ~ ~ t ~~ ~ , ~ , ~' ,t { ~ i3 { }} _ i~~ t °~i i~ -~~ f S s~ ± L. i .. I 1 ~74~ S k pit May 20, 2008 L COMMENTS ~ C c e ~~ Ise vJ -~~~-~ s °~ c~~ ~~ians o • May 16, 2008 MERIDIAN CITY COUNCIL MEETING May 20, 2008 APPLICANT ITEM NO. q REQUEST Request for a Waiver of Fees of the Temporary Use Permit for Le Bois Soccer Association aNon-Profit Organization Garage Sale at Pioneer Federal Credit Union Parking Lot by Judy Trimbole 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: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. A lican f ~~File#::~ :..:'::::`'::.;::: Date co lete lication received: Date rmit issued or denied: All applications are required to contain one copy of the following unless otherwise noted: Applicant ; .:: ; :.. '.., ,. ... . Stn ff .... : .. . ............ : o leted & si ed Permit Review A lication ritten ' sion of the ro erly owaer{s u on, throe or across which use wt11 occur -Permission of owners of roe u on which o si will be osted Route man (where annlica'hlel _ a 5ervtee C;o any a royal for trash enclosure & access drive stamped site plan) ' e Plan-4 copies {folded to 8'/z" x 11" size} The followin items must be shown on the site lan: w • Da#e scale, north arrow, and o'ect name (scale not less than t °=so') • Names, addresses, and telephone numbers of the developer and the person and/or firm arin the Ian • Existing structures, planting areas, trees, light poles, power poles, walls, fences, berms, parking areas, vehicular drives, trash areas, sidewalks, pathways, stormwater detention areas, si street fitmiture, and other man-made elements • P osed cha es or additions to existin conditions, includin o ro osed structures (include dimensions to property lines) ~. ~.:.: O eYent areas o arkin stalls and drive aisles {Include dimensions) o trash enclosure s o Ia areas for Dods and vendors o first aid stations o drinkin and water sources o restrooms o sidewalks or thwa s o fencin ~ o si locations Reduction of the site lan 8 h" x 11' ....... Proof of insurance (re ' ed for ecial events and outdoor markets) _ ::. ..: A licaxion Fee ~ 3 3 . GC3 .~: ;:. , :.:~ ::: STAFF IISEONI:.Y Othera eri ~.~a iovals~as ~ ~ livable :::::::°,.:::.::_ .:':;:::::::°:'.:;::;:...~>::. ,.:::~ ~::::~ .::::::::. :..::.. ~is~:~ ......:..::....:........: .:.... ::::...:.' ~: Ci ~ ~ ~ of Meridian BuiIdin ~ - D~ artment'a ro ' erne s ' .........:::::.: Ci ~ ~ of Meridian Fire De ~ ~ai~ieitt:a ~ ,.loyal:;:::.::::; :.::: `.:::.:..;.~: °:~ ~:.::: _; ::::::;:~...::::`.:::::.::~?;::;:, ~:~:::~ .:. ._. ;:::::.`:::.:: -Ci : ofMeridizin Plannin':De.:....°ent~a~~ ~rovar:;:;':::~::.::~:~::'`~;:~`::.:~:~:;~~:::':;;::~::~ ::::.:.:...:::.:..~.;::: ;. .........: _ ~ :. ~i ~ ~ of Meridians Parks:~D.. artmeng a ... rovaU ~ erini s ~ ..... .. .. .. . : CI . ofMer~dtan PohceD artmen `.PatrofDivision~coutF ....:co' ~: ~::~~-=:'::':~':~::`:'::~ ;::.::;:::'!. Ci ~ ~. of Meridian Pblicie D ~~ ~ai~rieiit; Cvdd Enforcement Division court ~ " : co ~~ Ada Ctiun Hi wa' District.~courtes ' co~' ~' . Ci ~ ~ of Meridian~Ma tir co . . ~ :co ~ ;: ;..:.<Y,~: ..::::: ..:. ..:.:.:.;.~ :::.,;~.: ~ ~:~~ ~ ~~~ ~~ ~. ~:;~~.:~° ~~:~::::::.:~.::. ~ ~~~: ~:~:~.:~.~, . . :. AdaCoun Sheriffs Ofi3c$ court ~ ..co..::::;_..~:.:: ~.::::.' ::::...:..::.:>`: ~::::::~::.: ?:: ;::~;.°:':..°;::.<::::...... THISAPPLICATIONSHALL NOT BE CONSIDERED COMPLETE rIN1'IL STAFFHAS RECEII~ED ALL REQUIRED INFORMATION. 33 E. Idaho . Meridian, Tdaho 83642 Phone: (208) 888-4433 Facsimile: {208) 887-4813 • Website: www.meridiancity.org ~ (Rev. a/21/48) ti CJ E IDIAN~ II~~H~ Type of Review Requested (check aII that apply) Applicant Information Applicant name: ~~ D1~ ~C Pi V ~ ~ b Phone• ~ ®°o~ ~'Z-L~ Applicant is (check one}: ^ Individual ~ Corpora 'onA D Partnership t7 Co~any O ~ ~~ . Applicatnt local mailing address: `~~ h~t~v~~9 ~~~~ P~ Applicant local physical adds Applicant corporate address: Corporate or tax ideatificatio~ lame and physical address of Idaho agent upon whom service of process maybe made: _ _ „ Property Information Location/street address of Temporary use: ~~,, Township, sage, section: Total acroage: Current land use: ~iSV1~wr~~~t~~ ~d~~ G~ucexrt zoning district: Applicant's interest in property: ^ 'Own D ©Lease ' n~~ Other ~ /1 ~,1~01Y~ Owner name: ~ /> ~ ~ P one• Owner address. ~ ~p`°., t` contact is: ^ Applicant ^ Owner [7 Other ~ ~ P ~ G ~, `~~~® ~z y l~mai}: ` ' ax: ° ~~ -C-S~va~Pz- ~ ~ ~ Route Informat%n (where applicable) Starting point: Number of ner andJor animals: C~ J City Clerk's Office PERMIT REVIEW APPLICATION Endmg point: 33 fi. Idaho • Meridian, Idaho 83642 Phone: (208) 888-4433 • I<acsirnile: (208) 887-4813 • Wehsite: www.meridiancityorg 1 (Rev. 421/08) G ~ t ~~ r '{ i 3 I t ~ r ,, ~~ ~ 1{ ~ f ,. i ~ ~ ~i Y ~I y ~ i~ f ~i ~ ,~ i ~ ~ ~1 S i , ~I ? ~ Y ~ ' I ~ ~ i '~ 'I t f i ~ a $ i4 ~ ~ p '~ ~ 1 ~ 1~ j t , f ~~F+ Y F ii++ ~ r ~ ~ F~ ~ ,~ { ' ~ i e pp apE I` i ~ ~ f 0 ~ ~ ` t 1 ~ ~'} ~ y~ ;; ` ~ ~ ~ H~ ~3 ~ jgf~ Y `: 9 ~~k'~ I ~ 7 i ~ :t s,, r ~ I ~ ~ ~ . ; ~ ~ ' ~ i }a I , 1' ~ i _ '4 f f 1 ~ ~ ' t ~ € ~ >y ~' ~ f ti ~t{I ki ~ y ~( '~ } A ~ f t ~ ~ } ~ ` +~ f n, r ~ ~ ~ ~ ~ ' h ~i ~ ~ ~ `;i ~ r ~ ~ 1~ ~ ~~ !9 ~ ~ ~ is ~~ i i ~ ~ t , Y' i i ,i 1~ r ~ qq 4 } ~+ J ~ ~ fff _ ~ tl y _ 3~ } • • ]?ascription of iTse General description of proposed use to otxiu (including any goods and/or services to be sold, traded, given away, ` ,offered;' displayed; and/or deliv • and activities and/or events): 'l.1Vt '~ + t~ ~~ F~ Structures to be used for activities, sales, or Scheduled dates of operation: Scheduled hours ofoperation: Attach schedule of events (as applacableJ. Crowd management plan {including security personnel and etluipme~, crowd control measures, and communication and evacuationplan): _ .~ , ~11~~,~]~p_ -~-9f'D_ (,t1o t Securitylsafety Plan (baaicades, tra~tc control measures, and directional sigaage%nes): ~ Cleanup and tear {including dates and p-lan for removal of stinctures, restrooms, displays, signs, garbage, litter, and hazardous materials}: '~ ~ ~' 'aC~O ~ , ~ .~/ '~ ~~~o ®~ Names and local and physical addresses of all employees and/or persons operating under this permit:~'~~~ ~~~~ ~' t Employee 1 Name: Local Address: c~ Physical Address: Employee 2 Name: Local Address: Physical Address: Employee 3 Name: Local Address: i'hysic~l Address: Attach additional sheets if necessary Motor vehicles to be used - descn'be license plate state and number, make, model, and color (not re,4uir~ for tom): Vehicle 1: Vehicle 2: Vehicle 3: Vehicle 4: Attach addittanad sheets ifnecessaty Temporary signs {by dimension} that will be installed for the use both on- and off- site: ~ ~~~ Size 1: i~.~ ~ Number of Size 1 signs: ~ n site ^ Off-site r Location(s) of off-site signs: (V1~ Size 2: ~~~ Number of S'ze 2 signs: ~ ^ n O -sit e ^ Off- Location(s} of off-site signs: p ~ ~ ~ ~~ ~ l f J~ ~Q~ ,~ G }/~, 9~ac~ yV~~ ~2,S2J~` r Size 3: ®~ ~~ Number of Size 3 si ~ ^ On-site ^ Off-site Locarion(s} of off-site sigma: ~' (~/~Q~`r/~ 5~-r!I p.~~ ~ ~t~` ~~lp,U 33 E. Idaho • Meridian, Idaho 83642 Phone: (ZOS) 8881!433 • Facsimile: {208) 887-48I3 • Website: wsvsvmeridiancityorg Authorization and e C~ ~ v ~ ~ i {' erelsy agree to indemnify, save and hold harmless, and defend the City of R-leridian and the Ada bounty Highway District from the expenses of and against any and alI suits, action, cleans, aadlor losses of every kind, nature, and description, including costs, expenses, and attorney fees that may be incurred by reason of any act, omission, neglect; or misconduct of myself the organizers or operators of the use(s), activities, or events descn'b~i or depicted in this application and/or the supporting documents, or any participant therein, Prime applicant name: Applicant signature: _ Date: ~ - ~ ~ ~ herelby that damage to the properties, locations, and/or routes at or upon which the use(s), activities, events descn or depicted is this application and/or the supporting documents is not foreseeable, and that, if damaged, I alone shall incur any and all costs of restoring such properties, locations, and/or routes to their origina~dit~on. , Print applicant name Applicant signature: ~~w~ U~~i ~ ~ X56 Liq. W ~`~- ~~~ ~~ q. ~ ~ ~ ~~ ~ ~ ~, ~~~- C~,~~ l~~~ ~ ~ ~~ ~~` ~v~-S ~rv~ ~ ~ ~~ ~~5 ~~~~~~ -~ w~~~ `. 33 B. Idaho ~ Phone: (208) 888-4433 • Facsirm'le: (208} 887-4813 Websit~ www.meridiancityorg 3 (Kett 4ILIRTB} ~: tl i E t3 ~ ~ t ~ ? S- ~ ~ ~ ~~ j ~ 1 ~ t ~¢?~~; ~ i t j F F~ ~ ~ 11 i ~ S ; ~ w ~ 1 ~ ~ ~ ~ ~ 1 ~~ ` - I~ ~~ ! E i ~ ~ r i~ ~ ~ :~~ e ~~ I ~~t : > 1 z j ~ i 1 t l~ I '~ ~ ~ } ~~ ~ i I ~ S r I k ~ 1 ~ ~ ~ .. ~ { • N~~C ~~ ~-I~-~tn~~.-~~Nr N.~ ,~~.c~,~ 003 .pc~u o~ ~°,~ o00 ~ ~ ~ b fn O ~ _Q fA ~ N ~ N ~ ~' o~ ~W Q~ v~cn m~'o ~~ ~ ~rn ~ ~ ~ 0 3 _~~ ~ R:~ W W ~~ ~ ~ v N ~ (D p p N o Oo Q; W w °~ ~ ~'' ~ L° w ~ N ~ -a W .p W ~ ~ N p~ O C37 1V C~37 N ~P Cfl O ~ N N ~ N O N N .1~ ` to ~ ~ ~~ w u~ w ~ a, o W a ~• cu ~ °-° ~ ~ y fA ~ t~ co w O Cfl v N ~ Q, ~. , O N N ~ C 3 Q s • t May 14, 2008 Regarding: Application Fee for Temporary Use Permit Event: Garage Sale, May 31, 2008 ~A~ ~ ~ ~~~ Ct~ Cle~~ C~~ Location: Pioneer Federal Credit Union Parking Lot, Meridian RdlCheny Lane Dear City of Meridian, Les Bois Soccer Association's mission statement is: Les Bois Soccer Association is a premier youth organization that provides girls and boys of all ages the opportunity to achieve their dreams through sport, by teaching soccer and life skills they need to succeed. LBSA educates its athletes in fair play, leadership, commitment, and respect for self and others. The organization's philosophy is to mentor the person as a whole -- technically, tactically, physically, and socially, so that its athletes may make a positive contribution to their family, community, and society. LBSA acknowledges the importance of intellectual and ethical development, community service, club involvement, and social responsibility. Les Boise Soccer Association is a 501 C(3) not for profit organization. Many of the children that participate in this organization raise money for travel so that they can compete with highly competitive teams throughout the country. This garage sale is a fundraiser to help the U12 girls team travel to a National toumament that they qualified for by winning a regional toumament. I# is very exciting to have this opportunity, but without fundraising, mos# of these children would not be able to participate. We are asking for you to waive the $133.00 application fee for this temporary use permifi, so that all funds collected can be applied to the toumament fees and #ravel cost for these very talented athletes. you for your consideration, Judy~~mble Pare t f U1: air F , E ~ ,, # ° ' . .. Vf P L. }.~ ~ ~~~~ ~ ~ s ~ ~ { ~ j {4 l ~ ~ ~F i ~ E 4 a ~ k'k ~ + ~ h ~i f ~ ~ ~ L 4 ~ , ' t~ y~ ii `' ~ , ~ ~ ~ ~ ~~ ~ i ~~ kk r ~ ~ + 1 ~ ~k r i ,F r ' ~ 1 ~ ~ ' ~- ~ ~ t i ~~ , ' ~ _ ~` ~ 9 .~ ' r q 9 I k ~ ~ F ~ ~ ~ ~ ~ t ~ ~ F $~ t ~r z ~ ~ ~~ 1 ~ ,,, : i ~( 7 c ~ t ~ : ~ ~ ~ ~ ~~' ` s { i ' ~; qt ~I ~ .t ~ ! ~ t ' 1 ~~ ~t ~~ ~ ~ i ? ~ ~ I ~ ~ j 4 p ~ F ~ ~ ~ ' E ' ° § f k ~ ~ ~ ' ~: It (~ ~ ~ r {r i~ F~ : E ' s ti S , ~ r r . i k ~ ~ ~ ~ ~ . ~ ~ A. ~ .,, t .~' F ~ 1! ~ ~ ~4 ~ ~ . ~' 81. ~ J i €~l~J e r. ~. , ~.~ t,,: I ;a r ~ f0 1 `a ~ ~ i1: ~ ~ i ~ ~ I S h ~ ~~ ' ~ u , i ; ' y i . ~ i T ~ S,: ~~ ~ ~ ~ 1.. ~ C } ~ ~~ ' ~ I I ~ t ~ I I I ,} ~ a 5 } ° ; a j i :: ~ i ~ ~ ad 1 ? t ti ~ ~ i 'c { e ~ ~ ~ '~ .t ~: Pi®neer • • ~~~ ~'= ~eclral CREDIT U N I O N May 15, 2008 To whom it may concern, Pioneer Federal Credit Union does hereby give our consent to The Les Bois Soccer Association to have a garage sale at the Meridian branch location on Saturday May 31~ 2008. Thank you, s / ~ ~ ~~~~ Jessica Postell `~ ~ Asst. Branch Manager Pioneer Federal Credit Union Main Office / 250 W. 3rd South Mountain Home, Idaho 83647 (208) 587-3304 /Fax (208) 587-2769 www.pioneerfcu.org r ~ ' . I ~. a ,. ~ [ t ~. ~ i 1 ~ ~~ i f l , q F l 3 ' ' I J ~ j S 3 ' ~'' i ~ ti ' .~ ~ 3 i 1 ~ j f t ~ i 1 E 1 S ~ I ,. ~ ~ ~ ~ i ~ I ~ 1 ~ ~ I C~ .~ ~; ~3 ' i y ~ i t i .' ~ , f I;~ '4 "'~:•~ CU SCE C~~~® T7+eMember-FriendlyFinanciolNetwar& i ? ~ ' ~ ~ ! ~ i f ~ ' ( ~ 1 t i '~ f ~ 1 i ,;, y ~1 '~ ~; aC : f J ~~ ~ ~ a 5 "~ a i ° - t~ '~ , i i ~ t t '~ ~~ ~w~+w~r :mow i ~~ J ti m~ `~' 1 .