Loading...
HomeMy WebLinkAbout2008-04-01 E II~IAN-- • CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, April 1, 2008 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll-call Attsendance: V David Zaremba O Charlie Rountree 2. Pledge of Allegiance: Joe Borton Keith Bird Mayor Tammy de Weerd 3. Community Invocation by Pastor Gordon Slyter with 1'`reasure Valley Worship Center: ~~~3 4. Adoption of the Agenda: 5. Consent Agenda: /~~.-c~ ~~" A. Approve Minutes of February 26, 2008 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Denial: RZ 07- 020 Request for Rezone of 10.1 acres from R-4 to R-40 zoning district for Selway Apartments by Meridian Apartments, LLC - west of North Goddard Creek Road and north of McMillan Road: C. Findings of Fact and Conclusions of Law for Approval: 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: Meridian City Council Meeting Agenda -April 1, 2008 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • D. Findings of Fact and Conclusions of Law for Approval: PFP 07-004 Request for Combined Preliminary /Final Plat approval of 3 residential lots on 0.59 of an acre located in the R-4 zoning district for Blackstone No. 2 by Landmark Engineering and Planning, Inc. - 4700 West Aspen Creek Street: E. Findings of Fact and Conclusions of Law for Approval: AZ 07- 020 Request for Annexation and Zoning of 21.81 acres from RUT to R-15 zone for Chalet Marseilles by RC Meridian Partners, LLC - Northwest Comer of East Ustick Road and North Locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: PP 07- 027 Request for a Preliminary Plat approval with 3 residential building lots and 1 common lot in a proposed R-15 zone for Chalet Marseilles by RC Meridian Partners, LLC -Northwest Comer of East Ustick Road and North Locust Grove Road: G. 1 ~~-NI ~9,~ K. L. Findings of Fact and Conclusions of Law for Approval: CUP 07-023 Request for Conditional Use Permit for 122 multi-family dwelling units in a proposed R-15 zone on approximately 21.8 acres for Chalet Marseilles by RC Meridian Partners, LLC - Northwest Comer of East Ustick Road and North Locust Grove Road: Budget Amendment Interdepartment Transfer from City Clerk's Office to Mayor's Office for Personnel Transfer for $95,048.00: Bucket Amendment for Community Development Block Grant for the Planning Department for $237,789: Water Main Easement Agreement for EI Dorado Building No. 7 by Kimball Properties, LP: Resolution No. ~Q `~ (fi~ :Travel Policv: Water Main Easement Agreement for CPA Investments Building by Kimball Properties, LP: M. Approve Beer, Wine and Liquor License Renewals: Sizzler #215 3380 N. Eagle Rd. Beer & Wine The Big Smoke 234 W. Franklin Rd. Beer & Wine Red Robin 1475 N. Eagle Rd. Beer 8< Liquor Applebees Grill 1460 N. Eagle Rd. Beer Bz Liquor Meridian City Council Meeting Agenda -April 1, 2008 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • ~~ ~~ Sa-wad-dee Jacksons #1 Jacksons #11 Jacksons #35 Jacksons #56 Jacksons.#97 Jacksons #98 Jacksons #99 Jacksons #105 Jacksons #118 Wal-Mart #2862 21 E. Fairview Ave. 1890 E. Fairview Ave. 412 Fairview Ave. 1585 Meridian Rd. 522 W. Cherry Lane 66 E. State St. 3100 E. Magic View 1950 E. Fairview Ave. 180 E. Central Dr. 3291 E. Pine St. 1651 W. Franklin Rd. 4051 E. Fairview Ave. Beer $ Liquor Beer 8~ Liquor Beer & Wine Beer Bz Wine Beer 8< Wine Beer ~ Wine Beer $ Wine Beer & Wine Beer & Wine Beer $ Wine Beer ~ Wine Beer $ Wine N. Approve Beer, Wine Transfer of Owner License Application from Sidelines to Firehouse Pub and Grill. LLC, 1767 W. Franklin Rd., Suite 180, Meridian, 83642: O. Permanent Easement Contract for the Sewer Main Extension at Powers Residence Project with Lyle H. Powers for $10,076.85: 6. Department Reports: ~ 7. Items Moved from Consent genda: 8. FP 08-003 Request for Final Plat approval for 3 commercial building lots and 3 common lots on 4.52 acres in a C-N zoning district for Woodland Springs Subdivision by Landmark Engineering & Planning, Inc. - Northwest Corne~of Locust Grove Road~nd McMillan Road: 9. FP 08-005 Request for Final Plat approval for 33 residential building lots and 1 common lot on 7.61 acres in an R-8 zone for Paramount Subdivision No. 16 by Paramount, LLC -west of Nort Meridi n Road and north of West McMillan Road: ~~ J _ 10. FP 07-032 Request for Final Plat app oval for 192 multi-family units on 48 building lots and 1 common lot on 13.99 acres in an R-15 zone for Canterbury Commons Subdivision by Canterbury Commons, LLC - south of Wes~Pine~Aver~ue and ,~,as~~ North T~n Mife oad: 11. Continued Public HeSSattr~yi--ng from March 4, 2008: RZ 07-021 Request for a Rezone of 27.89 acres from R-4 to C-N (2.75 acres) and L-O (25.14 acres) for the property located on the southeast comer of North Locust / Grove Road and East Leigh Field Drive for Education Campus / Commercial by Joint School District No. 2 -Southeast Comer o N rtQ h ~ -'~-J Locust Grove Road and East Leigh Field Drive: U~~yi,~n,Q~ "~ 15~v'N~ Meridian City Council Meeting Agenda -April 1, 2008 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~~ r i 12. Continued Public Hearing from March 4, 2008: PP 07-025 Request for Preliminary Plat approval of 7 commercial building lots on 25.87 acres in proposed L-O and C-N zones for Education Campus Commercial by Joint School District No. 2 -Southeast Comer of North Locust Grove Road and East Leigh Field Drive: G`~'~'rr'` c~ ~~ ~ ~ >~ 13. Continued Public Hearing from March 4, 2008: MI 08-002 Request for a Miscellaneous application to modify the existing Development Agreement for Education Campus Commercial by Joint School District No. 2 -Southeast Comer of N,orth_ Lo~us~ Grove Road and East Leigh Field Drive: ~'( ~-~ ~~ ~ ~ ~~/ 14. Continued Public Hearing from March 25, 2008: CUP 07-022 Request for a Conditional Use Permit for a medical office in the O-T zoning district that does not meet the criteria of the Downtown Meridian Design Guidelines for Meridian Eve Care by Dr. Dan Thieme - 125 West Cheny Lane: C~,~?~v°~.~, 'k"'~~t`~` ~ i3,~=c~ 15. Continued Public Hearing from March 25, 2008: MI 08-001 Request for a Miscellaneous application to modify the Development Agreement to remove the requirement for cross-access between the properties located at 125 W. Cherry Lane and 1645 W. 1St Street for Mittleider by Dr. q n Thieme -125 West Cheny Lane: G-)~~wv~(.. ~3~ ~/~f~ 16. Public Hearing: TE 08-002 Request for Approval of an 18-month Time Extension to receive the City Engineer's signature on the Final Plat for Kinctsbridae Subdivision No. 2 by Randal Clamd - Kingsbridge Drive and South Eagle Road: '~ „~ ~ ~~3-~--~~ 17. Public Hearing: AZ 07-002 Request for Annexation and Zoning of 3 acres from RUT to an R-15 (Medium High Density Residential) zone for Villas ~ Lochsa Falls by D.T. Campb II Investments - 5555 North Linder Road: e,v~(`e- ~~ ~ ~ti-f~~ 18. Public Hearing: PP 08-002 Request for a Preliminary Pfat approval with 1 residential building lot and 1 common lot in a proposed R-15 zone for Villas ~ Lochsa Falls by D.T. Campbell Investments - 5555 North Linder Road: C~,~, Est (3~.c~ ~ (3~ , 19. Public Hearing: CUP 08-003 Request for a Conditional Use Permit for 21 multi-family dwelling units in a proposed R-15 zone on approximately 3 acres for Villas Ccil Lochsa Falls by D.T Campbell Investments - 5555 North Linder Road: ~~yt-c~f`e- ~~ Meridian City Council Meeting Agenda -April 1, 2008 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 20. 21. d~-c Public Hearing: Outdoor Sales and Ordinance: Temporary Use Permit Ordinance No. Outdoor Temporary Use Permit Ordinance (1 Reading): T ~~ ~~~~~~ Cl.~ ~ (~ o~- r~s Sales and Meridian City Council Meeting Agenda -April 1, 2008 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • Meridian City Council Meeting April 1, 2008 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, April 1, 2008, by Vice-President David Zaremba. Members Present: Keith Bird, Joe Borton, and David Zaremba. Members Absent: Mayor Tammy de Weerd (amved at 8:25), Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Bob Stowe, Bill Johnson, Tom Bany and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Borton O Charlie Rountree X Keith Bird O Mayor Tammy de Weerd (aRived at s:2s~ Zaremba: Good evening, ladies and gentlemen. I'll call to order this regular meeting of the Meridian City Council for April 1st, 2008. It is approximately 7:00 p.m. and we will begin with roll call attendance. Item 2: Pledge of Allegiance: Zaremba: All right. We do have a quorum, so we will proceed. Item 2 on our agenda is the pledge of allegiance. If you will all, please, rise. (Pledge of allegiance recited.) Item 3: Community Invocation by Pastor Gordon Slyter with Treasure Valley Worship Center: Zaremba: Thank you. Item 3 is the community invocation by Pastor Gordon Slyter of the Treasure Valley Worship Center. As he comes forward we invite you to join us in the invocation or take this as a moment of personal reflection. Slyter: Let's pray. Our Father, we thank you for your daily provision for our needs. We thank you for your faithful sustenance for our community and all of our citizens. And we thank you for your grace, amazing grace, that lovingly extends to us a first chance and a second chance and a third chance to walk in right relationship with you and with our fellow man. We pray, oh, Lord, that you would continue to keep our city under your protection and in your good favor. Please, bless these proceedings here tonight. May Meridian City Council • • April 1, 2008 Page 2 of 52 kindness, understanding, equity, righteousness and justice prevail. Thank you for these things we pray through Christ our Lord, amen. Zaremba: Thank you, Pastor. The Mayor often hands out a pin. I don't know if I have access to her drawer or not. Bird: You bet you do. Item 4: Adoption of the Agenda: Zaremba: You're set already. All right. Thank you very much. I'm going to keep yours. Thank you very much. I don't have one of those. Okay. Item 4 on our agenda is the adoption of the agenda. Bird: Mr. Vice-president? Zaremba: Mr. Bird. Bird: On the Consent Agenda we need to remove Items H and I, the budget amendment, and bring them back next week under department reports, I believe, is the -- the issues of the Council and -- Planning and Zoning need to redo that. Item K, our resolution number is 08-605. And under Item M, vacate the beer, wine, and liquor license for Corona Village. In the regular agenda Item No. 21 is ordinance number 08- 1354. And Item 22 has been asked to be added by the city attorney for an Executive Session under 67-2345(1)(f). And we have also been asked, if Council would want, under 6-A, Planning and Zoning would like to have a little talk on collecting fees for DA, if you want to do that, or if you want to wait until next week when all -- when Charlie's back or the whole Council is here -- Mayor and the whole Council. Zaremba: Does it involve budget, is that what you're talking about? Bird: No, it don't involved budget, just fees. I had no problem with letting her do that if she'd like. Zaremba: Let's add it to today. Bird: Okay. We add 6-A, then, Planning and Zoning. With that I move we approve the revised agenda. Borton: Second. Zaremba: Thank you. We have a motion and a second to approve the agenda as revised. All in favor say aye. Any opposed? That motion carries. Thank you. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council • April 1, 2008 Page 3 of 52 Item 5: Consent Agenda: A. Approve Minutes of February 26, 2008 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Denial: RZ 07- 020 Request for Rezone of 10.1 acres from R-4 to R-40 zoning district for Selwav Apartments by Meridian Apartments, LLC - west of North Goddard Creek Road and north of McMillan Road: C. Findings of Fact and Conclusions of Law for Approval: 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: D. Findings of Fact and Conclusions of Law for Approval: PFP 07-004 Request for Combined Preliminary /Final Plat approval of 3 residential lots on 0.59 of an acre located in the R-4 zoning district for Blackstone No. 2 by Landmark Engineering and Planning, Inc. - 4700 West Aspen Creek Street: E. Findings of Fact and Conclusions of Law for Approval: AZ 07- 020 Request for Annexation and Zoning of 21.81 acres from RUT to R-15 zone for Chalet Marseilles by RC Meridian Partners, LLC - Northwest Comer of East Ustick Road and North Locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: PP 07- 027 Request for a Preliminary Plat approval with 3 residential building lots and 1 common lot in a proposed R-15 zone for Chalet Marseilles by RC Meridian Partners, LLC -Northwest Comer of East Ustick Road and North Locust Grove Road: G. Findings of Fact and Conclusions of Law for Approval: CUP 07-023 Request for Conditional Use Permit for 122 multi-family dwelling units in a proposed R-15 zone on approximately 21.8 acres for Chalet Marseilles by RC Meridian Partners, LLC - Northwest Comer of East Ustick Road and North Locust Grove Road: J. Water Main Easement Agreement for EI Dorado Building No. 7 by Kimball Properties, LP: K. Resolution No. Travel Policy: Meridian City Council Apri11,2008 Page 4 of 52 L. M. C~ Water Main Easement Agreement for CPA Investments Building by Kimball Properties, LP: Approve Beer, Wine and Liauor License Renewals: Sizzler #215 3380 N. Eagle Rd. Beer ~ Wine The Big Smoke 234 W. Franklin Rd. Beer $ Wine Red Robin 1475 N. Eagle Rd. Beer & Liquor Applebees Grill 1460 N. Eagle Rd. Beer Bl Liquor Sa-wad-dee 1890 E. Fairview Ave. Beer ~ Liquor Jacksons #1 412 Fairview Ave. Beer & Wine Jacksons #11 1585 Me ridian Rd. Beer Bz Wine Jacksons #35 522 W. Cherry Lane Beer 8~ Wine Jacksons #56 66 E. State St. Beer $ Wine Jacksons #97 3100 E. Magic View Beer 8< Wine Jacksons #98 1950 E. Fairview Ave. Beer 8< Wine Jacksons #99 180 E. Central Dr. Beer & Wine Jacksons #105 3291 E. Pine St. Beer ~ Wine Jacksons #118 1651 W. Franklin Rd. Beer $ Wine Wal-Mart #2862 4051 E. Fairview Ave. Beer Sz Wine N. Approve Beer, Wine Transfer of Owner License Application from Sidelines to Firehouse Pub and Grill. LLC, 1767 W. Franklin Rd., Suite 180, Meridian, 83642: O. Permanent Easement Contract for the Sewer Main Extension at Powers Residence Project with Lyle H. Powers for $10,076.85: Zaremba: Next item on the agenda is the Consent Agenda. Bird: Mr. Vice-president? Zaremba: Councilman Bird. Bird: I move that we approve the agenda -- Consent Agenda with the removal of H and I to next week's budget to department. Item K is -- the number resolution is 08-605. Vacate the Corona Village beer, wine and liquor license from M. And with that I move that we approve the revised Consent Agenda and for the Vice-president to sign and Clerk to attest. Borton: Second. Zaremba: Okay. We have a motion and a second to approve the Consent Agenda as amended. I don't know if I caught it, but to clarify, the one that's being removed from Item M is Corona Village. Meridian City Council • • April 1, 2008 Page 5 of 52 Bird: Yes. Zaremba: Okay. All in favor say aye. Any opposed? Motion carries. Thank you. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Planning Department 1. Collecting Fees for Development Agreements: Zaremba: That does bring us to our budget reports: Item 6-A is a report from P&Z. Director Canning. Canning: Vice-president Zaremba, no, actually, the Planning Department report was on a different issue. The budget items were just vacated, so we can fix them and bring them back. Zaremba: Oh. Bird: Yeah. They were vacated until next week under department reports. Zaremba: I didn't realize you were talking about the same thing. Okay. Canning: Thank you for allowing me this brief department report. You recently approved new fee schedule and one of the new fees that I mentioned to you was a fee for development agreements and we have been racking our brains trying to figure out when and where and how to collect this and we have run into kind of two major choices and we just wanted to know from Council which way you would like to go. They are -- it's just something we could use guidance on. The two choices would appear to be to collect it at the time of application for any annexation and rezone and, practically, we are having a DA with any annexation or rezone these days. If that were ever to change we could, of course, change when we collect it, but that would seem to be the easiest. We could, then, refund the fee if there was no development agreement needed in the end. But I do think that that would be a rare instance currently. We recommend -- if that's the approach you'd like take, we could recommend that any projects in process would not be subject to the DA fee, but that any new annexation and rezones we will just collect the development agreement fee and implement it that way. The other choice would be to do it prior to adoption of the ordinance -- or prior to you approving the DA. And this would require some very careful coordination between the clerks, the attorneys, and the planning department all at the same time and we are just a little worried it might get a little too confusing and that we might miss some fees or slow down a project and we never like to do that, so -- but if that's the scenario you'd like to go, then, we'd recommend that we will start informing applicants on projects from today Meridian City Council • • April 1, 2008 Page 6 of 52 forward that have a DA that they will be subject to that DA fee. So, those were kind of the two options and we just wanted to get Council's feel on which way they'd like to go. Zaremba: Council? Nary: Mr. Vice-president? Zaremba: Mr. Nary. Nary: Mr. Vice-president, Members of the Council, hadn't had a chance to talk with Mrs. Canning prior to the meeting. My only -- my concem isn't if we collect them up front and refund them, I think finance may have a bigger heartburn in trying to do that. And only because I think it's a tracking issue for them. I mean you're collecting a large fee - - (guess (look at it like a big piece of pie. You're going to collect this whole big piece of pie and, then, you're going to save one sliver and, then, decide if you end up giving it back and it -- from a tracking perspective that may be cumbersome. Now, I didn't discuss it with finance, maybe Mrs. Canning did. I just have a feeling in my experience with the finance department they -- they don't like to refund fees if they don't have to. It hasn't been a problem, I think, if we collect the fees at the time the Council directs that a development agreement is required. When I spoke with Mr. Baird, who was at the meeting earlier today with Mrs. Canning to discuss this, the feeling at the time that he had was that sometimes at that portion of the project it feels like we have sort of squeezed a lot of toothpaste out of the tube at that point and trying to get more fees may seem a little troubling. But the folks who are asking for annexation or rezones, they don't seem to have a problem calling my office about 14 times to see if that development agreement is done. So, I don't have a problem in requiring that they get the fee paid, too, and that they can pay that through the clerk's office, they can get a receipt, you know, they can -- they can get that taken care of and we can process the -- I think we have been fairly successful at processing development agreements reasonably quickly once they have been approved and required. Usually it's not -- it's not my department or my staff that holds it up, it's usually sitting on a developer's desk until they are reading to sign it. But I think that was the real discussion, at least from Mr. Baird's perspective and I'm just concerned that finance is probably going to having a concem about trying to refund fees later and I don't think it's that troubling to collect the fees later, so -- Bird: Mr. Vice-president? Zaremba: Mr. Bird. Bird: I agree and I believe we can collect fees -- if we collect -- make sure they are collected before we sign it -- I believe we sign it after they do, am I not right? Nary: Yep. Meridian City Council • • April 1, 2008 Page 7 of 52 Bird: And so I don't see any problem. It would be a nightmare for finance to have to come back and pull out a dime when you charge a dollar. Nary: And, actually, Mr. Vice-president and Members of the Council, unless you tell me different, my preference would be that they pay the fee before we prepare it. I don't really want to expend my staff -- the fees are to cover their time, so I really don't want to expend the staff time to do that until they have paid the fee and that's not -- that's not going to be too difficult I don't think. Bird: I don't see a problem at all. Zaremba: I agree with that part of it is that it gives them more incentive to sign it quickly on their part and get it back. If it sits on their desk waiting for a signature, knowing that the minute they sign it they are going to have to pay something, it may sit there longer. So, to expedite it I agree that I would just as soon the fee be before our legal department starts to work on it, if that's doable. Canning: We will make it so. Zaremba: I do have one question, though, if I may. Canning: Yes, sir. Zaremba: I felt that the new Unified Development Code was supposed to eliminate most of the development agreements. Are we still having a lot of them? Canning: Every annexation and rezone pretty much has a development agreement for the purpose of tying elevations and site plans to them. It's really just the elevations and site plans. Zaremba: If that's a consistent thing, can we get that into the UDC somehow? Canning: You're not Madam Mayor. Vice-president Zaremba, we are working on the design guidelines, which as they get implemented and Council gets more comfortable with the results of those guidelines, we hope to see a drop in the need for the development agreements, but until we have those up and fully running we anticipate development agreements attached to almost every annexation or rezone. Zaremba: So, I don't think we need a vote, but if you to a consensus, I think we are saying that at the time the attorney would start being involved is when we would collect them. Canning: We will do that, then. Zaremba: If that's workable. Meridian City Council • April 1, 2008 Page 8 of 52 Bird: Mr. Vice-president? Anna, I'd also suggest that you write up a little policy and make sure all developers are handed that to start with for the first month or so until they get use to it. Canning: I will do that. That's a great suggestion. Thank you. Item 7: Items Moved from Consent Agenda: Zaremba: All right. Thank you. Then, our next item is Item 7, items moved from the Consent Agenda. There were none of those. Item 8: FP 08-003 Request for Final Plat approval for 3 commercial building lots and 3 common lots on 4.52 acres in a C-N zoning district for Woodland SpringS Subdivision by Landmark Engineering & Planning, Inc. - Northwest Comer of Locust Grove Road and McMillan Road: Zaremba: So, we will proceed on to Item 8 and that is a request for final plat 08-003 and we will start with the director. Canning: I have got to talk to them, so you got to give me thumbs up or thumbs down. Thumbs down. Okay. The applicant has just asked me to pull this item and continue it until next week. Zaremba: Do we need a motion to do that? Borton: Mr. Vice-president? Zaremba: Councilman Borton. Borton: I'd move that we move Item 8, FP 08-003 to the next regularly scheduled Council meeting on April 8th. Bird: Second. Canning: Is it time for discussion? Borton: It is. Canning: That is one of your workshop hearings. Zaremba: I was going to ask if that was a workshop. Borton: April 15th. Zaremba: April 15th. Meridian City Council • • April 1, 2008 Page 9 of 52 Bird: Second agrees. Zaremba: Okay. We have a motion and a second to move this -- continue it to April 15th. We actually haven't opened the hearing. If you would pass your concern to Director Canning she can -- Canning: All right. The applicant asks that now that you hear -- that you take action on the item tonight. If you'd like to -- you have already continued it, so you would have to vacate your current motion and he asks that he hear it -- that you take an action on it tonight. Zaremba: Okay. Bird: I pull my second. Borton: And pull the motion. Zaremba: Okay. The motion has been withdrawn, which means we stand to proceed with Item 8, which is FP 08-003 and we will deal with that tonight. Canning: Vice-president Zaremba, we have a letter from the applicant stating they are in agreement with the conditions of approval and we recommend approval of this final plat. Zaremba: Okay. Let's see. This is not a Public Hearing, but any comments from the Council? Bird: I have none. Zaremba: Okay. In that case (believe -- Borton: Mr. Vice-president? Zaremba: -- a motion is in order. Councilman Borton. Borton: Anna, are you comfortable going forward? I mean from the thumbs up and thumbs down that were just moments ago. Canning: Yes, sir. The applicant spoke to me just before the hearing asking if he could move a lot line. I said no. So, he's not sure if they really want to go forward with it or if they need they will come back and do a modification while they are in the process of getting their signatures, but they want to be able to move forward and get going on their signatures. Borton: Okay. Meridian City Council • April 1, 2008 Page 10 of 52 Canning: So, I am comfortable. Gorton: Mr. Vice-president? Zaremba: Councilman Gorton. Gorton: I would move that we approve Item 8, FP 08-003 with staff and applicant's comment and approval. Bird: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? I'm song, do we need a roll call vote on that one? Bird: Yeah. Holman: I believe that's a roll call vote. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Gorton, yea. Zaremba: The motion passes. Thank you. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: FP 08-005 Request for Final Plat approval for 33 residential building lots and 1 common lot on 7.61 acres in an R-8 zone for Paramount Subdivision No. 16 by Paramount, LLC -west of North Meridian Road and north of West McMillan Road: Zaremba: All right. Then, we are ready for Item 9, which is a final plat 08-005 for Paramount Subdivision. Canning: Vice-president Zaremba, we also have a letter from the applicant stating they are in agreement with the conditions of approval. I do need you to reference in your motion the latest a-mail from Jenny Veatch. I think you have gotten a couple probably from the clerks on this one and it's just refining a couple of the conditions of approval with regard to fencing is -- Zaremba: Okay. Again, this is not a Public Hearing, but, Council, any questions? Bird: I have none. Zaremba: Okay. I would entertain a motion including the clarification that Director Canning asked for. Gorton: Mr. Vice-president? Meridian City Council • • April 1, 2008 Page 11 of 52 Zaremba: Councilman Borton. Borton: I'd move that we approve Item 9 FP 08-005, inclusive of the noted a-mail change and remarks by Jenny Veatch. Bird: Second. Zaremba: We have a motion and a second. May I have a roll call vote, please. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. Zaremba: That motion passes. Thank you. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: FP 07-032 Request for Final Plat approval for 192 multi-family units on 48 building lots and 1 common lot on 13.99 acres in an R-15 zone for Canterbury Commons Subdivision by Canterbury Commons, LLC - south of West Pine Avenue and east of North Ten Mile Road: De Weerd: We move onto Item 10, which is final plat 07-032 for Canterbury Commons Subdivision. Director Canning. Canning: Vice-president Zaremba, we also have a letter from the applicant stating they are in agreement with the conditions of approval. You may have some comments in your packet and these were related to some desire on the applicant to do a surety, instead of placing things, but those don't affect the final plat conditions at all. We can deal with them later. But there is a discussion chain about landscaping requirements. But, otherwise, it's ready to go. Zaremba: Okay. Thank you. Council, any questions? Bird: I have none. Zaremba: Okay. We are ready for a motion on that one, then. Borton: Mr. Vice-president? Zaremba: Councilman Borton. Borton: I move that we approve Item 10, FP 07-032. Bird: Second. Meridian City Counril • • April 1, 2008 Page 12 of 52 Zaremba: Okay. We have a motion and a second. May we have a roll call vote, please. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. Zaremba: That motion passes. Thank you. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11: Continued Public Hearing from March 4, 2008: RZ 07-021 Request for a Rezone of 27.89 acres from R-4 to C-N (2.75 acres) and L-O (25.14 acres) for the property located on the southeast comer of North Locust Grove Road and East Leigh Field Drive for Education Campus Commercial by Joint School District No. 2 -Southeast Comer of North Locust Grove Road and East Leigh Field Drive: Item 12: Continued Public Hearing from March 4, 2008: PP 07-025 Request for Preliminary Plat approval of 7 commercial building lots on 25.87 acres in proposed L-O and C-N zones for Education Campus Commercial by Joint School District No. 2 -Southeast Comer of North Locust Grove Road and East Leigh Field Drive: Item 13: Continued Public Hearing from March 4, 2008: MI 08-002 Request for a Miscellaneous application to modify the existing Development Agreement for Education Campus Commercial by Joint School District No. 2 -Southeast Comer of North Locust Grove Road and East Leigh Field Drive: Zaremba: Okay. Items 11, 12 and 13 are RZ 07-021, PP 07-025, and MI 08-002, all relating to Education Campus Commercial. I will re-open the continued public hearings from March 4th and begin with the staff report. Canning: Vice-president Zaremba, Members of the Council, this is the -- as you mentioned, the continued hearing for the Education Campus Commercial. At your last hearing you asked the applicant to return to address a few issues. One was appropriate design standards, another safe walkways and crossings for students -- if you remember that discussion. Third was the location of a private road. And, fourth, I believe there was a request and it was very minor, but I believe there was some request to go through and look at L-O and C-N uses and decide if some of them were more appropriate than others or if any were inappropriate for that area, given it's proximity to all the schools. So, since the hearing you do have written testimony from Becky McKay and it answers the first three questions, but, again, there was a little bit of disagreement on the question about the uses. Not disagreement, but they may have additional testimony with regard to appropriate uses or may not. With that they have recommended a change to condition 4.1.10 and I believe that's spelled out specifically in the letter and it is consistent with what they are proposing. They did meet with staff. Meridian City Council ~ • April 1, 2008 Page 13 of 52 We feel they have addressed your concems with regard to the safe pathway, the design standards, and the crossing for students and the location of the private road. Those are all addressed in the letter. And with that I will answer any questions. The motion should include those changes to -- if Council is so inclined to 4.1.10. Zaremba: Council, any questions? Bird: I have none. Zaremba: All right. In that case, we will hear from the applicant if we may. McKay: Thank you, Mr. Chairman, Members of the Council. Becky McKay, Engineering Solutions, 1029 North Rosario, Meridian. As Anna indicated, we -- we did send a letter. We met with the staff as instructed by the Council here a few weeks ago. The school district was present, myself, Anna, and some of her staff to, obviously, discuss the concems that the Council brought up and to make sure that we could come to some agreement on how we were going to handle some of these issues. One of the things that in reading through the minutes of the last hearing, there was some confusion concerning the pedestrian -- existing pedestrian facilities and we created -- I don't know -- Anna, do you have it? Oh, there it is. We created the map, which delineates what is existing and, then, what would be future. As you can see in the red there is a very extensive pathway network that already exists out at that facility. We have existing sidewalk all along Locust Grove. It's detached from the roadway. We have a paved asphalt path that links to it and, then, there is a little short stretch here, so that the SummerField kids can come here and come down this path. It goes to this charter school here, comes around. There is a crossing guard that is stationed at this location. There is also a pedestrian friendly signage and a crossing and we did go out and take photographs and we did a-mail that to your staff. There is another pedestrian friendly crossing here and, then, there is detached sidewalk all along Leighfield on the south side and, then, there is an attached walk along the north side of Leighfield. Currently there is this L-shape here and one of the questions was -- as far as treating that as a private road, I believe Councilman Rountree -- his primary concern about the private road was -- the issue is could it go on through and in my discussions with the school district and staff, the private road would just consist of this L-shaped here and it's more like a private drive than it is a roadway. The district has no intentions of extending it through. Right now there is just kind of like -- I believe this little gravel emergency access here and they indicated if -- if there were some interconnectivityfrorn this portion of Leighfield to the private road, that they would put up some type of bollards or gates or something, so that this did not become a thoroughfare, because their intent is, obviously, that, you know, this traffic continue to use Leighfield as a collector as it was designed. We show in blue -- one of the things that staff brought to our attention was the fact that in order to meet the standards for a private road we would have to install sidewalk on one -- at least one side of this stretch. There is already existing sidewalk along this stretch here with pedestrian friendly crossings, so we would have to -- where you see the blue and the blue pedestrian friendly crossing that would be the improvements that we would need to make. Now, in evaluating the site there are Meridian City Council • • April 1, 2008 Page 14 of 52 existing streetlights along here, existing trees, so we would like the option of installing sidewalk either on the west or east portion of that roadway, because it may conflict with some of the existing improvements they have in there. There may not be enough room. It also appeared they had some storm drainage facilities. So, we do need that flexibility. We talked about -- I know there was a discussion concerning pedestrian friendly pavers and so forth. The school district has signage up at all of the existing crossings. They are clearly striped and the district felt that the children are accustomed to the striping for these pedestrian crosswalks and to go in and put pavers or colored concrete stamped pavers, they are going to end up just striping over the top of them. So, any esthetics beauty would be diminished as they paint over the top of it and they do cost about 10,000 dollars each to go in and retro fit. They are a spendy item, because we have had some projects where we did that. So, the district feels that they have a good pedestrian circulation out there and that they will go in and fill in the gap that -- that we have right through this area and complete that. One of the other things that was brought up concerning the pedestrian traffic is their intersection with vehicular traffic. The schools here are on a different schedule than the elementary. Their day begins before the elementary, so those cars are already there parked, the kids are in their classrooms when the elementary kids head to -- to school and these facilities also get out earlier than the elementary. So, they feel that, you know, they don't have that vehicular pedestrian overlap that was of concern. As far as the design standards, we did talk with Anna. We are in agreement to meet all design standards of the current UDC and we didn't feel that that was an issue. We did ask for one modification on our condition 4.1.10 and staff was in agreement with that. Now, Anna did bring up the issue of the uses. We didn't discuss that when we met with her, but it kind of cropped up here. I read through the minutes and there was, as Anna indicated, just kind of a brief reference to compatibility of the uses. Well, obviously, with the L-O designation and C- N, that C-N, you know, is neighborhood commercial. The uses are geared to coexist with residential uses, office uses. We are not asking for, you know, an intensive commercial use. This is just a neighborhood commercial zone. The L-O is also a zoning that's compatible with schools, residences. We have C-N directly across the street at Quenzer Commons or Heritage Commons I think as they market it. They have a C-N zoning designation. We have Brockton Office complex that's located across the street. They have an L-O designation. So, I guess the district is not asking for anything greater than what is across the street and they feel that -- that this is an appropriate zone and the uses as outlined in the UDC would be able to be compatible and coexist with the existing uses. And Eric Exline is here from the district. Wendell's out of town. And he can answer any further questions that you may have. Thank you. Zaremba: Thank you. Council, any questions of Mrs. McKay? Bird: I have none. Borton: No. Zaremba: Thank you. Eric, do you have anything to add or -- okay. Ladies and gentlemen, this is a Public Hearing. We didn't have anybody else signed up to speak, Meridian City Council ~ • April 1, 2008 Page 15 of 52 but this is your opportunity if you have an opinion to give us one way or the other. Seeing none, Council, what's your pleasure? Canning: Vice-president Zaremba? Zaremba: I'm sorry. Director Canning. Bird: I think Anna's got something. Canning: I wanted to show you the allowed uses for the C-N zone. You know, Idon't -- I think there are just a couple uses that may not be appropriate. One would be a drive- thru, given that there are a lot of kids in the area, even if they are not driving -- walking by the C-N area, adding more traffic to that may not be appropriate. And the only other one would be the drinking establishment. It's conditionally allowed, but through the development agreement it would be pretty easy to -- I think it would be just outside the -- or may just be outside the limited where they could have one based on the thousand foot, but I'm not sure. That might be a nice one to remove, but in general, you know, the C-N uses are very neighborhood compatible, but just given its proximity I think maybe thinking about those two uses may be appropriate. Zaremba: Both of those that you mentioned would require a CUP anyhow, wouldn't they? We'd have the opportunity to -- Canning: No. The drive-thru, depending on its proximity to the residential, may not. Zaremba: Okay. I agree with your instinct that it probably ought to not be allowed. Does the applicant have any comment on that? On the microphone if you would, please, sir. State your name for the record, please. Exline: Eric Exline, public information, Meridian School District. If you were able to preclude those, we wouldn't have objection. Zaremba: Okay. Gorton: Mr. Vice-president? Zaremba: Yes. Gorton: And maybe with that comment it's not necessary, but could you have the requirement for a CUP for any drive-thru, regardless of its proximity. It allows us to look at it. It doesn't necessarily preclude its use on this property, just requires them to come back no matter what. Canning: We could do that. Meridian City Council • • April 1, 2008 Page 16 of 52 Exline: So, that, then, the school district would have the opportunity to comment on whatever the use would be. That would be temfic. Borton: Okay. Zaremba: Thank you. Bird: I would prefer that myself. Zaremba: That sounds good it me. Any further comments from anybody? Bird: I have none. Zaremba: Okay. Council? Borton: Mr. Vice-president? Zaremba: Councilman Borton. Borton: If there is no other comment, I'd move that we close the Public Hearing on items 11, 12 and 13. Bird: Second. Zaremba: Okay. We have a motion and a second close the public hearing. All in favor say aye. Any opposed? Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Borton: Mr. Vice-president? Zaremba: Councilman Borton. Borton: I would move -- a question for legal. Do these -- can these be addressed in a single motion? Nary: Yes. Borton: Okay. I would move that we approve Item 11, RZ 07-021, Item 12, PP 07-025, and Item 13, MI 08-002, to include staff and applicant's comments and with regards to the drive-thru in the C-N zone, that a CUP be required for any drive-thru use upon the property. Zaremba: Regardless of its distance. Borton: Regardless of it's proximity to the school. Meridian City Council • • April 1, 2008 Page 17 of 52 Zaremba: Since that seems to be the modifying factor. Borton: And that condition 4.1.10 be modified as requested by the applicant concerning design standards. Zaremba: We have a motion. Is there a second? Bird: I second it. I was just waiting to see if he was done. Borton: I'm done. Zaremba: All right. Thank you. We do have a motion and a second and we will ask for a roll call vote, please. Bird: Anna's got something. Canning: Just to clarify, Council. Zaremba: Some discussion? Canning: I'm sorry. Did you want -- you didn't want to address drinking establishments? I just want to clarify. Bird: That's -- Borton: It's my take is it's a conditional use -- or a CUP required, we'd see it again, state statute regulates the proximity to schools. I don't think there is a place on this property where you could put one anyway. Nonetheless, it would come back. Bird: I don't think there is a place. Canning: Okay. Borton: Unless Council wants to modify it just to preclude drinking establishments -- Bird: It's a CUP and I don't think -- with the schools there I don't think there is any piece of that property that's far enough away that you could have drinking. And it has to come back for a CUP anyway. Borton: Unless the district would like to request that it be removed. Zaremba: We did close the Public Hearing. If you would pass that information to Director Canning, she can discuss it with us. Borton: This would be with regards just to the drinking establishment. Meridian City Council • • April 1, 2008 Page 18 of 52 Canning: I think the applicant is in favor of having it precluded. He said that would be fine. Borton: Okay. I would modify the motion to include removing the drinking establishment from an available use in this C-N zone. Bird: Second agrees. Zaremba: Okay. Now, we have a complete motion and, again, we will ask for a roll call vote, please. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. Zaremba: Those three items pass. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 14: Continued Public Hearing from March 25, 2008: CUP 07-022 Request for a Conditional Use Permit for a medical office in the O-T zoning district that does not meet the criteria of the Downtown Meridian Design Guidelines for Meridian Eve Care by Dr. Dan Thieme -125 West Cheny Lane: Item 15: Continued Public Hearing from March 25, 2008: MI 08-001 Request for a Miscellaneous application to modify the Development Agreement to remove the requirement for cross-access between the properties located at 125 W. Cheny Lane and 1645 W. 1St Street for Mittleider by Dr. Dan Thieme -125 West Cheny Lane: Zaremba: All right. We move on. Thank you all. We will move on to Item 14, which is a Public Hearing, CUP 07-022, for Meridian Eye Care Center. And this is a continued Public Hearing from March 25th, 2008. Bird: Mr. Vice-president, I believe 15 is also the same thing, isn't it? Canning: Yes, sir, it is. Bird: Can we open both of them, Anna? Canning: Thank you for catching that. Zaremba: Yes. Fifteen does seem to be related, so we will also open the continued Public Hearing for MI 08-001, also continued from March 28 -- both those hearings, 14 and 15, are open. Meridian City Council • • April 1, 2008 Page 19 of 52 Canning: Thank you, Vice-president Zaremba. This is the Meridian Eye Care, which also has the associated modification to the Mittleider Development Agreement. It's located at 125 West Chevy Lane on the southeast comer of Chevy and West 2nd and the application before you tonight is conditional use approval and a modification to the development agreement. The subject property is about point three-fourths of an acre and it is currently zoned Old Town. Conditional use approval is for the construction of a new medical office in the OT zoning district, but does not meet all the design criteria of the downtown Meridian design guidelines. The DA modification is concurrently requested to remove the requirement for cross-access between the subject property and the property directly to the east. They originally came in together and there was a cross-access requirement and that address is 1645 West 1st Street. The DA that was - - the DA also allows a shared access with the property to the east to Chevy Lane, just so you know, the former DA. They are proposing one 3,600 square foot building. This does comply with the Comprehensive Plan, which is for Old Town. This is their site plan. So, you will see the building precludes any cross-access. So, really, the first question before Council is are you in favor of not having cross-access to the property and, then, the questions with regard to the design review come into play. We do have elevations for you. So, again, these guidelines don't -- the guidelines are primarily addressed for retail establishments, multi-use structures within the downtown core. This is still the Old Town area, but these take on a suburban look to them. The Planning and Zoning Commission heard this item on February 21st and have recommended approval. James Gibson spoke in favor of the applicant. No one spoke in opposition or commented. We did receive written testimony from •the Historic Preservation Commission. They were not in favor of reducing the design standards in the Old Town district for this property. Key issues of discussion by the Commission were the no access to Chevy Lane once the property is redeveloped and as you see they only have a sidewalk going out to Cherry Lane. And whether or not the Old Town architectural design guidelines should be applicable to the subject property, because of its location on the periphery of the Old Town district. It is right at the edge. Excuse me. There is a frog in my throat. It won't go away. There were no changes to staffs -- key changes to staffs initial recommendation. So, the outstanding issues before City Council are really whether or not the cross-access is necessary if the DA is appropriate and, then, if you do approve of the project that's before you tonight we also ask that when you modify the DA that it also include a restriction to access to Cherry Lane and I will show you that. This was the original DA that had the cross-access and they had a shared access to Cherry Lane. So, the new site plan is just on this half. And they are, obviously, not taking access to Cherry Lane. But just to make it clear, that the property on the -- the east shouldn't take access to Cherry Lane, we ask that you modify the development agreement to state that, since there is no longer a shared access. And with that I will answer any questions you may have. Zaremba: Council, any questions? Gorton: Mr. Vice-president? Zaremba: Councilman Gorton. Meridian City Council April 1, 2008 Page 20 of 52 Borton: Anna, did you have conversations with the Historic Preservation Commission -- and Isee the letter talking about it not -- they didn't think the -- I don't know what they saw -- the design didn't reflect the historic esthetics the city's seeking in the Old Town district. Was there anything specifically discussed in that regard? Canning: I did not have conversations with them directly. I believe our only testimony has been through that written letter. Borton: Okay. Zaremba: All right. Thank you. Next is the applicant. Mr. Gibson. Gibson: Thank you, Council Members. My name is James Gibson. My address is P.O. Box 219 in Eagle. I am the project architect representing this project. We feel that we have worked pretty closely with the -- your staff and they have been very, very helpful in giving us guidance and we think that quite a number of potential issues have been settled and we appreciate their help. We also feel that we had a good experience with Planning and Zoning. They seemed to understand the project well and there was a positive discussion there and they did approve this unanimously without undue concern. We have also had good communication with the neighbors and at the required neighborhood meeting and we have had communication with a couple of the neighbors who are very much in support of this application, I believe largely because it greatly improves the appearance of the neighborhood there. The question about the development agreement was well explained by your staff. The site is physically too small to get a building on with the original requirement for the cross-access agreement. That requirement I believe originally came up before it was realized the amount of the additional property that ACRD was going to require along Cherry Lane. That made the property in a north-south direction physically too small to get a building there and have that same arrangement. It would just be a useless sliver of a building. That's really what happened there. So, we earnestly request the approval of deleting that cross- access requirement. Also, as staff has mentioned, we don't want any access onto Cheny Lane, for the obvious reasons that it's inconvenient and somewhat dangerous and there is ample appropriate access for this property and for the property to the east to the other streets. So, we think that would be in the public interest and intend to do it that way. The question of design compatibility, certainly the building proposed is not a building that is historically what one would see in the Old Town area of Meridian or any town for that matter. However, this -- although this property is zoned Old Town, it has never been in the Old Town part of Meridian and it would be very difficult to completely comply with the Old Town requirements, simply because of the size of the site, locating the required parking on the site, it simply doesn't work. The appearance of the building, frankly, would be, in my opinion, and I believe in the staffs and the neighbor's opinion, it would be rather strange to construct a building architecturally in strict compliance with the Old Town design guidelines. It would seem rather out of place in this location. Therefore, we agree strongly with the staffs recommendation, the Planning and Zoning, and the neighbors' opinion that it -- the building be approved as it's designed here. I Meridian Ciry Council April 1, 2008 Page 21 of 52 don't think that we have any other issues. All of the proposed conditions are very acceptable. We are not anticipating any difficulty at all. There is one question. One of the neighbors has requested that a large existing tree at the southwest comer of this property, which -- it's at the lower left. There is a large existing tree -- requested that that tree be removed, because he perceives it as troublesome to his property. Our intent, of course, was to preserve as many trees as possible on the site and save this rather large tree, partly because we think that that's the intent of the city ordinance to save the big trees that are there that are in reasonably good condition. We have had a couple of meetings with Mr. Huff regarding this tree and he's indicated that the -- he believes the tree is in salvageable condition and there would be a fairly significant mitigation fee associated with removing the tree. With respect and consideration to the neighbors' comment on desiring to remove the tree, our position has to be we don't -- we don't care, we are willing to remove the tree, but we sure don't want to remove it if we have to pay a mitigation fee. So, that question is, then, in your hands. This applicant is willing to remove the tree in order to meet the -- to satisfy the neighbor, but not desiring to remove the tree in order to have to pay for removing the tree, if that is understandable. So, those are the only issues that we perceive before you. Thank you. Zaremba: Thank you. I appreciate that you have spoken to the neighbors about this. My memory of the 2004 discussion of this at the time I was on the Planning and Zoning Commission, the neighbors actually asked that the driveway be along the south property line, so that they were buffered from this and if you have since talked to them and had gotten them to buy into this change design -- and I understand at that time we didn't know that ACRD was going to take more for Cherry Lane, but if you have talked to the neighbors, that's a good thing and I appreciate that. Are you able to speak for the other half of the property that's to the east of this and confirm that the restriction that no access to Cherry Lane is acceptable on this whole set of properties? Gibson: I -can only -- shall we say personally and unofficially speak to that, because I am not connected with that property. I'm the architect only for this property, which is before you. Yes, we have had communication there and there has been no indication of a concern and my understanding of intent for the development of that eastern property is that there would be no cross-access agreement required and the access would be to the other street not to Cherry Lane. So, I see no problem, no indication of a problem there. However, I emphasize that I am not the architect for that project and can't speak officially to that. That's only our observation. Zaremba: Okay. Thank you. Gibson: Thank you. Zaremba: Either Director Canning or Mr. Nary, the development agreement covers all of the properties; is that right? Canning: Yes, sir. And I know that Mr. Hood has been in touch with the neighbor to the east and they have not submitted any testimony in opposition. Meridian City Council • • April 1, 2008 Page 22 of 52 Zaremba: Okay. Council, any other questions? Bird: I have none. Is there any other testimony? Canning: Vice-president Zaremba, before you take additional testimony, just so I might comment on the tree issue. If the city arborist determines that the tree is unsalvageable, which I would prefer that the city arborist be able to make that call, then, there is no mitigation required. If it's not a healthy tree we don't require mitigation. If it is a healthy tree, then, we would require mitigation. Zaremba: I took from the applicant's testimony that Mr. Huff has already looked at it and that it is healthy enough that it should stay. Is that accurate? He's nodding his head yes. Canning: I was thinking Huff was the property owner to the south. Sorry, sir. I completely missed that one. Zaremba: We could give the property owner to the south the opportunity to pay the mitigation fee, I suppose, but -- I'm not sure that if it's healthy we need to put that on this applicant. That's a personal opinion. Canning: The required mitigation is additional trees on the site, is generally what it is. And I suspect they have difficulty getting enough caliper inches on this one site. It's -- it is extensive. We have seen other people donate trees to the parks department as an appropriate mitigation at times, but, generally, we do like to see the big ones saved. Zaremba: One person's opinion, with all due respect to the neighbor, is that I would save this tree. I think that's the intent of the ordinance is to save mature trees where ever we can. All right. If no other comment at this point, this is a Public Hearing. No one else was signed up, but if we could have other testimony now is the time. Thomason: Mr. Vice-chairman, Members of the Council. I'm Frank Thomason for the record. I'm a member of the Historic Preservation Commission. And for the record the commission is also in favor of saving trees as per the ordinance. Mr. Gibson, I believe, remarked that this site has never been in Old Town or a part of Old Town. The voting by the commission to recommend that the design standards for Old Town be adhered to in this application is based upon our belief that relaxation of the design standards would weaken the definition and parameters of the Old Town zoning district. That, in fact, the periphery or the edge actually defines the center. I am not an architect, but the two members of the commission, including the chairman, are and that was our concern and that we are not necessarily looking for strict compliance with Old Town design standards, but perhaps some concession in the design of the building to make it more compatible, at least in appearance, with an entryway site into Old Town, if you will. And I would stand for any questions if you have any. Meridian City Council ~ • April 1, 2008 Page 23 of 52 Zaremba: Council? Borton: Mr. Vice-president? Zaremba: Councilman Borton. Borton: Frank, has your commission had a chance to sit down with the applicant and have that exact discussion? Thomason: No. And that's probably a very good idea, although it's maybe a little late at this point, but we simply wanted to have some kind of input into the process and have that recognized, but our commission was -- was a unanimous vote and we were interested in having the Council be aware of our position. And, again, we weren't necessarily looking for very strict compliance with Old Town design standards, just something that would indicate more of a conformity or compatibility with Old Town, especially since we feel that the entryways are just as important in defining Old Town as the center itself. Without one you really can't have the other. Zaremba: Off the top of your head are there cosmetic changes that could be made that would be helpful? Thomason: There was some discussion about that at our meeting and our two architects, who are members, including our chairman Walter Lindgren, would certainly be happy to do that, if the applicant were amenable to that. We are not looking for an expensive modification to the application, just something that would preserve the -- the concept of Old Town on the periphery, because that's really where the definition starts. Zaremba: Councilman Bird? Bird: No. I just -- was it in materials, Frank? Do you think material or -- I mean, really, you can't change the design of the building to make it look Old Town and I -- and I agree, I don't care whether -- if it's Old Town, whether it's on the edge or whether it's in the middle, it's still Old Town and should adhere to the standards. Thomason: Right. Bird: Just because it's on the edge don't give it something that we don't allow downtown or in the middle, so -- but what kind of a -- what kind of a change are you guys looking at with this? I mean I think this is a very nice designed building. Is it material or is it the design or what -- Thomason: Councilman Bird, our discussion was very general and as I recall it simply had to do with making some kind of concession or indicating some kind of feature and since Meridian does not have what you call an historic district, it would be more in the nature of a cosmetic appearance of the -- of the building itself where something -- maybe some kind of appurtenance to the roof, something -- and the Commission would Meridian City Council April 1, 2008 Page 24 of 52 be very interested in discussing that with the applicant. It might be something as simply as a -- more of a compatibility in design with the new City Hall -- and we didn't really get into that much detail in our discussion, we just noted that the location of this -- of this site is a part of Old Town in the since that it's the periphery -- we call it an entryway and it's the same concept as you have for the whole city itself. But we didn't get into any specifics. And we did agree it was a very nice design. And I have known Mr. Gibson for many, many years and he does very quality work. Bird: And he's been down this road many times over -- Thomason: Many times. Bird: --and he knows, so -- Thomason: We just want to get our position on the record and have the Council be aware of that and, arguably, the Commission should have taken a more proactive role in contacting the applicant, but that's a -- doesn't happen very often in these kinds of things. Perhaps not as often as it should. Bird: I appreciate the work you guys do, Frank. Thomason: Thank you. Any other questions? Zaremba: Thank you. Thomason: Thank you. Zaremba: Is there any other public testimony? Okay. We have the opportunity, then, for the applicant to have the final word. And, actually, I would start that off with a question. Would you be willing to have us mandate, I guess, that you get together with the historic commission and perhaps consider some cosmetic changes? Gibson: Well, of course, we would, because we want to do something that is perceived as appropriate and compatible, so, yes, we would welcome that opportunity. Frankly, we are hoping that we don't have to go back and start from square one with the project and it would have been a lot easier if we had done this before getting to the very last square, so to speak. However, yes, we are very willing to do that and see specifically what -- what we might do to make this more compatible. If that be the desire of the Council, if that could be created as a condition, rather than delaying the project several months or whatever it might take, we would greatly appreciate that. Zaremba: That was my thinking. Bird: I agree. Zaremba: I see Councilman Bird shaking his head yes. Meridian City Council ~ • April 1, 2008 Page 25 of 52 Gibson: It would see appropriate. Thank you. Zaremba: Any other final concluding remarks that you care to make? Gibson: No. I think the discussion has been compatible with what we have intended to do here. Don't have any other concem. Zaremba: Thank you. Director Canning. Canning: Every once in awhile when you do something you ask me to tell you never to let .you do that again, so I just have to say that the only concem with making it a requirement that they work with the Historic Preservation Council is that the staff is never quite sure if they have -- they have satisfied Council's conditions with regard to that. It often puts us in a very unfavorable position between two parties that we can't resolve personally. So, we have to bring it back up to you. A lot of the design standards that this project doesn't meet are related to the site design and entrances, which I think are probably non-negotiable and the other big one that it doesn't meet is the percent of glazing on the facades and this is an ophthalmologist's office, so you can't have that kind of -- that many lights -- that many windows in the office and have it still function. So, there are things like that, although I'm not trying to discourage you from having the two groups work together, I'm just trying to not have me in the middle of them, so -- I'm not sure how you want to -- Zaremba: Would it help solve the problem to say that the three groups, including staff, need to be consulting together? Bird: No. Zaremba: That doesn't help? Canning: No. Zaremba: Okay. Canning: This is always a difficult question and you can -- really, you can either -- what works best is to either make it a condition and have them bring it back to you or to not make it a condition and let the applicant know that you expect them to do that, but to not make it a condition of approval. Bird: Mr. Vice-president? Zaremba: Thank you. Councilman Bird. Bird: That's what -- I would agree with what Anna said there, let's not make it a -- make it an absolute condition, but make it a very strong recommendation and I know Mr. Meridian City Council April 1, 2008 Page 26 of 52 Gibson's work, I will assure you that he will get with them and the occupancy of the building does dictate a lot what they can do and what they can't and they don't have a real large site to play with, so it's got to be -- we have got to be -- and I think the Historic Preservation Council understands that also, but we can make a very strong recommendation that he gets with them and see if there is something they can do, but I'm like Anna, I don't want to see it drug through and have to come back to us or anything else. And I don't want to put the -- put it on the staff to have to referee something. So, I would just say instead of a condition, make it a recommendation. That would be my -- is that -- Canning: Yes. And Vice-president Zaremba, Members of the Council -- and to allow staff some flexibility to approve an alternative design to the structure if they come to an agreement with regard to that. That would be helpful. Zaremba: That sounds like a good way to put it. Thank you for supplying the wording. Bird: Joe's taking this all down for a motion, aren't you? Borton: Right. Zaremba: Gentlemen, first off, the Public Hearing is still open. Is there a motion or any further discussion? Councilman Borton? Borton: No. Zaremba: Okay. Borton: Mr. Vice-president? Zaremba: Councilman Gorton. Borton: I would move that we close the public hearings on Items 14, CUP 07-022 and, 15, MI 08-001. Bird: Second. Canning: We have a motion and a second to close the public hearings. All in favor say aye. Any opposed? Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Borton: Mr. Vice-president? Zaremba: Councilman Gorton. Meridian City Council • April 1, 2008 Page 27 of 52 Borton: I appreciate Mr. Gibson's efforts to try and get everybody involved and I agree with Councilman Bird that the recommendation in this particular case is the way to go to have that dialogue with the Historic Preservation Commission. In future instances I'd love to see that dialogue required. You know, staff giving the applicants real heads up that we are going to be asking about that and I agree with all parties that the Old Town standards on the fringe are important as on the center and I think the applicant's tried to blend -- blend that need and concern. So, I'm supportive of the miscellaneous application and the CUP, inclusive of the staff and the applicant's comments, inclusive of keeping the tree, dealing with it through mitigation at the staff level as they see fit and allowing staff the opportunity to address any of the architectural alterations that they think suffices the meeting that's going to take place with the applicant and the Historic Preservation Commission. Bird: I second it. Zaremba: And are you -- Borton: That was a motion. Bird: That was a motion. I -- Borton: I was getting there. Zaremba: I know you referenced staff comments, but you're specifically including the eliminating any access to Cheny Lane? Borton: Correct. Zaremba: All right. We have a motion and a second. And we will ask for roll call. Borton: Discussion real quick. Zaremba: I'm sorry. Discussion from Director Canning. Canning: I'm sorry, sirs. Was that a motion on just the Meridian Eye Care? Because the development agreement is the one where you should mention the no access to Cheny Lane. Bird: So, the next one is where we do that. Yeah. Borton: Okay. Thanks, Anna. Zaremba: We are only doing the first one. This is Item 14. And a roll call vote, please. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. Meridian City Council ~ • April 1, 2008 Page 28 of 52 Zaremba: Motion carries. All in favor. MOTION CARRIED: THREE AYES. ONE ABSENT. Borton: Mr. Vice-president? Zaremba: Go ahead. Borton: Item 15, the Public Hearing, is already closed. I would move that we approve MI 08-001, the DA modification to remove the cross-access requirement between the properties and the access to Cheny Lane. Bird: Second. Zaremba: Okay. For clarification, we intend that the access from both properties, this one and the one to the east, be eliminated to Cheny Lane. Bird: Yes. Borton: Correct. Zaremba: Okay. Bird: No access to Cherry Lane period. Zaremba: Yeah. Thank you. Then we have a motion and a second and roll call vote, please. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. Zaremba: That motion carries. Thank you. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 16: Public Hearing: TE 08-002 Request for Approval of an 18-month Time Extension to receive the City Engineer's signature on the Final Plat for Kinasbridge Subdivision No. 2 by Randal Clamd - Kingsbridge Drive and South Eagle Road: Zaremba: Next we have a new Public Hearing and this is TE 08-002 for Kingsbridge Subdivision No. 2 and we will begin with the staff report. Canning: Vice-president Zaremba, Members of the Council. This is Kingsbridge Subdivision No. 2 final -- or time extension request for the final plat and they are requesting an 18 month time extension to obtain the city engineer's signature on Kingsbridge Subdivision No. 2. That plat consists of 50 single family residences and 13 Meridian City Council • April 1, 2008 Page 29 of 52 common lots on 23.97 acres in an R-2 zoning. The preliminary plat was approved by City Council on May 3rd. The administrative time extension granted on March 28th, 2007, expired on March 14th, which initiated the request for this time extension. The applicant states the primary reason for the time extension is because of the lack of financing and delay in the construction and sale of lots in Kingsbridge Subdivision No. 1. Staff believes there are no additional conditions that should be added to those approved by the City Council with the final plat for the subdivision. Previous plat conditions should be complied with as part of the subject approval. So, staff believes it's -- it's good to go. Zaremba: Okay. Council, any questions? Bird: I have none. Zaremba: All right. And may we have the applicant, please. Bates: I'm Gordon Bates. Working address is 661 South Rivershore Lane, Suite 120, Eagle, Idaho. We are in agreement with the staff report and would stand for any questions the Council may have. Zaremba: Thank you. Council? Bird: I have none. Borton: No. Zaremba: All right. Thank you. Bates: Thank you, sir. Zaremba: He was the only one signed up, but this is a Public Hearing. Is there anybody else who would care to comment on this application? Seeing nobody moving, Council, any discussion? Bird: I have none. Borton: No. Zaremba: Okay. Bird: Mr. Vice-president? Zaremba: Councilman Bird. Bird: Hearing no comments, I would move that we close TE 08-002, Public Hearing. Meridian City Council • April 1, 2008 Page 30 of 52 Borton: Second. Zaremba: We have a motion. Is there a second? Borton: Second. Canning: We have a motion and a second. All in favor say aye. Any opposed? Motion carries. The Public Hearing is closed. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Mr. Vice-president? Zaremba: Councilman Bird. Bird: I move we approve TE 008-002, the request for an 18 month time extension for Kingsbridge Subdivision No. 2. Borton: Second. Zaremba: We have a motion and a second. May we have a roll call vote, please? Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. Zaremba: Motion carries. Thank you again. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 17: Public Hearing: AZ 07-002 Request for Annexation and Zoning of 3 acres from RUT to an R-15 (Medium High Density Residential) zone for Villas Cad Lochsa Falls by D.T. Campbell Investments - 5555 North Linder Road: Item 18 Public Hearing: PP 08-002 Request for a Preliminary Plat approval with 1 residential building lot and 1 common lot in a proposed R-15 zone for Villas Cad Lochsa Falls by D.T. Campbell Investments - 5555 North Linder Road: Item 19: Public Hearing: CUP 08-003 Request for a Conditional Use Permit for 21 multi-family dwelling units in a proposed R-15 zone on approximately 3 acres for Villas Cad Lochsa Falls by D.T. Campbell Investments - 5555 North Linder Road: Zaremba: All right. We will open -- the next Public Hearing is going to include 17, 18 and 19 for the Villas @Lochsa Falls. That is opening AZ 07-002, PP 08-002, and CUP 08-003. And we will begin with the staff report. Meridian City Council April 1, 2008 Page 31 of 52 Borton: Mr. Vice-president? Zaremba: Councilman Borton. Borton: We are missing staff. Zaremba: Oh. Borton: Mr. Johnson is -- Zaremba: We absolutely are. Johnson: Mrs. Canning had stepped away just -- Zaremba: Called away unexpectedly. Johnson: Yeah. She had to step out for just a minute. She should be back shortly. Zaremba: Okay. Canning: Did you miss me? Zaremba: We await with bated breath. Canning: Thank you. Sony, Council. The next Public Hearing is for the Villas @ Lochsa Falls and it is located at 5555 North Linder Road. The applications before you tonight are annexation, preliminary plat, Conditional Use Permit, private street, and altemative compliance. Because there are so many applications I'm going to go through them one by one. The annexation is a request to annex and zone three acres to R-15. The Planning and Zoning recommended a DA provision that restrict the development of this property to a maximum of 21 units and to comply with the conceptual site plan and elevations submitted with the conditional use approval, which we will get to in just a moment. The preliminary plat is to plat one residential lot and one common lot. The Conditional Use Permit is to construct amulti-family development consisting of 21 condominium units and an exercise cabana. The units range in size from 1,500 to 1,750 square feet. The proposed dwelling types include five individual detached buildings and eight dual unit buildings, for a total of 13 buildings on site, excluding the cabana. They are different floor plans, but all units will have three bedrooms and two and a half baths. The private street application is -- there are three private streets within the proposed development and the altemative compliance is from two UDC standards. One is to allow for an altemative design to the 20-by-20 parking pad requirement and the second altemative design -- or request for altemative compliance is for altemative design for the five foot landscape strip adjacent to pathways. Regarding the first one, the proposed units will feature two car -- two car attached garages located at the rear of the home units, except for the four detached Meridian City Council April 1, 2008 Page 32 of 52 units intemal to the development. And I'll let the applicant point those kinds of things out for you. The applicant is proposing tandem parking, instead of the 20-by-20 parking pad and, then, they will provide ten guest parking stalls for the four intemal units that do not have any parking pads in front of their garages. The gross residential density is seven dwelling units per acre. The outstanding -- I'm sorry. We do have some elevations for you. The Planning Commission heard this item on March 6, 2008, and they have recommended approval. Evelyn Grime spoke in favor of the applicant and Scott Stanfield as well. No one spoke in opposition or commented or provided written testimony. Key issues of the discussion by the Commission were the requirement for additional common open space along the northern boundary. And the key -- the key Commission changes to staffs initial recommendation -- there were three of them. One, the applicant updated the site plan to reflect the Planning and Zoning Commission recommendation to increase the common open space on site. And that's what you see before you now. There was a modification to condition 1.1.2, which were the DA provisions to construct a maximum of 21 units. And, then, a modification to 1.4.1 to allow a maximum of 21 units and increase the amount of open space from ten feet to 20 feet, measured from the apron of the pool to the west and also include a barbecue pit area. So, that's with regard to the open spaces. And, again, I'll let the applicant describe those -- where those changes occur. The outstanding issue for City Council -- I think there is some question as to whether there is an appropriate amount of open space on the property for the site. It strictly meets the definition of the multi-family, but a lot of the open space is pretty narrow. Doesn't provide large -- large amounts of space. And with that I'll answer any questions Council may have. Bird: I have none. Zaremba: Council? Could you go back to the first slide you showed, which was an area locater. Maybe it was the one right after that. Yes. There. No. Canning: That one? Zaremba: That one. Are we only talking about the upper half of the white area that what -- my question is there appears to be a stub street. Does that run into the center of this property or the south border of this property? Canning: It's appears to be split half and half. And what they are proposing to do -- I think you can see it a little better on the plat. They are taking their half stub and putting a fire department turnaround at that location and, then, should the other parcel ever come in, there is an opportunity for them to take advantage of private streets as well. The public street will end up ending there, unless they come back and are able to acquire right of way from these folks. Zaremba: Okay. I'm understanding the location. Would you go back to the slide again, please? There. All right. So, I see no need for that street to -- for that stub street to go through to Linder, so -- okay. I understand what we