~~~. ~z a ~i n ~i~p.- .~-hratxain S~~v~ __ __ . S ~ ~ ~~ ~~ ~ ~~ ~ \~ ~~ _ ~ ~~ t ;~ ; ~ ~ ~ ~~ I ~ . ( _ _ P ,;~ . Fi , 7 ~ , f t ~ i. ~ { ~ ~ ~ ~~ ~ ~ ~ , ~ t` ; j ; ~ ~ i i i ' ~ ~ + ~ ?~' ~~ . ~ ~ ~ . t I y 3 ~ ,r- §-x r: !i ~ I ~ ~ r. f t 1 3 e ~~ I }r~S 1 { 4 S ~ ~1y ` ; - y ~ ' i ~ i 'f' t t 5 ~ H' ~ b1 ' , 1 ~ I ~.l l { ~ ~~ '._ ~ ~ ~ t ~1~ 1 ~ ~ ~ I ,-.r, f ,~ t :~ n i i ~ }( 'i f° ~ ~ 5 i 1 t i ~ ~ j 1 i - ; ~ ~ i j f ~ 1 1 ~ j ~{. ', 5 ~; i j i ~~'~ ~i ~+~ ~~ 0 May 16, 2008 RZ 07-017 MERIDIAN CITY COUNCIL MEETING May 20, 200$ APPLICANT Primeland Development Group, LLC ITEM NO. ~ I('j REQUEST Ordinance No. :Request for a Rezone of 5.29 acres from R-8 to C-G zone (1.62 acres) and L-O zone (3.67 acres) for Verona Commercial Northeast Comer of West McMillan Road and North Ten Mile Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See aftached 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: Chin ~ ~~n ~"f~~rl Date: cj- ~ (~-(jg Phone: Emailed: ChuGc CL L~.~.ar~Lt'r'sf>~, C ~ Staff Initials: Materials presented at public meetings shall become property of therCNy of AAeridtan. t~ ' ~ ~ ~, ~ ~ ~ F I ~- ~ ~ ~_ t - ~. ,~ ~~ ~, ~ I:, i ~. ~ {{ ` ~_; 1 ~~~; ~ i ~t ~ ~ ~ ~ ~ I~ ~~ 4 ~ 4 ~ ~'t~ 1 } d ~~ 1 E~ r~ t' 3t r f ~` ~ ~ ~;' r ' ~ };3' k d' ~~*. ~~ .~ i ~ { A 1 F ~~ ; f i i y ~~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.08-1310 I PROVIDING FOR RE-ZONING ORDINANCE An Ordinance of the City of Meridian granting re-zoning for land located in the SW 1/a of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A". This parcel contains 5.29 acres more or less. This parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed as attached in exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Me~di~, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the 2~.~` _'r,8~i~,:~~r~~l.~1~- , 2008. City of eridian = $EA. Mayor and City Council 9 By: Jaycee Holman, City Cle~;c'~r~~T ~~~ ,'` P~~~ ~14V'1"~ ` First Reading: ~- 20- ®~ ~~ ,,~ ~~\~ l~~IfH{{ { ~~ Adopted after first reading by suspension o~`t~ie Rule as allowed pursuant to Idaho Code 50-902: YES_~ NO Second Reading: ~- Third Reading: .~ STATEMENT OF MERIDL~N CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 08- ~ ~y1.,,Q The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 08-1 LQ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this Z ~ day of °~ ~ , 2008 L' William. L.M. Nary City Attorney ORDINANCE SUMMARY - RZ 07-017 VERONA COMMERCIAL -Page 1 ~~ ~ r 1 { ~ 3 ~ ~ ~ ~ ~ i ' ~ ~ ~ ~ C f i , ~ 3 ~ ' III . ~t. ~ t { ~ . ` ~ F.~ ~ r; 1 f , x ~ t ~ , .~ I I c i it ~ E ,.~ _ ~ ~ t ;s i . ~t ~ ,~ ~ ! ~ F I e V ~ ~ ~ g` , ~ Y p ~ l ~. ~ ~ 7i { ~ ~ . ~ { ~ S..i - i r~ 1 it ~ ~ S ~; it ~~ 3 ~ ' ~ i' Y 4: _ i ~ ~ ~~~ c ~ ~; ~ , { 1. 7 ) F Ij }' ~ ~ ~ ~ f ' f 5 ~ qq ik 3 ~ 4 ? ~ t , F I Y ~ ~ ~ I ~ i 4 ~ ~ ~ ~ ~ dw ~ ~ r x l ~ 'y ~. v$ +F ~ ~ i ~ { G ~ ~ ~ ~ 1 t q ~~ d - x 1 ~ 7 ~~~~ ~ ~ le ~ ~ " d d ~~j ~ ~ ~ ~ ~ 3 ~ , ~ ~ ~ fj ~i ! f i ;' ~ f ~~ e ~ ~ E ' ~ 1,~~~ ~ i ~ ki ~ i fi ~ - ~ it ~ ~. '= ADA COUNTY RECORDER J. NAYARRO AMOUNT .00 9 BOISE IDAHO 05/2?!OB 02:02 DEPUTY Bonnie Oberbillig III (~I~IIIIIIII.IIIIIIIIIIIIIIIII~I III RECORDED-REQUEST OF Meridian City 10059797 CITY OF MERIDIAN ORDINANCE NO. . ' ~ I BY THE CITY COUNCIL: BIRD, GORTON, ROUNTREE, ZAREMBA AN ORDINANCE FINDING THAT PRIMELAND DEVELOPMENT GROiJP, LLC, THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-07-017 VERONA COMMERCIAL) FOR REAL PROPERTY BEING A PARCEL OF LAND IN THE SW'/a OF SECTION 26, TOWNSHIP 4 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE- ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE-ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO C-G (GENERAL RETAIL AND SERVICE COMMERICIAL DISTRICT) AND L-O (LIMITED OFFICE DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. 'T`hat the following described land as evidenced by attached Legal Description herein incorporated by reference as Exlu~bit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re-zoning by the owner of said property, to-wit: Primeland Development Group, LLC. SECTION 2. That the above-described real property is hereby re-zoned from I~-8 (Medium Residential District) to C-G (General Retail and Service Commercial) and L-O (Limited OiI•ice District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the Cify of Meridian to re-zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re-zone said property. RE-ZONE OF VERONA COMMERCIAL - RZ-07-017 -Page 1 of 3 ® , • SECTION 5. That the City Engineer is~ hereby directed to alter all use and azea maps as well as the official zoning maps, and all official• maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepazed in a draftsman manner, inc°luding the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-ha.lf (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BYmTHE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of 1 ~ ~ ~ , 2008. ~ APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of ~~a , 2008. MAYO~f+~' 'MMY de WEERD ATTEST: `; ~~ ~ ~~'~ ''~' .' SBAL = JAYCE OLMAN, CITY CLERK ~ ~ ,~~' RE-ZONE OF VERONA COMMERCIAL - RZ-07~~"~/~-~~~a of .``~~`` 3 - ~ ~ , ~„ l ~1 -• ~ { ~ ~~ - t. ~ 1 Z ~ ~ ; ~ ~ ~ ~, ~ ~ ~ ~ } tl. ` ' ~ ~ ~ t ' ' t 3! ~ .1 Z n ~ 1 ~' ~ C ~ ~ Y r i ~ i; ~ (( . ' ~ ? It t < < ~ ~. ~;~ kj i ~ ~ ~ S ; S ~ ' r i ~ i ~~ ~• 1' P ~ z I a ~ ~ ~ ~ ~ i i ~ ~ ~ i 2 k , ~5 ~ {)~ ~ ~ (~r1F ~: ~~ ~ ~ ~~ ~I 7 ~ ~ ~ i i F ~' i• i 1 . ~~ G I I +' } _ r ~~ a ~ C ~ ~ ~ ~ , }j}~ ~ ~I ~T. [< yy :4 ~~~. . i ~ ~ ~ ~ ~ .. F~ YS~ i. ~' ~y , A t ~ _ I T , 1 ~fb i ; ~~. j l ~ • ~~ $ 31 i ~ rJ • i ~ S. ~ ~ ~ U e ~ E ~ s ~, Y ' r i ~ ~ ~ ~} , ; c s ~ f~` r ~ ~ y ~ ~ i STATE OF IDAHO, ) ss. County of Ada ) On this ~ day of Q 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE HOLMAN, 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. ~~~~f~~~ ~ M ~• (SEAL) ~ I;' ~~'~~ ~ NOTARY PUBLIC FOR IDAHO -C ~~~ RESIDING AT': ~fI`l (~9C 1 1 ~ ~Y~ ~;~ ~ MY COMMISSION EXPIRES: IG-~ ~ -~ ~ ry ~ • • • ~~~~' IDAI'IQ ~~ ~~F~~af RE-ZONE OF VERONA COMMERCIAL - RZ-07-017 -Page 3 of 3 ~s ~ i~f r c` ~ i a :: ~ i c ~'~~ jj t~ ~ y ~ ~ ~ ~~F ~ t ~f ~ , s s y ~ ' ~~ ~r '~ i ~ ~~~~~i`'~ 1 ~( ~ j~ i a ,~f i ~~_ ; :( i ~ ~~ ~ }~y ii ~ ~ ~ . ~ . ~ ij. is E 's. t _,,' ' ~ i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ { ~ ~ ~ ~~ ~~ ~ I t{ . t i 1 ~~ i i { _! .. i _ ~{ t f V~ ( ~ r ii ~ i f 7 ~.~ y F e: 1. F ~ gq 4 3J i f i 0 Ezbibit /~ -Verona Commercial ~., e~ ~~~ Quadrant Cons-ul'ting inc. Legal pescription For . Verona SupdiYision No. 4 Rezone From R-8 to L-0 Lots 35 and 36, Block 10 of Vertrna Subd"nrision Number 2, Book 91 of Plats at Pages 10743-'IQ744; Ada County Records and a portion bf the Right=Of-Way of North Cortona Way and West McMillan Roatl,locatecl in the Southwest'/ of Section 26, Township 4 North. Range 1 West, Boise Meridian.. Ada County, Idaho described as follows: Comrnencin~-at the Southwest c:brrler of said Section 26, thence South 88'58'49° East, 1039.55 feet along the South line of said section to the Point of Beginning; Thence' North 01°0.0'56" bast, 240.22 feet along tine cen#erline. of said North Cortona Way to a point; • Then: ce.continuing along said centerline 19.4..07 feet along a curve.fo the left, said curve hang. a radius of 300.00 feet. a delta'ari8le of 37't)fi'39" and a chord bearln~ and distance of lVarth 17°30'59" INest,190.70 feet;: Thence continuing along said centerline North 36°02'53 West, 67.24 feel to a point; Thence leaving said centerline~South 89"30`16° East, 33.60 feet to'the Nortttwest•comer of said Lot.35; Thence continuing.'South 89'30'46° East, 325.06 feet to file Northeast corner of said 'Lot 35; Thence South 00°29'44° West; 433:02 feetto the Southeast comer of said Lot ~6; Thence North. 88'58'19° West, 2l).0.0 feet along the 'Southerly boundary of said Lat 36 to a ~p:©int; Thence South 00°29'44" West, 45.00 feet to a point on the South line of said Section 26; Thence North 88'5$'49" West, 241:85 feet along said SoutXl line to the Point °af B.eglrthing, 'Said parcel confai 3.003' acres more or less. P A#i~ BY. q OCT 12 20Q7' ~ OR'K$ DE T ~ 1904 w, Overland • Boise, IO 83705 • Phone 1208) 342-0091 • Fox (208) 362-0092 • Emoil: quatlront~quotlrant.cc ~ivp En~tneerfrig • Surveying • Construction tNOnogement a ~~ ~~t4 i ' S , I ~ ° ' I ~ ~ ~ ~i? ~~ ~ ~i E ~ d. ~ ~ fff I ~ . ~ ' 1~ i` ~ r ' ~ E}. ii I Y ~ ~ ~ .~ i ( f ~ i .~~~~ .i~t i E ~ i ~ ~ { g ,~,. ff '~k ~ ' ~7. ~ i 1 ~ ,~ , ~ L F~ ~ ~ ~ ~~. i ~ ~~f' t t i. ~ ~ ~ - ~ t ~ ~ 1 r .{{ ~ ~ ~ ~ r' ~ ~ : f ti ~" .~ z~ ~ _ ~ ~ d .. ~ . { ~ I ~ ~ ~ ~ :~ 1{ ~ ~` I ~, ~ i ~ ~ ~ i 7 tYy ` ~l n v k ~ ' ' ~~ F ~, I i h •" i ~ ~ I ~) 4 ~ yg ~V~ '~ ' ~ -~ E ~`~ ? f t ' ' ~ ~{ € ~ r 1 `b r,. q ~ ~ t ~ ~ k~ I ~ -~ f ~ ~ ! k F i~ ~ t. I ~ t '~ I ~ ~ .e I~ e -~- ,.. .~ ~* ^~ Quadrant Consulting, Inc. Legal Description For Verona Subdivision No. 4 Rezone From R-8 to C-G Lot 1 and 2, Black 12 of Verona Subdivision Number 2, Book 91 of Ptats at Pages 10743-90744; Asia Cqurtty Records and a portion of the Right-Of-Way of North Cortona Way and West McMillan Road, looted in the Soutllwest'/4 of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho described as follows: Commencing at the Southwest comer of said Section ti6, thence South 88°5$'19° East, 855.00 feet along the South line of said segtion to the Point of 9eginning; Thence North 00°21"49° East, 386.$4 feet to the Northwest comer of said Lot 2; Thence North. 8$°36'30" East, '(17.34 feet to the Northeast corrter~of said Lot 2; Thence continuing North 89°36'30" East, 31.24 feet to the centerline of said North trortona Way; Thence continuing along said centerline 157:52 feet along a curve to the right, said curve having a radius of 300.00 feet,. a delta angle of 30°08'48" and a chord bearing'and distance of South 14°l)1'37" East, 155..72 feet; TFrence continuing along said. cerrteriine South 01°00'56" West, 240:22 feet to a point on the South like of said Section 26; Thence North. 88°58'19" West, 184:55 feet along Said South line to the Point of beginning. Said parcel contains 1.623 acres more or less. r~ vA~ erv ~~~~4iiV-xs O~gjlC Ybd 1404 w. Overloud • Boise.10.83705 • Phone {208) 342-~91 • fore {2081 342.0092 • Email: gUOdroni~gvodront.cc CivllEri®inper7ng • 5urveyirig + Corniructionnncnagement ; ~ ~ l ,I t f s ~; ~ ~ ~ y~ , 1 ' ~ ~ S i i; .l ~i ~ k'. ~ ~~ F _ ~~ I~ ~ a ~r ~ ' i. } s i`~ ~ r: ' ~ . } i E `~ ~r ~ `. ~ 1 i R ~ ~~ ~ ` f ; ~ t; ~ ~ ~~ # l ~ ~ j ~ ~ ~' ` 5 ` ~ ~ YIt Y ~ i i l ~ , i ~ 3.' ' ~5' ~ :` ~ ~ . ~ ~~ ~. ! )- ..i ~ 11? ~ i I L ~ 'i'. ~ j '~ 4 r ; ~ ~, I ~ } ~ ~ ~ ~ y. ~ ~~ ~{ ~ ~ ~ ~ ` i i ~ { t yp~ lt~ { . { g ~ i i ~ ~ !: ' ~ i ~ a ~ ~ ' ~ ' 1 ~ ; ` t 1 k~, ` I d ~ ~ ~ ~ ~ ~ ~~ ~. , ~~ ~ t , 1 ;` ~ ~; ~ 3 , r ~n ~ I , ~ '~ K ~ {' ~ #~ I i ~ i t ~. '~ ' ~ ~ C i i ~ ~. ~ S f I ~~ ~ + ! 1 ~ ~. r 1~.~1 ~~ Quaclrcint Consultl~ng: inc. Legal Description Far Verona Subdivision No. 4 Rezone From R-8 to L-0 Lot 12, Block 10 of Verona Subdivision Number 2, Book 91 of Plats at Pages 10743- 90744; Ada County Records and a portion of the Right: Of Way of North Cottons Way, located in the Southwest'/4 of Section 26, Township 4 North, Range 1 West, Boise Meridian. Ada County, Idaho described as foilt5ws: Commencing at the Southwest comer of said Section 26, thence South 88°88°19 East, 1301.40 feet along the South line of said Section; thence North 00 29'44" East, 965.44 feet along the F::asteriy boundary of said Verona Subdivision Number ~. thence North 89.``36'16" West, 280.87 feet to the Northeast comer of said Lot 12, being the Point of f3egirinittg; Thence South 11'0,4'28" West, 104.20 feet along the Easterly boundary of said Lot 1:2; Thence South 00°29'44" West, 110A0 feet to the Southeast comer of said Lot '12; Thence North 89"30'18" West, 94.54 feet to She Southwest corner of said Lot 1'2; Thence continuing North 8930'18" West, 29.77 feet to the centerline of said North Cortona UUay; Thence continuing. along said centerline 72.98feet along a curve to the left.. said curve having a radius of 200.00 feet, a delta angle of 20°90'87" and a chord bearing. and distance ofNortf 38'43'10" East, 72.57 feet; Thence North 42'49'44" East, 26.98 feet to the Westerly boundary of said !ot 1'2; 'thence continuing North 42°49`44" East, 31.43 feet slang the Westerly boundary of.said Lot 92; Thence North 08°39'53" East, 112.1;0 feet to the Northwest comer of said Lat 1'2; Thence'South 89'30'18" East, 132..00 feet along the Northerly boundary of said t.ot 1.2 to the Paint of Beginning. Said parcel contains 0.669 acres, more or less. QY ocT i z ~a7 MERIGIAtd PUBlIG WORKS DEPT. I9o4•w, pverland Boise. ID B3lt>.S • Phone i~el 842{91 ~ Fox 1~13aa-0.092 • Email: gvbdtonft§lquadronl.cc Ciw7 Engineerklg • Surveying • Constriction Management r ~ i ~ t 4 ~ ~ r F ~ ~ g ~ ~i 4i 4 ~ ~ ~ i t.. ~ ~. . f k ~ ~ ~ ~ ~i°' ' t ' ~i ~ i ~ 3 i ! i ' ; ~ Q ,r ; t ~~ ~1 ~ ; ~~ ~ . ; i ,~ , I i 3 ~1 I ~ ~ ~ ? ~ ~ y a ~ ~ t n ~ ~ ~ ~ t ~ ~. j s ~ t ~ it ~ ~ ~ t ~ I ~ k ~i". s r v i . ~ :. ;; r ~ ~ F ~~ _ l ~~; fi r g { PP ~ ~ y i { r~ tj..: ~ ~ ~ ~ I ~ _I ~ 1 ~~r ~ i ~'~~ ' r t ~, „~~ }„~ r ~ ~ a 4 ~ ~ F :i ~ i. i ~ 5 ;~ i E t ;~~~ ~r t it ~ I ~ ~ i ~2 ~ ~ I ~ ~i' ~ ~ d ~ ~- ~ ; = y ~ i ~ i '~ ~ ~ 1 i ~ ~ i ~ 99 '~ t . ~ . f ~' ~ i p ~ `` ' ! t ~ t j ~ ~ I ~ ~ ~ t t , ~ ~} ~ ;I ~; ' F ~ f~, ~ ; i si , i ~ ;y . i. e t; ..I ~ B'k r~ [ ~i ~ } ,1 tr'3iY .~i~:~ ~ ~ ,~ ~~1P ~ ~t t ' cs` S t I ~~ } ~ ~ i ~ --• • - .---- ~~ I ~'~ ~ 8 Y ~ 11. ,~ A6INlEL8JI1 ~ m a RI CQlt7Qt!M MAY °'^ ~ ~«~~~ VERONA SUBDIVISION N0. 4 _~~ ~I ;~~ REZONE fXN18lT ~~•Awadran „~,,, SECRON 28, T. 4 N., R. ! W., ADA CRtINlY una(i ng.ne e ~ I <~ N- ~ a _< ~ ~' p oy~-~ Vl Z A3 09 '0 f o ~ ~ ~~~ N ~~ ~ o ° $~ °f- a ~ d S b ~ ~. ~ g~ D I ~ a p.v ~• V N ' '~ ~. ~ ~ ~ i ~' I ~ ~ I p I' ' V A O ~~ I ~ ~ ~ VAY 1 ~~ a ~ ~. ~ :~ "~... Z ;a. roxa I! ~~. .~ i~ ~ ~ ~ ~~ .. ~~'. ~ 1'f A m tl r Q VERQNA SUBDIVISION N0. 4 REZQNE EXN/8lT SECIION 26, L 4 N.. R. 1 W . AOA. COUNI ~'~ w.ma nuwuc c l ~_:@: I f I 1 xoNr6ttaa ~~ ~I~. t ~. _.~ -~_ ~ ~,~, ~~ Q j N ~ 1 g a7 N v w ~~ `a' o R 9 O r 4 l - ~ " ~ a a ~ ~ ~ N ~ ~ ~ ~ . ~ ~ ~ ~ ~ ~ j ~ -~ D a ~ ' ~ 2 N f N in ~ V i7 a u o ~ m c~ c ~~ I ~I fl I CORTQNR VAY y m 11G,Gp - .. 10\ to ri ~ 29' 4a ~ ~ W I~ m O O ++II S+ Ii _____~ ~~°~ VtKUNA 5U8D1V1S10N NO. 4 ~~ ~ ~~ RgONE EXHIBIT ^/~odron} .rcow,, SECTION 2S, T 4 N.; R. t W., ADA COUNTY Corism In.g na xya .mac+,u , ~~ °""° wr'.~..°~° i ~ s_ ~ i i lp ~ t ~~ ~ ~ ~ , ~ ' t I t~ 111111 i 1 ttt " ° ~ ~ 1 ~ ~ ~ ~ ~ :. ~ .~ , ,+. ± ~ f r i ~ i ; r ~ r i ' ~ '~ '~ ~ ' ~ i v ~ ~ ~ ;T ' r, ~ ~ t E~ ` ` ; I , d' ~ i 'i I ~ i r ~ f L: hs~ ' ~ ,~ ~ ~ i ~~ ~ ~ ~ ~ { f ; ~ ~ 1 ~ A ~ ~~ ~ ~ ~ ~ .j ~ ~ E r ~~ ~ } ~~ ~ ~~ i ~ ~ ~ ~ T ~ ) f y i ~ ~. { ~ ~' 7 $' ~ ~ ~ ~ 4 k , ^~' ~ 1 41 ;~ d A ~ ~r al"i ~~ (S ~ I S 1 ~ 1 L y ' i ~ t r ~~ ~E ~ E ~ i' a ~ ~ ~ ~ ~fi ~ i F~ 77 ~ tt~_ `Sf i ~ ~ !E! t t ~~ ~ r ~ ~` B 1 ~~ 2." > 1~' ~ Z ~ ~ ~ ~ r ~ ~ ~ ~ ~ ,i ~ ~~ ~ i ~ ~ ~ z ~ P ~ ~~ ~ ~ ~i ~ ~ 4.~. }~ ~~ r~ ~ .~ ' ~ ~ `' ~~ " t Y ~~ i i3 ~ i ° @ ~~ & 3.F. ~ ~ f ~ .~ .t~ ~ ~. ~~~ ~ 73~ I ~ ~ - • • May 16, 2008 RZ 07-018 MERIDIAN CITY COUNCIL MEETING May 20, 2008 APPLICANT Primeland Development Group, LLC ITEM No. `~ ~ I REQUEST Ordinance No. :Request for a Rezone of 12.64 acres from R-4 to an L-O zone for Bridgetower Crossing Office -southwest comer of West McMillan Road and North Linder Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: ~~~~~~ CITY BUILDING DEPT: ~~ - 13~ 2 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: C'_huCi~ ~*Lf 1ST ~~ Date: 5-~ l0-~' Phone: Emailed: C'_hu~_~a ~~~.~ L.G Staff Initials: Materials presented at public meetings shall become property of the Ctty of Meridicn. ~ ~~ ~ i c ~. ~ ~ i ~ j ! S ~ ~ 3 ~ ~I ~' .5 ~ ~ ~ ~',: ~ ~. ~ ~ ~ ~ 4 ~ u I ~ ~~ ~ ~k i F P; ~ ~~il ~ i ~ ~ ~ ~!4 ~ ' i s ~ ~, ~ ~`I ddd p ~ ~ ~ ~4 3 ~: ~ ~ ~ ~ i ~ ~~.. i ~ 111 ~: ~ ~ I~t ~ i ` ~~ i,,, ~. i III E i i 's ue .:1:: ,e Z'. ! ~• ! •~~", ri:.~ ? y ~ ~ ~~ 5 7 ~ < I ~ i i ,, c ' ~ ~ ~ ~ {~ ~ ~ ~ ,~ i ¢ s Sq ~ ~ ~ r ` d i 4 F iJ i ~1 k c E ~ - i !~ ~ E ~ ~~ ; [f . 4 ~~j. C p I 1 YY 71Z~ i F ~' f i 1 .~ r ~_ ~ ~ ~ f ~ { i ~ ~ '3 , I G ~ #~ i I ~ ~, ~ ~ I ~. . ' ~ ~ r ~ E ~ t ~ } ~ ~ ! j Q I .A~ ~ i ~~ ~ u a .. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.08- I~.~' D 2. PROVIDING FOR RE-ZONING ORDINANCE An Ordinance of the City of Meridian granting re-zoning for land located in the NW `/4 of Section 35, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A". This parcel contains 13.25 acres more or less. This parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed as attached in exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the ~~~"',~y~e~~ ~O..JL1~ , 2008. City of Me~Tdian ~ _ ~~~L Mayor and City Council - By: Jaycee Holman, City Clerk , ,9 ~~ ~ p T t~~ ~ Q.r ~. .~ ~ ~. ~ ~ Y ,. First Reading: 5- ZQ - C~F~ ~ ~V1' ~ ~~ .,,... Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES_~_ NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 08- 1~1Q2 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 08- `3 ~pZ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this 2 Z day of ~~~~ , 2008. ~~1. .~ William. L.M. Nary City Attorney ;, ~, ~~ e ~, ORDINANCE SUMMARY - RZ 07-022 BRIDGETOWER CROSSING COMMERCIAL -Page 1 .. i; Fj ': ~' ~~, ~~ 1~:~; €~~>~ ~~ ~~ '-~ {~:.'F e `'. ~. ~:. ~, a. ~1 ~~i ., ~. I :~, 1 k Y t ~i ~~ f. ;. ~i F i; ~, ~ ~' ,; ~ , ~i , ~S ~~ ~:!' 1 I d i I IH ti • ADA COUNTY RECORDER J. DAVII~ARRO AMOUNT .00 E BOISE IDAHO 06122J06 02:02 PM DEPUTY Bonnie 06arbil8g ll RECORDED-REQUEST OF ~~I IIIIII~I~~'~~'~'I"~~'~~'~~'~~I'~~ Meridian City 108~Et5'~798 CITY OF MERIDIAN ORDINANCE NO. V a ~ ~ ~ ~ °~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE FINDING THAT PRIMELAND DEVELOPMENT GROUP, LLC, THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-47-O18 BRIDGETOWER CROSSING OFFICE) FOR REAL PROPERTY BEING A PARCEL OF LAND IN THE NE '/a OF SECTION 35, TOWNSHIP 4 NORTH, RANGE 1 WEST OF THE BOISE MERIDLAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE-ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIlVIITS OF THE CITY OF MERIDIAN; AND RE-ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-4 (LOW DENSITY RESIDENTIAL DISTRICT) TO L-O (LIMITED OFFICE DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUNIIVIARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re-zoning by the owner of said property, to-wit: Primeland Development Group, LLC. SECTION 2. That the above-described real property is hereby re-zoned from R-4 (Low Density Residential District) to L-O (Limited Office District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. RE-ZONE OF BRIDGETOWER CROSSING OFFICE - RZ-07-018 -Page 1 of 3 • • SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of {~(~~' , 2008. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 2.d~ day of m Q,~~ , 2008. ATTEST: JAYCE~HOLMAN, CITY CLERK MAYOR de WEERD `````'`,~`~ti,t1~~~l~grti,~~~'''i OF ~'" ~o SEAL ? ~ 7 ~~ ~Y p RE-ZONE OF BRIDGETOWER CROSSING OFFICE - RZ-07-018 -Page 2 of 3 ~ ~ ~" ~ n I y ~,' _ ~~ ~ ~ t ~ :~ ~ ~. ~~, ~ ~ ~~ ~ Sri ~ ~ ~ ~ , ~ S ~ ~ ~ ~~ ~ Y , , ~ t~j 1 ~ ' i 7 , a : . z y ~~ ~ ~ j i ;~ ~ 7 ~~ y~. i r , ~ I . ~ ; ~~ I ~ ; ~ i~ 4 ; ` ~;, ` ~ 3 1 _ ~ ~r ~ I 2 ;t i~:~~ t ~ s 1 pa f i 1 ` ~ ..h ~I! ji ~ ( y ;'a' ~ ~V ~~ ' ?~ ~ 1 T ~ }) ~ I ~ ~ ~ ~, I yy ~ ~ _ ` ~; : ;~ . ~: E i } ~ J~J. ~ l ~. t,_ E iE~ 1 { '. ~ It 1 1 ~~ C i ~.~ ~`' L~ , ~ ! _ ~ S C ~~~A • STATE OF IDAHO, ) ) ss. County of Ada ) On this ZU' day of (~ , 2008, before me, the undersigned, a Notary Public in and for said State, personally a eazed TAMMY de WEERD and JAYCEE HOLMAN, 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 9VTTNESS WI~REOF, I have hereunto set my hand and affixed my official seal the day and yeaz first above written. (SEAL) ; ~S, ~O T•9,;~,',,~~: ~ ~,. • 1 . ~ • • . ~ ~ ~ '•~ of im~:•' ••..... OTARY PUBLI FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: ~n-t i-I 1 RE-ZONE OF BRIDGETOWER CROSSING OFFICE - RZ-07-018 -Page 3 of 3 ~ ' ~ ~~ } ' 1 ~ x ,~ _ _ ~ . ~ f ~% ~ i ~ ~ ~ i~ : ~ s~ {" ~ 1 N~ + ~ ~ i t }} 6` ~ ~ ~ ~' t ys¢ ~ ` {ri ~ ~ ~ , , " ~ . { r t ~ r: ~ { ~ ~~ ~ ~ 3 ~ ') ~ 4 ~ i. ~ { ~ T . S ~ C p ~ , I ~j E T s ~ ~t "'y ~ ~ ~ ~lx~. ~ I y 4 ~' ~ _ ~ . ~ ;~ ~ ~ ~ ~ ~~ , i ~ i , ~i {{ r ' n t 2 ~ i3 k ~4 ~ ~ E a. k . F r ~ S ~'r'= ~ ~ ~ ~ - A I 4 - #^ ~ • • Ezhibit ~ - Bridgetower Crossing Office ~r 6Zuadrant Consulting, Inc. Legal Desoriptton Far Brtdgetower Crossing Subdhrlslon No. 15 (Rezor~) Rezoning tram R-4 to L-O Lot i 5,16 and17, Block 36 and Lot 1, Btock 39 of Bridgetower Crossing Subdivision No. 11, Book 95 of Plats at Pages 11804-11805; Ada County Records, lot 43,44 and 45, Block 32 of Bridgetower Crossing Subditirision No. 12, Book 96 of Picts at pages t 1834- 11836; Ada County Re~rds and a porition of the Right-Of-Way of North trncler Road, West McMigan Road, and North Coppercloud Way located in the Northeast quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada Courtly, Idaho described as follows: Commenting at the Northeast com®r of said Section 3b, being the fsotnt of 9eginntng, Thence South QO°15'17" West, l3f 7.40 fast along the East line of said Section; Thence North 89'19'30" West, 418.01 feet to the Southwest comer of saki Lot 17; Thence North 00'15'17" East, 1316.35 fast to the North line of said Section; Thence South 89°28`07" Fast, 418.00 feel along the North line of said Section; Said parcel contains 12.837 acres more or lase. >w st (1~T 15 2t~{ M ~~ pEPt~ ~ ~ ~ I i < ~ ~ ~ E i ~ i ~~ ~ ~ d `~ ~ ~ ~r ~ u ~ ~ ~ ~f i' ~ i ~ `'` ~ ~ .~j~ ti' ~ ~ i "~' I i u F ,; ~~ ~~ c ~ ~~ c ~ $° ~ ~ ~ r ~ 'r 1 _ ,~ ~ r ~ s , ~ ~ s ~ ~ ~ ! E ~ i ~ ~ ~~ ~ ~ ~ ~ g fy { ~ ~ 1 ~ ;[ F I. ~ s ~. ~ !ir ~ f ! 1 e ' d ~ :I ~ y ~ j ~ ~ ~~y'~ ~ I ~ , , ~ 1 1 { ~ II ~I ~ e ~ ~ ~~~~ 1 x ~ "~ ~~ ~~ ~ Y ~ { ' ~ ` 4 i ~ " ~1 ` ~ , I~ ~l ~ e ' ~ 7; k i ~~ ~ _ ' , f , ~ i ~ IFS; ~ ~ n ~ ~ ~ ! ;I t ~ ~~ r , ~ G !. , ~ 4 ~ f i i1 ~ ~ r ~ 4 ( ~ ~~ ~ F ~ D ': ~ ~7' J _ ~ ` ~' ~' ~ ~ ~ ~ i ~ .~ i y . ; ~ , ~ +~' . ~ ~ ~. g~ i sr •o~ roe M~ ~ ~xot~sorara keaa sxaann oi~tend tamalasw L~~v ~ - ~. A9 IA3~1 1 i p I ' I i i Z t I ! I Y j i } I f 3 I w I ~ I ~' I S H O W N $ O W ~ a Z as Q J N Z t~ O ~ t,~ a~ V t7 a V W n ~ ~ U v ~ c 0 ~~ ` ~ . ~ ~ ' i~ ! : c ~ 1 ~ 'f'a ~ ~ p(a. ky i ; w {~. ~ ' :~ ~ ~k ~ c; I i ~ ~ r 3 t ' ~ ~ ; ~ ~ i ~ ~ i ~ ~ ` ~ ~ I ~ ~ ` , ~ ~1 ~ E ~ i 9; * ~ t k .`~ 1 I ~ k j ~ ~_ ~ i ~ i ~ ~ [ f ~ ~ € ~ , ~" ~ ~ p I . , , ~ r ~ ~r ~ , '~~ { P I I ~ ' ~~ ~ i. ~ ~ f f ~~` 1 ~ ~,~~ 3~ ~ ~ ,`, ,s ,s ~ ~~ ~ ; , ~~,~ ~ r. 5 ±~~~. ~ ~ S1 ~ xsi ' i 1 ~ ~ ~ ,i _ i f '~ t w' i i i i. ' t A 4 ~ k jj ~ ~ ~ ~~ !l ~ ~ it , ~ ~ ~ y .` ~ ,~, _~ ~~ ~~i ~ G t ~ ~ + ~ ~ 11 ~ ~ l i t .1 ~ ~~ ~ ~. 'f ;f e ~ ~: ~ '. :. . ~.g'. . .. : fd~.~ ~ €~. ~- ~ ,-1 ' ~ ". ::. l t i h , a ,. May ~ 6.2008 RZ 07-022 MERIDIAN CITY COUNCIL MEETING May 20, 2008 APPLICANT Primeland Development Group, LLC ITEM NO. ~ 1Z REQUEST Ordinance No. :Request for a Rezone of 7.37 acres from C-G and R-4 to C-N zones and a Rezone of 5.88 acres from R-4 to L-O zones for Bridgetower Crossing Commercial - e/o N. Ten Mile 8~ s/o W. McMillan Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY Sste alfached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ,Yb~Qi R 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: C1~uc.k C h ri ~eYlS~r1 Date: 5- I ~,p-~ Phone: Emailed: CI.1uCK 0.~ ~~r~ri m nt . C C . Staff Initials: Materials pr®sented at public meetings shall become property of fhe Ct1y of AAeddtan. i ~ s ' ~ I~ i ~ i i ~{ f~ I ~ ',~ ~;1 + 1 j ' l ~ R;. ~ ~ ~3: '~ '~ t ~~ ~ ~~' ~ ~ : ~ ~ ~ d ~;; ~ ; ~ ~~~' i. ~~ 4 ~( ~ ,~ ~ ~: ~ > `~ n ~ i ~~ ~t;_ ~ y; ~~ , , ~ ~ t'° # L ~ ~ ~~ i ~ t '~ 1C~ 1 I ~ ~f l ~ ~1 y~ t ~ ~ ~ ~~ `1i ~ I T~~ : ~~ f ;y ~ 'SEA ~ ~ ~ i ' l h ' ( 1 "kt ~ 4 ~ v _~1 f` i'1 1 r k ~~ r I d f . ~ ~ ~~ ~ ` I I ' ~ 1 ~ I ~', , ~ {'rj I ~~ ~ ~ ~~ ~ ~ ~ ~ - ,. i 3 ~ .