are doing. Meridian City Council ~ • April 1, 2008 Page 33 of 52 Canning: It's a similarly sized parcel. It won't ever have all that many units on it that they couldn't be served by a private street if they are multi-family units or if it's done as a multi-family development. Zaremba: Thank you. In that case, we are ready for the applicant, please. Grime: Good evening, Members of Council. My name is Evelyn Grime and my company is Place Design and Planning and I'm the architect and planner for this project. My client is Campbell Investments. And to start with the site plan that Anna has put up, this was our original site plan, so this is before our open space revisions. Just kind of dive right in, answer some of the questions that came up during Anna's presentation and, then, I can kind of show you the key points. I'd like to show you an animation that we have that I think illustrates the neighborhood really well and, then, come back and answer questions. So, the Planning and Zoning Commission had a lot of questions and we talked in depth about the edge conditions and the only question that still came up was this idea of open space and the gathering outdoor open space for the community versus private backyards, front yards, and private living spaces was that public gathering space and so this plan shows an original area with a fitness pool, a cabana, and some gathering space. This is about a 22 foot by 15 foot trellis porch or a patio area and there is another slide that's black and white revised site plan that illustrates our immediate responses to Planning and Zoning -- the first one, Anna. Back, please. There. Canning: That one? Grime: Uh-huh. This was our immediate response to staff and the Planning and Zoning Commission, showing that we could, in fact, redesign this single family detached home at Lot 3 to provide 20 feet of open grassy space here, keep our fitness pool, still have a 16 and a half foot by about 20 foot trellis to patio area, a 240 square foot exercise cabana and include a nice barbecue and maybe a fire pit here. So, this becomes a multi-function gathering space. It was never intended to be a municipal pool, but, you know, this is still going to handle about 20 people if you have got all the kids in. So, this was the primary change between what we presented originally to Planning and Zoning Commission and what we are showing you tonight. The -the other question from Councilmember Zaremba about the front entrance. Anna, there is I think in the staff report a site plan -- enlarged plan that shows the knuckle and how it works and on some of the files that I brought it's a file called the expanded knuckle and it shows traffic flow and directional traffic flow, the plan that we put together to address Mr. Overton's concerns, as well as Mr. Silva's concerns from fire and police. So, I think at some point it would be really nice to be able to look at that. When we talk about our open space, while Anna's hopefully searching and finding, we talk about our open space. The open space requirement is determined by staff for the overall project is 7,000 square feet of open space. That isn't to say that it has to happen in one location. So, to give you our current math for this parcel of open space here, that parcel is 3,145 square feet in one location. And, then, if we go back to the colored site plan, please, Anna. When I was designing this, one of the code allowances that you have is that you can include area of Meridian City Council ~ • April 1, 2008 Page 34 of 52 a landscape buffer as part of outdoor open space if you have a four foot separate - vertical separation. So, the idea -- a design idea behind this is to create this walking path for the neighborhood that traveled like this and other drawings that you have already seen flash a little bit, but we will look at them in more detail, is to use the berm and a retaining wall to create a protected walking path along here, as well as have the sidewalk along Linder. And, then, we have two points of connection where this neighborhood can interact and not be completely closed with the neighborhood, but, then, also, again, have a protected walking path, which is a recreational amenity just for the neighborhood. So, if you take this area, this area, this walking path as it comes here, those three total 7,900 square feet. The other part -- hello, Madam Mayor. The other part that we have is private backyards. So, this section shared by four homes is fenced into four quadrants. The average backyard size is between 400 and 650 square feet. That's private backyard space over and above private courtyards and front porches. That's not -that private backyard open space is something we can count specifically towards one number. However, I would like to point out that if we include the backyard open spaces that number is at 7,000 square feet. If we take the 7,000 square feet of the backyard private open spaces and we combine it with what I have presented as common outdoor open spaces, just in the minimum requirement, we have 13,000 square feet of open space. If we were over five acres we would have to provide ten percent private out -- or common outdoor open space. I'm just trying to say we balance the intent -- it's -- 13,000 is over ten percent of three acres. So, we are just achieving it in different ways, using different tools, because the whole premise of this development is to create a single family housing neighborhood with the few different design tools that you have in your Planning and Zoning code. Did you have any luck finding that, Anna? No, it's -- I think it's specifically called knuckle. So, maybe -- Zaremba: While we are finding that, may I comment for the record that Mayor de Weerd has joined us and I will tum the meeting over to her. Grime: Hi. De Weerd: Hi. Grime: Welcome. De Weerd: Thank you. Grime: So, our --our overall density here is seven units per acre. Across Linder to the east is our new high school. To the west we have three homes, which are part of Lochsa Falls and to the north we have three homes. In working with staff over the last year, we have worked to create a neighborhood that has -- we couldn't provide alley with rear loaded garage. The site wasn't conducive to that. But we tried very hard to make all the garages recessed and not the focal point, bringing the building mass and the front porches to each of the private streets to create this neighborhood where front door faces front doors and the architectural look of each home -- each one of these twins, as I call them, because I have twins, I can say that, is -- reads like a single family Meridian City Council April 1, 2008 Page 35 of 52 house. And the idea also is you have eight twins, each one of these has a different architectural elevation. And, then, you have five single family detached homes, again, with individual architecture. So, you're next door to single family housing with distinctive architecture. You're coming into higher density, but you're repeating the language and the character of the surrounding neighborhood, plus these three homes meet with three homes and these three homes on this side at least meet with three home building structures. This density is more intense, but the way this has been designed is to insure privacy for the existing neighbors and privacy for these neighbors, because privacy is a two way street. So, the dark green in the site plan represents the private outdoor open spaces. The light green is public common or front yards and, then, the way that the homes are shadowed, this darker color indicates where the two story section is and the lighter color indicates the one story. So, even along the southem boundary we have one story and, then, between the second story and the property line on both the north and south borders, there is 30 feet. Also, if we look at the rear elevations -- I think we can slip to here. The way the rear one story comes up, the roof slopes back down here to meet the second story. So, we have a full egress window on this back wall, but you're using the roof to provide privacy for those bedrooms and also privacy for the neighboring yards. So, it's through those types of design tools that we try to incorporate a higher density, but to make it compatible with the existing neighborhood and to make it really neighbor friendly. So, again, this is an example of different elevations that can be seen. It's conceivable, I think, to come up with four more, five more, and have all of them be very distinctive. Do you want to do the animation perhaps or -- oh, here we go. There is music that goes with this, but I won't sing for you and I understand that you can't hear the music, so this is a -- just under two minutes. And we are starting looking at our directional travel entrance. This is like a roundabout, so this car coming out can only go to the opposite side. You drive around a tree island to come in. This is public right of way. At this point we are crossing onto a private street. This is single family detached. This is single family detached. This is a twin. And this is the pergola onto Linder for the southem side. Here is a twin and here is a twin. When you're looking at one of these you can only see one front door. So, now we are on Linder Road. This is the sidewalk along Linder. Here is the southem pergola entry. Along the backside of the rock wall is the interior walking path for the neighborhood. This is the walking path along Linder. This is a plaza area with a fountain on the other side. It's a place to stop and talk. Play in the water if you have kids. This is the second pergola entry on the north side. Again, this is a twin. And we are approaching -- here is our example of our driveway. Garage is in the back. Here is our pool and cabana area. Barbecues in the back here. I think this will probably restart itself. Villas @ Lochsa Falls. Anna, if you have that menu up, I would really like to show that knuckle. I think there is some questions about that. This one. The enlarged travel plan knuckle right here. Please. Okay. So, what we have drawn here is the Cedar Grove coming in. These are the existing driveways, as best I could do with the aerial photograph. This is Moose Creek. I believe there is a stop sign here. And so there are -- there is 30 feet of lineal frontage for the right of way into this property. This property remains un-annexed and as it is currently in use for single family residence. After talking with John Overton, police, and Mr. Silva, fire, talked about adding striping just to indicate to the driver that this is narrowing down. There is a fence here. But the idea is you would drive in, single lane Meridian City Council /~ April 1, 2008 Page 36 of 52 direction, drive around. If you were to come out or drive through if you were to go in. This is some of the guest parking for the interior homes that don't have the guest parking tandem style like we have proposed. And, then, again coming out, if you're here you have got the ability to see all the way through from a vision triangle. So, the vision triangles, turning radiuses, traveling slow, coming in and out, all of these things were taken into account with design and we have tried to address those things as well. So, again, our context was we have a school. We have neighborhood commercial down the street. We have L-O up the street. We are next to Linder. We can't have access from Linder. I believe that's a good thing. We are trying to be a good neighbor to Lochsa Falls, but be distinctive, but carry the building and quality tradition that that neighborhood has already established and try to create rear loaded garages without being able to rear load and also create several amenities for neighbors living here. Again, we have our -- our walking path which we have talked about. We have a plaza here with a fountain. We have our exercise and gathering area here and a clear distinction between public and private. Front doors facing front doors. Backyards faces -- each home again has a private courtyard for that intermediate outdoor-indoor space. Strong front porches for people to get to know each other. Be happy to stand for questions. De Weerd: Council, questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Is there any chance that we could get a detached meandering sidewalk on the Linder Road side, like is up and down the road there? Do you have enough room to do that? Grime: What I'm showing here is -- this is a detached walk and Iwould -- Scott Stanfield, our civil engineer, is here as well and I believe what we have drawn is what is currently being built, but I'm not sure. Can you address that question or -- what I know is that Linder Road is currently under construction by ACHD for improvement. So, could you answer that question that I -- De Weerd: We will ask Jay to come up when you're done. Bird: When you're done. Grime: Okay. That will work. That would be the best way. Most concise way to do that. There is -- in my opinion, there is room to meander that with the landscaping that we are proposing and not push into or alter the design solution here with this idea of a berm and in your staff report and also with Anna's files, I do have cross-sections of what that berm looks like when you're walking down, if you want to understand those special relationships, so -- Meridian City Council /~ April 1, 2008 Page 37 of 52 De Weerd: Any other questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: First, I'd like to comment that the fly through graphics, really good -- give a good concept of scale and appearance and depicting a few people in it, you know. Grime: They even moved. Did you see that? Zaremba: Yeah. I saw that. That's not only fascinating, but very helpful. I think that's a neat use of technology. Two -- well, actually one question and, then, a suggestion. I'll make the suggestion first. You may find at some time that you might want a small attractive sign there that says private street, no outlet, or something like that at that point, so that you don't get a lot of people driving in and getting stuck. Grime: Trying to get to Linder. Zaremba: And, then, the question is has this distance been measured to make sure it satisfies the cul-de-sac length for fire department and whatever the length is that they don't want to go any further than? Grime: Councilmember Zaremba, Madam Mayor, absolutely. Zaremba: Okay. Grime: We wouldn't have gotten near this far without going through all those technical hoops. Yeah. Zaremba: I figured it had been done. Grime: Yeah. We have got it dialed in as closely as we know how. Zaremba: Thank you. De Weerd: So, you pass the muster on fire trucks. Did you also pass the muster on garbage trucks? Grime: According to the staff report, yes, but I haven't received any specific comments telling me no. So, we do meet the inside and outside turning radiuses for fire trucks and vehicles. If the garbage truck requires more than a 48 or less than a 28, I'm not aware of it. I believe we do unless they have got standards that I'm unaware of. De Weerd: And you will be using individual toters or totes? Meridian City Council /~ April 1, 2008 Page 38 of 52 Grime: Uh-huh. It would be a curb side pickup. De Weerd: So, if I have a party there or a picnic or a barbecue, where are my friends going to park? Now, I saw you had two different areas with six parking spots each. I have more than that -- I have more friends than that. Where are they going to park? Well, I pretend I have more friends. Okay. Let's just make believe I have more friends than that. Grime: Okay. I'll come. De Weerd: Okay. Grime: So, the idea is there is a parking island here and there is a parking island here for guests. If I live in this home, then, I -- and I park in -- and also with the CC&Rs for the neighborhood, which there would be as part of the condominium plat, as well as the development agreement, I have my two cars parked here. I have parking -- if you measure this there is actually parking for three, but the idea that there is parking two tandem here, I get the teenagers that park sideways -- we are really looking at this. And, then, friends come over and they -- and they park here or here. This being guest parking specifically for events or for people visiting, it is not for overnight. That is where you park. The street parking is restricted based on ACHD requirements regardless of the private street factor. These are 24 feet, plus the four foot walkway. You know, you're too narrow to park on either side of this street. So, parking does occur either here at the home or here in these -- these guest pockets. This is no parking. And the private streets are no parking. In the event that you're going to have a very large party, I think maybe the CC&Rs could address that you need to let your neighbors know, so you don't have more than one large party at a time. De Weerd: Well, certainly everyone there will have to schedule their parties with each other, because there won't be very much parking from the looks of it. Grime: Yeah. I live in an old single family neighborhood with a lot of in-fill and most of the parking we get is for garage sales on Saturdays. We just e I think it depends probably on your -- you know, who is living there, how often are you going to have a large gathering. I think you could coordinate it with your neighbors. I think we exceed what the code requests for guest parking. It's not a community event center, I agree. De Weerd: Any other questions, Council? Bird: I have none, Mayor. De Weerd: Okay. Thank you. Jay? Walker: Madam Mayor and Council, Jay Walker, Brighton Corporation, 12601 West Explorer Drive, Suite 200, Boise, Idaho. Meridian City Council /• April 1, 2008 Page 39 of 52 De Weerd: Thank you. Walker: To address where we are on that roadway improvement project -- and Christie Richardson from ACHD is here and she also is the project manager on this project and has been a great help. We are improving that area and providing quite a nice face lift to the whole region, including two signals on either end of this. If I understand, 555 North Linder Road -- is that 5555 North? So, that's right across from the Rocky Mountain High School and Katherine -- Ms. Katherine Nelson's property. Is that where we are discussing? In our agreement with them ACHD committed to a seven foot attached sidewalk to have the least amount of impact to her property as possible. We have -- we have done some preliminary preparation work bringing in three-quarter -- it is prepped in rough stage right now. We will be -- well, we are kind of waiting for the weather to warm up just a bit more, so we don't have to use blankets and increase cost there. So, I perceive pouring that sidewalk here in the next week. If there is going to be a change it needs to happen very quickly if you want it detached. But currently on Ms. Nelson's property at her request and the negotiation between ACHD asking her that is on that out parcel an attached sidewalk, seven foot, so -- but we can certainly make a change if the city requested that. Not too late. Bird: I just think it looks nice, Madam Mayor, but -- Walker: It's detached on either side. Bird: If it's detached and if that's what the neighbor wants, I mean I don't have a problem with it. I just like the detached where you wander, you know, and I think it's safer, too. Even though there is a bike lane across there, how many -- between it and the cars -- you go back to that last one, it's right at the bike lanes there and, then, you're out in the traffic. Right there. And, then, you're at the sidewalk, seven foot sidewalk. Walker: And we are attached directly to the north of Ms. Nelson's property and -- did I say attached? I meant detached. We are detached directly to the north and attached on the Lukehart property. Bird: I knew you were detached north. Walker: Directly south. Bird: I know you're detached north of it. That's all I was asking and it's -- it's -- it's not a decision maker forme, so -- Walker: Okay. De Weerd: Thank you. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Okay. Stanfield: Real quick. Scott Stanfield with -- /~ Meridian City Council Apri11,2008 Page 40 of 52 De Weerd: I'm sorry, Scott, can you say that -- Stanfield: In the mike? De Weerd: -- in the mike, please. Not on the way up. Stanfield: Scott Stanfield of Mason Stanfield Engineering, 314 Badiola in Caldwell, project engineer. Really nothing to add. I'm must here if you have any engineering questions. You talked to Jay about the detached versus attached walk. There are no unresolved engineering issues that come to my mind and I will add we have got several hundred parking places across the street, for what it's worth with the school. De Weerd: So, you want them to jaywalk? Stanfield: No. We have a signals north and south of us. De Weerd: Jay, that was no pun intended. Stanfield: So, with that I'll stand for any questions on behalf of the applicant. Bird: We don't want jaywalkers out there, uh? Stanfield: We do have signals north and south of us. De Weerd: Council, any questions for Scott? Borton: No. Thanks, Scott. Stanfield: Thank you. De Weerd: Thank you. If you will, please, state your name and address for the record. Rennison: Madam Mayor and Council Members, John Rennison, 430 East State Street, Suite 14, in Eagle. Just -- so, I'm here representing the Renny Lukehart to the south and we just had a -- some questions, I think, on the -- about the circulation. Canning: The -- Rennison: Yeah. The knuckle. Knuckle slide there. I guess one of the questions we have is we are just -- actually, probably need to apologize a little bit, we are not quite up to speed here on all the details, which is okay, but we are looking at some of the information here for the first time here this evening. But, generally, not in opposition to the application here, just trying to discern more certain information. So, who the heck can tell me if the knuckle is public or private? Is that -- it's all public? Okay. So, I think that was one of our main concerns, just -- I heard somebody mention private and Meridian City Council /~ April 1, 2008 Page 41 of 52 wanted to make sure that they don't preclude the Lukeharts from being able to do private or public to the south for the parcel and I think that's really -- De Weerd: I believe that the private starts right there. Rennison: Okay. Great. So -- De Weerd: All of that is public to the road. Rennison: Great. Great. And I know they have -- it looks like pretty hard to not impact the Lukeharts' use, which, you know, they don't presently have plans to develop that, but, of course, you know, one of the comments would just be that -- that in consideration of that design that we don't -- we don't back them into a comer there on trying to marry in with that and I don't know what the answer is, just looking at it for the first time, but I'm sure that these guys know what they are doing and we won't end up with that situation. But if we could add that to the record. Thank you. De Weerd: So, they have that piece right there? Rennison: That's correct. That's correct. That's the Lukeharts. Correct. So, we just want to preserve the building to do either/or and I think it can be accommodated by this design, but just haven't studied it enough to know for sure, so -- maybe Scott could answer that directly already. Thanks. De Weerd: Thank you. Bird: Madam Mayor? Sir. De Weerd: I'm sorry. Mr. Bird. Bird: Does that go -- does Lukeharts go down to the comer? Rennison: That's -- yeah, there is -- so this is -- Bird: They go down to the comer? Rennison: -- about three acres and they own three acres to the south. Bird: And it goes right to the comer? Okay. Rennison: Well, which comer are you referring to? Bird: McMillan. Rennison: No. No, it does not. It's just -- just -- just three acres. So, if we -- it's the other white piece -- Meridian City Council April 1, 2008 Page 42 of 52 Bird: That's --okay. It's right there. Rennison: Yeah. If we get back to that other -- to your zoning slide, it's the other RUT. There you go. There you go. That's -- that piece. Bird: Okay. , De Weerd: Thank you. Rennison: Thanks. De Weerd: Okay. Is there anyone else who would like to provide testimony? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: This is just on the last comment. The one thing that would, essentially, be etched in stone is that their access would be a portion of what we have already looked at. They -- the southern most property will not have any access. You'd end up taking the striping and candles away and extending this across and that would be where the access to it would be. Bird: No. They got another one. Go back to the site -- right there, Anna. See, they got -- they got a couple of roads south of it. They got a -- De Weerd: No. Bird: Yeah. Right there on the -- that's a road right there. Zaremba: That's a cul-de-sac. Bird: Comes around -- De Weerd: No. I think the knuckle's intended to give them their access. That's -- in your concluding remarks that would be good. Rennison: Yeah. This parcel doesn't --doesn't -- this is a -- would be a primary access. De Weerd: That would be their access. Rennison: That's correct. So, again, just -- there just needs to be some thought put into how that would be -- how that would possibly be expanded to the south. It looks like we are pretty dam close, but we just don't want to preclude being able to do either/or, public or private, into the development. That's the primary concern. Meridian City Council ~ • April 1, 2008 Page 43 of 52 De Weerd: Okay. Any other questions? Rennison: No. De Weerd: Okay. Final wrap up remarks. Grime: Again, Evelyn Grime. And realize earlier I didn't state my address. My company is Place Design and Planning. Address is 100 Main Street, 83702. De Weerd: Thank you. Grime: So, talk about our knuckle, which is an Evelyn term, not an ACRD term, not a code term, Ijust -- it looks like a knuckle to me. So, the idea is that this is all public right of way. This tree island would exist under license agreement with ACHD and this right of way length to the public right of way Cedar Grove, remains in effect specifically so that should they choose to develop their property differently than its existing condition, the striping would go away and the design of this knuckle would, then, expand, whether it kept the same radius or had to modify slightly, depending on how you took access into this parcel. Now, we have chosen to come in and take access at a 45 degree angle. That is -- that does not say that they have to do the same thing. But their access would come off of this public right of way. At that point a full cul-de- sac or circle. And at that time this tree island could be revisited by ACHD through license agreement to either expand to continue to control this traffic or if there was a safety concem at any point -- again, under a license agreement it could be taken away. My concem as a planner and a driver is that if I have got a straight shot across this, I'm not going to slow down for much. If I have something to look at, I have something in my way and I go around it, I'm going to slow down; I'm going to pay a little more attention. Also, I think it's a really nice feature. I admit as an architect I'm just not so crazy about asphalt. So, when I'm looking at 110 feet across of asphalt, I always think, boy, we could do something there in the middle that would be so much nicer. De Weerd: Having driven with a planner I understand your statement. Grime: And I think one other question, if I may, Madam Mayor, is Councilmember Bird asked about the meandering sidewalk; correct? Okay. And if we could switch back to the landscape plan, perhaps. I think there is opportunity and surely Scott and I can put our heads together and come up with a solution for you. But I think there is opportunity at the ends of this landscape buffer to take this sidewalk perhaps and, you know, meet it. You definitely want to meet and be consistent. And maybe it meanders into this point and, then, it comes down and straightens out, remains in a detached fashion, in my opinion, simple because of safety and appeal. Nice to have that nice landscaping, especially if you're on your bike and you fall. I like that landscape cushion. But there is an opportunity here and here to meander that and to continue that effect and just softly straighten it out along the center part and, then, go back. I think there is a design solution in there that could be worked on, if we -- given approval and given the Meridian City Council April 1, 2008 Page 44 of 52 confidence to move ahead, I suspect we would want to move with -- work with ACRD very quickly to maybe implement some of those changes. De Weerd: It sounds like you would need to quickly implement those changes. I guess we'd have to ask Christie on that. I guess I agree with Councilman Bird. Anytime we can get a detached sidewalk -- I watch kids on Fairview walking to school and it's frightening. And I know they are middle school students and not as mature as high school students, but I have also seen high school students walk to school as well on Linder. And so, you know that -- that is a concern and certainly the additional buffer is helpful. Grime: Better. And I have actually been graceful enough to fall on my bike. So, grass is always a good thing. De Weerd: Okay. Grime: Any other questions? De Weerd: No. Thank you. Canning: Madam Mayor? Oh. De Weerd: We better have Christie make a comment. Richardson: Thank you, Madam Mayor, Members of the Council. Christie Richardson representing the Ada County Highway District, 3775 Adams Street, Garden City. ' De Weerd: Thank you. Richardson: We are at a point where I do think it's too late to change the design for the sidewalk, because the Nelson property, which is this property we are talking about this evening and the Lukehart property, were both out parcels. ACHD did have to work with the property owners, not the developers, to acquire right of way and in doing so we could only go with the minimum amount, which would be for the seven foot attached sidewalk. And so there is a possibility of that north end, as Evelyn suggested, that we could detach a little bit to swing out, which we might be doing in that design already. On the south end, though, it's the Lukehart property where it will remain an attached sidewalk, again, because it was an outparcel and we had to acquire that right of way. So, we can certainly look at the north end to see where we can work, which I'm assuming is already in the design plans anyway, but the south end we can't make any changes to. Borton: Madam Mayor'? De Weerd: Mr. Borton. Meridian City Council • • April 1, 2008 Page 45 of 52 Borton: Christie, does the south end -- is it the Lukehart property? Richardson: Uh-huh. Borton: Is it detached at Lochsa Falls south of that, right -- is this detached? Richardson: That's detached sidewalk. Correct. So, we just have these two small segments -- two properties with the attached and for the most part the rest of the project is all detached sidewalk. Borton: Madam Mayor? De Weerd: Yes. Borton: Was the intent to connect the attached to the detached on that southern portion -- Richardson: Correct. Borton: Okay. Bird: We tried. Richardson: Thank you. De Weerd: Thank you. It was nice that the developer had an interest in working with Mr. Bird there. Anna, did you have an additional comment? Canning: Madam Mayor, Members of the Council, I just wanted to comment on Mr. Rennison's comments. I did misspeak during the presentation and I wasn't sure if this was public or private. There are clearly two options for the south property. One is to come in and do the full cul-de-sac as Mrs. Grimes mentioned, but a true knuckle -- which we actually use that term in our ordinance -- would be one where you would see almost a 90 degree turn and, then, this -- just this portion becomes the knuckle up there. So, they even bring a public street in at an angle or -- there is a lot of flexibility there, given their current of right way that exists on their property. So, I think there is plenty of opportunity to have either a private road system or a public road coming into the property. De Weerd: Plenty of choices. Canning: And landscape islands are required in knuckles also, so -- De Weerd: Okay. Any further questions from Council? And the applicant has said their final word; correct? Okay. Well, Council, if there is no more testimony do I have a motion to close? Meridian City Council • • April 1, 2008 Page 46 of 52 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close AZ 07-002, PP 08-002, and CUP 08-003. Borton: Second. Zaremba: Second. De Weerd: Okay. I have a motion and a second to close the Public Hearing on Items 17, 18 and 19. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve AZ 07-002, request for annexation and zoning and to include all staff, applicant, and public testimony. Borton: Second. De Weerd: Okay. I have a motion and a second to approve Item 17. Is there any discussion? Madam clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Item 18. Bird: Madam Mayor, before I make the motion, this is where we would add the -- modify 1.1.2 and 1.4.1 is in the preliminary plat, wouldn't it be? Canning: Madam Mayor, Members of the Council, Councilmember Bird, no that was already done. That was done before between Planning Commission and -- Bird: Okay. Then -- Madam Mayor? De Weerd: Yes. Meridian City Council ~ • April 1, 2008 Page 47 of 52 Bird: I move we approve PP 08-002, the preliminary plat, and to include all staff, applicant, and public testimony. Borton: Second. De Weerd: Okay. I have a motion and a second to approve Item 18. If is there no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Item 19. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CUP 08-003, the request for a Conditional Use Permit, and to include all staff, applicant, and public testimony. Borton: Second. De Weerd: I have a motion and a second to approve Item 19. Seeing there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. De Weerd: Thank you. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 20: Public Hearing: Outdoor Sales and Temporary Use Permit Ordinance: Item 21: Ordinance No. Outdoor Sales and Temporary Use Permit Ordinance (1 Reading): De Weerd: Item 20 is a Public Hearing on outdoor sales and temporary use permit ordinance. I will open this Public Hearing and ask for staff comments. Canning: Madam Mayor, Members of the Council, I packed up, I was ready to go home. I'm sorry. Forgot there was one additional item on the agenda. De Weerd: Yeah. You're not eager or anything, are you? Meridian City Council April 1, 2008 Page 48 of 52 Canning: You have had a presentation two times about the temporary sales -- outdoor sales and temporary use permit ordinance. If there are folks in the audience that are new to it, I can give a presentation, but, otherwise, I was going to pass. And there are a few people -- De Weerd: Is there anyone in the audience who would like to hear the full presentation on temporary use outdoor sales? Nope. Canning: Okay. Well, with that -- De Weerd: How about you, Ralph? You're good to go. Canning: With that I would note that at your last hearing we had a lengthy discussion about some of the remaining issues. We did work -- the primary one was coming up with a one stop shop for the temporary use permits and we have done that. The clerk's office volunteered for that to be within the clerk's office and, then, what we will have them do is run it up to planning for a site plan approval, so that they can take advantage of our staffs expertise on the ability to just read site plans. So, we will do that part of it and they will run it up to the parks department with regard to any conditions that the parks director may have. With regard to parks, they are -- currently the newest draft of the ordinance references -- let me read it. References any and all licenses, permit, inspections, and/or certifications required by Title 13 of the Meridian City Code and/or policies of the Meridian Parks and Recreation Department. So, what that means is when they go up to get the parks department approval right now, they can -- anything that the parks department has in place right now will apply. Now, those aren't codified yet. They do have standards, they are just not yet codified. But Mrs. Kane will work with the parks department to codify those and we believe that this language will suffice even after that's codified. But if we do need to change this a little bit, we will do it when those get codified. But it works for right now. There is no statutory conflicts and we will make sure to keep an eye on that in the future as well. So, that was the only remaining issue, really, with regard -- you received a letter from Ms. Backman saying that she was -- felt that it was a good ordinance and she didn't have any outstanding issues with it. So, we were very glad to see that. We worked really hard with Teri and she provided a ton of input on this, to the point where I think she thought she was bothering us, but, really, she was the one that knows these better than any of us. So, she gave great input and we are glad to have that recommendation for approval from her. The UDC text amendment, we did reschedule -- or we have the reconsideration hearing before you on April 15th and the two ordinances should be adopted that night. So, if this is the first reading, if you wouldn't mind having a second reading next week during your presentation one, that could be the second meeting, but you wouldn't necessarily need to take any public testimony and, then, at the third reading we -- you could, if you want to, have additional public input and, then, hopefully pass it that night. So, that would be the 15th. And with that -- oh, there is one change. One unresolved issue. It's not really unresolved. Ms. Backman pointed out that one portion of the ordinance states written permission and the other states just permission and we would recommend that we just go with permission of the property owner to post a sign there. Meridian City Council April 1, 2008 Page 49 of 52 We don't need the written permission. So, that's Section 3-4-3A-8. So, that's the only change that needs to be made. And with that I will answer any questions you may have. De Weerd: Okay. Thank you, Anna. Council, any questions? Bird: I have none, Mayor. Borton: No. De Weerd: Anna, I would certainly like to recognize your efforts in working in collaboration with the various stake holders that have a perceived or a real impact with the changes and appreciate that you have tried to look at how we can address each of those one by one and -- you and Emily, we recognize the efforts of both of your offices. So, thank you so much. Canning: Thank you. And I'm tickled that we have got this done again, because when we passed the UDC I knew the temporary use stuff -- quite frankly, I knew it wasn't right, but I couldn't get my arms around it and get it in my head how to make it right and I really think we have got it right now or close to it. Much closer than we were before, so I'm excited. De Weerd: Thank you. Okay. This is a Public Hearing. Is there anyone who would like to provide testimony on this application? Since I know all the faces out there, kind of, doesn't look like it. Council, any comments during this Public Hearing section? Mr. Nary. Nary: Madam Mayor, Members of the Council, I guess your direction is what I was seeking. Do you want this on for a second reading and a third reading or do you want to accelerate it to a second and third reading on the next -- on the 15th? Do you want to list it as a reading on the 9th, even though it's just a special meeting workshop, and, then, third reading on the 15th? Because we do have to bring the other ordinance back. Whatever your preference is. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: The workshop meeting is open to the public. I suggest we have the second reading then and the third reading on 15th at a Public Hearing. Nary: Okay. Bird: I agree. Nary: Thank you. Meridian City Council • April 1, 2008 Page 50 of 52 De Weerd: Okay. Very good. Bird: Do we just continue the Public Hearing? Nary: It will just be listed as a second reading next time, so -- De Weerd: So, you can close the Public Hearing and continue to read it or do you want to continue the Public Hearing for the next two weeks? Nary: Well, let's -- Madam Mayor, Members of the Council, let's go ahead and continue the Public Hearing. If there is comment, I think the intent of the Council is if there is any other comment -- I think we have exhausted the comment as much as I think there is, but I mean in case there is anything else certainly that's not a problem. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Yes. Bird: Can we -- we can read the ordinance, even though the -- during the -- right in with the Public Hearing, can't we, Bill? Nary: Yes. De Weerd: Okay. Madam Clerk, will you, please, read Ordinance No. 08-1354 by title only. Holman: Madam Mayor, City of Meridian Ordinance No. 08-1354, an ordinance of the City of Meridian replacing Chapter 4, Title 3 of the Meridian City Code relating to outdoor sales and temporary uses. Providing for definitions, regulating mobile sales units, regulating temporary uses, and providing for a citizen's use permit and providing for a savings clause. De Weerd: Thank you. You have heard this ordinance by title only. Is there anyone who would like to hear it read in its entirety? Seeing none, Council, I would ask for continued -- continuation on Item 20. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move that we continue the Public Hearing on Item 20, the temporary use permit ordinance, to April 8th. Meridian City Council • • April 1, 2008 Page 51 of 52 Bird: Second. De Weerd: Okay. I have a motion and a second to continue Item 20 to next week. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Item 21 will have its second reading as well next week. Item 21: Executive Session: Idaho State Code 67-2345(1)(fl. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Not on your calendar, but we added it on you. We do have an Item 22. De Weerd: Okay. Bird: An Executive Session. I move we go into Executive Session as per Idaho State Code 67-2345(1)(f). Zaremba: Second. De Weerd: Okay. I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION: De Weerd: Council I would entertain a motion to come out of Executive Session. Bird: So moved. Borton: Second. De Weerd: All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council • April 1, 2008 Page 52 of 52 MEETING ADJOURNED AT 10:30 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ,,~~ ~ ~~ MAYOR TAMMY De EERD • ~~ ~ ~ ~~ DATE APPROVED ATTEST: JAYCEE L.4~IOL \``,1111111111111/~~~~ ~ ~ o CLERK= _- ~gAL '_ 1~ y_ 's'''~~~~~~~rlll~`~~\```, E IDIAN ~F~~~- CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, April 1, 2008 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll-call Attendance: David Zaremba Joe Borton O Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: 3. Community Invocation by Pastor Gordon Slyter with Treasure Valley Worship Center: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of February 26, 2008 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Denial: RZ 07- 020 Request for Rezone of 10.1 acres from R-4 to R-40 zoning distt7ct for Selwav Apartments by Meridian Apartments, LLC - west of North Goddard Creek Road and north of McMillan Road: C. Findings of Fact and Conclusions of Law for Approval: 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: Meridian City Council Meeting Agenda -April 1, 2008 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ ~ D. Findings of Fact and Conclusions of Law for Approval: PFP 07-004 Request for Combined Preliminary /Final Plat approval of 3 residential lots on 0.59 of an acre located in the R-4 zoning district for Blackstone No. 2 by Landmark Engineering and Planning, Inc. - 4700 West Aspen Creek Street: E. Findings of Fact and Conclusions of Law for Approval: AZ 07- 020 Request for Annexation and Zoning of 21.81 acres from RUT to R-15 zone for Chalet Marseilles by RC Meridian Partners, LLC - Northwest Comer of East Ustick Road and North Locust Grove Road: F. Findings of Fact and Conclusions of Law for Approval: PP 07- 027 Request for a Preliminary Plat approval with 3 residential building lots and 1 common lot in a proposed R-15 zone for Chalet Marseilles by RC Meridian Partners, LLC -Northwest Comer of East Ustick Road and North Locust Grove Road: G. Findings of Fact and Conclusions of Law for Approval: CUP 07-023 Request for Conditional Use Permit for 122 multi-family dwelling units in a proposed R-15 zone on approximately 21.8 acres for Chalet Marseilles by RC Meridian Partners, LLC - Northwest Comer of East Ustick Road and North Locust Grove Road: H. Budget Amendment Interdepartment Transfer from City Clerk's Office to Mayor's Office for Personnel Transfer for $95,048.00: I. Budget Amendment for Community Development Block Grant for the Planning Department for $237,789: J. Water Main Easement Agreement for EI Dorado Building No. 7 by Kimball Properties, LP: K. Resolution No. Travel Policy: L. Water Main Easement Agreement for CPA Investments Buildin by Kimball Properties, LP: M. Approve Beer, Wine and Liquor License Renewals: Sizzler #215 3380 N. Eagle Rd. Beer & Wine The Big Smoke 234 W. Franklin Rd. Beer ~ Wine Red Robin 1475 N. Eagle Rd. Beer 8~ Liquor Applebees Grill 1460 N. Eagle Rd. Beer & Liquor Meridian City Council Meeting Agenda -April 1, 2008 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Corona Village 21 E. Fairview Ave. Beer & Liquor Sa-wad-dee 1890 E. Fairview Ave. Beer & Liquor Jacksons #1 412 Fairview Ave. Beer ~ Wine Jacksons #11 1585 Meridian Rd. Beer & Wine Jacksons #35 522 W. Cherry Lane Beer & Wine Jacksons #56 66 E. State St. Beer 8< Wine Jacksons #97 3100 E. Magic View Beer & Wine Jacksons #98 1950 E. Fairview Ave. Beer & Wine Jacksons #99 180 E. Central Dr. Beer 8~ Wine Jacksons #105 3291 E. Pine St. Beer & Wine Jacksons #118 1651 W. Franklin Rd. Beer 8< Wine Wal-Mart #2862 4051 E. Fairview Ave. Beer ~ Wine N. Approve Beer, Wine Transfer of Owner License Application from Sidelines to Firehouse Pub and Grill. LLC, 1767 W. Franklin Rd., Suite 180, Meridian, 83642: O. Permanent Easement Contract for the Sewer Main Extension at Powers Residence Project with Lyle H. Powers for $10,076.85: 6. Department Reports: 7. Items Moved from Consent Agenda: 8. FP 08-003 Request for Final Plat approval for 3 commercial building lots and 3 common lots on 4.52 acres in a C-N zoning district for Woodland Springs Subdivision by Landmark Engineering & Planning, Inc. - Northwest Comer of Locust Grove Road and McMillan Road: 9. FP 08-005 Request for Final Plat approval for 33 residential building lots and 1 common lot on 7.61 acres in an R-8 zone for Paramount Subdivision No. 16 by Paramount, LLC -west of North Meridian Road and north of West McMillan Road: 10. FP 07-032 Request for Final Plat approval for 192 multi-family units on 48 building lots and 1 common lot on 13.99 acres in an R-15 zone for Canterbury Commons Subdivision by Canterbury Commons, LLC - south of West Pine Avenue and east of North Ten Mile Road: 11. Continued Public Hearing from March 4, 2008: RZ 07-021 Request for a Rezone of 27.89 acres from R-4 to C-N (2.75 acres) and L-O (25.14 acres) for the property located on the southeast comer of North Locust Grove Road and East Leigh Field Drive for Education Campus Commercial by Joint School District No. 2 -Southeast Comer of North Locust Grove Road and East Leigh Field Drive: Meridian City Council Meeting Agenda -April 1, 2008 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 12. Continued Public Hearing from March 4, 2008: PP 07-025 Request for Preliminary Plat approval of 7 commercial building lots on 25.87 acres in proposed L-O and C-N zones for Education Campus Commercial by Joint School District No. 2 -Southeast Comer of North Locust Grove Road and East Leigh Field Drive: 13. Continued Public Hearing from March 4, 2008: MI 08-002 Request for a Miscellaneous application to modify the existing Development Agreement for Education Campus Commercial by Joint School District No. 2 -Southeast Comer of North Locust Grove Road and East Leigh Field Drive: 14. Continued Public Hearing from March 25, 2008: CUP 07-022 Request for a Conditional Use Permit for a medical office in the O-T zoning district that does not meet the criteria of the Downtown Meridian Design Guidelines for Meridian Eve Care by Dr. Dan Thieme - 125 West Cherry Lane: 15. Continued Public Hearing from March 25, 2008: MI 08-001 Request for a Miscellaneous application to modify the Development Agreement to remove the requirement for cross-access between the properties located at 125 W. Cheny Lane and 1645 W. 1St Street for Mittleider by Dr. Dan Thieme -125 West Cheny Lane: 16. Public Hearing: TE 08-002 Request for Approval of an 18-month Time Extension to receive the City Engineer's signature on the Final Plat for Kinctsbridae Subdivision No. 2 by Randal Clamd - Kingsbridge Drive and South Eagle Road: 17. Public Hearing: AZ 07-002 Request for Annexation and Zoning of 3 acres from RUT to an R-15 (Medium High Density Residential) zone for Villas ~ Lochsa Falls by D.T. Campbell Investments - 5555 North Linder Road: 18. Public Hearing: PP 08-002 Request for a Preliminary Plat approval with 1 residential building lot and 1 common lot in a proposed R-15 zone for Villas ~ Lochsa Falls by D.T. Campbell Investments - 5555 North Linder Road: 19. Public Hearing: CUP 08-003 Request for a Conditional Use Permit for 21 multi-family dwelling units in a proposed R-15 zone on approximately 3 acres for Villas Co)_ Lochsa Falls by D.T. Campbell Investments - 5555 North Linder Road: Meridian City Council Meeting Agenda -April 1, 2008 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 20. Public Hearing: Outdoor Sales and Temporary Use Permit Ordinance: 21. Ordinance No. Outdoor Sales and Temporary Use Permit Ordinance (1S Reading): Meridian City Council Meeting Agenda -April 1, 2008 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. March 28, 2008 MERIDIAN CITY COUNCIL MEETING April 1, 2008 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of February 26, 2008 City Council Regular Meeting 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 pr®sented at public meetings shall become property of the Cify of Meridian. COMMENTS • March 28, 2008 RZ 07-020 MERIDIAN CITY COUNCIL MEETING April 1, 2008 APPLICANT Meridian Apartments, LLC ITEM NO. 5-B REQUEST Findings For Denial -Request for a Rezone of 10.1 acres from R-4 to R-40 zones for Selwcry Apartments -west of North Goddard Creek and north of McMillan Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See ailached Denial Findings 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: NAWIPA MERIDIAN fRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~~~ l~.K~ Date: 3'y ~ ~ Phone: Emailed: b ~ Staff Initials: Materials presented at public meetings shell become property of the Clay of Meridian. • • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR RE-ZONING OF 10.1 ACRES FROM R-4 (MEDIUM LOW DENSITY RESIDENTIAL) TO R-40 (HIGH DENSITY RESIDENTIAL) BY MERIDIAN APARTMENTS, LLC APPLICANT. Case No. RZ 07-020 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL The above entitled annexation and zoning application having come on for public hearing on March 18, 2008, at the hour of 7:00 o'clock p.m., Anna Canning, City Planning and Zoning Administrator for the Planning and Zoning Department and Lisa Bockman with JUB Engineering representing Meridian Apartments, LLC, Meridian, Idaho, 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 March 18, 2008, before the City Council, the first publication appearing and written notice having FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL SELWAY REZONE; CASE NO. RZ 07-020 PAGE 1 OF 5 • 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 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 March 18, 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 approximately 10.1 acres in size and is generally located at the west side of N. Goddard Creek Road, approximately 500 feet north of E. McMillan Road and '/a mile East of North Ten Mile Road in Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, state of Idaho. 5. The current property owner is Daniel Gibson, 19500 HWY 20/26, Caldwell, Idaho, 83607. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DINIAL SELWAY REZONE; CASE NO. RZ 07-020 PAGE 2 OF 5 • 6. Meridian Apartments, LLC, whose address is PO Box 633, Liberty Lake, WA 99019, is the applicant. 7. The subject property is currently zoned R-4 (Medium Low Density Residential District). 8. The Applicant requests the property be zoned R-40 (High Density Residential District). The property which is the subject of this application is within the Area of Impact of the City of Meridian. 9. The entire parcel of property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 10. The Applicant proposes to develop the subject property in the following manner: to allow retail and restaurant uses adjacent to the existing residential development. 11. The Meridian Comprehensive Plan Generalized Land Use Map designates the subject property as R-40 (High Density Residential District). CONCLUSIONS OF LAW 1. The City of Meridian has discretionary authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code §50-222. The Municipal Code of the City of Meridian § 11-SB-3 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL SELWAY REZONE; CASE NO. RZ 07-020 PAGE 3 OF 5 • ! Z. The provisions of Idaho Code §50-222 govern the conditions upon which the City may exercise its authority to annex territory, but the exercise of that authority is discretionary as determined by the City Council. 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 for re-zoning is denied for the following reasons: The proposed re-zone of the property is not in the best interest of the City of Meridian. 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 after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL SELWAY REZONE; CASE NO. RZ 07-020 PAGE 4 OF 5 By action of the City Council at its regular meeting held on the ~~~day of March, 2008. ROLL CALL: COUNCILMAN DAVID ZAREMBA VOTED COUNCILMAN JOE BORTON VOTED _ 1. ,~~_ COUNCILMAN CHARLIE ROUNTREE VOTED COUNCILMAN KEITH BIRD VOTED MAYOR TAMMY de WEERD (TIE BREAKER) VOTED '~ DATED: ~- P ri l - - 20C~ ~' MOTION: ATTEST: APPROVED: ~_ DISAPPROVED: JAYCEE HOLMAN, CITY /~ 1 MAYOR T MY de WEERD ``t`~~rrn u n i u1r~~i~~~~/,,i ,~ d T~. O i~" '• S~~L _- .~! ~` '1 ''~~~0~ii~~r~~~~ ~~rr~t~~~`~~~~`~ Copy served upon Applicant, the Planning and Dep ent, and City Attorney. B• City Clerk's Office Zoning Department, Public Works Dated: ~' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL SELWAY REZONE; CASE NO. RZ 07-020 PAGE 5 OF 5 C~ March 28, 2008 MERIDIAN CITY COUNCIL MEETING April 1, 2008 RZ 07-023 APPLICANT Landmark Engineering & Planning ITEM NO. 5-C REQUEST Findings for Approval -Request for a Rezone of 0.62 acres from R-4 to R-$ zone for Blackstone Plo. 2 - 4700 West Aspen Creek Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See aftaehed Findings 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: ~ ~~Q Date: 3.31 ~ Phone: Emailed: nn Staff Initials: Materials presented at public meetings shall become properly of the Cffy o} Meddlan. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E IDIAN In the Matter of Rezone 0.62 acres 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 (Findings 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 all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-023 and PFP-07-004 -1- 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning 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 evidenced 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. Notice of Applicable Time 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 final 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-023 and PFP-07-004 -2- • (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-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 required 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 maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 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-07-023 and PFP-07-004 -3- r~ u Ma~or~ I ITi fir; ~~ s~ By action of the City Council at its regular meeting held on the ~ day of 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) n VOTED VOTED VOTED VOTED Attest: Jaycee Holman, City Clerk Copy served upon Applicant, Attorney. Weerd `~„ l ~ .~ Ro - gAL - y ,~ ` ~~i~ 7~~t ~~~ ' `~e~~~ `_ The P1~ ~i~,\Public Works Department and City NJII1111114tt\1 By Dated: ~'"~'~ ' Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-023 and PFP-07-004 -4- CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 18, 2008 STAFF REPORT Hearing Date: March 18, 2008 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: Blackstone No.2 • RZ-07-023 E IDIAN~~-~- i~~1H~ Rezone 0.62 acres from R-4 (Medium-low Density Residential) to R-8 (Medium Density Residential), by Landmark Engineering and Planning, Inc. • PFP-07-004 Combined Preliminary /Final Plat of 3 residential lots located in a proposed R- 8zoning district, by Landmark Engineering and Planning, Inc. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST At the December 20, 2007 hearing, the Planning and Zoning Commission continued the project to allow the applicant time to submit a rezone application to the Planning Department because the site did not conform to the density requirements of the R-4 zoning district. 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 units to the acre and supports a rezone of the ~~rty 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 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 (per 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 4700 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 (flca. 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 (iTDC 11- 6B-4A). The subject property is within the City's Area of Impact and within the existing corporate boundaries of the City. Blackstone No. 2 (PFP-07-004) PAGE 1 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 18, 2008 2. SUMMARY RECOMMENDATION 'The subject applications (RZ-07-023 and PFP-07-004) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the RZ 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 Exhibit B of the staff report. approval of the subiect PFP and RZ request. a. Summary of Commission Public Hearin,:: i. In favor: Lenny Riccio, Chris Todd. John Carpenter. Paul 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 Hoo Ted Baird b. Key Issue(s) of Discussion by Commission: i. 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 reauired to stub the common driveway. iii. The density requirement of the R-4 zoning district. iv. Rezoning the property from R-4 to R-8 to comply with the density requirements of the UDC. v. The number of homes that can take access from a common driveway in accordance with the UDC. c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. Future access on Black Cat for the parcel south of the proposed development if the subiect property does/does not provide internal (local) access. ~_ m marv of itv ounc'1 Pub is Hearin ~, In favor: Lenny Riccio. ai. In opposition: None aii. Commenting: None iY. Written tes 'mono: None ~ taff presenting application: Anna Ca nines ya, Other staff commenti_n_g on application: None 1L ev Issues of Discussion by Counc'1: . L rmitted and Conditional u e a lowed in the R-4 vers ~s the R_R ~nninv _ slislri t , ~ ai. Development agreement for the site ~, ev Council Changes to Staff/Commission Recnmme Blackstone No. 2 (PFP-07-004) PAGE 2 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAI~DATE OF MARCH 18, 2008 b. he Citv Counc'1 reaL'red a development agreement far the R1tP• nnly to 'ng for the con traction oft ree c'n le fa ilv home . ac propo ed See Condition 1.1.2 in E~hit B below. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, 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 f. 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 3 single-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 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL 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 Statement/Justification: 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 access onto W.Aspen Creek Street, an existing 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 family 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. 5. PROCESS FACTS 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. c. The subject application will in fact constitute a rezone as determined by City Ordinance. 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 Commission); January 21, 2008 and February 2008 for the rezone; February 25, 2008 and March 10, 2008 (Gifu Councill 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; February 22, 2008 (City Council) f. Applicant posted notice on site by: December 10, 2007 for the preliminary/final plat (Planning and Zoning Commission); January 28, 2008 for the rezone: March 8, 2008 (Gifu Council) 6. LAND USE a. Existing Land 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 Land 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 5, Block 1, with the Blackstone No. 2 (PFP-07-004) PAGE 4 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 18, 2008 Blackstone Subdivision (fka. 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. Canals/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): N/A; e~cisting 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 Required Residential Setbacks: As per the R-8 zone for single family dwellings. Minimum Dimensional Standards (in feet unless otherwise noted) Proposed Required Front living area setback (from back of sidewalk) 15 15 Front accessed garage setback (from back of sidewalk) 20 20 Side setback 5 5 Rear setback 15 12 Blackstone No. 2 (PFP-07-004) PAGE 5 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL 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 application.) 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 to/from 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 units/acre. 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 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 Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACLID). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Blackstone No. 2 (PFP-07-004) PAGE 6 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAi~ DATE OF MARCH 18, 2008 i I L __~~~~ "~"°` 4`I 3, ~, .,,~~ !A~ ~. 1 ~~ y-- 4 to ~ a1. l ~,~ i y~ ~, ~~ l _ .~ .~ ~c :': ~ ~' _, ~,~ r' ~ '~~ ~ a ~ :' ~ 2 ~ 4 7 ~t ~ s yy•3 { rn ~ ~ .-3 y ~~~ i, ~ {, b ~ ~ ~ t #' i ~ ti,7A %i f t ~ to '~ ' is ~. r + 't~ e.r ^ • a:.,~ .. y ~ ?,'~' ~ 2?~yi rip '. ~ t'. q- l2 ~. r ~ r 1 Yr, '~~ ~. . r' ,~ r > L .tom ~ x,~ati{ ~ K ~ ~ 1 z~~ ~'t .'?a c ' ~. ~ ~.:-.t a ~ t ~,_ ~', t 4~ ~'e~' Yap 7 ~ } ti ~1 ~ ~ 5 5 ~~ ~ ~ „}i *~~ o- r _ ~`~~,'7j ~ a ~ 4 ~ . _ ~ ,;~ ~'' ~ iA :mot {` f '£ '~ " ~ #? *ta ~ ti . ,~y L ~~ -~ s y ~Ff~ f d k ' ~ `"~ P` l iy i .fT a 4 (. r>,tJM1 ~i T ~ n t f ~ y~~ ~} ~~ r ~ ~ rs .. 1 ~';F ~ K 7 Exhibit A CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAI~DATE OF MARCH 18, 2008 Exhibit A CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARII~ATE OF DECEMBER 20, 2007 B. Conditions of Approval 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 approval a Development A~-eement (DAl for the site shall be accomplished between the City of Meridian and the nrnnerty nwn~ rfcl fat the timA .,f ra",,,a Vl 1 VLVLLV ordinance adoptionl. The applicant shall contact the City Attorney Bill Narv at 888-4433 wi hi 6 months of Council approval to initiate this process. The DA shall include at a minimum the followm~: • The subiect 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 A. 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 REQUIREMENTS-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 driveway 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 filed 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 measured 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 parking 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 & 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, asingle-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 prior to signature on the final plat by the Meridian City Engineer. 1.2.5 The water system shall be approved and activated, fencing installed, 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 ~ARTMENT STAFF REPORT FOR THE HEARII~ATE OF DECEMBER 20, 2007 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. 1.2.8 Applicant will be responsible to construct all required water lines to the proposed subdivision. Developer to coordinate sizing and routing with the Public Works Department, if necessary. 1.2.9 Staff's 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 application PFP-07-004. 1.2.11 The developer shall comply with the parking requirements in accordance with UDC 11-3C-6. 1.2.12 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 35 linear 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 fmal plat per Resolution 02-374. 1.3.3 Revise or add the following notes to the face of the final plat: 1) Add note, "Maintenance of all common areas for Blackstone Subdivision (flca. English Gardens) shall also be the responsibility of Blackstone Subdivision No. 2. 1.4 GENERAL 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 preliminary plat does not relieve the applicant of responsibility for compliance. 1.4.4 All development shall comply with the Americans with Disabilities Act and the Fair Housing 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 CITY OF MERIDIAN PLANNING 1~ARTMENT STAFF REPORT FOR THE HEARII~ATE OF DECEMBER 20, 2007 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 water/sewer 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 system in this proposed development. If it is to be maintained as a private system, plans and specifications will 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 prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If 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. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 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 All 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. 2.9 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 requirement and comply with all landscape requirements. Z.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 developed shall be tiled. 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. 2.11 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 include 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 CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARII~ATE OF DECEMBER 20, 2007 may 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 shall coordinate mailbox locations with the Meridian Post Office. Where 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 Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.20 The engineer shall be required 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 of the crawl spaces of homes is at least 1-foot above. 2.21 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole 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. Final 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 maybe 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. 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. 3. FIRE 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 have a clear driving surface which is 20' wide. 3.4 The Fire Dept. has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed offof. 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 B CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARII~ATE OF DECEMBER 20, 2007 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 6.1 Prior to issuance of a certificate of zoning compliance, that applicant shall submit 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 CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARII~ATE OF DECEMBER 20, 2007 C. Legal Description and Exhibit ~,._ i ZOIYIIYG LEGAL DES~R~p'~`~pN BLACKSTGINE SUBDIVISIaN Att3.2 A paa+cel of hand hccated in the N W h/4 of 3ectian l 0, Township 3 North, Itenge 1 West. Boise Meridian, City of Meridian, Ada Cotattty, hdaho being Lot S, hillock 1 of Cilaakstaate Subdivfsionas t~trded tat 13aak 82 at Page 8947 titrougla 8449 of Puts, Ada tttuttty, idahto and also a portion afN. ~' Av~tue and W. Aspen Creek Stt~eet Rightt-taf--Ways, move partict-larly d~crt'bed ~ frsllaws: Commencing at a 518 inch Iran rod attacking tine Noatbwest corner of said Section t D; Theatre along the Norh lisle of the said NW h/4, South 89° 40' 23"' Past, 68.44 feet; Thence heaving saki North hiae, South 0° I9' 3?" West, ?4.93 feet to a S/8 iaach iron rod tttarking the Northwest corm of said Lot 5 and the POINT QF BL'~`GIN1~iNG; Thence slang the boundary of said. Lot S than fahhawng cotarses: South 89° 38' 1 ~" h?.ast, 2h 2.73 feet tct a 518 inch iron rod; Thence Sonata 0° h ?' 30°' West, 66.00 feet to a 5!8 inch imn trod; 7'hetace Soutt SS° h8' 36" x,'48.79 fee#•fo•ia S/8'iiach loon rod an the Northwesterly Right~f=Way of N. Tessa Ave. 7 W. Aspen Ca~ek Street; Thence leaving mid wry of Lai 5, Soaath SS° l8° 36"-East, 3S~ feet to a point of aton-t~ngcrncy; Theatre. 48.1 Z acct ahang a 2S.?S root radius cttrtfe ta'~tite.h~'C hrouglt a central eagle of t p7° 04' 1?4"the cltoaxi of which bears Sautht,~° 48° hF-" Wc~t, 4I.4~ fc~t to a poin# of rata-tarageney; Thence North 54° 56' 29" West, 29.0 h i~t to a paint on the NatUtwestedy Right-of--Way of N. Tessa Ave. / W. Assn Crc~k Street; Thence Siang the batanctary of said Lot 5 the fah}Awing courses; 'fkeazce North 54° 56' 29" West, 56. h 8 feet to a 518 iactt iron rod; Thence South 89° 5S' 36" West, 48.$2 fcxt to a 5/8 inch Iran red; Thcnc,a Satttlt 0°09' 24" East. 33.20 feet; Thence South 89° 55' 3G' Wei, 131.99 feet to a 518 inch iron rod; Thence North 0° 06' 35" West, 127.3 ( feet to the PQtNT C?)rs BECi1~1N1NG. ''.said paaxeh ~ntaiats 26,874 sq. #t. or 0:62 , mom ar less, and is subject. to say and. all easeirat~ats and/or rights-af-way of record. NOTE: This description. is to be used for zoning purposes only. tt is in na way int+Gttded #a ~ used for transfer of title. ~pt~' ~N'D~' ~~ ~~st G~ ttENt~ iU. ,~ hc2,_2t •a ~~ ~~ et~, i~/8 ~~ L.1l~rojeprileslCpTO27a~SuryeyU.,F:f,At.p1~R1PTlONStBtectcs4one 2_ZfllditJLt 122tOTES.drae Exhibit C CITY OF MERIDIAN PLANNING )~ARTMENT STAFF REPORT FOR THE HEATE OF DECEMBER 20, 2007 ~~ .~~`' ~ ~ vio .1 ~ --... --~- I o ~ ~ a~ ~* em ~ ~~ ~~ ' z p 8~ + ~ ~ . ~ ~~~ ^ ~~ ~~ ~ .~ 3~ C w 5 C p 0 .L A~ .p ~'®- ~~~ L°C~ x t-` a.~ C?a I~ ~~ I C~ . ~~ I~ °•~° ~~1~H~ ~AIYAiOZ t ~ ~ -~ MOISWtFSl1S Z '011[ ~hiO.LS~~'IS ~ 2tO~I .LIHIHX~ caocoa 'ON .1~31'Q?!d ~~ ~ \ ~~ ~` ~ ° ~ ~ ~~ _ ~ ~~.~o- ~~ ~ ~b~ / ~ tJ '8A9 9853E 'Id ~~ ~ ~ ~°' \ W~ ~' a ~~ ~~ O ~ `~~~~' ~~'~6` ~ ~ ~~ ~~m ~~ ~ '~ ~~ ~m ~~~ --- ~~ ~~' ' ~ ~ ~~I N~ rw I~ ~~~ 1 ~ ~ ~L~.ea~ .~£-~z~ ~. 3d1~JSflNV'i ~~ ~ ~ _ ~• ~ 6 ~ i~ yy~ t~ ~'° W R I I ~ I I ~~ 4pf ~~ ~~ ~ ~~ ~~ ~; "~ ~i `~ ~ ~~ Exhibit C CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARII~ATE 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-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Council fords 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. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council fords 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 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 fords that the subdivision will 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, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. 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, °° '^^^ ° ^^'•• *-_~^ '^*~ ~ ° ~"^-°°a, that should be brought to the Council attention. ACRD 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 significant natural, scenic or historic features. The Council is unaware of any natural, scenic, or historic features on this site. Therefore, the Council fords 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 determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARII~ATE 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 application. In order to grant an annexation 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 fords 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 fords single family residences are permitted within the requested R-8 zoning district. Staff finds that any future use and / or development of this property should comply with the established regulations and purpose statement of the R-8 zoning district. 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 shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school 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 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL 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 Sanitary Services Company. • Chapter VII, Goal IV, 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-8 zone. This zone 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 IV, 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 IV, Objective C, Action (low-, medium-, and high-density single apartments, condominiums, etc.) for the p affordable housing opportunities. 10 - Support a variety of residential categories family, multi-family, townhouses, duplexes, upose of providing the City with a range of The applicant is proposing to rezone the site to R-8, medium density residential. The applicant is proposing single family detached homes on lots ranging from 8,S4f~8,604 square feet in size, which Staff believes will provide the City with a variety of housing opportunities. 9. UNIFIED 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 Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling 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 applicant 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) PAGE 7 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL 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 and would allow 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 units to the acre and supports a rezone of the property 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 will conform to the density of the R-8 zone. Staff believes this maybe 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 & 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. Due 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 instance. 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 ANALYSIS: 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 regulations. 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 common 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 unless 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, building envelope and orientation of the lots and structures shall Blackstone No. 2 (PFP-07-004) PAGE 8 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 18, 2008 be shown on the preliminary plat and/ or fmal plat or attach ari 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 stub the common driveway to the County parcel south of the proposed development. Several of the Commissioners were concerned with future access to the County parcel and the possibility of ACRD restricting access to Ten Mile in the future if/when said parcel were to develop. Staff recommends that the Commission decide if stubbing the common driveway to the property to the south is prudent. Landscaping: The landscape plan submitted for this project, prepared by Landmark Engineering and Planning, Inc., labeled Sheet 1, dated 9/25/07 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 prepared 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 fmal 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 rooflines 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-mentioned 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 stormwater 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. Pressure Irrigation: Pressurized irrigation is available for the subject site. All three lots will be served by pressurized irrigation system that is being used by the Blackstone Blackstone No. 2 (PFP-07-004) PAGE 9 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAR~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 specifications 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 within 20 feet of all rights-of--way. All fencing shall be installed in accordance with UDC 11-3A-7. b. Staff Recommendation Staff recommends that the RZ and PFP applications for Blackstone #2 be approved with the conditions listed in Exhibit B of the staff report. The Meridian Planning & Zoning Commission heard these items on December 20, 2007 and February 7, 2008. At the February 7a' uublic hearing the Commission moved to recommend aAUroval of the subiect PFP and RZ request. he Meridian City Council heard these items on March 18.2008. At the nub i earin~ the Council annroved the subiect RZ and PFP reauest 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. Parks 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 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAi~ DATE OF MARCH 18, 2008 A. Vicinity Map Exhibit A CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 2. Preliminary Plat p r i a i a ~. ~9 i~ 86 B $i ~ fay t~. ~~ a ~it~yl~a~~~~t ' ~il ~i~ i I ~ i~, ~ I ,~~ ~. -.~ ~ r ,~ ~ -. ~ ~~ $ ~~ i ;: ~ ~ ,~ a -~ a~ I ~ ~.~' ~~~~ . I, ~ ~~ -~ ~, -, t' ~~ a Q i 9, 9 ~ ~~ ~ ~ ~~ ~~ ~ ~s s ~ s 1 e~ ~~ e a ~~~ ~ ~~ ~ ~ :• a~~ ~ ~~ ~ ~ i , ~a8. a~1il~ * 1 s`~~i ~ ~$ ~~ e 9 m .