~f :~ ,~ ~ r f f 'h NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.08- I ~~ PROVIDING FOR RE-ZONING ORDINANCE An Ordinance of the City of Meridian granting re-zoning for land located in the NE '/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A". This parcel contains 5.29 acres more or less. This parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed as attached in exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective on the 2®fi ,~q'0 "~~~~, n , 2008. ~~ i ~ ~ ~r r City of eridian ~~AL Mayor and City Council ,~ By: Jaycee Holman, City Clerk ~, ,y ,~~ First Reading: S- 20- 0~ ~~''%,,,~~O~j~ . ~~•`~~~`` Adopted after first reading by suspension of the IRule as allowed pursuant to Idaho Code 50-902: YES~_ NO - Second Reading: Third Reading: STATEMENT OF MERIDLAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 08- ~~Ln 3 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 08- 13~a3 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~Z day of ~ 2008. ~~ William. L.M. N City Attorney ORDINANCE SUMMARY - RZ 07-018 BRIDGETOWER CROSSING OFFICE -Page 1 ~ ~~ ~: ~ ~i i i ~ i 3 i J ~ 9~ 2 e i I ~ r;- ~: ~ ~ S '~ : ; r ~r ~ ~ ~ ~ ~~; ~ ~ 1~ ~ i F -j jj ~ ' ' j {rr~ ~ +QT ~ s 7 ~ ~ ~ f ~t ? } 7 y ~ ~ t~ i ~ c ' ~'' i t i ` ' ` ~ ~ ~~ ' ~ ~' G- y 'Is' ~ ~ ~ ii 1 -~ `,j~ ` ~ .f d ` ~~~ n ~ ~ 11 ~: ~ p F R 111, ~ 7 ~ {~ i ~, '. ~' ~ ~~ , ` , ~ it `~, r.?° ~ ,~ ;~, ; ~ ~ ~, ;, , f f ~ ~ ~ ~~ ~ ~ ~ .,, t ~ j R ~ 'u f I r ' ~ r ~~, ( ~ ~' ? ~ 111 ' ' ( ' }{.' ~ ~~ A is ~. ~~ T ~ yy ~ ~ffAY ~ ~ 'I ~ ~ ~; ~ ! ~. i'L~t. a I .• r 1. ~. ~ F ~ + ~ ~ ~~~. r ~ y~I ff~ y4 ~ F3 .. ~ f ~ 5 ~~ I I.. I ~r ~~ i S f ADA COUNTY RECORDER J. DAVI[+'ARRO AMOUNT .00 9 BOISE IDAHO 05122108 02:02 PM ' DEPUTY Bonnie OberbflBg f ! RECORDED-REOUESTOF ~I~I~~I'~'I~I~~~~I~~~~~'~~~~I~~~~~~~~ Meridian City 108059799 CITY OF MERIDIAN ORDINANCE NO. O `~ ~~~~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE FINDING THAT PRIMELAND DEVELOPMENT GROUP, LLC, THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-07-022 BRIDGETOWER CROSSING COMMERCIAL) FOR REAL PROPERTY BEING A PARCEL OF LAND IN THE NW'/4 OF SECTION 35, TOWNSHIP 4 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE-ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LINIITS OF THE CITY OF MERIDIAN; AND RE-ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-4 (LOW DENSITY RESIDENTIAL DISTRICT) AND C-G (GENERAL RETAIL AND SERVICE COMMERCIAL) TO C-N (NEIGHBORHOOD BUSINESS DISTRICT) AND L-O (LIMITED OFFICE DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF TffiS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re-zoning by the owner of said property, to-wit: Primeland Development Group, LLC. SECTION 2. That the above-described real property is hereby re-zoned from R-4 (Low Residential District} and C-G (General Retail and Service Commercial) to C N (Neighborhood Business District) and L-O (Limited Office District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re-zone said property. RE-ZONE OF BRIDGETOWER CROSSING COMMERCIAL - RZ-07-022 -Page 1 of 3 • • SECTION 5. 'T'hat the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith aze hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepazed in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) sepazate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in foil force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of ~~-~~ , 2008. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of , 2008. _~ `~+++++~''""'~~1V1f,~.YOR T Y de WEERD ATTEST: - ~~`o ~- AL JAYCE OLMAN, CITY CLE~ '`~ ~~ RE-ZONE OF BRIDGETOWER CROSS~Qtb~~.~Q~A~El'tCIAL - RZ-07-022 -Page 2 of 3 ~ , ~~ ~ ~ i i ~~ r ,. , ~„ ~ ~ ~, ~, ;4 { ~ ~ 1 '. ~ ~' fi I . y 3 , ~ ~ ~ ~i f1 ~ ( i ~. ~ ~ ~ ~ % r i E ~ ~` ' ~ ~ 6 ~ ~ t ii '. i ~~ 4 ~ E ~ ~ Rt; ~ ~ ~ f ' '' 3' I h ,f ~ ~ '.i ~-~ ~ ' J~ q r t Z,~ i ~~ ~~ , 4 i ' C ~ F ~L 5 ~ ~ ~J,~ . ~ ~ . ~ d ~ ` ' ~ ~ ~f i f t~~ ' j * ` ~ r j.~ ~ p ~ ~ ' 1 # ~ 3tz: 3 ; I~ ~~ I~ I~~ w i ~~ a ' ~ l g t i t t I E5 ~ ~, I, ~ I ' t 1 ii t fir' ~ I '~ s ~, ~ ii 1 F I t f i ; v SS _n ~ ~ h j '_~ a ~ t i .} f ~a ~ 1 f ' STATE OF IDAHO, ) ss. County of Ada ) C~ 'i'"` On this 2G day of , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE HOLMAN, 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) .: OTARY PUBLIC FOR IDAHO RESIDING AT: 1 1 It L,~ ~ ~ ~j MY COMMISSION EXPIRES: ~[~(-I RE-ZONE OF BRIDGETOWER CROSSING COMMERCIAL - RZ-07-022 -Page 3 of 3 r "f 7 1 . i t I s ~ { s i { i ~ 3 ~ F 7 ~ 1~ ~ ` 11 ' ~ f t 1 ~ ~ ~ 1 t ~ a a ~~ ~ t '~ xI ~ :: 1~ I :! ! 1 s ~ `~ 5 -. i ~ ~ 1 3` ' ° ~~ ~ ~ ~y~f i ~ ~, ~ ~ t y ~' { j( F ~ ~ ~ f i E `~~ ~'1 i'£ ~! i 4 ~ III ~ ~ ,; y _ 3 ~ ~ s _~ j 7, ~ . Ifs ' ~~ iF ' ~~ ~ E i ~~ ~~ i Y f ., ~ } E ~~ t ' ,~ , , ~ t~ f ~ ~ ~ '. tSi ~ !! ff ~ t ~ I i ~ '~ ~ 1 .! 5 i ~ ~~' ~i t FSt . : ~ I i ~ f i ~p a j ~ t ~ r ' ~ ! ~ i ++ : j ~~ ~ ~t ~ ~ ~ 3 f 6 ,~ ~ ~ ' } ~ r~ j ~ Y ~ ~ ~ ~ ~? • j ~ r i ~ '~ ~ ~ !! 33 { Ezhibit ~F - Bridgetower Crossing Commercial •- .•, ..., ~/ . ~~~ +auclc~ant Consulting.lnc.. fegai Desccrlptlon Far Britlgetow®r Crossing Subdiv~istori No, 16 • (C-N Rezone) Rezorie•from R-4. and C-G to C-N Lot 66 tliru 70, BIcOk t0 of •t3ridgetower Crossing Subdivision No. 7, Book 92 of •Piatis at Rages 1'Q91 &1.0.91:9; Ada County Records and a• portion of the Rtght=OY Way of Nord Ten Mils Raad..and West Quintele Diive located in the 'Northwest quarter of Sectiton 3:5. Toarnstiip 4 North, j2ahge 1 West, Boise Meridian, Ada County. Idaho rtitore paiticulaNy • -described as fiollows: ~Colnnencin8 at the Northwest comet of said Section 35t. thence .South {10'52`45' Wit, 443:00 feet along'the UVest line of said section tp the Point of ~t3egfnnirrg Thence:South 89'07'14°.Ea~st, 222.77•feet along the centerline of:said West Quintals Drive; . TMeince continuing along said centefine 89.32 feet along a curve to the right, said. curve haying a• radius of.300.00 feet, a delta angle of 17'03'32" anti a :chord beating and • cJisten~e Qf 'South •80'35'27° East, 138'.99 feet; Thence continuing. 8.8.54 feet along a curve to the left, said .curve'having a radius of •300Ap` feet. a delfa, angle of i8's4'34° ~artd a chord bea"r'ing and distltrice of South 'so~as8° ~~, t3s,22 feet; • Theneerleavtt[g ~[d c8nterline,Soutti 00'62'48" HVest; '7$8,13 feet to the Southeast oomef of sail!' lot 70; Ttlenoe tVorth $90.7'14° 1Nest, 398;00 feet to•the West line of said Section 35;, Th':ence tyor"tit 00'82'48° East. 812:52 feet along said West line to the Point of `B®gjnnlttg. Saiii pact±el,~ntains 7.37'aeres more or less. RE1-1 ~ ~GYAL • 'sv ~C~D ~~ .Q ~ ~7 • 'OEG •0 ~ ,2~~7 h1ERiwaw PUBLIC . Ce ~ iurnt~ WORKS QEPT. ~~~ ~~~~Q • •T4d.4 W: OveAgnd •. 8dile;.iD $3705; • Phone (2oei 392-0441 • Fox 12081342-0092 + Erito~7i quodfdttt@qutiiltonLcC . _ , ClvihErlgfieeltng • 3urveytng ~ Conshuclton Monogermenf ~'. ~~' t ~? ~. t;,~. a r. ' ~~, $•6> ? ~; ~~~ ~,~`i _. '~ :' i • t2EVf P OVAL . BY a~~ o ~! zc~v~ M wo~s aeaT c C~ ^r ~~ 6~uctdreint Consulting. lnc. Legal Description For Bridgetower Crossing Subdivision No. 16 (L.~ R®ion®} Rezon®fram. R-4 to LA Lott, Block 40 of Bridgetow$r Crossing Subdivision No. 2, Book 86 of Plats at Pages 964'1-9643; Lot 1 th>v 3, Block 1. of i~aitery Subdivision, Book g3 of Plats at Pages 1114U-11'x'41; Ada County Records•and a portion of the Right-0f=Way of Rtarth Ten.Mile Road and 1Nest t3elitower Drive. Jocated in the Northwest quarter of Section 3.5, 't'ownship 4 North. 'Range 1 Wit, tiotss Meridian, Ada Caurlty, Idaho .more partiaitariy described as fo7tows: Commenclrlg: at ttie•Niirthwest comer of said Section 35, thence South 00°52'46° West, 1255.52 fest:elong the West line of said- section to the Point of Beginning; Whence South 89'07'14° East, 398.00 feat to the Northeast corner of said. Lot 2; Thence South 00°52'48° West, 49.4:52 festto the cer{teriine of said West Belitower Drive; Thence North 89'07'14° West, 398,OO~feet along said centerline to the West tine of said Section 35; • Thence North 00°52'46" East. 494.52 feet along said West line to the Point of eeginntng, EXCLUDING THEREFROM: Lot 1., flock 9'0 of Bridgetoltier Crossing Subdivision No. 2, Book 86 of Plats at rages .8641-9643; more pEirticuiatty. described as follows: • Commencing at ti7e Northwest Amer of•sai¢ Section 35, thencas South OU 52'46° 1Nest, 1255:52 feet along the 1-Vest line of said.seotfon, thence South 89'07'14° East, 233.00 feat; tfience South 00°52'48° West, 60.02 fast to the Northwest comer of said Lot 1, beFng,the Point of Beginning; Thence South 88°07'14° fast, 740.00 feet to the Noi~Uisast comer of said Lot; Thence South 00.52'46° West, 145.11 fast to the Southeast comer of said Lot; Thence North 89`07'14° West,140.00 feet to the Southwest -comer of said Lot; Thence North 00°82'46° East, 145.11 feet to the Point of Beginning Said parcel contains 4.05 acres more or less. 19.Q4 w. Ov®gond • 8otse. tD 83705 ~ Phorte {268i 3420091 • Fax.{208) 3a2.0o92 • Email ' C1vll 6igftfeering • Sunreyln8 • coratn,ciion Morw9em~1 '~ i i ~1 i S ° ~ i i~`~ si i ~ 6 ~ -~ t ~ x ~, ~'r ` ~ ~ 7 i~ ` ~ ~ ~~ < ~ ~ ~i ' ~t f i1 ~ I ~ ~ ~ J { I 1 ? „ 2 jjff 'i ~ ~ i I' ~ 4 ~' # ~ F ~~ ~ ' f i ~ ~ ~ :~ ; t ~ ~ x 5 k4 i l E ~ ~ 6 ~ 'i { CCC Y ~ ¢ ~ 1 ~~ ~ F y ~ ~~ f ~ ~ I ~. : . . C ~ N 4 ~ ~ i, p • ~ ~'~ f ~ ~ ' e ~ ~{ ~ r _ ~ I + 7 ~ i ~ ~ r , 1 , ~ rS ~ ~ ~ Q~ ~ ~ ~ ~~ i~ ~ ~ ~ '~~~~ i JJ 4 ( ~ S ~ 4i t'. , _ t ~ ~ .~ ~ ~ ' ~. F i ~ { y [t s ~ ,~ ~ t ' z ~~ ~ , ~ r, 6 ~[ ~ j ~ 4 .f ~ ~ y:i ~ i 3 { ~ ~ tt i r 1 G ~ ! ~ a ~ '~ ~ ~ ~ ~` ( # { t ~ ~ +~ r~ , ---- - -- • . .... ~.j • . _. .._ ss• 0117 6Zuadrant Ccnsu•tfiing, fnc. regal Description Por Bcidgetower Crossing Subdivision tYo.16 (L-Q Rezone) Rezone from R-4 to L-0 " " Lot 3, t3{ocIc.6 of Bridgetower Crossing Subdnrision Na. 2, Book 8ti of Piats at Pagaq ' • 86d1~643; Ada County Records. and a poition of the Right: Of-Way of North Ten NJae Road, Located in the Northwest quarter of Section 35, 'i"owhehip 4 North. Range.i !Nest, . ' Boise tViartdian, ~qdQ Couriiy, Idaho more parttcxrtarty described as foi(cws: . Comfrtencing et lha~NottFiwest comer of sa[d Sactt6n 35, thence South 00'52'4tis Wait, • ~ 2bi4,59 feet along the Westlina of said sadton to the: t~oint of Beginning; - 't'hence South 89:OTi4° East. 396.00 feet to the Northsasf comer of said Lot 3; - Thence South 00'62'QG' 1Nest,. 200.Q0 feat to the Southeast corner of said tot; Thence North 89 Q7ri4° West, 39$.00 feet to the West Itne of saki Section; . 'Thence Plorth Ot? 52'A¢" ~rast, 240,rQ0 feet along said !Nest lime to the Point of B®gintrtit~ - Setd parc~al contains 1.89 acres more ar rasa. - •• .. ' REV. 'APRSWVAt . . ~ G ~ 0 ~ 2t1ii7 .~•~ .. ~ 1.906•W.OveAcnd • Boise::IDA370b • Phons~120$13a2-0opl • Fcec~208}362-0092 ~ Errwd:quadranf~avadianlcc . Ci{-D f:h8~Nn9.' Sunreying • CordfiucHcn Manpgerr-ent s '}~ ',) i ~ . - ; ~ i ~. ~~ E~ ~ ° ~ A ,gj tr ~ qq k ~ r{ ~ ' a {~ t 1~ i, } 77 It ~ f - ~ k _ i- ~~ ~ r t 1 ~ f ' ~~ ` a ~ I I 4 1 f t it a ~'. ~ yy 3 ~~ c ~tti it :~ _ __ .. • s ~xh.'b; t B I 4 ~ p ~ o 0 ~ ` i m0. 4O gx CO ~~ 27 26 '~ '> ~ "' ~ 34 35 3 ° Z ~ o iV a ~ F- m ~ `*CEWTERLIRfE OF W. QUIN TA~E DRIVE w ~.r m ~ S89' 07' 1.4"E 222.77 Cl ~ N ~ W C2 i ~ 0 M M N a ~z U v ° ~` W N ~ z o 2 •I M ~~i~i ~ ~ H ~ zd a ~~ U ~ ~ C K Z ~ Z 1P., ~ ~ ~ ~ Chi t~A ~ m r, H ~ I Z ~ ~- ' ,~. $ ¢ M M 41 ~ ~ ~~.._,...' d ~ D F io d' ~ . W . 17 C d' ~t7 Z ~ a a ~ ~ scat z Q O G ttf . ~ ~ tr ~ ~ n o '" .rn. 7• O O o O [V ~ ~ u ,~~~ ~ ~~ d Q' O M O M Z: ~i ~ U M Q ~ 0~O 1~. ~ ~ V N V CV ~. 00'86£ M„til ,E0 .68M ~ u~ ' ~ p t u c •- N ~- ~ u 1, (~i N ~i. [l! 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J ~ ~ <1 27 ~26 ~ ~ ~o z 34 ~ 3.5 ° ~o w ~ a~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ z ~, iti W °D ~ S89' 07' 14"E 398.00 O c o 233.00 ~ ~ SO' SF' 46 "vd ~- (~ ~ ~ g c ~ z so.a2 Q ~On'f Z2 O Q ~ ~ ~ ~ d a ~ S89• Q7' 14"E ~ O v \ ~ ~ i~ _ ~ J J in ~ ~ '~ ~ N O Q °z °' Q v- If5 vNi Z ~, d, a Imo- ~ '0 t Z ~~ ~ Mabl ,LO .6914 •~+- O '" O ~ s ~Q ___._____._ Z ~ ~ ~ ~ Fw-~ N NO W ~ ~ ~ U ~ Q 00'86 M~,f~! ,LO .68N~ 3nibo ~3nnol~~3a .~ ~o ~Ni~a~~N3o '.... ~ ,~ =g W 3 W ~ a - ' W ~ ~; 0 J M F N Cn d- io (N N CO O a w ~ U U G {~' ~ a ~1E ~f 11 1 ~ i F . ~~' ~ ~ ~ 9 ~ ~ ~ ( 1i 511 1 ~,, j a '{ i' j~ ii`' ~ - I E ~ z '~ ~. i 1 f. ~ ~ i~ ~ ~ t~ ~.. ~ t " M f' i&} f- :3 ii t i ~i~ 1 ~ ~ ~~~ c. ~ - ~ ~'. ~ ~~. , t f;C ~ 1 j ~ -. 1 ~ ( 1 J~ { 4i ~ ~ ~ ~ , ~Y ~ ~{ ~4 ~ ~ _ t~~ t f (( F 1 ~ l rI~ f ~. ~ ~ ° ~- ~ i _ ~` t . ~ r f 1 t1t k ~ ~ ` Y ' +~~ > Il ~. I tl 9 jjjlj 1~ ~ a t F.~ I~ y I ~}. ii . ' i ~ t ;i Y ~ ~ ., ~ 1 f 5 d j! I f ~ { a ~ . ~~ ` i J ~ Fa t ° s I i ~ 4 11 f ~ 'Q ' ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ l ~ ~~ ~ t i r , ~ ~ , i x % ~S i ~ ~ ~ F r .. 2 7 i f' ~ y ~ _~ ~ . S .Y i s :g - y .. .~-. F A H Q W ~ NZ W ~ F 4 1~ r~ •. I r• ~. ,3. .;;• . Od02~ 3lilnl N31 `N w~ .. J Lry ~ V w • r ,, : iz ~ ~ i ~ ~ i~'~ r ~ .