+ 4 ~ • d C Exhibit A CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 18, 2008 3. Final Plat (REVISEDI t3 ~~ 4 ti _ ~ ~ f ! a ~' ~ ~ 9 $ 9~ 9~~ ti~ ~ ~ a~ ~ ~~ ~ ; ~ , ~! IFR W~.a .~ 1 x ° ~ f> o ~ - ~ 'a -! -- __._ ~ { ~ ~~~ ,~, ~ , ~ ~ ~ ~ ~ . I ~~ ~ I a ~~q --~ ~ a i ~~i a i ~ ~~ a ~ i ~ a ~~ ~ ~ ~~ ~ ~~ ~ ~ ~ i a , ..._ ~~ ... ----~--- a 1 i~ ~~ ~~ ~~ Qg ~~ ~ I ~ 1 ~.,~ _, ~. ~ -„ ~ ., ~ a _.. € _ ~ ~~ ~~ ~ ~o ~~~~~~ 1~~~ ~ Q~ i~~~ .~~k~ A~,~a.. ~ ~ ~ ~~~_. y, ~~ Exhibit A CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 4. Landscape Plan (REVISEDI o~~ ~~ Tam .~ ,~~ ,. ~ ~ ~ ~ o ~,~ II ~Ti1lO.LSaf~d7S ' w- caoiea ~~..~ ~' ao3 era aav~sa~+rt ~d ~3~ $$ ~ $~~~~3 ° ~§~~~~ ~ ~ J. :a I € s ~ ~ ~b ~~ ~~ pe ~~ ~~ ~~ 3 ~ ~~ ~~ ~ ~~ ~~ 1 ~"; '•- --- __% ~/~}~] ~. V_f j, -- ~€ ~+ ~~~~ +~ ~~ , r~ ~ '~ ~ ~~- g~. ~ h /"'~. ~ I ~ '. ~ ~ ~. ~. ~ - .~~ , .~ ;;,~. ~~ ~~~ ~~ o~ p° ~~ g ~, aj 4 ~ ~ ~ s,~A~ ~ 6~ ~ ~ ~ @~ ~ ~ ~ ~~ §§ sS~6 ~ ~ ~ ~ygg~ ~ 7d ffi ~ fi 8p ~$ Q ~ ~~ ~ ~ ~ g g ~4IIr?~5 d ~~ ~ ~ gg h $g gy ~. ~ °B ~ gE ~ rt~@ ~ E ~ ~~ ~ ~v ~ .~ ~ B s~ ~~~ ~~~f ~ ~ o s~ y~S~g q ~~~ p ~~~~~ ~~~~~ ~~~ f ~, ~ L~ ~~C r~f~ L Exhibit A CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 18, 2008 5. Site Plan Exhibit A CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEA~ DATE OF MARCH 18, 2008 6. Elevations Exhibit A r March 28, 2008 PFP 07-004 MERIDIAN CITY COUNCIL MEETING April 1, 2008 APPLICANT Landmark Engineering & Planning REM NO. 5-d REQUEST Findings for Approval -Request for Preliminary Final Plat approval of 3 residential lots on 0.59 of an acre in an R-4 zone for Blackstone No. 2 - 4700 West Aspen Creek Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See afFached Findings 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: _ ~~a, r)~;1 ~ Date: 3'~~ ~ Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the CNy of Meridian. ~~ CITY OF MERIDIAN (~E IDIAN FINDINGS OF FACT, CONCLUSIONS ~ DA H O OF LAW AND DECISION & ORDER In the Matter of Rezone 0.62 acres 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 (Findings 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 all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-023 and PFP-07-004 -1- 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning 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 evidenced 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. Notice of Applicable Time 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 final 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-023 and PFP-07-004 -2- i • (18) months, maybe considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-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 required 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 maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 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-07-023 and PFP-07-004 -3- • By action of the City Council at its regular meeting held on the ~~ day of t , 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) ./~~'J .~`~ .~ .~ .~ ~ Attest: Jaycee ~'iolman, City Clerk SISAL ~~ -~~ tts~. t ~~~h, . ..~`. Copy served upon Applicant, The Attorney. VOTED LaPA VOTED VOTED~~p~ VOTED Weerd Public Works Department and City By: Dated: ~' ~ ~ g ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-023 and PFP-07-004 -4- CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH I8, 2008 STAFF REPORT Hearing Date: March 18, 2008 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: Blackstone No.2 • RZ-07-023 E IDIAN,--- ~~AH Rezone 0.62 acres from R-4 (Medium-low Density Residential) to R-S (Medium Density Residential), by Landmark Engineering and Planning, Inc. • PFP-07-004 Combined Preliminary /Final Plat of 3 residential lots located in a proposed R- 8zoning district, by Landmark Engineering and Planning, Inc. 1. SUIVIlVIARY DESCRIPTION OF APPLICANT'S REQUEST At the December 20, 2007 hearing, the Planning and Zoning Commission continued the project to allow the applicant time to submit a rezone application to the Planning Department because the site did not conform to the density requirements of the R-4 zoning district. 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 ~roiect 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 supports a rezone of the property from R-4 to R-8. However the comprehensive lp an only serves as a wide 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 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 (per 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 4700 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 (flca. 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 and within the existing corporate boundaries of the City. Blackstone No. 2 (PFP-07-004) PAGE 1 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH I8, 2008 2. SUMMARY RECOMMENDATION The subject applications (RZ-07-023 and PFP-07-004) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the RZ 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 subiect PFP and RZ request. a. Summary of Commission Public Hearin: i. In favor: Lenny Riccio, Chris Todd, John Carpenter, Paul Edminster ii. In opposition: None iii. Commentin>i• None iv. Written testimony: None v. Staff presentinE application: Bill Parsons vi. Other staff commentinsr on application: Caleb Hood, Ted Baird b. Kev Issue(s) of Discussion by Commission: i. The five foot landscaping adiacent to the common driveway. u. 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 ~ro~ect 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-8 to comply with the density requirements 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. Outstanding Issue(s) for City Council: i. Future access on Black Cat for the parcel south of the proposed development if the subiect property does/does not provide internal QocaD access. The Merl ian City ounc'1 heard hec .items nn March 1 R_ 2n_n_ A___ _s_t_ the r.,HU~ 1,pAr:..R tt,p Council annroved the s ubiect R7, and PFP r guest ~ u mare of itv o nc'1 Pub is Hearin L In favor: L.e ny iccio. ~. In onnosition: None Ell. Commen 'n~~ None lY. Written tes 'mono: None y. tall nresentin~ application: nna a Wino yi. ther staff Commen 'ns< on app ication: None 1L ev Issues of Discussion by Council: L Permitted and Conditional uses allowed in hp R~ versos the R R ~nnina - district • ~. Developmen agreement for the ci e_ ~. ev Council Changes to Staff/Commission Recnmmen_ adore Blackstone No. 2 (PFP-07-004) PAGE 2 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEA>~ DATE OF MARCH 18, 2008 i, he Clty Counc'1 reaLire~1 a rlevelnnment aureement fur the citp• nnly lowing for the construction oft ree in~le fa ily home . a urono ed fee Condition 1.1.2 in F hibit B below. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, 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 FACT5 a. Site Address/Location: 4700 W. Aspen Creek Street Section 10, T.3N., R.1W. 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 f. 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 3 single-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 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAI~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 Statement/Justification: 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 access onto W.Aspen Creek Street, an existing 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 family 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. 5. PROCESS FACTS 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. c. The subject application will in fact constitute a rezone as determined by City Ordinance. 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 Commission); January 21, 2008 and February 4, 2008 for the rezone; February 25, 2008 and March 10, 2008 (Gifu Council) 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; February 22, 2008 (Gifu Council) f. Applicant posted notice on site by: December 10, 2007 for the preliminary/final plat (Planning and Zoning Commission); January 28, 2008 for the rezone; March 8, 2008 (City Council) 6. LAND USE a. Existing Land 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 Land Use and Zoning: 1. North: Mill Iron Place Subdivision, zoned R-4 Z. 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 5, Block 1, with the Blackstone No. 2 (PFP-07-004) PAGE 4 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEA)~DATE OF MARCH 18, 2008 Blackstone Subdivision (fka. 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. Canals/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): N/A; 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 Required Residential Setbacks: As per the R-8 zone for single family dwellings. Minimum Dimensional Standards (in feet unless otherwise noted) Proposed Required Front living area setback (from back of sidewalk) 15 15 Front accessed garage setback (from back of sidewalk) 20 20 Side setback 5 5 Rear setback 15 12 Blackstone No. 2 (PFP-07-004) PAGE 5 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL 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 application.) 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 to/from 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 units/acre. 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 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 Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Blackstone No. 2 (PFP-07-004) PAGE 6 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL 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 Sanitary Services Company. • Chapter VII, Goal TV, 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-8 zone. This zone 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 IV, 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 IV, 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 R-8, medium density residential. The applicant is proposing single family detached homes on lots ranging from 8,54f~8,604 square feet in size, which Staff believes will provide the City with a variety of housing opportunities. 9. UNIFIED 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 Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling 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 applicant 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) PAGE 7 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH i 8, 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 and would allow 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 units to the acre and supports a rezone of the property 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. ff the subject rezone is approved, the subject site will conform to the density of the R-8 zone. Staff believes this maybe 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 & 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. Due 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 instance. 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. PRELIMINARY/FINAL PLAT ANALYSIS: 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 regulations. 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 common 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 unless 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, building envelope and orientation of the lots and structures shall Blackstone No. 2 (PFP-07-004) PAGE 8 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 18, 2008 be shown on the preliminary plat and/ or fmal 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 stub the common driveway to the County parcel south of the proposed development. Several of the Commissioners were concerned with future access to the County parcel and the possibility of ACRD restricting access to Ten Mile in the future if/when said parcel were to develop. Staff recommends that the Commission decide if stubbinE the common driveway to the property to the south is prudent. Landscaping: The landscape plan submitted for this project, prepared by Landmark Engineering and Planning, Inc., labeled Sheet 1, dated 9/25/07 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 prepared 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 fmal 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 rooflines 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-mentioned 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 stormwater 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. Pressure Irrigation: Pressurized irrigation is available for the subject site. All three lots will be served by pressurized irrigation system that is being used by the Blackstone Blackstone No. 2 (PFP-07-004) PAGE 9 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL 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 specifications 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 within 20 feet of all rights-of--way. All fencing shall be installed in accordance with UDC 11-3A-7. b. Staff Recommendation Staff recommends that the RZ and PFP applications for Blackstone #2 be approved with the conditions listed in Exhibit B of the staff report. The Meridian Planning & and RZ request. he Meridian City Counc'1 heard here Items nn March 1 R_ 20118, At the nnhlic earin~ the Counc'1 annroved the ubie 7, and PFP rem~ect 11. EX)~BTI'S 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 Z. Public Works Department 3. Fire Department 4. Police Department 5. Parks 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 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 18, 2008 A. Vicinity Map 4750 428 c _. 4895 Y~ d' ~ ~ .09 1953 -. 1927 ' '~' '1923 ~ ~~~~ W IL 1901 T 4920 SIT s12o RUT 4888 4920 ~~b ~~ 203 .. ~g0 H a $ a 4568 4542 I N 456 ~/ ~ 18z6 1804 M ~ ~ ~7g2 1779 N ,~~, 1757 g M 1733 1711 .- ~ ~ u, ~ n ~ ~ ~- v n R 4 o~ ~~9 1716 n x690 a'~ ~ ~ '~' FS ~scP v 700 N a ~D 4973 t7 5075 R ci04i ~ 1512 ~ R`j '~' n 150 0 1 v v v 1435 1472 1477 147 6 144 N 4574 ~ 6 ~_ V~' ~ ~ `~ n Y~ ~ A ~~pp 'j ~ ~ ? N ~~~ --~-.-®~ v V a n v ~ ~ 4997 4831 N V' ~ $W q ~~ 1 "~ A~3 ~ ~ ~ o H v ~ ~ ~ v ~ ~r ° 1299 v N ~ O s ,~ M 1293 R-2 ;. ~ ~ "' R 'a Exhibit A i CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 18, 2008 2. Preliminary Plat ~- z ~xat~ p7 i I I i a ~~ I p i • I9 1~ 1 ,~~~~ . _ rtWt RD D/Y ...... _. ._._._-_N.~. ~~ ,9 (~ l@ 6 a a a 8 g s ~~ g~ ~ ~ 'e @ ypp 3 ~ ~~ g e Q ~ P~a ~ ~~ e r d °~ ~ g~ R i ~~ ~ ~~ S e ~~ ~ ~ ~ ~ e ~ f E E~ ~ ~ ~ M ` D #~ 4$~e. , 8 B}i ~~~ ~ , y ~ Fg Z~~i ~~. EY~ .~a. u• . 4C do ~~ 1 ggeffi gage e R }t~~1~~~~~~~! i it ~! i I - ~i i~, i ~- ~~` ~ jl~ `~~ 1 1 ~R • ~ \ I i 4~ ~.. ~ 3di ~87i 71 ~---. ~ ~. ,~~~ l ~~~ r ~ I ~ ~ {i Exhibit A CITY OF'MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 18, 2008 3. Final Plat (REVISEDI a ~ ~ @~ e ~ ~ g ~ ~~ ~~~ ~~~ ~ ~ ~i 9 ~ r~ ~ ~~ _ ~ a a s ~ ~~ ,Q x ;° '~ ~ .~ ~~ - ' Ig i ~ __._. j ~~~ ~~ f ~ a ~ ~ ~~ ~~~ ~ 5 ~ ~ I ~~ I a - ~ ~ ~~ ~ I ~~ q ~ a Y $ 6 ~ I ~ ~ ~~ t p ~ ', ~ cox "' --. ' a 4.... ..iW!Fd.%~ki9 ... ~~ b ~ ~ - `~~~9 _ ~~ o~ ~~ ~ ~r a ~~ ~ ~~ @~ it ~~ .~ , ~ ~ ~ • ~~ ~: ~' .~ ~, ~~~ ~_ ; '83T TIS~ 78 _- A ~ ~c 90SH .LT9 RT7fH '!i e~~~i~ ~ ~Q ~~ ~ ~ a ~~~~""" ~~~~ }! e ~ a ~ S ~ I I ~." ~~ ~~ Exhibit A CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 18, 2008 4. Landscape Plan (REVISEDI - b~~ ~, ,~ m 3t~ uq my Y ~ i11rV.LJliJ V 1 Q f Z6(M amp are n ~03 ~~a dZt~.7$Q~ CPd 1:~3~9ad ~~~~~ ag~~~~ ~ ~ L9 L .1 ~ ~ ~ ~ 6~ ~~ ~~ I ~ ~ 6 ~~ ~~ ~~ ~ ~~ ~~ °e~~9~ ~ ~ Re F - F' .~ ' ~~ ~~ I ~ ~ ~~ ~ ~:: ~, g:.: o-$ g, -: .= ~ _ _ ~ _..- ~_ w :~ + ~_` ~_. m _ ___ n~ ~~~ ~~ r ~~ ~~ ~.~ ~ . ,~ ~ _ ~' ~ ~x _- ., ... .._ . ~~ _ ~~~ m ~~ ~~ ~~ 8~ ~~ ~ ~ ~ ®@~ s~a~ a ~` , ~ v ~~ ~ ~ ~~~~ ~~ ~ ~ ~~ ~ R .m ~ ~F a~ ~ ~ a ~~ $ ~~ ~~~:a~s m A qq~ A ~ ~~~~~ ~~~~~ ~~ ~~~~ __ #,. ~ ~ t.. ~,~ ~ ~~_ Exhibit A CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 18, 2008 5. Site Plan Exhibit A CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 18, 2008 6. Elevations Exhibit A CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 18, 2008 t', A Exhibit A CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 18, 2008 Exhibit A CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEATE OF DECEMBER 20, 2007 B. Conditions of Approval 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 approval a Development Aereement (DAl for the site shall be accomplished between the City of Meridian and the property owner(sl (at the time of rezone ordinance adoption). The applicant shall contact the Citv Attorney Bill Na_rv at 888-4433 within 6 months of Council annroval to initiate this process. The DA shall include at a minimum the following: • The subiect site shall develop only with single family homes• one per lot totaline a maximum of three homes/lots Said homes shall substantially comply with the elevations in Exhibit A. 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 REQUIREMENTS-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 driveway 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 filed 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 measured 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 parking 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 & 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, asingle-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 prior to signature on the fmal plat by the Meridian City Engineer. 1.2.5 The water system shall be approved and activated, fencing installed, 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 ~ARTMENT STAFF REPORT FOR THE HEATE OF DECEMBER 20, 2007 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. 1.2.8 Applicant will be responsible to construct all required water lines to the proposed subdivision. Developer to coordinate sizing and routing with the Public Works Department, if necessary. 1.2.9 Staff's 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 application PFP-07-004. 1.2.11 The developer shall comply with the parking requirements in accordance with UDC 11-3C-6. 1.2.12 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 35 linear feet. 1.3 SITE SPECIFIC REQUIlZEMENTS-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 or add the following notes to the face of the final plat: 1) Add note, "Maintenance of all common areas for Blackstone Subdivision (flca. English Gardens) shall also be the responsibility of Blackstone Subdivision No. 2. 1.4 GENERAL REQUIltEMENTS-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 preliminary plat does not relieve the applicant of responsibility for compliance. 1.4.4 All development shall comply with the Americans with Disabilities Act and the Fair Housing 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 CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARII~ATE OF DECEMBER 20, 2007 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 water/sewer 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 system in this proposed development. If it is to be maintained as a private system, plans and specifications will 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 prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If 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. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 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 All 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. 2.9 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 requirement 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 developed shall be tiled. 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. 2.11 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 include 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 CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARII~ATE OF DECEMBER 20, 2007 may 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 shall coordinate mailbox locations with the Meridian Post Office. Where 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 Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.20 The engineer shall be required 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 of the crawl spaces of homes is at least 1-foot above. 2.21 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole 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. Final 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 maybe 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. 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. 3. FIItE 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 have a clear driving surface which is 20' wide. 3.4 The Fire Dept. has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed offof. 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 B CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARII~ATE OF DECEMBER 20, 2007 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (tJDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 6.1 Prior to issuance of a certificate of zoning compliance, that applicant shall submit 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 CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARI~ATE OF DECEMBER 20, 2007 C. Legal Description and Exhibit ~~ ~ ~UNNG LEGAL DESCR~'I'H3N B>G~~~t~~>~ svsDs~oly lvo. a A parcel ctfland located in theNW 1/4 of Sectian l0, Tawnsitip 3 Nortf--, Range 2 West, 13aise tvieridian, City of Meridian, Ada County, Idaho being Lot 5, Block I of t3lackstane Subdivision as rrdesi in Book 82 at Page 8947 through X49 of Plats, Ada touttty, Idaho and' also a potion of N. 3' Avc~tue and W. Aspexc Creek Stmet Raght-af-Ways, mare particularly d~criiu;d ~ fallovws: Commencing at a S/8 inch iron rod marking th+e Northwest corner of said Section i 4; Theme along the North fine of the said NW I/4, South 89° 40' 23" East, 6$:44 Peet; Thence issuing said Norih line, South 0° I9' 37" West, ?4.93. fees to a 3/8 #nch iron rod marking the Tsfortbwest cornea of said Lot 5 and tits 1*{fINT OF I3LGINl~IiNG; Thence along the boundary of said L,at 5 tire. failowittg courses: South 84° 38' I2" l~,ssi, 212.73 feet to a 5!$ itteh iron rod; Thence South o° 17' 30" 1A+ect, 66:0o fit to a 518 itts~t iron rod; ?'hcnc~ South 55° 18' 3ti" Essl:'48.79 f~tto~ 518`inch iron rod an the NarthwesterIy Right~of=-Way of N. Tess Ave: 7 W. Aspen Creek Sheet; Thence feauintt said ixumdary of Lot 5, Satoh 55° I8' 36",East, 35.7 fast to a point af~n-lsngency; TCe 48.12 feet along a 25.75 foot raditas.dt~ve to~ihale£t'throngh a central angle of 107° 04' 04"the chord of which bears Sautlt 48° 48° 16° West, 41.42 feat to a point of non-tangency; Themes North 54° 56'29" West, 29.01 feet W a paint en the 1Vprthwesterly Ttigltt-of-Way of N. Tess Ave: t W. A Creek Street; the boundary ofsaid Lot 5 the falta ~ aian$ feet to a 518 inch iron rod; ?hence South 89°55' 3~ est, 48.92 feci~ta a$S/8 iaeb~ron8 rod; Thence South 0° tt4' 24"East, 33.,20 feel.; Thence South 89° 55' 3G" West, t 31.99 Feet to a 518 inch iron rod; Thence North. 0° O6' 35"-West, 127,31 feet io the I'QINT fJir BECI1tlNING. Saul pare cxsntains 26,874 sq, ft. or 0:62 acmes, mare or less, and is subject to any and alI easements and/or slghis-of way of reeorct. NOTE: This description is to be ased far mining purposes an1y. It is in na way intended to be used for transfer of title. t~ ~p ttt ~ Q 1a~,_2t- ~~ .~~~ ~~ Gtr ~~ ~ t.:tt~rojea F7tes1C0yt321L5w~y1t,F.GAL DESGRiPTIOHS`tBlsck~one 2 2flNFNG t22t0?ES:doe Exhibit C CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEATE OF DECEMBER 20, 2007 0 ~ .~~~~o ~ ~ ~~1dt~H~ ~AII1dOZ t ~ t MOfSIAItF~t"1S Z 'Otri ~AtU.LSNai~l~I ~~~ ~~'~ LZOLU:t nrr .~araaa ~~ ~~ A ~ ~ ~~ ~~ ~~ F ~~ ~ .~~. I~ ~ ~ ~ oo~s9_ aao€,~i,oos ~ 1 ~ ~ ~ -~ ~' ~ I z - ~ ; o- "~ : ~ ~ ~I ~ ~ ~ ~~ . ~ W F o~ 1 ~ ~~ ~w t ~ ~1 m ~ ~~~ p~ ~~ ~~ ~ H ~®~ i °~~~ u ~ ` ~ ~ ~ ' m ~ . . 1 ...... _____ ~~ ~ ' +»„ic.'si.oas ,Matt a~.s~ ~ 3d+i~SdNtr1 / ~ ~~~ ~ ~ e ~ ~ ~ _~ ~~ ~ ° "~ ~ ~-~ ~ --- t I~ ~~ t ~ ~ ~ ~~ ~~~ ~FFi x ~ ~ ~ g ~ ~~ CS'3 ~ 4 ~ g W A~ ~ Id v3 ~ 0~ O 3 q 4 I ~ ~ I m ~ n .@ ° ~~ it o ~~ d-^aO x~Q~ la: I ~ Exhibit C CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARII~ATE 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-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Council fords 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. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council fords 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 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 fords that the subdivision will 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, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. 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, ° '~~~- - -~'~• *-•~° '°*° " a that should be brought to the Council attention. ACRD 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 significant natural, scenic or historic features. The Council is unaware of any natural, scenic, or historic features on this site. Therefore, the Council fords 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 determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of maj or importance of which staff is unaware. Exhibit D CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARI~ATE 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 application. In order to grant an annexation 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 fords 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 fords single family residences are permitted within the requested R-8 zoning district. Staff fords that any future use and / or development of this property should comply with the established regulations and purpose statement of the R-8 zoning district. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council fords 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 shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council fords 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 • March 28, 2008 MERIDIAN CITY COUNCIL MEETING AZ 07-020 April 1, 2008 APPLICANT RC Meridian Partners, LLC ITEM NO. 5-E REQUEST Findings for Approval -Request for Annexation and Zoning of 21.81 acres from RUT to R-15 zones for Chalet Marseilles -northwest comer of East Ustick Road and North Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Flndtngs 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: ~rerl ~V ~(g.. Date: 3'31-~ Phone: Emailed: ~ U ~. 1 t 1 ~. ~'[s~ Staff Initials: Materials presets at public meetings shall become properly of the Clty of Meridian. CITY OF MERIDIAN ~ IDI /- ATE, FINDINGS OF FACT, CONCLUSIONS 1 1C11'V OF LAW AND ~ DECISION & ORDER In the Matter of Request for Annexation and Zoning of 21.81 acres from Ada County RUT to R-15 (Medium Density Residential); Preliminary Plat with 3 Residential Building Lots and 1 Common Lot in a proposed R-15 zoning district; Conditional Use Permit for 120 multi-family dwelling units in a proposed R-15 zoning district; Private Street approval within the proposed multi-family development; Alternative Compliance for an alternative design from the private street standards for Chalet Marseilles, by RC Meridian Partners, LLC. Case No(s). AZ-07-020, PP-07-027, CUP-07-023, PS-07-008 and ALT-07-020 For the City Council Hearing Date of: March 18, 2008 (Findings 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 all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-020, PP-07-027, CUP-07-023, PS-07-008 & ALT-07-020 -I- a • The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan 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 evidenced by having submitted the Preliminary Plat dated 03/05/2008 is hereby conditionally approved; 2. The Applicant's Annexation request, as evidenced by having submitted the legal description and exhibit map, stamped and dated 09/04/07, by Ronald M. Hodge, PLS, is hereby conditionally approved; 3. Development Agreement is required with approval of the subject Annexation application and shall include the provisions noted in the attached Staff Report for the hearing date of March 18, 2008, incorporated by reference; 4. The applicant's Site Plan as evidenced by having submitted the Site Plan dated March 5, 2008 is hereby conditionally approved; 5. 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. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-020, PP-07-027, CUP-07-023, PS-07-008 & ALT-07-020 -2- • 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 final 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, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-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 required to go through the platting procedure again. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. 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 maybe filed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-020, PP-07-027, CUP-07-023, PS-07-008 & ALT-07-020 -3- u 2. 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 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 By action of the City Council at its regular meeting held on the `S day of r1` , 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH B1RD VOTED MAYOR TAMMY de WEERD VOTED ~ (TIE BREAKER) ~~ _ ~u ~~ ~~ ~~ ~ i~ Attest: ``,~~`~ i ''.y~i r'b ' i ~L Jaycee olman, City Clerk ~ 9 ~ ~ . Copy served upon Applicant, Th~~? ~~l,~~ent, Public Works Department and City Attorney. y: Dated:-0 c('' ' Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-020, PP-07-027, CUP-07-023, PS-07-008 & ALT-07-020 -4- CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 STAFF REPORT Hearing Date: March 18, 2008 TO: Mayor and City Council A ~~ FROM: Bill Parsons, Associate City Planner E IDICil V ~~' 208-884-5533 ~ ~ ~ ~ SUBJECT: Chalet Marseilles • AZ-07-020 -Request for Annexation and Zoning of 21.81 acres from Ada County RUT to R-15 (Medium Density Residential), by RC Meridian Partners, LLC. • PP-07-027 -Request for a Preliminary Plat with 3 Residential Building Lots and 1 Common Lot in a proposed R-15 zoning district, by RC Meridian Partners, LLC. • CUP-07-023 -Conditional Use Permit for ~ 120 multi-family dwelling units in a proposed R-15 zoning district, by RC Meridian Partners, LLC. • PS-07-008 -Private Street approval within the proposed Chalet Marseilles multi-family development, by RC Meridian Partners, LLC. • ALT-07-020 -Alternative Compliance for an alternative design from the private street standards, RC Meridian Partners, LLC. 1. SUNIMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, RC Meridian Partners, LLC, has applied for Annexation and Zoning (AZ) of 21.8 acres from RUT (Ada County) to R-15 (Medium-high Density Residential). Concurrently, the applicant has submitted for Preliminary Plat (PP) approval of 3 residential lots and one common lot; Conditional Use Permit (CUP) approval to construct amulti-family development consisting of 122 condominium units and a club house; a private street (PS) application for eight private streets within the proposed development and alternative compliance (ALT) to allow the construction of a 36-foot street section to accommodate 8-foot parking aisles along one side. The applicant is proposing to develop the site as an active adult community totaling 122 condominium units with units ranging in size from 1,200 to 1,900 square feet. There is a 5,240 square foot club house also proposed for this site. The proposed dwelling types include 2 individual detached buildings, 14 dual unit buildings and 23 quad-buildings for a total of 39 buildings on the site excluding the club house. The applicant is proposing two building footprints/floor plans for the buildings on the subject site; one is a large floor plan, of which 66 of the 122 total units are a part, and the other is a small floor plan which totals 56 units. Access to the site will be via N. Locust Grove and N. Heritage Avenue with the applicant proposing eight private streets and three public streets that will provide access and circulation within the proposed development. The subject site is located at the northwest corner of E. Ustick Road and N. Locust Grove in Section 31, T4N, R1E. The site is currently designated Medium Density Residential on the City's Comprehensive Plan Land Use Map. This site is within the City's Area of Impact and is contiguous to the current City limits. 2. SUMMARY RECOMMENDATION The subject applications (AZ, PP, CUP, PS, & ALT) were submitted to the Planning Department for concurrent review. By City Ordinance, the Planning & Zoning Commission makes a recommendation to the City Council on the AZ, PP and CUP applications and the PS and ALT applications are reviewed at the Staff level. Below, Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation, Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 1 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 Preliminary Plat, Conditional Use Permit, Private Street, and Alternative Compliance applications. Staff is recommending the applicant submit a revised site plan for the proposed Chalet Marseilles Development (AZ-07-020, PP-07-027, CUP-07-023, PS-07-008, & ALT-07-020) reflecting Staffs recommendations provided in the analysis section below. If the Commission finds that the revised plan is acceptable and wishes to forward on a recommendation of approval to the Council, staff has included conditions listed in Exhibit B of the Staff Report. The Meridian Plannins: & Zoninsl Commission heard these items on January 17, 2008 and February 7.2008. At the public hearing the Commission moved to recommend approval of the subiect AZ, PP and CUP request a. Summary of Commission Public Hearin: i. In favor: Darren Fluke (applicant's representative) ii. In opposition: None iii. Commenting: Tim Krupa. Jeff Larsen iv. Written testimony: John Whitson v. Staff presentin application: Bill Parsons vi. Other staff commenting on application: Caleb Hood b. Kev Issue(s) of Discussion by Commission: i. The proposed perimeter block wall. ii, The shared driveways and the width of the parking pads and driveways in front of the units. Road improvements at the intersection of Locust Grove and Ustick Roads aY. The applicant should work with the LDS church re~ardin the location of the decorative wall on the church's property and a future access point to E Monet Street Y. The 8-foot spite strip that does not allow the extension and connection of N Heritage View Ave. with N. Yellow Peak Ave. at the northern property boundary of Wanda's Meadow Subdivision at this time. c. Kev Commission Chaise(s) to Staff Recommendation• 1. Commission did not require a site directory or site map for the site• condition 1417 reflects this thane. ii. Strike through the provision reauirin the 5 feet of landscapin adiacent to the shared driveway in condition 1.2.4. ~. The applicant has revised preliminary plat the site plan and the landscaping plan to reflect Staff's and Commission's recommendations• all have been inserted in the Exhibit A. lY. Strike through a portion of condition 1.4.1 discussing the drive aisle and parkin pad requirements for the site. Added as proposed on the revised site plan Y, Modified condition 1.4.16 requiring the applicant to provide at least 60-feet between garage faces as proposed in the revised site plan ~. Add two new conditions: 1) work with staff and the LDS Church for future connectivity to E. Monet Street (Condition 1.212) and 2) work with the church regarding the location of the decorative block wall and if the church does not allow the block wall, one is not required (Condition 1.2.13) d. Outstanding Issue(s) for City Council: i. Review of the revised preliminary plat, site plan and landscape plans ii. Block wall(s) on the perimeter in relation to church property The Meridian City Counc'1 heard thpc . itp mc nn Marrh 1 S '7nnQ At ti.p .,,,hl;.. l,o,,,.;,,~ ~},p ~•,,,,,,,,;~ --- -------- annro~ed the s ubiect A7. PP. TP. P an d i,T reaues .~. Sum mary of Citv ounc'1 thl ic_Hea_rino~ 1. _ favor: Darre n Fluke fAnu i an 'c Renre en ativel. .aver .ampbe ll. In opnosition: N one iIL ommenting: nn H ~ c in. on. Arde 1 Baker fn . ~tral partVl Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 2 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~ATE OF MARCH 18, 2008 _~ Written testimon y: Ann Hutch'ncon and Wende 1 Martin y. taff presenting application: Anna Ca Wing yb. Other staff Com m rating on app ication• None 1~ ev Issues of Discussion by Cou nc'l: ' I. he spite stria b etween the applicant s property and the i on property. ja, The private stre et sections for the site. ~, ress rued irrig ation to the ite and m inta'nin the irri ation rea ~irement of the surround' ng County Parcel to th w ~_ Tree mitigation e e for the site. ~ he geotech rep ort of the ite regar in the wet area 'n the no hwe t corner _ of the site ~. Kev . Counc'1 hange to to / Ommiccinn Recnmm nriatinn ~. he itv o nc '1 rea sir .d a DA for the cite- The appli ant shall h .fled the UP site plan a nd elevations for the site. The DA provi ion ha been include in Exhibit B. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-07-020, PP-07-027 and CUP-07-023 (PS and ALT optional) as presented in staff report for the hearing date of March 18, 2008 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07-020, PP-07-027 and CUP-07-023 (PS and ALT optional) as presented during the hearing on March 18, 2008, for the following reasons: (you should state specific reasons for denial of the annexation and plat and you must state specific reasons for denial of the conditional use permit and what the applicant could do to gain your approval in the future.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-07- 020, PP-07-027 and CUP-07-023 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: NWC of E. Ustick Road and N. Locust Grove Road Section 31, T4N, R1E b. Owners: RC Meridian Partners, LLC 8142 S. State Street, Suite 106 Midvale, Utah 84047 c. Applicant: same as above d. Representative: Daren Fluke, J-U-B Engineers 250 S. Beechwood Ave, Suite 201 Boise, ID 83709 e. Present Zoning District: RUT (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 3 CITY OF MERIDIAN PLANNII~PARTMENT STAFF REPORT FOR THE HEARI~ATE OF MARCH 18, 2008 g. Description of Applicant's Request: The applicant has applied for annexation and preliminary plat approval of 41ots on 21.8 acres in a proposed R-15 zoning district. Also for concurrent review, the applicant is requesting Conditional Use Permit (CUP) approval to construct amulti-family development consisting of 122 units and a club house. The applicant is also requesting approval to construct a private streets with one side designated for a parking lane and the other with 5-foot attached sidewalks and alternative compliance from the private street standards to allow an 8-foot parking lane on the proposed private streets. 1. Date of site plan (attached in Exhibit A): 12-14-2007 Z. Date of landscape plan (attached in Exhibit A): 12-14-2007 3. Date of elevations (attached in Exhibit A): 7-10-2007 4. Date of preliminary plat (attached in Exhibit A): 12-14-07 h. Applicant's Statement/Justification: The applicant is requesting Annexation and Zoning approval from the existing RUT zoning to R-15 zoning; preliminary plat approval of three residential lots and one common lot and conditional use approval to develop a 122 condominium unit active adult community. Each unit will be individually owned and maintenance will be the responsibility of the Home Owner's Association. The applicant is also submitted a private street application and requested alternative compliance to allow private streets for the proposed multi-family development and allow a deviation from the private street design standards. The private streets exceed the minimum requirements and act as an enhancement to the project. Primary access to the development is from N. Locust Grove Road. Most of the buildings proposed for the site will be single story units with optional lofts. The proposed land use and architectural style of the condo units will enhance and compliment the existing residential developments. All buildings will meet the multi-family development setback requirements. The club house for the site will provide amenities such as an exercise facility, theater, community kitchen, and swimming pool. Additional amenities include walking paths, water feature, community rose garden, tennis courts, putting greens and pavilion equipped with tables and barbeques. The intent of this project is to incorporate a high quality project that will be an asset to the City. (See Applicant's Submittal Letter for more.) 5. 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 & Zoning Commission and the City Council on this matter. b. The subject application will in fact constitute a Preliminary 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 the City Council on this matter. c. The subject application will in fact constitute a conditional use 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 and Zoning Commission and the City Council on this matter. d. The subject application will in fact constitute a private street as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is not required on this matter. e. The subject application will in fact constitute an Alternative Compliance review as determined by City Ordinance. By reasons of the provisions of the Unified Development Code, Title 11, Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 4 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEARI~ATE OF MARCH 18, 2008 Chapter 5, a public hearing is not required on this matter. £ Newspaper notifications published on: December 31, 2007 and January 14, 2008 (Planning and Zoning Commission); February 25, 2008 and March 10.2008 (City Council) g. Radius notices mailed to properties within 300 feet on: December 21, 2007 (Planning and Zoning Commission); February 22, 2008 (City Council) h. Applicant posted notice on site by: January 7, 2008 (Planning and Zoning Commission); March 8, 2008 (City Council) 6. LAND USE a. Existing Land Use(s): There is an existing home and associated outbuildings 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 area surrounding the proposed development is primarily single-family residential. c. Adjacent Land Use and Zoning: 1. North: LDS Church and Single-family homes, Quenzer Commons No.S and No. 6; zoned RUT(Ada County) and R-8 2. West: Whitson Parcel, zoned RUT in Ada County; Single-family homes, Wanda's Meadows, zoned R-4 3. South: Single-family homes, Howell Tract Subdivision; zoned R-8 4. East: Single-family homes, Summerfield Subdivision; zoned R-4 d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: N Locust Grove Rd, N Yellow Peak Ave, N Heritage Ave. Location of water: N Locust Grove Rd, N Yellow Peak Ave, N Heritage Ave. Issues or concerns: Pressure zone conflict PRV will need to be installed by the developer at the N Heritage Ave water connection. 2. Vegetation: There are some existing trees on the subject properties that should either be preserved or mitigated for. 3. Floodplain: N/A 4. Canals/Ditches/Irrigation: There are irrigation ditches on the subject property which are proposed for tiling. 5. Hazards: Staff is not aware of any hazards associated with this property. 6. Size of Property: 21.8 acres 7. Gross Density: 5.8 units per acre f. Landscaping (see Analysis below for more details): 1. Width of street buffer(s): A twenty-five foot wide landscape buffer is required on N. Locust Grove Road and E. Ustick Road. Both roadways are designated arterial roadways. Z. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: The applicant states that 13.11% (2.86 acres) of the site is being set aside for common open space. 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 5 CITY OF MERIDIAN PLANNII~PARTMENT STAFF REPORT FOR THE HEARI~ATE OF MARCH 18, 2008 UDC 11-3B-12. g. Amenities: For multi-family developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the development (UDC 11-4-3.27D-2d). There are 122 units proposed in this development. As a reference for multi-family developments with 75 units or more, 4 amenities are required, with at least one from each category (Quality of Life, Open Space, and Recreation). The club house portion of the development will provide amenities as follows: 5,240 square-feet with exercise facilities, stadium seating theater, a community kitchen, swimming pool and water feature. Other amenities on site include: walking path throughout the development, open grassy areas with sitting areas, a putting green, a tennis court, a community rose garden, plaza area and a pavilion with tables and barbeques. See Analysis below for more information regarding amenities. h. Off-Street Parking: UDC 11-3C-6 requires multi-family dwellings with more than 1 bedroom to have 2 parking spaces per dwelling unit in a covered carport or garage. The applicant is proposing 2- car garages for each dwelling unit. However, the applicant has stated that the multi-family units are proposed to be platted as condominiums in the future. If the multi-family units are platted for condominiums (which the city would then classify the units as single-family), the applicant would be responsible for providing a 20' X 20' pad in front of the garages of the units. The Applicant is currently showing some visitor parking on the multi-family/condo sites. Staff is not supportive of the shared drive aisles and parking pads for the units located along the perimeter of the project. Staff believes that the parking pads in front of the garages should either be 20' x 20'with a 25' wide drive aisle/back-up area, for a total or 65-feet in length to accommodate vehicular maneuverability OR the garages should be pulled closer together to be 5' in length or less to the drive aisle. If the pads are constructed as proposed (50' between garages) in front of some of the garages then cars will be tempted to park in front of the garages, thus blocking the drive aisles and not providing adequate back-up area. See below for further analysis. i. Conditional Use Information: 1. Non-residential square footage:. 5,240 square feet (Community Clubhouse) 2. Proposed building height: approximately 30 feet 3. Percentage of site devoted to building coverage: 25% 4. Percentage of site devoted to landscaping: 29% 5. Percentage of site devoted to paving: 46% 6. Percentage of site devoted to other uses: 13.11 % useable common open space 7. Number of residential units: 122 j. Required Dimensional Standards: The applicant is proposing amulti-family development within an R-15 zoning district. Typically the UDC requires a minimum 10-foot setback to the perimeter unless a greater setback is required by the UDC. In this case, the rear setback for the R-15 zoning district is greater than the 10-foot requirement (12-feet). The minimum interior setbacks between buildings should be 10 feet. k. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing eight private streets and three public streets that will provide access and circulation within the proposed development. Primary access to the site is proposed from N. Locust Grove to/from E. Monet Street. Heritage View Avenue will be extended from the north to provide access and connectivity to the existing residential subdivision (Quenzer Commons No. 6). Heritage Avenue and N. Chardin Avenue, both public roadways, will stub to the southwest for future connectivity to Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 6 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~ATE OF MARCH 18, 2008 adjacent properties. The applicant should also provide a public turnaround easement where N. Chardin Avenue and E. Vernet Lane intersect. 7. AGENCY COMMENTS MEETING On December 28, 2007, staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Parks Department and Public Works Department. Staff has included all comments and recommended actions as Conditions of Approval in 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 project includes 122 units on 21.8 acres for a gross density of 5.59 dwelling units/acre. The proposed density lies within the anticipated density of the Comprehensive Plan for this area. 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): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACFID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change. • The subject lands currently lie within the City s urban service planning area and is serviced by Meridian City Fire Department. This service will not change. • The subject lands currently lie within the jurisdiction the Meridian Police Department (MPD). This service will not change. • The subject site can be serviced by the City of Meridian's sanitary sewer and water system. 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 Sanitary Services Company. • Chapter VII, Goal IV, Objective C, Action 1: Protect existing residential properties from incompatible land use development on adjacent parcels. Both the Comprehensive Plan and the Zoning Map envision the adjacent properties in this area of Meridian to develop with residential land uses. Staff believes the proposed development to be harmonious with the existing and future residential developments in the area. Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is required to install and maintain a 2S foot landscape buffer adjacent to both N. Locust Grove Road and E. Ustick Road. Within the required buffer the applicant is proposing a Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 7 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR)~ATE OF MARCH 18, 2008 berm. • Chapter VI, Goal II, Objective A, Action 3: Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications generally comply with the applicable policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 6: Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The adjacent residential projects to the southwest and north have provided opportunities for the subject site to provide vehicular connectivity. The applicant is proposing to extend the existing public streets to make connections for vehicular and pedestrian connectivity. Further, the applicant is proposing to construct anorth-south public street, Chardin Avenue, along the west property line so that that vacant parcel can eff ciently develop and connect to the subject site in the future. Staff is generally supportive of the vehicular connectivity proposed. • Chapter VI, Goal II, Objective A, Action 5: Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The adjacent Quenzer Commons project to the north has provided an opportunity for a pedestrian connection to this property. The applicant is providing pedestrian connectivity internally as well as to the Quenzer Commons Subdivision No. 6 to the north. The applicant is also provided future pedestrian connectivity to the parcel west and south of the site. • Chapter VII, Goal IV, Objective C, Action 6: Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See analysis above. • 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. Prior to construction of any buildings, temporary fencing should be constructed around the perimeter of this site. Staff recommends that the Commission and Council 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. UNIFIED DEVELOPMENT CODE a. Schedule of Use Control: Unified Development Code (i7DC) 11-2A-21ists multi-family developments as a conditional use in the R-15 zoning district. Specific Use Standards (UDC 11-4-3-27) apply to multi-family developments; please see Section 10, Analysis below for more information. Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 8 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEARI~ATE OF MARCH 18, 2008 b. Purpose Statement of the Residential Districts: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. Multifamily Development (UDC 11-4-3.27): The following standards shall apply for the multifamily units, including standards for Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Site design (iTDC 11-4-3.27B): The building shall provide a minimum setback often feet unless a greater setback is otherwise required by this title. Building setbacks shall take into account windows, entrances, porches and patios and how they impact adjacent properties. All site service areas; outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from the public street. A minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. For the purposes of this Section, vehicular circulation areas, parking areas and private useable open space shall not be considered common open space. The parking shall meet the requirements set forth in Chapter 3 of this Title. Developments with 20 units or more shall provide the following: a property management office, a maintenance storage area, a central mailbox location, a directory and map of the development at an entrance or convenient location for those entering the development. Common open space design requirements (UDC 11-4-3.27C): A minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. Site development amenities (IJDC 11-4-3.27D): All multifamily developments shall provide for quality of life, open space and recreation amenities to met the particular needs of the residents as follows: a) Quality of Life (clubhouse, fitness facility, enclosed bike storage, and public are such as a statue); b) Open Space (open grassy area of at least 50 by 100 feet in size, community garden, ponds or water features, and plazas); and c) Recreation (pool, walking trails, children's play structures, and sports courts). The number of amenities shall depend on the size of the multifamily development as follows: For multifamily developments with 75 units or more, 4 amenities shall be provided, with at least 1 from each category. For multifamily developments with more than 100 units, the decision-making body shall require additional amenities commensurate to the size of the proposed development. Architectural Character (UDC 11-4-3.27E): Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 9 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEARI~ATE OF MARCH 18, 2008 All building elevations shall have a minimum portion of the elevation devoted to architectural features designed to provide articulation and variety. These features shall include, but are not limited to windows, bays and offsetting walls that extend at least two feet; recessed entrances; and changes in material types. Changes in material types shall have a minimum dimension of two feet and minimum area of 25 square feet. Main entrances, which are the primary point(s) of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification. Entrances shall be adequately covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a significant pitch. Flat roofs should include distinctive cornice treatments. Exterior building materials and finishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and the are encouraged. Windows are required to allow views to exterior activity areas or vistas. Windows shall be provided on any building facing any common area used for children's recreation. All roof and wall-mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Landscaping (UDC 11-4-3.271E~: Development shall meet the minimum landscaping requirements in accord with Chapter 3 of this Title. All street-facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: The landscaped area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty- four inches shall be planted; and groundcover plants shall be planted in the remainder of the landscaped area. Maintenance and Ownership (UDC 11-4-3.27G): All multifamily developments shall 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, and other development features. Outdoor storage/refuse areas (iJDC 11-3A-12): Outdoor utility meters, I-iVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 10 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEARI~ATE OF MARCH 18, 2008 AZ Application: The applicant is proposing an R-15 zoning designation, which is generally consistent with the Medium Density Residential Map designation for this site. Approval of the subject annexation and zoning request would allow the Applicant to obtain aMedium-High Zoning Designation for the subject property. According to UDC 11-2A-2 amulti-family development is a conditional use in an R- 15 zoning district. For concurrent review, the applicant has submitted a preliminary plat, a conceptual development plan and building elevations showing how this site may develop as an active adult community totaling 122 condominium units. Based on the policies and goals contained in the Comprehensive Plan and the proposed Future Land Use Map designation of Medium Density Residential for this property, Staff believes that the requested R-15 zoning district is appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and findings for an annexation. The annexation and zoning legal description prepared by Ronald M. Hodge, PLS, dated September 4, 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. The applicant has provided staff with a CUP for amulti-family development on this site. Because the UDC has an extensive list of multi- family standards (listed in section 9 above) of which Staff will hold the applicant strict conformance to; Staff believes that a DA is not necessary in this instance. If the Commission or Council believe 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 be made. PP Application: 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 multi-family development. Please see below and Exhibit D for detailed analysis and facts and fmdings for a preliminary plat. Dimensional Requirements of the R-15 zone per UDC Table 11-2A-7: The applicant is proposing three residential lots and one common lot within an R-15 zoning district. The UDC requires a minimum lot size of 2,400 square feet. The proposed lots comply with the R-15 zoning district dimensional standards. Landscaping: Locust Grove Road and Ustick Road are designated as arterial roadways. A 25-foot wide landscape buffer is required adjacent to arterials (iJDC Table 11-2B-3). The submitted landscape shows a 25-foot bermed landscape buffer along both roadways and complies with the UDC. The UDC requires a 10-foot wide landscape buffer along locaUcommercial streets; however, this standard does not apply to residential developments. On the submitted landscape the applicant has indicated the main public streets (N. Heritage View Avenue and E. Monet Street) within the development will be lined with trees and sod. Staff is supportive of this proposal as it adds to the attractiveness of the project. The applicant is also proposing to construct an internal pathway system for recreational use. The submitted landscape plans do not show the trees and groundcover required by UDC 11-3B-12. Pathways should also be constructed in accordance with UDC 11-3A-8. Staff believes the applicant should provide a revised copy of the landscape plan demonstrating compliance with the UDC 11-3B-12 and the other landscape requirements mentioned herein. Ten copies should be made available to Staff prior to the City Council hearing. Chalet Mazseilles AZ, PP, CUP, PS & ALT PAGE 11 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEARI~ATE OF MARCH 18, 2008 UDC 11-3B-8C requires a minimum of 5 foot perimeter landscape buffer along lot lines that are adjacent to the shared driveways. Said buffers shall be improved with trees and groundcover. The submitted landscape plan shows a shared driveway south of N. Chardin Avenue that does not provide the required 5 feet of landscaping. The applicant should provide a 5-foot landscape buffer with trees and groundcover along said driveway. There are some existing trees on this site. The applicant states some are to remain and be protected during construction and others are to be removed. Any existing on-site 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 those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The Applicant should coordinate a mitigation and protection plan with Elroy Huff at the Meridian Parks Department. A written certificate of completion should be prepared 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. Common Areas/Open Space: UDC 11-3G-1 requires the applicant to provide a certain amount of common open space and site amenities in residential districts. This section of the code is applicable to parcels 5 acres or larger in size. The subject property totals approximately 22 acres which requires the site provide a minimum of 10% open space. In addition to the open space requirement certain amenities shall be provided on the site. Qualifying amenities include 5,000 square feet of grassy area, water features, plaza, clubhouse, picnic area, pool, walking paths and fitness facilities just to name a few. The proposed project is providing approximately 13% common open space on the site with the following qualifying amenities: club house, pool, walking path, plaza, community garden, water feature, fitness facility, picnic area, putting green and tennis courts. Staff believes the applicant has done an excellent job providing open space and amenities on this site. Also in accordance with the UDC, maintenance of all common areas shall be the responsibility of the Chalet Marseilles Homeowners Association. Drainage: Seepage beds for stormwater drainage are shown on Lot 1, Block 2. 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. NOTE: Applicant shall be aware that infiltration ponds for ACRD public streets require ezposed filter sand. This sand area does not count toward the City of Meridian's open space requirements. Other provisions to meet vegetated open space requirements must be made when ACRD pond designs incorporate ezposed filter sand. Proposed Streets and/or Access: Primary access to the site will be via N. Locust Grove to/from E. Monet Street. It is important to note the proposed alignment of said roadway is not adjacent to the roadway (E. Summerheights Drive) east of the site. Staff has received written comments from ACHD supporting the alignment of the proposed streets. Furthermore, there is an existing LDS church site directly to the north. This site has a full access driveway approximately 30 feet north of the proposed public street. If the church were to request annexation into the city, Staff would probably condition that the church's full access driveway be vacated. Therefore, Staff is supportive of the applicant's proposal to construct E. Monet Street along the north property line. This way the church can take access from Monet Street and not Locust Grove Road in the future. In addition, N. Heritage View Avenue will be extended from the north to provide access and connectivity to the residential subdivision (Quenzer Commons No. 6). N. Heritage Avenue and N. Chardin Avenue, both public roadways, will stub to the southwest for future connectivity to adjacent properties. There is an existing 8-foot wide strip between Wanda's Meadows and the subject site. The applicant has stubbed N. Heritage View Avenue to the south, in alignment with Yellow Peak Avenue, so the properties will be interconnected when the Whitson (spite strip) property develops in the future. The same Whitson property lies west of the subject site, east of Wanda's Meadow. The applicant is Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 12 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 proposing to construct anorth-south public street along the east side of the Whitson property so it can effectively develop in the future. Staff is supportive of the public street design for Chardin Avenue. The applicant should provide a public turnaround easement where N. Chardin Avenue and E. Vernet Lane intersect. If these changes are made, Staff is supportive of the proposed access for this development. Along with public streets within the development, the applicant is proposing eight private streets that will provide access and circulation within the proposed development. The private street requirements will be further explained in the Private Street section below. Ditches, Laterals, and Canals: There are several irrigation ditches that run through/along this property. The submitted site plan indicates the ditches are be tiled. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: 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. 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. 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. Existing Structures: The site currently contains an existing single family home with associated outbuildings. The submitted plans indicate all existing buildings are to be removed to make way for the proposed multi-family development. Prior to the City Engineer's signature of the final plat, all existing buildings on this site shall be removed. Fencing: The submitted landscaping plan shows a decorative concrete wall proposed for the development; however, perimeter fencing is not shown on the preliminary plat. The applicant should state at the public hearing if perimeter fencing is proposed for the site. At a minimum, temporary construction fencing should be installed prior to issuance of building permits for the subdivision. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. All fencing shall be installed in accordance with UDC 11-3A-7. CUP Application: The applicant has submitted for CUP approval of 122 units and club house in a proposed R-15 zone. As mentioned above, Staff feels a Development Agreement is not warranted for this site because staff is including all conditions of the multi-family development within the CUP conditions. The site is to consist of no more than 122 multi-family units with a club house. Furthermore, the applicant should submit for a condo plat for the subject project in the future, as proposed. Multi-family Standards: The UDC has several specific standards that apply to multi-family developments (See Section 9 above for a complete list.) These standards apply to Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Below are some of the multi-family and general design standards that the applicant should be required to comply with. Site Design: UDC 1-4-3.27B requires developments with 20 units or more provide the following: a property management office, a maintenance storage area, a central mailbox location, a directory and map of the development at an entrance or convenient location for those entering the development. The referenced requirements above are for multi-family developments. The applicant intends to condo the 122 units; if the subject applications are approved (which the city would then classify the units as single-family). Therefore, Staff believes the requirements for the property management office and a maintenance storage area is not warranted. In addition, the applicant states the Home Owner's are to maintain the proposed develop thru CCR's that will govern the development. However, Staff feels with the amount of units proposed, the site should include centralized mail boz locations throughout the development and provide a directory and site map located at the entrance of the development. Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 13 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR~ATE OF MARCH 18, 2008 The applicant should include these revisions on the site plan prior to commission review as well. Multi-family Setbacks: The applicant is proposing amulti-family development within an R-15 zoning district. Typically the UDC requires a minimum 10-foot setback to the perimeter unless a greater setback is required by the UDC. In this case, the rear setback for the R-15 zoning district is greater than the 10-foot requirement (12 feet). The minimum interior setbacks between buildings should be 10 feet. The submitted site plan shows the structures comply with the 12-foot perimeter setback. However, some of the internal buildings are between 9 and 10. Staff believes the applicant should comply with the 10- foot requirement between the buildings. Site Plan: The applicant is proposing several different structures on this site. The site is expected to develop with 40 buildings, including the club house. The mix of buildings includes 2 single detached buildings, 14 bi-unit buildings and 23 quad unit buildings, totaling 122 units. The two building footprints for the subject site include a large floor plan totaling 66 units and the other is a small floor plan which totals 56 units. The site is expected to develop with the 8 smaller bi-unit buildings and 10 smaller quad-unit buildings located primarily internal to the development. The larger-unit buildings are located along the perimeter of the development and consist of 2 single unit buildings, 6 bi-unit buildings, and 13 quad-unit buildings. All of the units have attached two car garages with a parking pad in front of each unit. Staff is not supportive of the shared drive aisles and parking pads for the units located along the perimeter of the project and the one quad unit building located on Lot 1, Block 2. Staff believes that the parking pads in front of the garages should be 20' g 20'and provide a 25-foot drive aisle (65' length total) to accommodate vehicular maneuverability or shorten the parking pad to 5' in length or less to discourage parking in front of the garages (35' length total). If the pads are constructed as proposed (50' length between garages) in front of some of the garages then cars will be tempted to parkin front of the garages, thus blocking the drive aisles. NOTE: All of the internal units comply with this parking and drive aisle/back-up requirement. Staff has determined the amount of units unable to conform to the above mentioned requirement at 60 units. Staff believes the applicant could revise the site plan to have some of the buildings comply with the above mentioned requirement. Staff realizes that all of the units may not be able to comply and suggests the applicant reconfigure the site plan to have at least 75% (92 units) comply with the single family parking requirements. The other additional parking for the 30 units without parking pads (5-foot) would be on the private streets as proposed. Staff would suggest the applicant request continuance to allow time to review the revised site plan. Staff believes this a significant change to the site plan and advises the applicant submit 10 revised copies of the site plan prior to the Commission hearing. Parking: UDC 11-3C-6A requires multi-family dwellings 2 or more bedrooms to have atwo-car covered carport or garage for each unit. The submitted site layout proposes two car garages for each of the multi-family units. If the multi-family developments are platted for condominiums in the future, the applicant would not comply with the single family parking standards of the UDC. The applicant would have to comply with this requirement to gain approval for a condo plat. If the applicant revises the site plan as Staff has suggested above, staff is supportive of the parking within the proposed development. The proposed parking spaces for the multi-family development should conform to the dimensional requirements of the UDC. The submitted site plan shows the visitor parking stalls meet the standard parking stalls of the UDC. Elevations: The applicant has submitted building elevations for all of proposed buildings including the club house. There are four types of elevations proposed, two for each of the larger footprint buildings and two for the small footprint buildings. Both of the product types are shown to be constructed of Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 14 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEARI~DATE OF MARCH 18, 2008 stucco with substantial stone accents, architectural roofing shingles, covered entrances and tall entry doors. Some of the other accenting features include copper metal roofing on the eaves of the proposed smaller units and the chimneys of both the larger and smaller units; arched windows board and batten and shake shingle siding accenting the front facades of the larger units. The club house is proposed to be constructed of board and batten and shake siding with accented stone front facade highlighted by an entryway rotunda. Majority of the windows are arched and accented with shutters. Staff likes the appearance of the proposed buildings and any future buildings shall substantially comply with the construction materials and design elements shown in these elevations. Furthermore, Staff believes no more than two buildings in a row (side by side) should have the same elevation typology. UDC 11-4.3 requires multi-family structures to comply with specific design standards. Exterior building materials and finishes should convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and the are encouraged. Staff believes that the elevations submitted with the CUP significantly meet the requirements of the design standards listed in UDC 11- 3A-19. Density: As noted on the Comprehensive Plan Future Land Use Map, this area is designated Medium Density Residential. This designation anticipates densities between 3 to 8 dwelling units to the acre in this area. The applicant is proposing a density of 5.59 dwelling units to the acre. The applicant complies with the density allowed in an R-15 zone and the Comprehensive Plan. Staff is supportive of the proposed density. Landscaping: Per UDC 11-4-3.27.F, all street-facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: The landscaped area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches shall be planted; and groundcover plants shall be planted in the remainder of the landscaped area. The submitted landscape plans do not reflect the foundation planting requirements referenced above. Staff believes the applicant should provide a revised copy of the landscape plan demonstrating compliance with the multi-family development requirements. Ten copies should be made available to Staff 10 days prior to the City Council hearing. Pedestrian Pathways: The adjacent project to the north (Quenzer Commons Subdivision No. 6) has provided an opportunity for a pedestrian connection with this property via 5-foot attached sidewalks along N. Heritage View Avenue. As mentioned earlier there is an existing 8-foot wide spite strip/flag associated with the Whitson parcel to the southwest. Yellow Peak Avenue is stubbed to this spite strip from Wanda's Meadow. Because of that strip the applicant is not able to connect the roadway or sidewalk to the southern development. However, the applicant has stubbed a street and sidewalk to the Whitson property for future connectivity. Furthermore, Staff is recommending the applicant re- locate the proposed sidewalk along the northern side of E. Monet Lane to the south side of said street to provide better pedestrian connectivity between the developments, when the Whitson property is developed. Private Useable Open Space: UDC 11-4-3.27B requires a minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. The applicant has shown, on the floor plans, that each dwelling unit will provide at least 80 square feet of covered patio on both the larger footprints and the smaller footprints. This patio is being provided on the side of each unit. Staff is supportive of the location of covered patios. Amenities: The applicant is required to provide amenities for the multi-family development. For multi-family developments with more than 100 units, the decision making body shall require amenities commensurate to the size of the development (iJDC 11-4-3.27D-2d). As a reference, the UDC requires Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 15 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEARI~ATE OF MARCH 18, 2008 multi-family developments containing 75 units or more to provide 4 amenities, with at least one from each category (Quality of Life, Open Space, and Recreation). The applicant is providing amenities as follows: 5,240 square-foot community club house with a fitness facility, stadium seating theater, a gathering area with acommercial-grade kitchen (Quality of Life) and swimming pool (Recreation). The entrance to the club house will be accented with a courtyard and water feature (Open Space). Other amenities include a walking trail around the perimeter of the property (Recreation), covered pavilion with barbeques (Quality of Life), tennis courts (Recreation), putting green (Recreation), a community rose garden, a plaza area and open grassy areas with sitting areas (Open Space). Staff believes the applicant has done a great job providing amenities within the proposed development. Furthermore, Staff recommends that the Commission determine if the proposed amenities are appropriate for a development of this size. Open Space: UDC 11-4-3.27C requires a minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. The units for the proposed multi-family developments range in size from 1,200 square foot units to 1,900 square foot units. The UDC requires 350 square feet for each unit containing more than 1,200 square feet of living area. The multi-family developments are proposing a total of 122 units. The minimum amount of open space required per code for all of the proposed multi-family development is 42,700 sq. ft (122 X 350 sq. ft). The applicant states that 6.69% (63,513 sq. ft.) of the site is being set aside for common usable open space. Maintenance of all common areas should be the responsibility of the Home Owners' Association(s). Staff believes that the open space proposed complies with the UDC. Refuse Areas: The Sanitary Services Company (SSC) has not commented on the proposed dumpster locations or design. The applicant should contact SSC for further comment on enclosure design and location prior to submitting for a CZC. PS (Private Street) Application: In conjunction with the public streets, the applicant is proposing to construct eight private streets to provide access and circulation within this development. The UDC requires private streets to be constructed within an easement and have a travel lane width of 24' or 26' with no allowed parking as determined by the Fire Marshal. The proposed private streets are all internal to the development and are to be constructed as a 36-foot street section that includes a 5-foot wide sidewalk on one side, a 2 foot rolled curb, 2 10-foot wide travel lanes, an 8 foot parking area, and a 1 foot ribbon curb. The applicant has submitted a Private Street application as required by UDC 11-3F-3 and received Fire Department approval for the proposed street section. Staff is supportive of the applicants request and has provided further analysis in the Alternative Compliance section below. ALT (Alternative Compliance) Application: The specific request for alternative compliance is associated with the width of the travel lanes and the parking on private streets. The UDC requires the travel lanes of Private Streets to be a minimum of 24 feet with no on street parking. The applicant is proposing 20-foot travel lanes with an 8-foot parking lane. The applicant states that this private street is identical to ACHD's reduced 29-foot street section. The applicant has also contacted the Meridian Fire Department and received Fire Department approval for the proposed street section. Staff believes the proposed design would not create a safety hazard and allows some visitor parking within the development. In Lieu of the Private Street Standards, staff supports and approves ALT-07-020 associated with the findings in Exhibit D. Staff is recommending that the applicant submitted a revised site plan for the proposed Chalet Marseilles development (A2-07-020, PP-07-027, CUP-07-023, PS-07-008, & ALT-07-020). If the Commission finds Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 16 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEARI~DATE OF MARCH 18, 2008 that the revised plans are acceptable and wishes to forward on a recommendation of approval to the Council, staff has included conditions listed in Exhibit B of the Staff Report. The Meridian Plannin>s & Zoning Commission heard these items on January 17 2008 and February 7 2008 At the public hearing the Commission moved to recommend approval of the subiect 7 PP and CUP request The Meri is 1tV C'OllnCll heard theca ttemc nn Marrh 1A 7M4 A++1.,.....i.u,, i...,...:__..L_ ~.