~ ~ ~ ~ ~ ' ~ ~ ~ ~ ~ ~ li E f > ~ 1 ~ e ~~ ~ }} yi". y ~ i 1, ~ ~~ ~ r ` ~ ~~:i 9 ~ ~ 3 t~~ ~ ~ ~ !~ ~ ~j' i :~ ~~ d', s ~ ~ i y ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ i ~~ e i i ;~ ! E ~ ~ ~, ~ 3 ;~ : ~ ~' ~' ~{ i i ' 3 ~ ~ t ~ ~ ~ f ' ~ ~ ~ i I ~ ~ s ~ ~ ~ ~ 4 ~ , s~ ; . a~ 4 q i~ ~ s [~I 3 t~? S~ ~ ~ ~ ds ~ ? }~ 1 ~ i ~ ~ t ` _ ~ ~ ~' ~ E" ~ ~" ~r '~p~ ~ ~ ~ i a ~ ~ Gg ~; ~ ~ 1 ..( ~ ~ ~ n: ~ 3, ~ ~ j ~ S ~~ i ~ ~~ ,, ~ ,,i : . _ _ ~ ~ ~ q ~ ~ ., ~ z a ~ ~ ~- ~~ r ' ~ ~ ; ' f € a r ~' { i~ `~ 1 i ~ ' € ~ e May 16, 2008 FP 08-010 MERIDIAN CITY COUNCIL MEETING May 20, 2008 APPLICANT Primeland Development Group, LLC ITEM NO. ~ $ REQUEST Request for Final Plat approval of 12 commercial building lots and 2 other lots on 18.9 acres in C-G and L-O zones for Verona Subdivision No. 4 Northeast Corner of Ten Mile Road and McMillan Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See attached Staff Report A~i>rU~e r No Comments See attached Comments Date: Phone: ~rarr urinals: Materials presented at public meetings shall become properly of the Clfy of Merldtan. -- ~ - r 5 ~ 1 ~ Y ~ E N,' k S 4 ~ F ~ ~ i ., j ~ e ~ ~ - i fir- :.~ ~ ~ ~i~y`~ i t j ~~ f ' ~ i ~ } 1 ~ ~ tll ~ i ~ ~ ~~ k I ~ ~i t _~ y ~ ~ ' ~ ~ ~ f~ .. { t ~ r f ~; e ~ . ~ I' ~ ~ ? I ~ ~ G ~ ~ ` . ~ ~ ~ ~, t f~~ ~; ~ ( Y t ~ ~ I ~ j . f f ~ [ ~ 't f' ~ ~ ~ f ~ ~ ~ iii r~ I ~ ~e ~. f ~ ~ I ~ ~ i (1 ~ : Ly j ~ 1 j f f h' i ~ t 1 '~1 t !A . - ~ ~ i ~ ~ ~ , ~I ~ I ' ~ . ~ ~ { ~A '~ i ~ °~ ~ ~ ' r ! 1 I ~ 1. ~~ ~ ~ ~ ~ \~ BEFORE THE MERIDIAN CITY COUNCIL C/C May 20, 2008 IN THE MATTER OF THE APPLICATION OF PRIMELAND DEVELOPMENT, LLC FOR FINAL PLAT APPROVAL OF 12 COMMERCIAL BUILDING LOTS AND 2 OTHER LOTS ON 18.9 ACRE5 IN C-G AND L-O ZONING DISTRICTS LOCATED AT THE NORTHEAST CORNER OF TEN MILE ROAD AND MCMILLAN ROAD IN SECTION 26, T. 4N., R. 1W. AND IS A RESUBDIVISION OF LOTS 1, 2, 35 AND 36, BLOCK 10 OF VERONA SUBDIVISION N0.2 ALONG WITH A PARCEL OF LAND LOCATED IN THE SW 1/ OF THE SW 1/ OF SECTION 26, T. 4N., R. 1 W. CASE NO. FP-08-010 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on May 20, 2008, and the Council finding that the Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: May 20, 2008, 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: ORDER OF CONDTTIONAL APPROVAL OF FINAL PLAT FOR VERONA SUBDIVISION NO. 4 / (FP-08-010) Page 1 of 4 r e ' ~ ~ ? t ~ ~~ , 1 1~~ ~ ~ ` 1 ~s f E ~ ~ ~ ~ ~ ~ ~ s~ ~ ~ ~~ ~ ~ , t! a ~ ~ ~~ ~ ~; I I y p ~ s G ~ ~ f ~ I > ~d ~ ~ , 1. ~ ~ p i ~ ~ ~ ~ , t1 t ~, ~ 3 y~ i i FF k r } ~ ~ ~' 4 ~~ ~ S 1 ( 1 l[ ~ ~ ~ ~ ` ~ ~ ~ ~ ~ t ~ ' ,1. -" ~ ~.E ~ r ~ t -~ ~ I i ~ z ~ ;I ~ k ~ ;~ y y. ¢ {4 i~ ~ F: p F i p r - I ~ 'i 444 y y~ ~~ , .. ~ ~ i I ~ ' Ile [[i f Y' , Y~ ~ ~ 4 d .~ ~ 7 n 1 ~f ~ ~ t S ~ -~ ~ 1f i -I ~I S . r' ~ ~ } } ' S t ~ 11 ~1~ ~J a .3 ~I ~ C ~ ~A ~ :I ~ R ~ { ~ ~' ~ '~ _ t 1 , Fj ~ ~~~~ • 1. The Final Plat of "PLAT SHOWING VERONA SUBDIVISION N0.4 LOCATED AT THE NORTHEAST CORNER OF TEN MILE ROAD AND MCMILLAN ROAD IN SECTION 26, T. 4N., R. 1 W. AND IS A RESUBDIVISION OF LOTS 1, 2, 35 AND 36, BLOCK 10 OF VERONA SUBDIVISION N0.2 ALONG WITH A PARCEL OF LAND LOCATED IN THE SW '/ OF THE SW % OF SECTION 26, T. 4N., R. 1 W., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2008, HANDWRITTEN DATE: 03/13/08, SHEET 1 OF 2, QUADRANT CONSULTING, INC.", AND PRIMELAND DEVELOPMENT, LLC, Developer, is Conditionally Approved subject to those. conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: May 20, 2008, listing 12 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 14 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 4 pages, and by this reference incorporated herein, and the response letter from Quadrant Consulting, Inc., a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements of the Council taken at their May 20, 2008 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VERONA SUBDIVISION NO. 4 / (FP-08-010) Page 2 of 4 ~ r ; ~ a, ~ ~~ ` , ~ ~l ~ ~ ~~ , ~ ;. ~ i '1 E ~~ ~~ r ~~ ~~ ~~ ~ g ~ ~ ~ - t ~ ~ ~ ~ ~ ~ , {; ~ ~ e '. t F`. I i f '~ ~ ~ i ~, i_ ; .r ' ~ ' s : ~ r b ~ ~ ~ ~ ; t r 9 ~ ~ ~ ;E ~~". u ; ~ ~ s l ! ~~ ~I ~ ,( } ~ ~ h %~~ ~ '~ ~~ ~ ~t,~ ~ ~ ~ ~{ ~ ` ~ ~ i ~ ' ` ~ ~ a - ,~ ~ ~ I !~ f 1 ~ ~, : Y ~ g~. ~ ` 7 j;y ~ ~ P : ~ i~ f ; ~ ~ s ¢~ ~ ~~ ~ f ~ ~ ~ ~ ~ ~ ~ ~ „ ~;r V ~ ~ ~ y ~ ~d 3 i 1 I~ I a + y € i i ' 3 3 1 z~ i a t ~" JJ ~ ~ ~uy~ ~ ~ ~ }' I E~_' 't 's ~ • The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-offis not to create a mosquito breeding problem; we will require plans be submitted for a plan review for any food establishment, beverage establishment, child care center, or grocery store. 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 TAHINGS 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 maybe 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 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VERONA SUBDIVISION NO. 4 / (FP-08-010) Page 3 of 4 ~ j ~~' ~' ~~ , ^. 1' ` ! ~!~ ?' '' : ~ a , ~ ~ t i~ j { { C`.. ~ Y ~ ~~ ~~ -; ~ ~ 4 ~; ' ,: i~'( j jo ~~ ;i r1' ~~ ~r i `~~ ~ . , << { ~!~ i! i 1 I '4~ ,! ~ ~~~ t ~E ~~f ! .ii; { ~ ,~ 1' ~IMp ,i i fj ~; F ~ ii ~ {~dt ;! ~~E4 ~1! r lii i~ ~~ .I , ik~ ! ~ 1` _' ~ ~ ~ ~~ _ ~ ~ ~ ~ ' 'r ~ ~ ~ F ~ e ~ ' . i i ~ I i ~k i ~ '~ E 1 i E~ ~ s J. t k, _' j. ~{ ~ ~ ~ +~ t i i ~ v t E ~ u { ~ ~ ~ ~ , ~ ~ ~ i ~ .~ ~i ~.' ~ I i , ~ v ~ y ~ I ~ } J j' ( k ~ ' J~ I ~ d~ ~ ~ ,l LJ U 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 ~.® of , 2008 u u„ BY'---1~~~i[~LC~ ``~~~~~~ ,,,,,,,., Tammy i `~. d~ ~ q~ -.: Mayor, l Attest: ~~ o .- = EAL Jaycee lman, City Clerk % '`~ ~ .,~ ~Q, • Copy served upon Applicant, the $~1~~Cic~ ~d~iir City Attorney. ~~'~"" "'~~ ~ B . ~~~- Y ~ ~- Dated: City Clerk's Office 'eerd of Meridian day Department, Public Works Department, and ~ • 5- O~1 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VERONA SUBDIVISION NO.4 / (FP-08-010) Page 4 of 4 CITY OF MERIDIAN PLAI~NG AND PUBLIC WORKS DEPART~TS STAFF REPORT STAFF REPORT: Meeting Date: May 20, 2008 E IDIAN-- TO: Mayor and City Council 9 [~ ~ ~I ~ FROM: Kristy Vigil, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator S5 208-898-5500 SUBJECT: Verona Subdivision No. 4 Request for Final Plat Approval of Verona Subdivision No. 4 Consisting of 12 Commercial Building Lots and 2 other lots on 18.9 Acres in C-G and L-O Zoning Districts by Primeland Development, LLC (File# FP-08-010). We have reviewed this submittal and ,offer the following comments and conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SiJNIlVIARY & LOCATION The applicant, Primeland Development, LLC, has applied for fmal plat approval of 12 commercial building lots and 2 other lots on 18.9 acres of land for Verona Subdivision No. 4. The zoning districts for the proposed subdivision are C-G (General Retail and Service Commercial District) and L-O (Limited Office District). Verona Subdivision No. 4 is located on the northeast corner of Ten Mile Road and McMillan Road in Section 26, T. 4N., R. 1 W. and is a resubdivision of Lots 1, 2, 35 and 36, Block 10 of Verona Subdivision No. 2 along with a parcel of land located in the SW % of the SW % of Section 26, T. 4N., R. 1 W. The City Council approved the preliminary plat for Verona Commercial Subdivision on March 18, 2008. The submitted fmal plat substantially complies with the approved preliminary plat. Staff recommends approval of Verona Subdivision No. 4 with the comments and conditions stated in this report. SITE SPECIFIC CONDTTION5 1. Applicant is to meet all terms of the approved development agreements (instrument # 10101117652 and 103097612), annexations (AZ-O1-003 and AZ-03-005), rezones (RZ-OS-006 and RZ-07-017), preliminary plats (PP-03-003 and PP-07-022), conditional use permits (CUP-O1- 006 and CUP-03-007), development agreement amendments (MI-07-013 and MI-07-014), and fmal plat (FP-03-050), applications for this subdivision. 2. If the City Engineer's signature has not been obtained by 03/18/2010, the Final Plat approval for this subject phase shall expire. FP-08-010 Verona Subdivision No. 4 FP.doc s ~ ' F F' ~ ~ ~~ ~ . ? ` , ~ 9~ 7 x ~ '' r~ i ~ ~ ~ .i b e~ i t ~I ~i ,' j' ;~ i z, ~ ~ ~; {' f i ~' ±,. i` Exhibit "A" PAGE 1 ~~ ` ~ ~ ' i ~ ' ,A~ 3 I s i F ~'~ ~ ! ~ ~ i 7 ` u ~ } " i ~~ ; ~ i j r s 4r ~ ~ ~ _ J ~~33``J~ ' I ~ ~~ !y~ s j i~. r j+~ ~ 1{1{1{ i ~ ~~ P I j x t I ~ `t ~. ~ ~~. ~ I~ f ± i f ' { ~ ~ ~ p ~ ` ~ f ~ s ~ ~ ~ [ ~~ v t IG ~ ;a ~p ' r• ~ ~ ~ ~ : t f i ~ '~ CITY OF MERIDIAN PLA~NG AND PUBLIC WORKS DEPART~TS STAFF REPORT Revise or add the following note(s) on the face of the plat prepared by Quadrant Consulting, Inc., stamped on 03/13/08 by Peter W. Lounsbury, prior to signature of the final plat by the City Engineer: 1.) Revise to remove number 100079863 and include Development Agreement numbers 101117652, 103097612, and the recorded numbers from RZ-07-017, MI-07-013, and MI- 07-014. *.) Add a note addressing the maintenance of Lot 37 Block 10, Lot 15 Block 12, and the landscape buffers along McMillan Road, Ten Mile Road, and N. Cortona Way. *.) Add a note, "Direct lot access to N. Ten Mile Road and W. McMillan Road shall be prohibited." *.) Add a note shall be added to the face of the final plat granting cross-access/cross-parking per site specific condition number six. 4. Prior to signature of the final plat by the City Engineer, all existing structures shall be removed or relocated from the site. 5. Prior to occupancy of the first building, or prior to the City Engineer's signature of final plat, the amended development agreements (MI-07-013 and MI-07-014) and rezone (RZ-07-017) shall be recorded. Prior to the City Engineer's signature on the final plat, a note shall be added to the face of the final plat granting cross-access for the proposed subdivision. Across-access/cross-parking easement/agreement shall be recorded for all commercial lots within the subdivision. All lots within the subdivision shall have access to the access points to McMillan Road, Ten Mile Road, W. Milano Drive and N. Cortona Way. In addition, across-access easement shall be provided to the commercial property to the east. 7. Graphically depict on the face of the plat the required 25-foot wide landscape buffers along McMillan Road and Ten Mile Road and the required 10-foot wide landscape buffer on both sides of N. Cortona Way. 8. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7, and as proposed on the landscape plan. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed on the east side prior to release of building permits for this subdivision. 9. The landscape plan, prepared by Harvest Design, P.C., and dated 09/18/07 is approved with the following changes: a. Add the tree class to the plant material legend. Submit three copies of a revised landscape plan to the Planning Depaf-ttment prior to signature of the final plat by the City Engineer. Said plan shall be consistent with the changes listed above. 10. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Richard Buttram, at 887-1620 for more information. 11. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. Exhibit "A" FP-08-010 Verona Subdivision No. 4 FP.doc PAGE 2 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPART~NTS STAFF REPORT If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 12. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIItEMENTS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. 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 prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior to applying for building permits. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-SC-1. A written certificate of completion shall be prepared by the landscape architect, landscape designer or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 7. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 8. 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. FP-OS-010 Verona Subdivision No. 4 FP.doc Exhibit "A" PAGE 3 CITY OF MERIDIAN PLA~NG AND PUBLIC WORKS DEPARTTS STAFF REPORT 9. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 11. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 12. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 13. The applicant's design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 14. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. STAFF RECOMMENDATION Staff recommends approval of the final plat for Verona Subdivision No. 4 (FP-08-010) with the above stated comments and conditions. FP-08-010 Verona Subdivision No. 4 FP.doc 4 €, i ~~ ~ f aI r Exhibit "A" PAGE 4 lt~' { ~ ~ ~ ~' ~ ~ 9 t ~ ~ a ~ ~~ ~~ ~ 1 i j }3 ~ ~ .F ~ I i g. .1 ~. ~ c ~ i Z i + ' ~ ~ yL~' t ~ i ~ p ' i i 1 ~ ~'' ~ ~ ~~ a ' +' ~~~ e a' ~~ ~ i ~~`1 r ~~. ~ 7 d ~ q [i,1 ! ~ ~ :~ ~ ~ ! ) -{ S .~ !} ~. ~ S J Jyf . it : ;zl~ ~ ~ ~ i ~~t~ f ~ t I ' ~ 7 f ~ ~~ i~, r ~ ., ~~ ~i. ~ t ,` f ~, ~ ` ~ ~ ~ + ~ ~ ,, ~. ~ . ~p^ 1 ~ e ' ~ 4 ~ r: . ~ ; ~ i I ~ ~ f ~ „~ C' 4 S I F i ~ 4 ~:~ ., 0 May 20, 2008 Ms. ICristy Vigil Meridian City Planning Department 660 East Watertower Lane, Suite 202 Meridian, ID 83642 Via Email: vigilk@meridiancity.org ~~ ~.~ ^^ 6~uadrant Consulting, Enc. Re: Response to Preliminary Staff Report -Verona Subdivision No. 4 Final Plan Dear Kristy: Thank you for forwarding a copy of the preliminary staff report for the above-referenced project. Please review the following items before the final version is printed: SITE SPECIFIC CONDITIONS 3. "Add a note, "Direct Iot access to N. Ten Mile Road and W. McMillan Road shall be prohibited.'' Please modify this note to read as follows: Direct lot access to N. Ten Mile Road and W. McMillan Road, except as approved by the City of Meridian and the tran~rtation authority with this application shall be prohibited. "Add a note shall be added to the face of the final plat granting cross-access/cross- parking per site specific condition number six:' We would prefer to not include this note on the final plat. We will address cross-access and parking in the project's CC&Rs. Instead of adding this note to the plat, we would recommend that we provide a copy of the recorded CC&R's to the City Engineer prior to his signature. Thanks for your help with this project. Sincerely, QUADRANT CONSULTING, INC. ~/~-- Chu Christensen Principal cc: Mr. Frank Varriale via email 1904 W. Overland • BOise.ID 83705 Phone (208) 342-0091 Fax (208) 342-0092 Email: quadrant@quadrant.cc Civil Engineering • Surveying • Construction Management Exhibit "B" ~ ; y o I + ~ ~ I ~~ , r ;i i + ~ { 5 : I ~ j 'f i 4 ; ~ ? ; ~ ~~ i '~ ; ; ~ ~ ~ } ~ s ~ I ' i t ~ ~ , ~ : ~ !! i ~ i i ~ ~ ~ ~ ~ , ~ ;'~. (ik ~ ' r ~ `~ ~ ~ 7 ~ ~ ( ~ ~~ i .1 , ra~,~t f, ~ ~ ~ s ' ~ >' ~ f ~ ~ j ~ ! -tits ~' 3 . ~ ~C ~~ j ' ~rl S ~.~ i ; t ~ ~ ~ tki ; ~ s . ~ ~ ~ i ~ i j Y ' 1 i 5 ~ ~ , 4 ~ ; 4 f ~,'# I ~ ~ , 3 ' i ~ ~ ~ ~~ i s 'i ti ~ [ 'E - ~ ~* E ~~~ i ~- ~. ~ 4 ~+- i ~ ~ f f ~ ' i ~ ' s , : ' ' 1 fq~ s ~' I t~ ' [ ~ ; k }~ i . i • e May 16, 2008 AZ 08-003 MERIDIAN CITY COUNCIL MEETING May 20, 2008 APPLICANT Mason 8~ Stanfield ITEM NO. 14 REQUEST Continued Public Hearing from April 22, 2008 -- Request for Annexation and Zoning of 12.06 acres from RUT to R-40 and C-C zones for Regency at River Valley (REVISED) -- 2500 Norfh Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See Previous Item Packets /Minutes See attached Recommendations ~~n~--, n~~ ~~~~~ c N~o~~~ ~9 ~-~~- ~U MERIDIAN POST OFFICE: OTHER: See attached Email from Lars Anderson Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. P~ ~g~ 'b I. ~!~' ~ ~ ~ ~ ' j ~ e' ,~ ~p t. ' ~ ' ~ '~~ ~~ 1.5 I #~ ~, j ~ 1 ~ ~ ~ t ;~j ~ ~6 i ~ 1 ' - } Yt~ ~ -~ ~ j l ~ i S, i r ~ ... ~e €.~ ~ ~~ i 1 ~ ~ t t . ~ 3 ,~~ ~ ! AY it ~ ~ _ ~ ~- ~ f ~ ~ S ' p I ~ ~ . { } ~~ r ~ ~ ~ ~ ~ ~~ ~ ' ~ ~~ ~ 1' ' ~ k ~ ~ ~ y i fit. ! t ~ ~~ ; ~ ~ ~ ~ ^~~ ~ ~ { 1 S ~.! ~ F_ ~ I ~ ~ t = . _ jj 1 , Z r ~~ t~ i ,~ ~ ~ ' ~ ~ ~ ~ . . u~ i e ~ 2 .~ ~ '. i I ~ i ~ t ~ ~ ~ ]] ! r ~ i ~ ij Y Ci I ~ Y ~ ~C ! ~ 3 ~ ,1 1, 4 s ~ '`r i C - 1 ` ~.~ ggg y ~.F. i S i ~ + ~ ~ ~ - ~ r t f~ S ~. ~ M t ~ 7 - r J a. i ~ ~ ~ 'i ~ ` E ~ ~ I -i ~ !t ~ ~ ~ ~ r p}~ u ~ • May 16, 2008 CUP 08-004 MERIDIAN CITY COUNCIL MEETING May 20, 2008 APPLICANT Mason & Stanfield ITEM NO. 15 REQUEST Continued Public Hearing from April 22, 2008 -- Request for a CUP for amulti-family development in a proposed R-40 zoning district for Regency at River Valley (REVISED) -- 2500 North Eagle Road AGENCY COMMENTS CITY CLERK: See Previous Item Packets /Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendations CITY ATTORNEY CITY POLICE DEPT: Cb~-~- ~ ~ ~ ~ ~u~l 1 ~ ~I~/q p~ I C~1.1 CITY FIRE DEPT: CITY BUILDING DEPT: ~ ~- 2~ 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 Email from Lars Anderson Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the Clay of Meridian. `'' ~ ~ ~ t `; . ~ I' t ~ j ' ~ ey :" ' ~ , ;t r ~ t t` ~. i ~ ~ i i ~ j~ I d ~ + 1 , r{ 1 4 ~~ ~ ` I~ ~ ' ~ I -~ ~ ~ ~, x { i f: Sty rr i i ~ j d~ ~I ~ ! C ~ ~' ~~ jjj ,,, k i ~ :~; ~ ~, ~ [ * yp ~ ~ ~i. ~ r q F f ~ I ~ p y ~ ~~ ` L ~ { ~ ' ~~ # l z t l l yl ' I i t ~ s j.. ~ ~Z~ f ~` F S '. ~ ~ .ti ~' ~~k' F ~: - ~: p r + ~~ ~ ' ~ ' t ` F I '9 , ~ i r # £€1 C ~ ~t 1 y ~ 1 ~ ~- ~~ ~ ~ I 1 j SG - ' r I ~ i E~ i 1~ r ' ~ ; ~ ~ . ~~ ,~ ~~, ~ • ~ E ~ ~ ? I t i t ~ i i ' • • May 16, 2008 VAR 08-002 MERIDIAN CITY COUNCIL MEETING May 20, 2008 APPLICANT Mason & Stanfield ITEM NO. 16 REQUEST Continued Public Hearing from April 22, 2008 -- Request for a Variance to the UDC for a reduction in the number of parking spaces required for multi- family dwellings in covered carports or garages for Regency at River Valley AGENCY CITY CLERK: CITY ENGINEER: COMMENTS See Previous Item Packets /Minutes CITY PLANNING DIRECTOR: See attached Recommendations CITY ATTORNEY i ~ CITY POLICE DEPT: ~~~~ ~ ~ ~~ ~~ ~ }--~ ~~ 111 999 CITY FIRE DEPT: CITY BUILDING DEPT: ~ ~~ ~~ ~~ g'' 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 Email from Lars Anderson Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Cffy of Mertdlan. ~ ~ ~ ~ ~ + ~ .t{ I ~ '~ , ~ ; ~ ? ' + , ~-~ t ~ i. $ ~ a r vbl j ~, f ~ a~ ~ b 't ~~ ~ '~ ~ ~~~ ~ ~ ~ ~ ~ ' i~ ~ I ~ ~ ~ } . :s , >~ ~ I } ;~ f `~ ~) E { v ~ ~? t ~ ~ I fJ ~.' _ ti pi E 1 r ~ I .; i i 11 ~ ' ~' ~ { ' f ~ + ~ ~ ~ y,, ~ ~ y ~i 1T `1 titx i 3 f ~ t ~ I ~ E D }' l~ ; ~ '' f i i ~ ~ i ~ 1 I ~ ~4 1 ~` t~~ ~ ~ i i S 'a -~,~ ~ ! 1 ~ 1 ~ ~ f ~ s r ~ ~ ~ 5 i~ t ~ ~ ) i I ii , ~ ;~~ R, ~ - ~, ~ ,~ ~ ~ ~ r~ N' l , a 1 ~ ~, €1 I ~' ~ ~ f e~~ ~_f ~ • May 16, 2008 TE 08-003 MERIDIAN CITY COUNCIL MEETING May 20, 2008 APPLICANT Ten Mile Development, LLC ITEM NO. 17 REQUEST Continued Public Hearing from May 6, 2008 -- Request for an 18 month TE to obtain City Engineer's signature on FP 8~ commence use in accordance with conditions of approval for Umbria Subdivision -- n/o W. Franklin & w/o Ten Mile AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY COMMENTS See Previous Item Packet /Minutes See attached Memo CITY POLICE DEPT: ~ ~~~ CITY FIRE DEPT: ~~ u~f~ CITY BUILDING DEPT: r ~ - ~ ~ -~ CITY WATER DEPT: J CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: ,,,u„ „,,,,,,,,, Materials presented at public meetings shall become property of the City of Mertdlan. ~ ~~ ~I ,' t gig. , ~; s * ~r ~ s ~ I s ~ kt ~ ~ a i ~ ;~l i ~ l .3 C; 1 f 1 ~ ~ $ F ?' ~ # 2 ~ ~ II 1~ ~ ? ~K' ~ ~~, ~' ~5 ~ i ~ ' F ~, ~~ ~ 3 r # ! 9 ` , ~ ~ :~ ' x I ! 3 ~ ' ' L~ ` ~ r ~ S[ R ~ }'~, HI ~'.I ~ I i Y r~ ~ ~ E t o ;~! ~~ ~ a~ ~ 3 ~ 4 ~ ~~ ~ ~IkIk 3 i ~~~ +' 1• ~ ~~ ~ ~ ~f ~~ ~ ~~ ~, ~ ~~ i ~ y ~ ''y I E i ~ . ~ `' ~ r I. i ~N `~ ~ 4 ;~ ~ f t Phone: ~. ~~. V 4 I E.. ~~ I ':j ~ ~ ~ . ~ E °P1 E i ? c 1 r ; I j ~ t ~I ~ ? I Ip ~ M f ~ f r ` e i. z 7 , ,,y}~~ , J r~ ' _ ' I t t ~ k ~ ~ ~ i ~ '~ 5 f I I'.1~ 5 ~- ~~ i f ' ; ~ ~ i i `1 F ~ ~ I i f ~ ,, I ; jl ; - ~ p. ~ f ; i May 16, 2008 VAR 08-004 MERIDIAN CITY COUNCIL MEETING May 20, 2008 APPLICANT Kinsan Chan ITEM NO. 18 REQUEST Continued Public Hearing from May 6, 2008 -- Request for a Variance to the UDC which prohibits new approaches directly accessing a State Highway to allow a temp access to SH55/Eagle for Great Wall Restaurant -- 2590 Eagle AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS See Previous Item Packet /Minutes C6~~t 1 ~'1 l..l e ~bl i C I-IeGr i r~q Date: Phone: ~~U~~ ~~~~~~u~~. Materials presented at public meetings shall become property of the CRy of Mertdlan. May 16, 2008 SHP 08-003 MERIDIAN CITY COUNCIL MEETING May 20, 2008 APPLICANT James McLean & Karen Swett ITEM NO. 19 REQUEST Public Hearing -- Request for Short Plat approval to create 4 condo in an existing 4-plex unit on 1 residential building lot on 0.15 acres in an O-T zone for Noe Valley Condominiums -- 121 East King Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: ~ e ~ ire ~-~ ~~~ CITY FIRE DEPT: CITY BUILDING DEPT: ~ ~ ~~ CITY WATER DEPT: CITY SEWER DEPT: No Comments CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: See attached Comments SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: See attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~ 9 ~ i ~ ~ . ~ ~ i s ~ iS ~ I ~ ~. f ~ ~-I - ; ~ iF ! ~ E i ,f ~". ~ E ,~"7 i - .1 t ~ ~ a ~ ' ~ a ~ ~ ~ `i ~ { ~; . I ~~ f ~ 4, ~~ 3 i! 7 ~ .~ ~ ~ F I ~ ~ ~ 1 j ~ ~ ~ ~I ~ q ~ ; ~ . i i f F, ~~ ~ I '3 ~ '~ - t ~ q i i ~ ~ i 4 i l R '~ ~ ) ~~ ~ 'Z 4 E ' ~ ` { I I , ' ~ ~ ~ 1 t ~ ' r ~ Z.7 i' 1 ~ t ;f ~ ,f'. ~ i ~ ~a i~l ,LI f a r f ! ~ May 16, 200$ AZ 03-034 MERIDIAN CITY COUNCIL MEETING May 20, 2008 APPLICANT Carl & Bonnie Reiterman ITEM NO. Z® REQUEST Amendment to Ordinance No. 04-1067A -Request for Annexation and Zoning of 11.31 acres from RUT to R-8 and L-O zones for proposed Razzbeny Crossing -south of EastMcMillan Road and west of North Locust Grove AGENCY COMMENTS CITY CLERK: CITY ENGINEER:. CITY PLANNING DIRECTOR: CITY ATTORNEY See aitached Ordinance CITY POLICE DEPT: CITY FIRE DEPT: L~~~ ~~ CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Mat®rials pres®nted of public meetings shall become property of fhe Cify of Meridian. i t~~CL ~ 1~` .F :~ i ~ ( t ~l i f ~: F t ~ t~ ~ ~; ; , , i ~~ ~ - ~ ` ~~ r ! ~ ~~ ~I ~~ ~ ~. I~ r ~~' , ~. e~ k ' ( ~ ~ ' y k { ~` g ,~ j . ~ ' ~ ~ ~ 1 ~' d )~ ;1 r #~ ~ j r 'it It{ t * ~ . rc.' l; ~~ ~~ ~ ~ ~ ~ ~ ~ 5 i ~~ 9 ~ ~ ~~ ~ ~ s ~ ~ ' ~ ~ I ~ ~ ~ ~ ~ ~ ~, j ~~ 1 ~~~. 1 e t o F F` ( j ] h C' { -i 1 E. ~ I 1 ~ ~~ .e Z J `~ ~ E` I I : ~ ~ ~ t :t I ~,~ ~ ~ , ~ ` ;~, ~ ~ fi f ~ t ~ ~ { ~" ' I s ~ ,~ ,~ ~ I F ~ ~~ [ . r' 4 .. 11 j~ ' ~ , C C ~ ~f i ~Y Y~ ~~ ~ ~ ~ i4 y I~ ~ - ~ t ~. I ~ ~ ~ F~ 7 1 , I { i G ~~ ~ `t`t r~f ~ . `~ IIII {¢ ~..5, I.,i. I{ S ~, I i NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN AMENDED ORDINANCE N0.04-1067A PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Amended Ordinance of the City of Meridian granting annexation and zoning for land being a portion of Lot 10, of Crestwood Subdivision No. 1, as filed in Book 28 of Plats at page 1757, Records of Ada County, Idaho, and Locust Grove Road located in the Northeast'/4 of Section 31Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 11.41 acres more or less. This parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall become effective or,~~re"'~~w;~}ay of ~ ~~~ , 2008. .~~` _ r1F~k~lE a~s~. ~~~.. '' ~ o City of eridian SEAL Mayor and City Council By: Jaycee L. Holman, City Cler~~' 9 T ttc~ . ~ ~ ```, First Reading: s • 2~ ~ ~ ~c~,~___, ~~ Adopted after first reading by suspensiori~bf thal~~xl~~as allowed pursuant to Idaho Code 50=902: YES ~( NO Second Reading: Third Reading: STATEMENT OF MERIDL~N CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 04-1067A The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 04-1067A of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~ ? day of , 2008. C,.~~'~ ~ ..~ William. L.M. Nary City Attorney AMENDED ORDINANCE SUMMARY - AZ 03-034 RAZZBERRY CROSSING Page 1 s' ~' ~, ~ ~ .~ ~ ~ ~r ~ 4 4 5 ~S, 1 ~ 3} ' ~ ~ ~ !3 ~4~ p~ ~ 2 ;~i3 F. d ~ ~ ; 1. ~ I . { ~ ." ~.. . { 3 F ~' f 4 { ~ 3 { 1 3 ~ { ~ ~~ }~ ". ~ h ff ~ t '~1) j. j8i r ~~t~ ~. .p jS ! i jjj ~ ts? ~ z ~~ r ~I}. 