____ ;~^ ,______ , „ iect A7,. PP. TP. P, and i.T reaLe t 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: 03-OS-08) 3. Landscape Plan (dated: 03-OS-08) 4. Site Plan (dated: 03-OS-08) 5. Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Descriptions & Exhibit Maps D. Required Findings from the Unified Development Code 1. Annexation and Zoning Findings 2. Preliminary Plat Findings 3. CUP Findings 4. Private Street Findings 5. Alternative Compliance Findings Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 17 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~ATE OF MARCH 18, 2008 1. Vicinity Map Exhibit A CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 2. Preliminary Plat evised 06s['BleWL:awid -} .L39HB tl3A00 4b80'WLEB o4APi'as~og ~„~Ae `•S~ ~~ g - _ 1tl1dAWM9Yll3tld o~ai'xwnoovav'nmara~ F ~ ~~~ ~ ~~i •saa3nn~ s-n-r ~ ~ ~ N01SiN08f1S S31113SHVW 131VH9 c ~~ 4~ ~ ~- ~ FA ~ ~ & 3 ~ ; W~ ~ ~ w ~~ ~ 3 33 ~ ~ 1 ~~3~~,~~~~~ ~~ ~ ~~ ~€~ l~~~ 3 ~e ~~~~j$ t ~ a g~ ~~ ~ 4 } ,g g $ ,4 ~g ~~~ ~ ~ j ~~ ~~~ ~~1~~~~ ~ {'~~ ao n3nvrr~is~?~-a~_ _~ g ~~E € g Hg~ t &~~~ g ' j jg ' g ' ~~~~~§~~~9~~~95~9~~ ' ~~~9~9~9~~9 ~ ~ ~~, i s ~ I i I ~ t ~ o o ® a e . - - - - - J m ~ , 3 $ ~ ~ g _ E,g E g ~ I ~~ ~~ g~~ ~~~ ~~~ 4 ~ ~g ~~ i~ ~~ ~ y~y w ~~ 8 p@B g 9 g§$g g$ag {ss{gq ~ B ~ ~ e a p B G ~ 9 456 ~~ ~ ~ ~ ~ S K ~ a i8 i D.'~ '~` ~ ~~ ~ ~ ~ ~ 3 ~ 8 ! g s a E a g s s g O Zed g ' - w .~ i a m n m m 9 c ^3 _J _ __.- U ~ ! t ~ ,- T -- .4 z ~ - - -- ~,r^a~ i ~ - _ d -- - ---- r-~ - owa i~uoi V} ", 5 - - - - _ --- _---- --- -- -- ~` _ 4 ~ ~ o ' ate' _ rn ; _ U' "s _ ~o ~~ ~ ~~ ~] ~ ~ v L~~U11~ ~a- s ,~ ~ ~: ~~ ~ `` ~ s `~ i o ~a•~ ~ E+ ~ 1 ~ ' - -- - w-- '' !I+ ti_ ~N J ~ ~ .i VI ~ o: w~~~~ ~ z <o~„ o ~~a~g~ Wks ~~ m~m~ .. ~vt ~~ I~ 7 Exhibit A CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 3. Landscape Plan Revised ~o ~Id ~~pea'1 II8J~O ~ a ~~ ~ ~ISIrIPU~S ~III~gW 3el~U~ A ~ ~ ~ ~ ~~ ® ~ W ~ ~ ~~ ~~~ ~ a ~ ~~~~ $ ~ ~~ ~ . •o• ~~ ~ III ~~ ~~ ~ ~~ ~ ~~ ~ ~~s~~~~~~~~~~~~ o~om ~ s ~~ p~e~g ® ~~ O~F e ~ O k z~~e ta'~'r,7 9 6 4 _ , ; - _;- ~ -~ w ~ tw s~ q„ R yffi~ popi~ ~a ~ ~ a, ~~~8~~ gag ~ _{! pa, . a r e ~.. Fy a Y ~ ao a~ aeY i. a a Exhibit A CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~ATE OF MARCH 18, 2008 4. Site Plan evised ~ ~ ~ ~ v a ° ' ~ ° a d v ~- c a C ~.n "- o~ .~ ~~ N s+ N N O~ ~+f C 10 d o` '~ 0 `m ~' _O `~ MI W W J J_ W W J Q U d~ o _ ~I g ~- N J ~ ~ ~ X ~ d N aa O. ~ G V l C 7 ~ w: ~ ~ GJ s ~ y W C! C J O Vw _.__ ~ p p ~ G! ~ ~ N ~ ~ ~ ' C V V a ~ O ~ m ~ ~ . m c b t /s ±0 ~ J In in F li ice- h - - _._r-- ,, __ fj~ ~, ;I , , _ ~, ~L Exhibit A r ~ ,' ~~ .. ,,, ~ ~ _( I; ~~I ~_ _- _ _ ~ << ' I ~ ~~ ~~j ~i c.. -`.- .va...=--' . --i -. __ ''s-.gyn.: .._ _ _x_ ~~ ki i. p ' D p, ~~ --~~ `~ ~ i l~~ ' 1~ ~, t' L CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEARI~ATE OF MARCH 18, 2008 5. Elevations (Large Footprint) FRONT ELEVATION RIGHT ELEVATi~I FRONT ELEVATION RIGHT ELEVATION Exhibit A CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEARI~ATE OF MARCH 18, 2008 5. Elevations (Small Footprint) FRONT ELEVATION RIGHT ELEVATION FRONT ELEVATION RIGHT ELEVATION Exhibit A CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 .-, ~ ~ ~ ® ,, FRONT ELEVATION -SINGLE UNIT ~~~ ', REAR ELEVATION -SINGLE UNIT Exhibit A CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 FRONT ELEVATION RIGHT ELEVATION REAR ELEVATION LEFT ELEVATION I~ Exhibit A 5. Elevations (Club House) CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR DATE OF MARCH 18, 2008 B. Conditions of Approval 1. PLANNING 1.1 ANNEXATION/ZONING 1.1.1 The annexation and zoning legal descriptions submitted with the application (stamped on September 4, 2007 by Ronald M. Hodge, PLS) is accurate and meet the requirements of the City of Meridian. 1.1 2 A Development Aereement will be required as part of the annexation and zoning of this prone Prior to the annexation and zoning ordinance approval a DA shall be entered into between the City of Meridian. the property owner(s) (at the time of annexation/rezone ordinance adoption) and the eveloper. The app ican chall nntact the itv Attorney. Bill Nar.._ at 888-44 wit in months of Council approval to i~tiate this process The DA shall include at a minimum the following: • Construct a maximum of 120 units on this site and comply with the site plan dated 03 OS 08 and elevations submitted with the CUP 1.2 PRELIMINARY PLAT 1.2 Site Specific Conditions 1.2.1 The 4-lot preliminary plat prepared by J-U-B Engineers, dated 03/05/2008 (attached in Exhibit A), is approved, with the conditions listed herein. 1.2.2 Except for the full-access public streets into the development (one to N. Locust Grove Road), direct lot access to Ustick Road and Locust Grove Road is prohibited. N. Heritage View Avenue shall be stubbed to the south as proposed and N. Chardin Avenue shall be constructed as a 40-foot street section and stubbed to the west when the Whitson property is developed. E. Monet Street shall be constructed along the north boundary (south boundary of the church) to provide access for future connectivity to the LDS Church site. 1.2.3 Prior to the City Engineer's signature on the final plat, all existing structures shall be removed.. 1.2.4 The landscape plan prepared by Breckon Land Design, dated 03/05/2008, labeled Sheets L 1.1-1.3 (attached in Exhibit A), is approved with the following notes/changes: • Provide a minimum 25-foot wide bermed landscape buffer along Locust Grove Road and Ustick Road, with meandering detached 5-foot sidewalk, as proposed. All landscape materials shall be installed in accordance with UDC 11-3B-9, Landscape Street Buffers. • Provide a minimum 5-foot landscape strip with trees and sod along both sides of E. Monet Street and N. Heritage View Avenue, as proposed. • Per UDC 11-3B-10, the Applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Provide a copy of the plan to the Planning Department with the final plat submittal. • The applicant shall construct and install the pathway in accordance with UDC 11-3A-8 and UDC 11-3B-12. ~6 • A written certificate of completion should be prepared by the 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 B CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 18, 2008 Submit revised landscape plans to the Planning Department with the submittal of the final plat application. 1.2.5 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, asingle-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 prior to signature on the final plat by the Meridian City Engineer. 1.2.6 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, that intersect, cross or lie within the area being subdivided shall be tiled. 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 construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.2.7 All development improvements including water, sewer, fencing, landscaping, amenities and pressurized irrigation shall be installed and approved prior to City's Engineers signature on the final plat. 1.2.8 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. 1.2.9 Applicant shall be required to pay Public Works development plan review and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02- 374. 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. 1.2.11 Applicant shall be aware that infiltration ponds for ACRD public streets require exposed filter sand. This sand area does not count toward the City of Meridian's open space requirements. Other provisions to meet vegetated open space requirements must be made when ACRD pond designs incorporate exposed filter sand. 1.2.12 The applicant shall work with staff and the LDS Church for an appropriate location for future access alone E. Monet Street to determine future connectivity if/when the LDS Church request annexation into the Ci 1.2.13 Construct the decorative block wall as~roposed If the LDS Church does not allow the applicant to construct the decorative block wall along the northern boundary of E Monet Street then said wall shall not be required. 1.3 GENERAL CONDITIONS 1.3.1 Sidewalks/walkways shall be installed within the subdivision and along the adjacent streets pursuant to UDC 11-3A-17. 1.3.2 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. 1.3.4 The Applicant shall submit a fencing plan with the final plat application for the subdivision. 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. All fences shall taper down to 3 feet Exhibit B -Page 3 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DA7'E OF MARCH 18, 2008 maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation or preliminary plat does not relieve the Applicant of responsibility for compliance. 1.3.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.3.7 The applicant shall comply with the dimensional standards of the R-15 zoning district; provide a minimum 12' perimeter setback. 1.4 CONDITIONAL USE PERMIT 1.4.1 The site plan, prepared by J-U-B Engineers, Inc., dated 03/05/2008, is ~ae>i approved. n-^-Ta° ^ -^-~°^a r.+^ ; 1^fil FP~PC->I'Ine *1.laanrar~afinn 1' + d 1. 1 d' '•~' ~~or~d~'~cc~ircc$ 7 ' '°' ° ~~s: All comments and conditions of the accompanying Annexation (AZ-07-020) and Preliminary Plat (PP-07-027) applications shall also be considered conditions of the Conditional Use Permit (CUP-07-023). 1.4.2 The applicant shall construct a maximum of ~ 120 units. All buildings shall be condoed, as proposed. 1.4.3 No more than two buildings in a row (side by side) shall have the same elevation. 1.4.4 The landscape plan prepared by Breckon Land Design., dated 03/05/2008, is approved with the following modifications/notes: • Per UDC 11-4-3-27, all street facing elevations shall have landscaping along the foundation for the multi-family units as follows: - The landscaped area shall be at least 3-feet wide; - For every 3 linear feet of foundation, an evergreen shrub having a minimum mature height of 24 inches shall be planted; and - Ground cover plants shall be planted in the remainder of the landscaped area. 1.4.5 Provide private streets and private street signs within the multi-family development. Said private streets shall be constructed as approved with PS-07-008 and ALT-07-020 (see 1.5 below) in lieu of. Provide a public turnaround and turnaround easement where the N. Chardin Avenue and E. Vernet Lane intersect. 1.4.6 1.4.7 Provide at least 80 square feet of private, useable open space, such as a patio or balcony/deck, for each multi-family dwelling unit, as proposed on the floor plans. 1.4.8 Provide amenities as follows: a minimum 63,513 sq. ft of open space, a 5,240 square-foot community club house and fitness facility (Quality of Life), pool (Recreation), 5 foot wallcing trails around the perimeter of the property (Recreation), a pavilion with tables and barbeques (Quality of Life), water feature, plaza area, a community rose garden, a putting green, tennis courts, oval track and open space with sitting areas (Open Space), as proposed. 1.4.9 Building setbacks, separation between proposed structures shall comply with the Building Code and Fire Code. There shall be a minimum of 10 feet between buildings. 1.4.10 As determined by the Planning Director, the multi-family buildings and clubhouse constructed on this site shall substantially comply with the renderings submitted to the City with the CUP application, and Exhibit B CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEARATE OF MARCH 18, 2008 as modified by the conditions of approval herein. All roof and wall-mounted mechanical, electrical, communications, and service equipment shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Further, all buildings shall comply with the architectural standards of UDC 11-4-3.27E. 1.4.11 No building or structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) permit from the Meridian Planning and Zoning Department. NOTE: Multiple multi-family buildings maybe contained in a single CZC permit. 1.4.12 Prior to CZC issuance, provide assurances that construction debris will not blow off of the property by either having a debris maintenance plan or providing temporary construction fencing. 1.4.13 Comply with all of the standards listed in UDC 11-4-3.27 regarding multi-family developments, including Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. 1.4.14 Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. 1.4.15 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.4.16 If the buildings are to be platted as condominiums in the future, the applicant shall construct a 20' X 20' parking pad in front of ° the units as proposed on the revised site plan. ~~gs 1.4.17 Provide centralized mail box locations throughout the development. 1.4.18 Comply with all of ACHD's requirements and conditions for this project. 1.5 PRIVATE STREET/ALTERNATIVE COMPLIANCE 1.5.1 Construct N. Picasso Lane, E. Verret Lane, N. Rousseau Lane, E. Monet Lane, N. Matisse Lane, E. Renoir Lane, E. Voltaire Lane and E. Leroux Lane as 36-foot street sections that includes a 5-foot wide sidewalk on one side, a 2 foot rolled curb, 2 10-foot wide travel lanes, an 8 foot parking area, and a 1 foot ribbon curb. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N Heritage Ave and N Locust Grove Road. The applicant shall install mains to and 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 are 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 conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in N Locust Grove Road, N Heritage Ave and N Yellow Peak Ave. The applicant shall be responsible to install a PRV at the N Heritage Ave water connection at the developer's expense, coordinate size with Kyle Radek in the engineering department at 898-5500. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Exhibit B CITY OF MERIDIAN PLANNIEPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common 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 forms. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXIiIBTT 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. 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 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. 2.6 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 or non-approval submitted to 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)334-2190. 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 sewer, water, etc., prior to signature on the final plat. 2.12 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. 2.13 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- 374. 2.14 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. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Exhibit B CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 2.16 Developer shall coordinate m ailbox locations with the Meridian Post Office. 2.17 All grading of the site shall b~; performed in conformance with MCC 11-12-3H. 2.18 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill. where footing would sit atop fill material. 2.19 The engineer shall be required 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 of the crawl spaces of homes is ; it least 1-foot above. 2.20 The applicants design engines;r shall be responsible for inspection of all irrigation and/or drainage facility within this project tha t do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. Tl is certification will be required before a certificate of occupancy is issued for any structures within the I roject. 2.21 At the completion of the projc~t, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD s~ andards. These record drawings 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-press .ue sodium streetlights shall be required at locations designated by the Public Works Department. Al L streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/ ~r fire hydrants. Final design locations and quantity are determined after power designs are completed ~y Idaho Power Company. The street light contractor shall obtain design and permit from the Public W orks Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supl ly for fire protection will be by the Meridian Fire Department and water quality by the Meridian Watea Department for bacteria testing. 3.2 Any roadway greater than 15( 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 temporary approved turn around on streets greater than 150 feet in length with no outlet. 3.3 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadw Sys shall be marked in accordance with Appendix D Section D103.6 Signs. 3.4 Operational fire hydrants, ter iporary or permanent street signs and access roads with an all weather surface are required before coy nbustible construction is brought on site. 3.5 To increase emergency access ~ o the site a minimum of two points of access will be required for any portion of the project, which serves mere than 50 homes. The two entrances should be separated by no less than %z the diagonal measurement of tl .e full development. The applicant shall provide a stub street to the properly to the (south). 3.6 The roadways shall be built ~ o Ada County Highway Standards cross secticm requirements and shall have a clear driving surface, a vailable at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based c n the face of curb dimension. 3.7 All portions of the buildings lo~:ated on this project must be within 150 feet of a paved surface as measured around the perimeter of the building. Exhibit B CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR DATE OF MARCH 18, 2008 3.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.9 There shall be a fire hydrant within 100' of all fire department connections. 4. POLICE DEPARTMENT 4.1 No comments received. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 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 SERVICE COMPANY 6.1 No comments received. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 23-feet of additional right-of--way (48-feet total from centerline) along Ustick Road abutting the parcel. The right-of--way purchase and sales agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit, whichever comes first. Allow 30 business days to process the right-of- way dedication after receipt of all requested 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 Dedicate 23-feet of additional right-of--way (48-feet total from centerline) along Locust Grove Road abutting the parcel. The right-of--way purchase and sales agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACFID Commission or prior to issuance of a building permit, whichever comes first. Allow 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of- way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.1.3 Construct a 5-foot detached concrete sidewalk along Ustick Road abutting the site no closer than 41-feet from the centerline and aligning with existing improvements to the west. If a portion of the sidewalk is located outside of the public right-of--way, the applicant shall provide the District with an easement for Exhibit B CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 public access. The easement shall extend from the public right-of--way to the back of sidewalk. There shall be no gap between the sidewalk easement and the public right-of--way. 7.1.4 Construct a 5-foot detached concrete sidewalk along Locust Grove Road abutting the site no closer than 41-feet from the centerline and aligning with existing improvements to the north. If a portion of the sidewalk is located outside of the public right-of--way, the applicant shall provide the District with an easement for public access. The easement shall extend from the public right-of--way to the back of sidewalk. There shall be no gap between the sidewalk easement and the public right-of--way. 7.1.5 Construct N. Chardin Avenue as proposed with a minimum of 24-feet of pavement, rolled curb and gutter on its east side. 7.1.6 Construct a public turnaround at the south terminus of Chardin Avenue. The turnaround shall be subject to the approval of the Meridian Fire Department. 7.1.7 Construct a 4-foot detached concrete sidewalk alog the east side of Chardin Avenue. If a portion of the sidewalk is located outside of the public right-of--way, the applicant shall provide the District with an easement for public access. The easement shall extend from the public right-of--way to the back of sidewalk. There shall be no gap between the sidewalk easement and the public right-of--way. 7.1.8 Construct Heritage View Avenue as proposed with 32-feet of pavement and rolled curb and gutter on both sides. Heritage View Avenue shall connect with the existing Heritage View Avenue stub to the north and align with the existing Yellow Peak Avenue stub to the south. 7.1.9 Install a sign at the south terminus of Heritage View Avenue stating that, "THIS ROAD WII.L BE EXTENDED IN THE FUTURE." 7.1.10 construct 4-foot detached concrete sidewaks on both sides of Heritage View Avenue and connect tem with existing sidewalk improvements to the north. If a portion of the sidewalk is located outside of the public right-of--way, the applicant shall provide the District with an easement for public access. The easement shall extend from the public right-of--way to the back of sidewalk. There shall be no gap between the sidewalk easement and the public right-of--way. 7.1.11 Construct Monet Street as proposed with 32-feet of pavement and vertical curb and gutter on both sides. Monet Street's right-of--way shall abut the north property line. 7.1.12 Construct a 5-foot attached sidewalk along the north side of Monet Street. 7.1.13 Construct a 4-foot detached concrete sidewalk along the south side of Monet Street. If a portion of the sidewalk is located outside of the public right-of--way, the applicant shall provide the District with an easement for public access. The easement shall extend from the public right-of--way to the back of sidewalk. There shall be no gap between the sidewalk easement and the public right-of--way. 7.1.14 Construct all private drives as proposed, with 15-foot curb return radii where they meet public streets. 7.1.15 Direct lot access to Ustick Road is prohibited and shall be noted on the final plat. 7.1.16 Direct lot access to Locust Grove Road is prohibited and shall be noted on the final plat. 7.1.17 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval Exhibit B CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway 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 maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter 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. 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 ACHD 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. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 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 ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 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 awaiver/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. Exhibit B CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR DATE OF MARCH 18, 2008 C. Legal Descriptions and Exhibit Maps pro9ect: 10-0757 ate: September 4, 2007 R-15 ZONE pE5CR1}r~{pN That parEion of t:tua Southeast Ya of the Southeast y of Section 31, Township 4 North, Range 1 East, [ioise Meridian. Meridian, Ada County, Idaho, and more particularly described as fotlovus: Cammencir~ at the Southeast cornet of Section 31, the RQ1Pff OF BEGINNING; thence along the Southerly boundary of the Southeast Y. of the Southeast +/. of said section, North 89°4T09` West, 6ti2.30 feet; thence along. the VYesterty boundary of fhe Southeast % of the Southeast ~/n of the Southeast Ye of Section 31. North ~°34'05° East, 623.50 feet; thanes North 89°4626° West, 661.77 feet to the Westerly ~undary of the Sautiteast ~/a of the Southeast Y. of Section 31; , thence along said boundary North ~'3T~" East, 706.02 feet to the Southerly boundary of Quenzer COrnrnonS SubdiVisiEm; thence along said boundary, South 89"4628° East, b61.97 feet to the Westerly boundary of the Northeast'/. of the Southeast,l, of tits Southeast Ye of Section 31; thence along said boundary. South 00°34'05° West, 599.78 f~; thence South 89°45x5° East, 681.68 feet to the Easterly botmdary of the Southeast +/. of the Southeast ~ of SecNan 31: • , thence along said boundary, South 00°31'09" West, 729.67 feet to the POINT OF BEGINNING. Containing 21.810 acres, more or less. END OF DESCRtF*ftON Prepared by: J-U-B £NGtNEERS, Inc. Ronald M. Hodge, F.L.S. REV VAL BY rott~atara puaut: WORKS ilEPL R111ii/TLK:Ihc P: VEC110-O7-fl57 Rt A4erkrmn~1407~057 Admtnllhsviptrartslrt mCt9dt~t R 95.~pt Exhibit C CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR DATE OF MARCH 18, 2008 Exhibit C CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 Project: 10-07-057 Date: September 4, 2~7 PLAT DESCRIPTION That porti~ of the Southeast Ye of the Southeast Y~ of Section 31, Township 4 North, Range 1 East, Boise' Meridian, Meridian, Ada County, Idaho, and more particularly described as foiiows: Commenting at the Southeast turner of Section 31, the POINT OF BEG1NNiNG; thence along the Southerly boundary of the Southeast Yi of the Southeast Ye of said section, North 84°4709" West, 662.30 feet; thence along the Westerly boundary of the Southeast r~ of the Southeast'/. of the Southeast Y4 of Section 31, North OD°34'05° East, 623.50 feet: thence North 89°46'Z6° West, 6b1.77 feet to the Westerly boundary of the Southeast Ys of the Southeast Y, of Section 31; thence along said boundary North 00' 3T00° East, 70b.0a feet to the Southerly bamdary of Quer-zer Commons Sutrdivision; thence along said boundary, South 89°45'26° East, 651.97 feet to the Westerly boundary of the Northeast /. of the Southeast +/, of the Southeast Yi of Section 31; thence along said boundary, South OD°34'05` West, 549.7b feet; theme South 89'45'45° East, 661.68 feet to the Easterly bours:lary of the Southeast Y. of the Southeast Y, of Section 31; thence along said boundary, South ~°3109° West, 729.67 feet to the POINT OF BEGINNING. Containing 21.810 acres, more or less. END OF DESCRIPTION Prepared by: J~U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. W-1. ,~ a _t:}„° M ~~~ DEPBT ~ RMH/TLK:Ihc P:UECIt~-flT-fl3T RCMeHdken~lp-07-f157 A~thlpescriPtt~51r~ P~,~ Exhibit C CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 POINT OF - BEGINNING BOUNDARY ExHiBiT Exhibit C CITY OF MERIDIAN PLANNI~7EPARTMENT STAFF REPORT FOR THE HEAR DATE OF MARCH 18, 2008 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application.l`n order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to zone the subject property to R-15. The Council fmds that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fmds that multifamily developments are conditional uses within the R-15 zoning district. The Council fmds that future development of this property should comply with the established regulations and purpose statement of the R-15 district. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council fmds that a zoning amendment to R-15 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. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council fmds that a zoning amendment to R-15 for this site will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The Council fmds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the fmdings listed above, the Council finds that Annexation and Zoning of this property to R-15 would be in the best interest of the City, as mentioned in the Staff Report. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 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. Staff 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. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Exhibit D CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR DATE OF MARCH 18, 2008 The Council fmds 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 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 fmds that the subdivision will 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, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. 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. ACRD 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 of which staff is unaware. 6. The development preserves significant 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 maj or importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. CUP Findings The Commission and Council shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Council fmds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. nev~e..°~re~ised ~t ~~n i~ n~laFl r~flrttin~ X11 1 + 1 +' i. 1' ,7 '~t~ e A 1 r a Y b "' ° 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council fmds that the proposed use is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the e~sting or intended character of the Exhibit D CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR DATE OF MARCH 18, 2008 general vicinity and that such use will not adversely change the essential character of the same area. The Council fords that the proposed multi-family development (as amended in Exhibit B) should be compatible with other uses in the general area and will not adversely change the character of the area. Staff recommends that the Commission reference any public testimony that may be presented to determine whether or not the proposal will adversely affect the other properties in the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval in Exhibit B and constructs all improvements and operates the use in accordance with the UDC standards. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Please refer to the comments and conditions prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Company and ACRD in Exhibit B. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the developer will be fmancing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. T'he Council finds that the applicant should be required to pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. The Council fords that the proposed uses should not create excessive additional costs for facilities or services and should not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The Council does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. Staff recommends that the Commission reference any public testimony that may be presented to determine whether or not the proposal may cause health, safety or environmental problems of which staff are unaware. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 18, 2008 4. Private Street Findings: A. The Design of the private street meets the requirements of this Article; The applicant will have to certify that the Ada County Street Naming Committee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11 ' 3F-4; no gates are allowed. Roadway and storm drainage shall be contained on site. B. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and The Council does not anticipate any hazard, nuisance or other detriment from the private streets if they are constructed and maintained as designed. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The location of the private streets does not conflict with the Comprehensive Plan and/or the regional transportation plan. 5. Alternative Compliance Findings: In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR The applicant is proposing to construct the private street with an overall width of 36 feet. The applicant has worked closely with the Meridian Fire Department for their approval. Fire has given their approval of the proposed private streets with the allowed 8-foot parking lanes along one side of the roadway. The Council fords the construction of private streets meets the intent of the City's private street standards of the code. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Council fords the alternative compliance does provide a superior means for meeting the City's private street standards and provides a single family ambience to the development. A typical private street section for a residential district is 24 feet. The applicant is proposing a parking lane with 5- foot attached sidewalks along one side of the roadway. The proposed private streets are identical to the ACfID's reduced 29-foot street sections. The overall width of the street section exceeds the City's private street standards of 24 and 26 feet. Therefore, Council is supportive of the applicants request for alternative compliance from the private street standards. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Council fords that the proposed alternative will not be detrimental to the public welfare or impair the use /character of the surrounding properties. Exhibit D • • March 28, 2008 PP 07-027 MERIDIAN CITY COUNCIL MEETING April 1, 2008 APPLICANT RC Meridian Partners, LLC ITEM NO. 5-F REQUEST Findings for Approval -Request for Preliminary Plat approval of 3 residential building lots and 1 common lot in a proposed R-15 zone for Chalet Marseilles -northwest comer of East Ustick Road and North Locust Grove Road AGENCY COMMENTS ~~ CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Findings Contacted: ~ ~ r ~ ~ ` y~.~. Date: ~ 3 ~~~ Phone: Emailed: Staff Initials: Materials presented at public meeMngs shall become properly of the ity of Meridian. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER L J ~E IDIZ IAN~- ~J In the Matter of Request for Annexation and Zoning of 21.81 acres from Ada County RUT to R-15 (Medium Density Residential); Preliminary Plat with 3 Residential Building Lots and 1 Common Lot in a proposed R-15 zoning district; Conditional Use Permit for 120 multi-family dwelling units in a proposed R-15 zoning district; Private Street approval within the proposed multi-family development; Alternative Compliance for an alternative design from the private street standards for Chalet Marseilles, by RC Meridian Partners, LLC. Case No(s). AZ-07-020, PP-07-027, CUP-07-023, PS-07-008 and ALT-07-020 For the City Council Hearing Date of: March 18, 2008 (Findings 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 all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, .which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-020, PP-07-027, CUP-07-023, PS-07-008 & ALT-07-020 -1- • 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan 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 evidenced by having submitted the Preliminary Plat dated 03/05/2008 is hereby conditionally approved; 2. The Applicant's Annexation request, as evidenced by having submitted the legal description and exhibit map, stamped and dated 09/04/07, by Ronald M. Hodge, PLS, is hereby conditionally approved; 3. Development Agreement is required with approval of the subject Annexation application and shall include the provisions noted in the attached Staff Report for the hearing date of March 18, 2008, incorporated by reference; 4. The applicant's Site Plan as evidenced by having submitted the Site Plan dated March 5, 2008 is hereby conditionally approved; 5. 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. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-020, PP-07-027, CUP-07-023, PS-07-008 & ALT-07-020 -2- 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 final 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 filed by the applicant prior to the termination of the period in accord with 11-6B-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 required to go through the platting procedure again. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 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 maybe filed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-020, PP-07-027, CUP-07-023, PS-07-008 & ALT-07-020 -3- r~ u ~~ 2. 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 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 S'~ By action of the City Council at its regular meeting held on the ~ day of ~ , 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED / (TIE BREAKER) .~ ~a~vrit+rP de Weerd Attest: Jaycee ~Iolman, City Clerk Copy served upon Applicant, Attorney. . ~ ~ , .~ '.. ~` BJ~AL = " ~ ~, ''-,, t~T fay • ,~Q ~~•`. 'a~` The Pl~afi~ir~g, ,~p~tl~ient, Public Works Department and City B Dated: ~' - ~--~ ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-020, PP-07-027, CUP-07-023, PS-07-008 & ALT-07-020 -4- CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~ATE OF MARCH 18, 2008 STAFF REPORT Hearing Date: March 18, 2008 TO: Mayor and City Council A FROM: Bill Parsons, Associate City Planner E IDIL "iN ~'- 208-884-5533 ~ ®~ ~ ~ SUBJECT: Chalet Marseilles • AZ-07-020 -Request for Annexation and Zoning of 21.81 acres from Ada County RUT to R-15 (Medium Density Residential), by RC Meridian Partners, LLC. • PP-07-027 -Request for a Preliminary Plat with 3 Residential Building Lots and 1 Common Lot in a proposed R-15 zoning district, by RC Meridian Partners, LLC. • CUP-07-023 -Conditional Use Permit for ~ 120 multi-family dwelling units in a proposed R-15 zoning district, by RC Meridian Partners, LLC. • PS-07-008 -Private Street approval within the proposed Chalet Marseilles multi-family development, by RC Meridian Partners, LLC. • ALT-07-020 -Alternative Compliance for an alternative design from the private street standards, RC Meridian Partners, LLC. 