1 ~ ~ ~ ~ ~ ~ ~ ' # p I11 t ~ ~ ~~ r i ~ ~ ~ ~=i fi (; f ~ ~ t. ~ ~ 1 a ~ gr ~ + ~ ~ 4 ~ ~ ~ ~ i ; ADA COUNTY RECORDER J. DAVID NAYARRD AIYNUN~ .W iu i BOISE IDAHO 081DBro8 1~IM III Ilflilllllllllllllillllllltllll III DEPUTY Vickl Ailan RECORDED-REQUEST OF 108065~~4 Ci1T of P~aridian CITY OF MERIDIAN ORDINANCE N0.04-1067A BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN AMENDED ORDINANCE 04-1067A (AZ-03-034 RAZZBERRY CROSSING) FOR ANNEXATION OF PROPERTY BEING A PORTION OF LOT 10, CRESTWOOD SUBDIVISION NO.1, AS FILED IN BOOK 28 OF PLATS AT PAGE 1757, RECORDS OF ADA COUNTY, IDAHO AND LOCUST GROVE ROAD LOCATED IN THE NORTHEAST '/a OF SECTION 31 TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT KA" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIlVIITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHIIYG AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED R-13 (MEDIUM DENSITY RESIDENTIAL DISTRICT)AND L-O (LINIITED OFFICE DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUN AIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1, That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: Carl Reiterman and Bonnie Reiterman SECTION 2, That the above-described real property is hereby annexed to the City of Meridian and zoned R-8 (Medium Density Residential District} and L-O (Limited Office District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the Iaws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to aruiex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. AMENDED ANNEXATION OF AZ 03-034 (RAZZBERRY CROSSING) Page 1 of 3 • SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (1 ~) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State TaA Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~ day of YY1(9..Q.~,.- , 2008. APPROVED BY THE MAYOR OF THE CITY OF MERIDIANT, GOAHO, this day of ~1(~,5,~ , 2008. /- ATTEST: ``````~~~~{ ~ '~~,,~~~~''' a~ ~~ --; o'` _ . S~,AL JAYCE L. HOLMAN, CITY CLE16tK ~ ,~~' ,~''~~U~tn~tt »~ti~~~~r~~ AMENDED ANNEXATION OF AZ 03-034 (RAZZBERRY CROSSING) ~' ~, ~~ ~' i ' t: E 1;; 2( y 9 ,E 1 y_ ; ?~. .y 1. F' ~' w.. 1 MAYOR TA~ de WEEt ~ Page 2 of 3 + i ,~ 4 h '~ ~ a ~ 7 ~' ~ i f ~ I `~ f t i ~ ! ~ r ~ f F ~ ~ ~' ~ ~~ r~ i f~ [ 1 ii I' t i ,d ~, `p r { t '~ I, 1 [ "1 , ~ ~ ~ i ~ ~ ~ i i I '~ STATE OF IDAHO, ) ss. County of Ada ) ~ the undersi ed, a On this ~ day of ~-~- , 2008, before m e, gn Notary Public in and for said State, personally appeared TAMMY de WEEP D and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of tl- a City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me th~it the City of Meridian executed the same. IN WITNESS 'R~IEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. TAR, _ (SEAT,) ; ; " N O?;~~i ; TARY PUBL FOR IDA3 [O ;" 'Y ., RESIDING AT: ~~~ `~ ' ~ '~ * MY COMMISSION EXPIRES : 10-1 I" i'~ ~ ~~~^ • ~~~~ ~ ~r • ~ " • :off. ~c ,• •~ •'~AHO~ ~,,.• AMENDED ANNEXATION OF AZ 03-034 (RAZZBERRY CROSSING) Page 3 of 3 P.I~T.21b2 e. • ~~ i~~~~i ~ t~c~i~~ ~Q~t~ englneets & surveyors 1461 S. Tea~r~ Av~uo Meridiaa, Idaho 83642 (208} 288 2693 . Fax (208} 884-800 ~~ November 18, 2403 I~:AZZBERRY GRUBBING A~INEXATIC?N D$SCRIPTIpN A parcel of land being a pQrtio~ of Lvt 10, of Crestwood Subdi~r~sion ~1'®, 1, as fled in Book 28 of Pats at page 1757, Records of Ada Couu~-,r, Idaho, and Locust Grove Itc~ad located in,fihe Northeast % of Section 3 A, T. 4 N., R. 1 E., $.M., .Meridian, Ada Gounty, Idaho, and being more particularly descn'bed as follows: . GomrneYicing at an alumtinunt cap monument marking the Nprt~- east corner of said Se#~id~t 31, &oxn which the East f corner of said Section 31 b~ais S UO°33'41 "W', 2559.03 feet; thence along said East boundary line, S 00°33'41 Vt~, for a diet: _~ a of 1329.42.feet; ' thenc8 leaving said Est boundary lirje, N 89°46130" W, for a di atance of 33.00 feet to the Nortbteast cornef of said I.ot 10; thence continuing N ~9°4b'30" oV along the North boundary ®~ ~ :~~:~ Lot 10, far a distance ~f 2os.7I feet to the REAL Pt?I1VT of SEGlf1~1P ~; ; thence ctsntinuiz~g alaug said North boundary N 89°46'30"'~,1°:;r a distance of 1"404.Zd feet to a mint an the South boundary of Havasu Creek Subdivision No. 2 as flied in Book 87 of Plats at Page 9875 of ~" ."~ County Records; , - . Razzba~y Crossing Aa~exation -1 ~' •i y~ _, ~, ~~ ~i ~; ~i F - thence S 00°34' 16" W along the West bounder line of s~.id ~ _ ; ~~i 10, far - a diistanoe of 332.50 feet to the Southwest corner of said Lot ' 3 (formerly described as S00°02'20"W, 332.36 feet); thence S 89°43'01 "E along the South boundary of said Lot 1 C ~ :: e distat~e of .328.99 feet to a 5/8 inch diameter iron pin marking tl2e Noe = ° ~:st comet' of Lot 11 of said Crestwood Subdivision No. 1 (formerly desc d as . N89°39'49"E, 329.31 feet), thence S 89°47'46" E continuing along the South boundary of - '{:1 Lot 10, far a distance of 1317.04 feet to the East boundary of said Sec: :.~ 31; thence N 00°33'41" E along said East boundary, for a distanncc ~.~ x.64 feet; thence leaving said East boundary ~]' 89°46'30"W, for a distar. ., ~ ~4~.'~1 feet; thence N 00°33'41"E, for a dist~.nce of 208.71 feet to the Novi;. ~ ~n.dary of said Lot 10, and the REAL PO~iT QF BEGINNII+TG, containir ~ 1 t ~.4I .acres of land, more or Less. .. 1'xepared by: Todd R. Waite P.L.S. R xe~,y crossing r~nexstiaat 2 ~, ~ ' 'f ~' ~ 3 ~ ~. ~~' % i i '; 3 t , f ~~ 1 ~ tr,, ?~ ~ ;~:. } . ; >' s ~a~; .. {" ~r } ~ ~ ~ ~ ~~ ~ ~ 1 '~ ' ~? F ~ ~ ~ ~ ;" ~ ~. ;: :, , ~ ~ ~li ~ w y ° ~ 0 2003 ,. ~~ -~r~x~~ R` r iff 'if E i. 8 1 I~ i -~ ~ ~. } i ~ii~ P " f i ~. j I I~ ~ r ~ ~ ~ ~ ~~ ~ ~ ~ r' r ~ ' ~ ~ +~. x~3~- ~ E ~ i ,,,, c~~ ~ ~ G .q d % ~ ~: ~ .3 t I~ { ~ y a I ~ k ~ I ~! ~ I f s ~ f # ` ~ ~ ~ ~ ~ ~ {i ~~ i f ~_- ~. t ;.• F~ a '~ J FAO 1 ~ ~ ~ ~ ;k ~ ~ 5 r. t ~ # e ~ i.~ t ~ ~ _ '' ~ ~ ~~ i ~ i ~ ~ '~ ~. ~ ~ ~ ~ ~r ~G 1~ E ~ ~ y 5:~ e ~~ ~ 1 ~' ~ { ~ ~ ~ k ~'t tom' 2 I I ~ ' ~ 1 i , 4 ' ( ` ~ ~ J f `i ~~ ~ ~ t ~ I E 3 E ~ # ~ # f : : t f tttt 4 ~ ? { ~~ I 1 L ii ~` ~ t y I } S ;~~ k ~ ~ ' ~~ ~ ~ T ~ q ~' r ~ t J 1' I , ~ ' ~ , ~~ f 1 ~ i ~ Ij t ~ ~i~ y } i S . ~ s~, p _ ~ 7 ~' ~1 ~ ~[ t , { f ~ t '~ } 1 } tai y `~ d ~ 9 ~~ ~ k ,i ~. a , E ,3 ~ ~. ~ ~~; ~ ~ Aq $ . L A2 ~ r ' 4 f ~ ~ S F:. ~ ~ ' T ' ' .~ ~ ~ F ~ _ ; E 'I p ~ 3 1 ~ ~ ,~ e _ ~ a ,~j ~ r_~f '; ~ k. e 1~ ~ ~ ~' 1 .!~ ~ t ~~. i. ~ ~~} ~ ~' i ' ~ ~ ~ ~ ,. ~~ I ~' y~ 1 Y~ ^~ 6l~ ~ ~' ~~ ~ ~ ~~ , ~~~ ~ -a 1 a ~~ i i L ~_'Ti~ .~... ,.,m..e..e... • sy . s J ,~~ ~e a • ' ~~ ~_, cfc~ibQrn ~ uutait~ consultin~_ ' I ! ^IT~~I~r I.. engineers & surveyors I 1461$. Tesre Awao~e Meridian, Idaho 83642 " (208) 2$8-2b93 Fax {20$) 884,8002 P.N.2162 Na ~ ~ 2003 RAZZBERRY cROSS1No h-o REZONE DESCR1,P~oN A parcel of land being a portion of Lot 10, of Crestwood 5~ a' -~ 'a. 1, as filed in Book 28 of Plats at page 1757, Records of Ada Co a, and Locust Grove Road located in.the Northeast %. of Sectic~ - ` N., R 1 E., B.1VL, Meridian, Ada County, Idaho, and being more ly descnbed as follows: Cvatmencing at an siwminum cap monument marking the N® ~;~mer of said Sectio~- 31, from which the F.,ast'/4 corner of said Secs ~ ~s S 00°33'41"W, 2b59.03 feet; thence along s-~id East boundary line, S 00°33'41" VAT, for ~: 1329.42 feet; thence leaving said East boundary line, N 89°46'30" W, for ~ •'e of 33.00 feet to the Northeast corner of said Lot 10; thence continuing N 89°46'30" W along the North bound~.r; ~t i0, fc~r a distance of 208.71 feet to the REAL POIIVT OT BED" thence continuing along said North boundary N 89°46'30" ~ ~ ~.rance of 343.24 feet to a point on the South boundary of Havasu Cra Subdivision I®io. 1 as filed in Book 86 of Plats at Pagre 9737 c ° aunty Records; RaabeaY CXossingL-OZone-I s ~' r I ~k i ~~ a~ a ` , I~f ~~ [ ~ F , (~ ` ~ I .. ~ ~ ~~ ',~ ~~ ~~ I } 1d ~ I ~ fir` `~~ If '~ ~ ~` s ~ ~ ~ ; ;~ ~ ~ ~ ~ ~ ~ I1I ~ ~ ` ~ ~ 1 ~ y ~µ ~ ~~ 3 f 1 .t L ~ 4 ~ ~ i { q i ~ ~ , 1 j x ~ , ~ i I `3 ~~_ f I~ ~. I~ a ~ 1 1 ~' ~ ~ s : '~ ~ ~ 3 , _ ; 3E u c ~, I ~ ~' I. E ~ E a +=` I e fj ~ 7 z i ~ ' ~ I i, I ~} i i{ ~ ' ~~. 3 ~ . ~ 7 % ~ ~~ ~ ~' i ~~ r ,7 _ a s ~'(. ~ i } ~ '~ ~ d ~ . t ~; ~ c I 1 i ?,~ ~ i rz' ~ ~ ij ~A 3} ~ t ~ ~ ~ . ~ !. .8 ~ e t ~ • ~- t .~ r thence S 00° 13'30" W, for a distance of 332.56. feet to the :: of said Lot 10; thence S 89°47'46"E along the South boundary of said L®t of 583.00 feet to the East boundary of said Section 31; thence N 00°33'41" E along said East boundary, for a di~~~r feet; thence leaving said East boundary N 89°46'30"W, for a distr feet; thence N 00°33'41"E, for a distance of 208.71 feet to the g#~c said Lot 10, aad the REAL POINT OF BEGIIVNTNG, con's; of land, more or Less. Prepared ~y: Todd R. Waite P.L.S. ~~ ~ a~ PLAY 0 8 2~8 Mwo Pty RaT,zbeny Cramming L-O Zane •2 ,lYd$ry 'stance ~~ X1.71 'nary of QCTeB of .~ i ~`' i ! s~ t,r ~. ,d ~~'t ~ ~ E ` f u tt ~ ; ~' ~ it fit: , x ~ ~}~ ~' i a , f , 1 ~ .i { ' ~ 1 { r f~l 1 ~ I ; ~ ~'; ~~~ ii 1~ ` ~ ~ ~ ;~ k ' 1 i i ~ 'p ~ ~ i; f ~~ ~ j ~ ~ ' ~ - ~ ~ # i ~s ~ ' ~ E ~ ~ gat ' ~ ~ ` " ~ ~ ~ , ~ ~ ~ t , ~ ~ = ~ ~ ~ ~ ; ~ ~, ~ ~ ~ ' ~'. Y i ~ .I 5 E ~ ~ j~j W ~, ~ ~ f ~ ! ' ~. o l `S, - ~E ! P ., ~ ~. ti J ~ , ry ':. ~'. _ , ~ ~ e :~ f'~ ~a L ( g. ~ ; ~-~{~'., _'.: ~ { 4444 ~"-. ~ ~ E ~ (l _ ~- ~. . claibO~r~ ~ uuait~ cons~ulti~ engineers & surveyors 1461 S. Tears Avenue Meridian, Idaho 83642 ~~ (208) 288 2693 Fax (208)884-8002 P.N.2162 Nc 3, 2003 RAZZBERR.Y CROSSING R-8 REZONE DESCRIPTION A parcel of land being a portion of Lot 10, of Crestwood R /° No. 1, as filed in Book 28 of Plats at page 1757, Records of Ada Cc d located in the Northeast j/a of Section 31, T. 4 N., R 1 E., ~' . Sian, Ada County, Idaho, and being more particularly descnbed a,~ Commencing at an aluminum cap monum®nt marking tb~° ~? corner of said Section 31, from wliich the East % corner of said `, ec ars S 00°33'41 "W, 2659.03 feet; thence aloof said East boundary line, 5 00°33'41" W, fir ~ ~ -f 1329.42 fe ;~E; thence leaving said East boundary line, N 89°4b'30" W, fir e of 33.00 feet to the Northeast corner of said g.ot 10; thence co~ac:inuing N 89°46'30" W along the North bouu~ `~ l.ot Z0, for a distance of 551.95 feet to the REAL POINT OF L~ . ~' ; thence con4 i:.uing along said North boundary N 89°46'r. ~ ~staaee of 1061.02 feet to a point on the South boundary ofHava~u Subdivision I®To. 2 as filed in Book 87 of Plats at Page 98%:~ aunty Records; Ramey Cmsdng I~-s Zone -1 ~i S ;~ if i~ al ! ~< F I i; i', F }F x ~ '~ 1 ~ ; t ' . y~ ~~ s~ 4 E ~ ~ ` ` k ~d= . 3 ~. ` . ~ ' r ~i i ~ n ~ ~ ~ ~ , a ~ ~ i, .~ ~;J g R ~ ~~ ;~ r t •z` ~ ~ ~ ~ .ja i ~ ~~? ~, ~ 11 dd~ ~ ~ 1~~ 'j ~ ~ ; ~?~ ~ 4 r i . f ~ ~ . ~ ' ~ ~ ~ ~ z I 1 : ;~ ~ " g ~ ~ 9 ' I '' ~ II ~ "3 , q ~- ~ ~ ~ ~~ i li ~ E ~ ~ f, I~ rt ~ ~. I '~ t~ i ~ ; ' i ijE '; . ~ ; {GZi ~ ~ ' ~ f ~ t' ~ ~ ~ 3 I ~ ~ ~ ,~ ~~ ~ 1 a i T. ~ ~ a ~~ e 1g ~' ]~ ~ 18 a~~E ;~ ~ ~ f~ ~~'. t. i ~ ~~1. ~~ ~ I f i 1 lk f i ~ k' ' i C ar t ~ I rt 53c ~ f + ~ f ~ .a ~, . thence S CO°34' 16" W along the West boundary line o'" a distance of 332.50 feet to the Southwest corner of s~~ described ~s S00°02'20"W, 332.36 feet); thence S 89°43'01 "E along the South boundary of said . of 328.99 feet to a 5/8 inch diameter iron pin marking a ~~ of Lot 11 ®f said Crestwood Subdivision No. 1 (formes ;~ N8~`'39'4_~ "~ , 329.31 feet); thence S ~''°47'46" E continuing along the South boun~~~ for a distance of 734.04 feet; thence N ~~° 13'30"E, for a distance of 332.56 feet to t said Lot 1 ~`, ?nd the REAL POINT OF $EGn1NING, of Ia~.1, ~ ~~, or less. Prcp:red i.,~: Todd R. Waite P.L.S. ae~r~" ~' ~~ Rova~ Y-~' r i ~" 1~. 4~ ~J' 8 MEf '?IAPI Pl,{9LdG 1Pr `_ RVtS DEp1: Razzberry Grassing R 8 Zone -2 10, for Wetly listance corner ~t 10, F of a acres • May 16, 2008 AZ 07-018 MERIDIAN CITY COUNCIL MEETING May 20, 2008 APPLICANT Seagle Three, LLC ITEM NO. ~$Z I REQUEST Ordinance No. :Request for Annexation and Zoning of 9.764 acres from RUT to C-C zones for SetNer's Square Subdivision - 870 West Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date:rj- ~~-Q~ Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. - ~, ~; ~ ~ E ~ ~ i r~: ~ ~ 0 {{ , ~ i i ~ i 1l1 ~ ~ F ~5~ ' 3 j~ 4 f 1~ ' # ~ 1 i ' ~ ~I r ~ I~ a~ , y ~{' j ~ x ~$ ~ ~ ~~ k ~ ` ~ ~ 4 tR ` ~_ € L ~ ? _ i 1 i ~ t ~ ~ t { !~ r ~ I ~ ~ ~~ ~ i ~ p ~ ~ ~ '~ 111 ~ ~ i ~' f i ~ t~ , i 1i _ a ,: ,i ~ f , ; ~ t y j{p p j. 1 i ~ TI .~ ~, ~ s r [ ~ ry ~ ~ if s . F: e E $ ,~ ~ F ~ a "~ 1 a j~ ~' Y;; } ~ ~ ` ~ F ~ 33 F ~ ~ ~'' t 'i { 4 ` q~ q i ~ ~ i i V r t 4 ' ~ . n ~ ~~ k, I j fi< f ~ ~ i ~ ~ t ,t a~. e ~ ~! ~ ~ f _ ~ s i ! t ~ ~ , I~ i $~ ~ I ; ~~rl~~~ ' S r ~ I ~t~ ; I Y ~ ~ '. f ~ ' ~ ~ 1 ` ` r i i t t } NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.08- i3~D~ PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land being a portion of the East %2 of the S W '/a of the S W 1/a of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Attachment "A". This parcel contains 10.18 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meru" 8~4'it+~~,,~his ordinance shall become effective on the 2~'day of ,2~Q~8 '% ~~ ~o .. City of eridian - 8F'AL Mayor and City Council .• By: Jaycee Holman, City Clerk ~~%~~~r ~~ •, ~,.~ ~7 (~ ~avrr ~~ First Reading: Cj-2.®`~ ® ''''//~~'~~~~~it~ ~~1~t~~~~~~`,``'a`` Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES X NO Second Reading: Third Reading: STATEMENT OF MERIDL~IV CITY ATTORNEY A TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 08- 1310 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is a legal advisor of the City and has reviewed a copy of the attached Ordinance No. 08-~of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this ~~ day of 2008. ~s William. L.M. Nary City Attorney ORDINANCE SUMMARY - AZ-07-018 SETTLERS SQUARE SUBDIVISION X: 1 P i,. 1' } Y SS4 ~ f i ~' ~~ i(..~ ~ i I~:: i 1 ' i ~ 3 !! f l ' 1 a ~ ~ ~ r ~ Y '~~t ~ ~ ~~ i -~ j s !r ~ .'a i ~ 1 ~ ~ ~ ~ 1 1 ~ ~ .~ ~q1' ' E3{j 1 i A ~ ~ f ~ j ':~1 a AUA COUNTY ntGUnUen ~. E eoisE IDAHO osros~oe ~o:~• DEPUTY Vicki Allan RECORDED-REQUEST OF City of Meridian C:TY OF MERIDIAN ORDINANCE NO. f~~. T `d THE CITY COUNCIL: BIRD, BORTO~N, RO AN ORDINANCE (AZ 07-018 SETTLERS SQUA' ANNEXATION OF A PARCEL OF LAND BEING A P( OF THIJ SW 1/a OF THE SW'/4 OF SECTION 36 TOW1~; WEST, BOISE MERIDIAN, ADA COUNTY, IDA ATTA(: ' IMENT "A" AND ANNEXING CERTAIN L ' SITUA' ` ~,n IN ADA COUNTY, IDAHO, AND ADJACI THE C IZYORATE LIMITS OF THE CITY OF MER THE C ~ : ~' OF MERIDIAN; ESTABLISHING AND I~ USE ZC~ NING CLASSIFICATION OF SAID LANDS F? TO C-C (COMMUNITY BUSINESS DISTRICT)'~IN T d PROM i SING THAT COPIES OF THIS ORDINANCk THE E'. ~>A COUNTY ASSESSOR, THE ADA COUN7 IDA.H `7"FATE TAX COMMISSION, AS REQUIItED I FOR ~ ~ ~vTMARY OF THE ORDINANCE; AND PRC ~ THE l `.)ING RULES; AND PROVIDING AN EFZ BE IT R GAINED BY TfiE MAYOR AND THE CI1 OF~MERIDI.: `. ~'OUNTY OF ADA, STATE OY{ IDAHO: SECT : ' 1. That the following described land as evid Description 1, incorporated by reference as Exhibit "A'~ is w.t City of 1\~teri ~ (claho, and that the City of Meridian has recei~ annexation ar. re-zoning by the owner of said property, to-wit: ~S'~ SECS" s:~ 2. That the above-described real property is i-,~ from RUT (~` ~~ ~ ~~unty) to C-C (Community Business District), SEC ~ ~ 3. That the City has authority pursuant,~to tht the Ordir.anr ~,he City of Meridian to annex and zone said prc uk:C : 4. 'That the City has complied with all she r. the laws oft: ~ ° ate of Idaho, and the Ordinances of the City of said property S F ~ ' , ~ 5. That the City Engineer is hereby directe~ ' well as the ~ 1 zoning maps, and all official maps depctin~~ i districts v ~ ~ y of Meridian in accordance with this ordna ~XATION OF AZ-07-O18 SETTLERS. SQI Page 1 of 3 nmuvni ,uu v 108068955 ~REMBA TSION) FOR ~'HE EAST '/: ~'Ii, RANGE 1 SCRIBED IN TERRITORY, ITIGUOUS TO QUESTED BY ' G THE LAND DA COUNTY) 1 CITY CODE; `~ [LED WITH t, AND THE )PROVIDING A WAIVER OF ~E. )F THE CITY " ,egal limits of the est for ',C . nd re-zoned city Code. ~f Idaho, and nts pursuant to ~, x and re-zone 1 area maps as d the zoning SION • • I SECTI " ~. All ordinances, resolutions, orders or part: 'herewith are hereby reps 1, rescinded and annulled. i SECT ` °`. This ordinance shall be in full force and eft ~ is passage, approval and l 'c~•,tion, according to law. ' SECT " ;'. The Clerk of the City of Meridian sha ~l, wi :ollowing the effective date '>; ^ ordinance, duly file a certified copy of this c ~ prepared in a draftsman m ,~:r, including the lands herein rezoned, with the o s of the -rand shall County of A~' ~~' e of Idaho, to-wit: the Recorder, Auditor, Tre also file simr ~~ ~ ~ sly a certified copy of this ordinance and m~~ '~ ~' Commission ~. State of Idaho. ~e (1) of the SEC's i 9. That pursuant to the affirmative vote of or .done (1) Members oft :'u l l Council, the rule requiring two (2) separate ~ '' ~linance shall reading in fig' , end the same is hereby, dispensed with, and ac be in full fog ~~ effect upon its passage, approval and publics ppc ' ° ~' THE CITY COUNCIL ®T TIE CITY ~ tDAHO, this ~~ da 1 - ~Q~~ , 200 . App' 'oj' D BY THE MAYOR Off' 'I'~-" ~: CITY OF f "IO, this ~` ~ , 20 J . d'-' ' J -----=~~ ]MAYOR ' ~~ i ATTES'iI': _,~~ ~~ , ~' _.: - ~~ '~ JAYCEE ~' tAN, CITY CL~ ~ ~' ' ~~ ,° ;~ ' .~XATION OF AZ-07-O1~~~~~~,'`':` ,ERS SQ ,YON 1111 6 Lt i; r t '{ fj _ X44 ~ 1111 -y ~ 'a ~ l~. l ~ k _ ~ ~ 3 1 z 1 7 fffffft .! { j$ r S I V 99t ~ r ~ P 5 ~ l# r ~i iT. ~ ~ ~ ~ ~ q ' ~; i ~ ~.E ~ Y ~1., ~ '_ ~ 111.6 ' ~' t~` 4 I i~ i ~ -b~ ~ I its 1 ~ ~ ~~ tb. ~ ~ ~ j~t ~~ v ~h ~ M1 ~ ;i ~ jib I [! ~ ,5 ;, ~ ~ ~ ~, ~ ~~, ~. ~, _ i • STATE OF ID 0, ~ ss. County of A~' ~~, ) On th - da of ~ a~ , 20 ~ 8, before ~ d, a Notary - y IdOLMAN, Public in and a,.1 State, personally appeared TA1~.~1h',Y de,WE known to me ~ ~ the Mayor and City Clerk, respeccive~y, ofithe ~ ~~hexecuted who executed within instrument, and acknowledged to me that the same. al seal the IN ~'' 'ASS WHEREOF, I have hereunto set ~ ~y hand a~ day and yea a' ,we written. ••. 1` ~~\,~~ e p 1p.YY ~ ~, `~..~~ ~ OT!-~1~Y 1~U17L (SEAL) ~ 9~`,~~ RES3D'.;1<; AT ~G - ~'' ~'~: N1Y CC~;v~'~~IISSION '~ .~. ,w-' ; '. ~. ~ +, ~®~ T"+ XATTON OF AZ-07-O1S ~E'I"I':~~ :RS SQU-' ~„N ~, P~geSCe_~ Exhibit A - L~ ' Description . ~,,,, I 0 ;~~ lN~~ ~ ~~ ~~ PA DE;CRII'TION Augtut2,20~7 ~ PR T; . Settlers5goiire l'A: . NO.: 05173.01 p~ ~IandbewgaportionoftlseEaSt1(loftdeSW I/4ot'ib~ 1/4 of Section Cv ~,I3~~,refereucingR,O.S.No,T24A,tnorepatdcularlydesc.: :ai~follows; $r ".~!: ~t the founa t cxtp, (wtger record instrii~nent k1 C ~ . 19?1), nt>~ng' Tt ,rtt, >.S° 44' 00" West eoincidentwith tbe.sotrtl, line of s>u,; :: rtion 36,,adist,~ Th ,rth 00°23' 29" East,666.00 feet w.a fdtmd 5/>l" tebar/pl„ ~ cap L:S.1078Z ''Ib uth $8° 44' 03" East, ¢66.19 •feet to the east line of said /4 of Section 3 T. uth 00°.26' 38" R/egt raInciden;:w, ith:said, east line ofthf '" • i 1/4 ofseid Sect the P OF.BEGINNIIVG.. T• ' ,~~ .,ve descn'bed contains 10.1.8 acres more or lcsv. `I', , : uid subject oo cbvettmrity, easeme~s and;resuicti ans ord or otherwi_. i Rr"I[ PP VAL ,., - •_ L 1.APtD . cFT) ~ i4 ~~~ ~` 31S a d~l1+ANi'UBl1G ~ ~a~ . ~ 1~8~ ~ _ A ` , ~l _ _~ G. Hey. • - 7 07 on 36; to l ~ ~ t~~ ~ c ~ ~ ~; ~ x ~ ~ ~ ~ ~ ~ ~~ ~ fl zi; ~ ~, .1 ! y~ '1~ f I~ ~ ,~ i j I , ~ E k; ; r 2 ; ~ ,1 ' ' i ? ~ i l .. it ! ,.~ {.- • £ c I ~ ~] ~,{ ~ ;. ,~ I ' I ''t l r ~ `i ' ' ~, 1 ~ l' ~9 r ~ ~~ i `r f ~ i 7 ~ ~, J ~ . t .f ~t i. ~ 1 j ; -{li ~ ki' ~ ~ 3 `! I 1 ~ FF 1 ~ ~ ~ 1 ~ I ~ ~I ~ .„ {`' r E h~~~ ~ s I ~~ ~ '' ~ ~ ~ ~ i~ ~ a I ~ ~ ~ ' ~ ~ ' ~ { # ~ I ` s 4 E ?t 1 + ~ ~, h , t ~ n F~' ~ ii , i € ~ ~ ~ ° x s 2 ~ ~ ~. ~ , e 7 5 ). , ~ M Ij 4 "~' ~'`i. EXHI~3IT '' ANIVEXATIDIV' D~ ~ ~RIP~ A PORTION Ol? TS8 ,81/2 of TBS S~ 1/a 'c ~ SW ,1%a ov TO)IIYSBL? 4 HOR~'If, RAIVvB 1 W; r, a1S5 AfRRID dDA COUrvrr, l0 '~ ~~ e 2co7 , Iq ., - - S 8S4t'0T •E 88s. ~ ~ ' ~_ . AREA ~~ acs w~ ~wne wai`i_ rip K w~., ~ RE"1~4' ~Vq~ r v _//` SEA ~ ?OJ') , hiERU U96d~ 1 ~.VO :5 CP1i u' :aiorteac_sAr rm ~e usrtat •~ ~ ~ ;~1. LANp .. w.. uSTtCK Ro . ~~,~ISTPq~~G~` • ~~ ~ o g ' ~ ~ '~1~~ ~ .s ~~ ~ ~ ~ ,I • ' ~ J f ~ !c" ~~ .. HiN ,,~~~.~ ,.:;!. s ' ' , 7-~ ••®WBT~ ? dNCIN8Pk9 • PLGS'NSR4 ~ '.' oRS VlS/T OL~R WRB ~ '~ n-~s. Trr.+vorc ~' May 16, 2008 MERIDIAN CITY COUNCIL MEETING May 20, 2008 APPLICANT ITEM NO. ~'ZZ, REQUEST Ordinance No. :Repealing Amusement License and Escort and Escort Bureau Licenses AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See afMched CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: 0~ CITY WATER DEPT: ~ y, ~/ CITY SEWER DEPT: CJ~ CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the Ctiy of Meridian. y ~` ' fit; ~ i '~,~ ~3 I ~ +~ Y ' ~ ~ ~ i ~ _ ~ q ,, r 3 o i ~ pq~ j}¢ {, { 3 ~ ~~ t~ F ~ ~ g(~ i i ~ ~ s ~ ~ ~: ~ ~ r ~ ~. t ~ ~ s ~ 'F.~ ~ 1 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.08- 131Q ~ PROVIDING FOR A REPEAL OF MERIDIAN CITY AMUSEMENT AND ESCORT LICENSING ORDINANCES An Ordinance of the City of Meridian repealing Title 3, Chapter 3, Meridian City Code and Title 3, Chapter 7, Meridian City Code. A full text of this ordinance is available for inspection at Meridian City Hall, City of ~ 3~3,~ast Idaho Avenue, Meridian, Idaho. This ordinance shall become effective unorr~a~s~.a~~~feation. ~ r~ ~~ ~o City of Merdian SQL Mayor and City Council - ~ By: Jaycee Holman, City Clerk ? 9 ~ ~~~ First Reading:~j- 20- Q ~ ''~., ~(Mr(, ~ ~.~`~ Adopted after first reading by suspension~dflt}ia ~ldul~~as allowed- pursuant to Idaho Code 50-902: YES X NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE N0.08-13~p 5 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 08- (3~9~ of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50- 901A (3). DATED this ~ ~ day of May, 2008. .~ William. L.M. Nary City Attorney REPEAL OF AMUSEMENT AND ESCORT LICENSES -Page 2 of 2 ~ ~ ~ ~~ ` s ~ ~~ ~ ~ i ~ ~ ~ ~ I s ,~ r , s x~ ~ ~.d ? ~ ; s ; , i ~ ~ ;, I t i ~ I,l~ . ~ a~ l ~ ~ € ~ , , ~ ~ ~ ° ~~ ~' ~ S ~ ~ ~ ,~ ~ ~ ~ , ~~ ~ ~ t. ~ I f+i ~+a ~ ~ C ~ ~ ~ yy ~ S 1, I~ ~; 1 E ~h~ i r '_ s ~ ~ f f ~ ~ ~~ i~ ~ f ~ ~ ~ ., I yyy i {{ t... 111 { i ~ E t ~ c ~ ? r ~ ~ i ~ ! s, ~ ;~ ; ~' ~, ~ ,~ ~ i } !, ~ ~ ~ t a i - , '~ ~ ~ ~ ; fit. ~ ~ 3 , ' ~•# ,c f € < ~ ' i a , F , ~ d N F 1 ~ • ~ ~ ~ t p, ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ a t ~ [ f ~ I CITY OF MERIDIAN ORDINANCE NO._~ f ~Y~ BY THE CITY COUNCII.: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING TITLE 3, CHAPTER 3, MERIDIAN CITY CODE, REGARDING AMUSEMENT LICENSES; REPEALING TITLE 3, CHAPTER 7, MERIDIAN CITY CODE, REGARDING ESCORT AND ESCORT BUREAU LICENSES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian finds that the City no longer has a substantial governmental interest in regulating or licensing pool or billiazd tables, bowling alleys, pinball machines, foosball tables, air hockey tables, video games, jukeboxes, or coin-operated amusement devices within the City; WHEREAS, the City Council of the City of Meridian finds that the City no longer has a substantial governmental interest in regulating or licensing escorts or escort bureaus; WHEREAS, the City Clerk's Office has no record of any such licenses being issued by the City of Meridian within the last year, or prior thereto; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 3, Chapter 3 of the Meridian City Code is hereby repealed. Section 2. That Title 3, Chapter 7 of the Meridian City Code is hereby repealed. Section 3. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect on Apri130, 2008. ~n PASSED by the City Council of the City of Meridian, Idaho, this ls~~ day of 2008. APPROVED by the Mayor of the City of Meridian, Idaho, this Z~~day of 2008. APPRnVFD: ~` ATTEST: ~ ~ r ~~ r CITY REPEAL OF AMUSEMENT AND r~ j ~. SEAL - ~~ ~ ~p ESCf~T• LfiTSES -Page 1 of 2 ii EII&El~~; i ~~~`;. ~:: ~~ r~ C^ ,:.~q~ ,~ i ~~ t ~.; ~ ~ # ~ ,' i u F ~r~ ~E ? 1 3 I ~ f ~ ~i1, ~~!`~ ` ~ f1 I' 1 ~ I { ~,~ , i i ~ ,', ~ s i r ~ i''. ,~ , i, ~ :~ a is ~. E '~~ :~ x f `; f'~ i :a .~ i ~' r s ~. e tA~i ~ ~ May 16, 2008 MERIDIAN CITY COUNCIL MEETING May 20, 2008 APPLICANT ITEM NO. ~ 23 REQUEST Ordinance No. ,,~ -J ~J X040 : Reconsideration for Final Decision Ordinance (1st of 3 Readings) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See atPached CITY POLICE DEPT: ~ CITY FIRE DEPT: ~ ~~ V CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented Ott public meetings shall become properly of the Clty of Meridian. • • May 16, 2008 MERIDIAN CITY COUNCIL MEETING May 20, 2008 APPLICANT ITEM NO. Z,~4 REQUEST F~cecutive Session per Idaho State Code 67-2345(1)(b) AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MER-DIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall became property of the City of Meddlan. t~" . ~ i ~~ !' ? ~,~ i ~ ! r I .C e ~ ~ 7• ~~` ~~ I ~Bga ~ ~ ~~ ~ ~ r ~ ~ i ~ I i ~; Ott :f ~ ~.yz, i ~ ~ ~ ~ % ~~ ~ ~ 1. ~t ~ f. ~_ b F ~ ~ f ~ a7 ~ $ j~'i ~ i t i ~ I ~ t '~ 1 F 1 ~ r 1 ~ 7 ~.f ~~ Lk i s I ~ I ~ € .. 1 s ~ ~~°~~~ ~ ~ ~' ~ ., I f i', S ii ~ ( 3i S ;~ s 3 P i' t I 'i ~. Arr~~y'y~ 1 V COMMENTS