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, RC Meridian Partners, LLC, has applied for Annexation and Zoning (AZ) of 21.8 acres from RUT (Ada County) to R-15 (Medium-high Density Residential). Concurrently, the applicant has submitted for Preliminary Plat (PP) approval of 3 residential lots and one common lot; Conditional Use Permit (CUP) approval to construct amulti-family development consisting of 122 condominium units and a club house; a private street (PS) application for eight private streets within the proposed development and alternative compliance (ALT) to allow the construction of a 36-foot street section to accommodate 8-foot parking aisles along one side. The applicant is proposing to develop the site as an active adult community totaling 122 condominium units with units ranging in size from 1,200 to 1,900 square feet. There is a 5,240 square foot club house also proposed for this site. The proposed dwelling types include 2 individual detached buildings, 14 dual unit buildings and 23 quad-buildings for a total of 39 buildings on the site excluding the club house. The applicant is proposing two building footprints/floor plans for the buildings on the subject site; one is a large floor plan, of which 66 of the 122 total units are a part, and the other is a small floor plan which totals 56 units. Access to the site will be via N. Locust Grove and N. Heritage Avenue with the applicant proposing eight private streets and three public streets that will provide access and circulation within the proposed development. The subject site is located at the northwest comer of E. Ustick Road and N. Locust Grove in Section 31, T4N, R1E. The site is currently designated Medium Density Residential on the City's Comprehensive Plan Land Use Map. This site is within the City's Area of Impact and is contiguous to the current City limits. 2.5U1VIlVIARY RECONIlVIENDATION The subject applications (AZ, PP, CUP, PS, & ALT) were submitted to the Planning Department for concurrent review. By City Ordinance, the Planning & Zoning Commission makes a recommendation to the City Council on the AZ, PP and CUP applications and the PS and ALT applications are reviewed at the Staff level. Below, Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation, Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 1 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 Preliminary Plat, Conditional Use Permit, Private Street, and Alternative Compliance applications. Staff is recommending the applicant submit a revised site plan for the proposed Chalet Marseilles Development (A~07-020, PP-07-027, CUP-07-023, PS-07-008, & ALT-07-020) reflecting Staffs recommendations provided in the analysis section below. If the Commission finds that the revised plan is acceptable and wishes to forward on a recommendation of approval to the Council, staff has included conditions listed in Exhibit B of the Staff Report. The Meridian Planning & Zoning Commission heard these items on January 17, 2008 and February 7, 2008. At the public hearing the Commission moved to recommend approval of the subiect AZ, PP and CUP request. a. Summary of Commission Public Hearing: i. In favor: Darren Fluke (applicant's representative) ii. In opposition: None iii. Commenting: Tim Krupa, Jeff Larsen iv. Written testimony: John Whitson v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Caleb Hood b. Kev Issue(s) of Discussion by Commission: ~. The proposed perimeter block wall. ~. The shared driveways and the width of the parking pads and driveways in front of the units. ~i_'. Road improvements at the intersection of Locust Grove and Ustick Roads iy. The applicant should work with the LDS church regarding the location of the decorative wall on the church's property and a future access point to E Monet Street Y. The 8-foot spite strip that does not allow the extension and connection of N Heritage View Ave. with N. Yellow Peak Ave. at the northern property boundary of Wanda's Meadow Subdivision at this time. c. Kev Commission Change(s) to Staff Recommendation• ~. Commission did not require a site directory or site map for the site• condition 1417 reflects this change. Strike through the provision requiring the 5 feet of landscaping adiacent to the shared driveway in condition 1.2.4. ~, The applicant has revised preliminary plat the site plan and the landscaping plan to reflect Staff s and Commission's recom_m_ endations; all have been inserted in the Exhibit A. ~. Strike through a portion of condition 1.4.1 discussing the drive aisle and parking pad requirements for the site. Added as proposed on the revised site plan Y. Modified condition 1.4.16 requiring the applicant to provide at least 60-feet between iarage faces as proposed in the revised site plan. ~. Add two new conditions: 1) work with staff and the LDS Church for future connectivity to E. Monet Street (Condition 1.2.12) and 2) work with the church regarding the location of the decorative block wall and if the church does not allow the block wall, one is not required (Condition 1.2.13). d. Outstanding Issue(s) for Citv Council: i. Review of the revised preliminary plat. site plan and landscape plans ii. Block wall(s) on the perimeter in relation to church property he Meridian City oLnc'1 heard theca ite me nn Marrh 1i2 ~.nnQ At tl.n nnhli~ hoar:.... t anprovesl the s ubiect 7.. PP. TP. P an d i.T reaue t ,a. um marV Of City O nC~l Pnhl i Aearina~ i_. In_favor: Darre n Fluke (Applicant's Renresen ativel Lavar Campbell ii. In opposition: None jjl. ommen 'ng: A nn H ~ incon. rde 1 Baker (ne ~tral partvl Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 2 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~ATE OF MARCH 18, 2008 aY. ritten testimo ny Ann Hutc incon and Wende 1 Y. tall presenting application: Anna .a pin .~ Wither staff co~ mentin~ on app ication• None ~, eV ISSLeS of DiscpS lOII bV OL IIC'1; ~, he mite strip b etween he app ican ' property and he it on prop rtv ~. he private stre et ection for the i e ~. ressurized irrig ation o the cite and mainta'nin the 'rri ation rea ~irement n i the surro n~- C' t P l h u ~, Tree mitil:aHon oun y arce o t e we for the i y~ he ~eotech repo rt of he i e rear in he we area 'n he no hwe corner of th it _~ ev e s e. CounC'1 Chan ec to S aff/C' nmmiccinn RprnmmP ~. _ he City oLnc il ren»ir .r~ a nA fnr the citn Thn annlirant eh~ll hn 1ir. UP site plan an d elevation for he ite. The DA nrovi ion ha been 'n lode in Exhibit B. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-07-020, PP-07-027 and CUP-07-023 (PS and ALT optional) as presented in staff report for the hearing date of March 18, 2008 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07-020, PP-07-027 and CUP-07-023 (PS and ALT optional) as presented during the hearing on March 18, 2008, for the following reasons: (you should state specific reasons for denial of the annexation and plat and you must state specific reasons for denial of the conditional use permit and what the applicant could do to gain your approval in the future.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-07- 020, PP-07-027 and CUP-07-023 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: NWC of E. Ustick Road and N. Locust Grove Road Section 31, T4N, R1E b. Owners: RC Meridian Partners, LLC 8142 S. State Street, Suite 106 Midvale, Utah 84047 c. Applicant: same as above d. Representative: Daren Fluke, J-U-B Engineers 250 S. Beechwood Ave, Suite 201 Boise, ID 83709 e. Present Zoning District: RUT (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 3 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEARI~ATE OF MARCH 18, 2008 g. Description of Applicant's Request: The applicant has applied for annexation and preliminary plat approval of 41ots on 21.8 acres in a proposed R-15 zoning district. Also for concurrent review, the applicant is requesting Conditional Use Permit (CUP) approval to construct amulti-family development consisting of 122 units and a club house. The applicant is also requesting approval to construct a private streets with one side designated for a parking lane and the other with 5-foot attached sidewalks and alternative compliance from the private street standards to allow an 8-foot parking lane on the proposed private streets. 1. Date of site plan (attached in Exhibit A): 12-14-2007 2. Date of landscape plan (attached in Exhibit A): 12-14-2007 3. Date of elevations (attached in Exhibit A): 7-10-2007 4. Date of preliminary plat (attached in Exhibit A): 12-14-07 h. Applicant's StatementlJustification: The applicant is requesting Annexation and Zoning approval from the existing RUT zoning to R-15 zoning; preliminary plat approval of three residential lots and one common lot and conditional use approval to develop a 122 condominium unit active adult community. Each unit will be individually owned and maintenance will be the responsibility of the Home Owner's Association. The applicant is also submitted a private street application and requested alternative compliance to allow private streets for the proposed multi-family development and allow a deviation from the private street design standards. The private streets exceed the minimum requirements and act as an enhancement to the project. Primary access to the development is from N. Locust Grove Road. Most of the buildings proposed for the site will be single story units with optional lofts. The proposed land use and architectural style of the condo units will enhance and compliment the existing residential developments. All buildings will meet the multi-family development setback requirements. The club house for the site will provide amenities such as an exercise facility, theater, community kitchen, and swimming pool. Additional amenities include walking paths, water feature, community rose garden, tennis courts, putting greens and pavilion equipped with tables and barbeques. The intent of this project is to incorporate a high quality project that will be an asset to the City. (See Applicant's Submittal Letter for more.) 5. 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 & Zoning Commission and the City Council on this matter. b. The subject application will in fact constitute a Preliminary 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 the City Council on this matter. c. The subject application will in fact constitute a conditional use 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 and Zoning Commission and the City Council on this matter. d. The subject application will in fact constitute a private street as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is not required on this matter. e. The subject application will in fact constitute an Alternative Compliance review as determined by City Ordinance. By reasons of the provisions of the Unified Development Code, Title 11, Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 4 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 Chapter 5, a public hearing is not required on this matter. f. Newspaper notifications published on: December 31, 2007 and January 14, 2008 (Planning and Zoning Commission); February 25, 2008 and March 10 2008 (Gifu Council) g. Radius notices mailed to properties within 300 feet on: December 21, 2007 (Planning and Zoning Commission); February 22, 2008 (Gifu Council) h. Applicant posted notice on site by: January 7, 2008 (Planning and Zoning Commission); March 8, 2008 (Gifu Councill 6. LAND USE a. Existing Land Use(s): There is an existing home and associated outbuildings 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 area surrounding the proposed development is primarily single-family residential. c. Adjacent Land Use and Zoning: 1. North: LDS Church and Single-family homes, Quenzer Commons No.S and No. 6; zoned RUT(Ada County) and R-8 2. West: Whitson Parcel, zoned RUT in Ada County; Single-family homes, Wanda's Meadows, zoned R-4 3. South: Single-family homes, Howell Tract Subdivision; zoned R-8 4. East: Single-family homes, Summerfield Subdivision; zoned R-4 d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: N Locust Grove Rd, N Yellow Peak Ave, N Heritage Ave. Location of water: N Locust Grove Rd, N Yellow Peak Ave, N Heritage Ave. Issues or concerns: Pressure zone conflict PRV will need to be installed by the developer at the N Heritage Ave water connection. 2. Vegetation: There are some existing trees on the subject properties that should either be preserved or mitigated for. 3. Floodplain: N/A 4. Canals/Ditches/Irrigation: There are irrigation ditches on the subject property which are proposed for tiling. 5. Hazards: Staff is not aware of any hazards associated with this property. 6. Size of Property: 21.8 acres 7. Gross Density: 5.8 units per acre f. Landscaping (see Analysis below for more details): 1. Width of street buffer(s): A twenty-five foot wide landscape buffer is required on N. Locust Grove Road and E. Ustick Road. Both roadways are designated arterial roadways. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: The applicant states that 13.11 % (2.86 acres) of the site is being set aside for common open space. 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 5 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEARI~ATE OF MARCH I8, 2008 UDC 11-3B-12. g. Amenities: For multi-family developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the development (UDC 11-4-3.27D-2d). There are 122 units proposed in this development. As a reference for multi-family developments with 75 units or more, 4 amenities are required, with at least one from each category (Quality of Life, Open Space, and Recreation). The club house portion of the development will provide amenities as follows: 5,240 square-feet with exercise facilities, stadium seating theater, a community kitchen, swimming pool and water feature. Other amenities on site include: walking path throughout the development, open grassy areas with sitting areas, a putting green, a tennis court, a community rose garden, plaza area and a pavilion with tables and barbeques. See Analysis below for more information regarding amenities. h. Off-Street Parking: UDC 11-3C-6 requires multi-family dwellings with more than 1 bedroom to have 2 parking spaces per dwelling unit in a covered carport or garage. The applicant is proposing 2- car garages for each dwelling unit. However, the applicant has stated that the multi-family units are proposed to be platted as condominiums in the future. If the multi-family units are platted for condominiums (which the city would then classify the units as single-family), the applicant would be responsible for providing a 20' X 20~ pad in front of the garages of the units. The Applicant is currently showing some visitor parking on the multi-family/condo sites. Staff is not supportive of the shared drive aisles and parking pads for the units located along the perimeter of the project. Staff believes that the parking pads in front of the garages should either be 20' x 20'with a 25' wide drive aisle/back-up area, for a total or 65-feet in length to accommodate vehicular maneuverability OR the garages should be pulled closer together to be 5' in length or less to the drive aisle. If the pads are constructed as proposed (50' between garages) in front of some of the garages then cars will be tempted to park in front of the garages, thus blocking the drive aisles and not providing adequate back-up area. See below for further analysis. i. Conditional Use Information: 1. Non-residential square footage: 5,240 square feet (Community Clubhouse) 2. Proposed building height: approximately 30 feet 3. Percentage of site devoted to building coverage: 25% 4. Percentage of site devoted to landscaping: 29% 5. Percentage of site devoted to paving: 46% 6. Percentage of site devoted to other uses: 13.11 % useable common open space 7. Number of residential units: 122 j. Required Dimensional Standards: The applicant is proposing amulti-family development within an R-15 zoning district. Typically the UDC requires a minimum 10-foot setback to the perimeter unless a greater setback is required by the UDC. ]n this case, the rear setback for the R-15 zoning district is greater than the 10-foot requirement (12-feet). The minimum interior setbacks between buildings should be 10 feet. k. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing eight private streets and three public streets that will provide access and circulation within the proposed development. Primary access to the site is proposed from N. Locust Grove to/from E. Monet Street. Heritage View Avenue will be extended from the north to provide access and connectivity to the existing residential subdivision (Quenzer Commons No. 6). Heritage Avenue and N. Chardin Avenue, both public roadways, will stub to the southwest for future connectivity to Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 6 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~ATE OF MARCH 18, 2008 adjacent properties. The applicant should also provide a public turnaround easement where N. Chardin Avenue and E. Vernet Lane intersect. 7. AGENCY COMMENTS MEETING On December 28, 2007, staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Parks Department and Public Works Department. Staff has included all comments and recommended actions as Conditions of Approval in 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 project includes 122 units on 21.8 acres for a gross density of 5.59 dwelling units/acre. The proposed density lies within the anticipated density of the Comprehensive Plan for this area. Staff fords the following Comprehensive Plan policies to be applicable to this properly and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change. • The subject lands currently lie within the City s urban service planning area and is serviced by Meridian City Fire Department. This service will not change. • The subject lands currently lie within the jurisdiction the Meridian Police Department (MPD). This service will not change. • The subject site can be serviced by the City of Meridian's sanitary sewer and water system. 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 Sanitary Services Company. • Chapter VII, Goal IV, Objective C, Action 1: Protect existing residential properties from incompatible land use development on adjacent parcels. Both the Comprehensive Plan and the Zoning Map envision the adjacent properties in this area of Meridian to develop with residential land uses. Staff believes the proposed development to be harmonious with the existing and future residential developments in the area. Chapter VII, Goal IV, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is required to install and maintain a 25 foot landscape buffer adjacent to both N. Locust Grove Road and E. Ustick Road. Within the required buffer the applicant is proposing a Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 7 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEARI~ATE OF MARCH 18, 2008 berm. • Chapter VI, Goal II, Objective A, Action 3: Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications generally comply with the applicable policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 6: Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The adjacent residential projects to the southwest and north have provided opportunities for the subject site to provide vehicular connectivity. The applicant is proposing to extend the existing public streets to make connections for vehicular and pedestrian connectivity. Further, the applicant is proposing to construct anorth-south public street, Chardin Avenue, along the west property line so that that vacant parcel can eff ciently develop and connect to the subject site in the future. Staff is generally supportive of the vehicular connectivity proposed. • Chapter VI, Goal II, Objective A, Action 5: Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The adjacent Quenzer Commons project to the north has provided an opportunity for a pedestrian connection to this property. The applicant is providing pedestrian connectivity internally as well as to the Quenzer Commons Subdivision No. 6 to the north. The applicant is also provided future pedestrian connectivity to the parcel west and south of the site. • Chapter VII, Goal IV, Objective C, Action 6: Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See analysis above. • 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. Prior to construction of any buildings, temporary fencing should be constructed around the perimeter of this site. Staff recommends that the Commission and Council 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. UNIFIED DEVELOPMENT CODE a. Schedule of Use Control: Unified Development Code (IJDC) 11-2A-2 lists multi-family developments as a conditional use in the R-15 zoning district. Specific Use Standards (UDC 11-4-3-27) apply to multi-family developments; please see Section 10, Analysis below for more information. Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 8 CITY OF MERIDIAN PLANNII~PARTMENT STAFF REPORT FOR THE HEARI~ATE OF MARCH 18, 2008 b. Purpose Statement of the Residential Districts: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. Multifamily Development (UDC 11-4-3.27): The following standards shall apply for the multifamily units, including standards for Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Site design (UDC 11-4-3.27B): The building shall provide a minimum setback often feet unless a greater setback is otherwise required by this title. Building setbacks shall take into account windows, entrances, porches and patios and how they impact adjacent properties. All site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from the public street. A minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, andlor enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. For the purposes of this Section, vehicular circulation areas, parking areas and private useable open space shall not be considered common open space. The parking shall meet the requirements set forth in Chapter 3 of this Title. Developments with 20 units or more shall provide the following: a property management office, a maintenance storage area, a central mailbox location, a directory and map of the development at an entrance or convenient location for those entering the development. Common open space design requirements (UDC 11-4-3.27C): A minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. Site development amenities (UDC 11-43.27D): All multifamily developments shall provide for quality of life, open space and recreation amenities to met the particular needs of the residents as follows: a) Quality of Life (clubhouse, fitness facility, enclosed bike storage, and public are such as a statue); b) Open Space (open grassy area of at least 50 by 100 feet in size, community garden, ponds or water features, and plazas); and c) Recreation (pool, walking trails, children's play structures, and sports courts). The number of amenities shall depend on the size of the multifamily development as follows: For multifamily developments with 75 units or more, 4 amenities shall be provided, with at least 1 from each category. For multifamily developments with more than 100 units, the decision-making body shall require additional amenities commensurate to the size of the proposed development. Architectural Character (LTDC 11-43.27E): Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 9 CITY OF MERIDIAN PLANNII~PARTMENT STAFF REPORT FOR THE HEARI~ATE OF MARCH 18, 2008 All building elevations shall have a minimum portion of the elevation devoted to architectural features designed to provide articulation and variety. These features shall include, but are not limited to windows, bays and offsetting walls that extend at least two feet; recessed entrances; and changes in material types. Changes in material types shall have a minimum dimension of two feet and minimum area of 25 square feet. Main entrances, which are the primary point(s) of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification. Entrances shall be adequately covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a significant pitch. Flat roofs should include distinctive cornice treatments. Exterior building materials and finishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and the are encouraged. Windows are required to allow views to exterior activity areas or vistas. Windows shall be provided on any building facing any common area used for children's recreation. All roof and wall-mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Landscaping (UDC 11-4-3.27: Development shall meet the minimum landscaping requirements in accord with Chapter 3 of this Title. All street-facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: The landscaped area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty- four inches shall be planted; and groundcover plants shall be planted in the remainder of the landscaped area. Maintenance and Ownership (UDC 11-4-3.27G): All multifamily developments shall 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, and other development features. Outdoor storage/refuse areas (UDC 11-3A-12): Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 10 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 AZ Application: The applicant is proposing an R-15 zoning designation, which is generally consistent with the Medium Density Residential Map designation for this site. Approval of the subject annexation and zoning request would allow the Applicant to obtain aMedium-High Zoning Designation for the subject property. According to UDC 11-2A-2 amulti-family development is a conditional use in an R- 15 zoning district. For concurrent review, the applicant has submitted a preliminary plat, a conceptual development plan and building elevations showing how this site may develop as an active adult community totaling 122 condominium units. Based on the policies and goals contained in the Comprehensive Plan and the proposed Future Land Use Map designation of Medium Density Residential for this property, Staff believes that the requested R-15 zoning district is appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and fmdings for an annexation. The annexation and zoning legal description prepared by Ronald M. Hodge, PLS, dated September 4, 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. The applicant has provided staff with a CUP for amulti-family development on this site. Because the UDC has an extensive list of multi- family standards (listed in section 9 above) of which Staff will hold the applicant strict conformance to; Staff believes that a DA is not necessary in this instance. If the Commission or Council believe 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 be made. PP Application: 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 multi-family development. Please see below and Exhibit D for detailed analysis and facts and fmdings for a preliminary plat. Dimensional Requirements of the R-15 zone per UDC Table 11-2A-7: The applicant is proposing three residential lots and one common lot within an R-15 zoning district. The UDC requires a minimum lot size of 2,400 square feet. The proposed lots comply with the R-15 zoning district dimensional standards. Landscaping: Locust Grove Road and Ustick Road are designated as arterial roadways. A 25-foot wide landscape buffer is required adjacent to arterials (LTDC Table 11-2B-3). The submitted landscape shows a 25-foot bermed landscape buffer along both roadways and complies with the UDC. The UDC requires a 10-foot wide landscape buffer along locaUcommercial streets; however, this standard does not apply to residential developments. On the submitted landscape the applicant has indicated the main public streets (N. Heritage View Avenue and E. Monet Street) within the development will be lined with trees and sod. Staff is supportive of this proposal as it adds to the attractiveness of the project. The applicant is also proposing to construct an internal pathway system for recreational use. The submitted landscape plans do not show the trees and groundcover required by UDC 11-3B-12. Pathways should also be constructed in accordance with UDC 11-3A-8. Staff believes the applicant should provide a revised copy of the landscape plan demonstrating compliance with the UDC 11-3B-12 and the other landscape requirements mentioned herein. Ten copies should be made available to Staff prior to the City Council hearing. Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 11 CITY OF MERIDIAN PLANNII~PARTMENT STAFF REPORT FOR THE HEARI~ATE OF MARCH 18, 2008 UDC 11-3B-8C requires a minimum of 5 foot perimeter landscape buffer along lot lines that are adjacent to the .shared driveways. Said buffers shall be improved with trees and groundcover. The submitted landscape plan shows a shared driveway south of N. Chardin Avenue that does not provide the required 5 feet of landscaping. The applicant should provide a 5-foot landscape buffer with trees and groundcover along said driveway. There are some existing trees on this site. The applicant states some are to remain and be protected during construction and others are to be removed. Any existing on-site tree over 4" in caliper that is removed from the properly shall 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 are removed. The Applicant should coordinate a mitigation and protection plan with Elroy Huff at the Meridian Parks Department. A written certificate of completion should be prepared 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. Common Areas/Open Space: UDC 11-3G-1 requires the applicant to provide a certain amount of common open space and site amenities in residential districts. This section of the code is applicable to parcels 5 acres or larger in size. The subject property totals approximately 22 acres which requires the site provide a minimum of 10% open space. In addition to the open space requirement certain amenities shall be provided on the site. Qualifying amenities include 5,000 square feet of grassy area, water features, plaza, clubhouse, picnic area, pool, walking paths and fitness facilities just to name a few. The proposed project is providing approximately 13% common open space on the site with the following qualifying amenities: club house, pool, walking path, plaza, community garden, water feature, fitness facility, picnic area, putting green and tennis courts. Staff believes the applicant has done an excellent job providing open space and amenities on this site. Also in accordance with the UDC, maintenance of all common areas shall be the responsibility of the Chalet Marseilles Homeowners Association. Drainage: Seepage beds for stormwater drainage are shown on Lot 1, Block 2. 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. NOTE: Applicant shall be aware that infiltration ponds for ACRD public streets require exposed filter sand. This sand area does not count toward the City of Meridian's open space requirements. Other provisions to meet vegetated open space requirements must be made when ACHD pond designs incorporate exposed filter sand. Proposed Streets and/or Access: Primary access to the site will be via N. Locust Grove to/from E. Monet Street. It is important to note the proposed alignment of said roadway is not adjacent to the roadway (E. Summerheights Drive) east of the site. Staff has received written comments from ACHD supporting the alignment of the proposed streets. Furthermore, there is an existing LDS church site directly to the north. This site has a full access driveway approximately 30 feet north of the proposed public street. If the church were to request annexation into the city, Staff would probably condition that the church's full access driveway be vacated. Therefore, Staff is supportive of the applicant's proposal to construct E. Monet Street along the north property line. This way the church can take access from Monet Street and not Locust Grove Road in the future. In addition, N. Heritage View Avenue will be extended from the north to provide access and connectivity to the residential subdivision (Quenzer Commons No. 6). N. Heritage Avenue and N. Chardin Avenue, both public roadways, will stub to the southwest for future connectivity to adjacent properties. There is an existing 8-foot wide strip between Wanda's Meadows and the subject site. The applicant has stubbed N. Heritage View Avenue to the south, in alignment with Yellow Peak Avenue, so the properties will be interconnected when the Whitson (spite strip) property develops in the future. The same Whitson property lies west of the subject site, east of Wanda's Meadow. The applicant is Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 12 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~ATE OF MARCH 18, 2008 proposing to construct anorth-south public street along the east side of the Whitson property so it can effectively develop in the future. Staff is supportive of the public street design for Chardin Avenue. The applicant should provide a public turnaround easement where N. Chardin Avenue and E. Vernet Lane intersect. If these changes are made, Staff is supportive of the proposed access for this development. Along with public streets within the development, the applicant is proposing eight private streets that will provide access and circulation within the proposed development. The private street requirements will be further explained in the Private Street section below. Ditches, Laterals, and Canals: There are several irrigation ditches that run through/along this property. The submitted site plan indicates the ditches are be tiled. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: 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. 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. 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. Existing Structures: The site currently contains an existing single family home with associated outbuildings. The submitted plans indicate all existing buildings are to be removed to make way for the proposed multi-family development. Prior to the City Engineer's signature of the final plat, all existing buildings on this site shall be removed. Fencing: The submitted landscaping plan shows a decorative concrete wall proposed for the development; however, perimeter fencing is not shown on the preliminary plat. The applicant should state at the public hearing if perimeter fencing is proposed for the site. At a minimum, temporary construction fencing should be installed prior to issuance of building permits for the subdivision. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. All fencing shall be installed in accordance with UDC 11-3A-7. CUP Application: The applicant has submitted for CUP approval of 122 units and club house in a proposed R-15 zone. As mentioned above, Staff feels a Development Agreement is not warranted for this site because staff is including all conditions of the multi-family development within the CUP conditions. The site is to consist of no more than 122 multi-family units with a club house. Furthermore, the applicant should submit for a condo plat for the subject project in the future, as proposed. Multi-family Standards: The UDC has several specific standards that apply to multi-family developments (See Section 9 above for a complete list.) These standards apply to Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Below are some of the multi-family and general design standards that the applicant should be required to comply with. Site Design: UDC 1-4-3.27B requires developments with 20 units or more provide the following: a property management office, a maintenance storage area, a central mailbox location, a directory and map of the development at an entrance or convenient location for those entering the development. The referenced requirements above are for multi-family developments. The applicant intends to condo the 122 units; if the subject applications are approved (which the city would then classify the units as single-family). Therefore, Staff believes the requirements for the property management office and a maintenance storage area is not warranted. In addition, the applicant states the Home Owner's are to maintain the proposed develop thru CCR's that will govern the development. However, Staff feels with the amount of units proposed, the site should include centralized mail boz locations throughout the development and provide a directory and site map located at the entrance of the development. Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 13 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~ATE OF MARCH 18, 2008 The applicant should include these revisions on the site plan prior to commission review as well Multi-family Setbacks: The applicant is proposing amulti-family development within an R-15 zoning district. Typically the UDC requires a minimum 10-foot setback to the perimeter unless a greater setback is required by the UDC. In this case, the rear setback for the R-15 zoning district is greater than the 10-foot requirement (12 feet). The minimum interior setbacks between buildings should be 10 feet. The submitted site plan shows the structures comply with the 12-foot perimeter setback. However, some of the internal buildings are between 9 and 10. Staff believes the applicant should comply with the 10- foot requirement between the buildings. Site Plan: T'he applicant is proposing several different structures on this site. The site is expected to develop with 40 buildings, including the club house. The mix of buildings includes 2 single detached buildings, 14 bi-unit buildings and 23 quad unit buildings, totaling 122 units. The two building footprints for the subject site include a large floor plan totaling 66 units and the other is a small floor plan which totals 56 units. The site is expected to develop with the 8 smaller bi-unit buildings and 10 smaller quad-unit buildings located primarily internal to the development. The larger-unit buildings are located along the perimeter of the development and consist of 2 single unit buildings, 6 bi-unit buildings, and 13 quad-unit buildings. All of the units have attached two car garages with a parking pad in front of each unit. Staff is not supportive of the shared drive aisles and parking pads for the units located along the perimeter of the project and the one quad unit building located on Lot 1, Block 2. Staff believes that the parking pads in front of the garages should be 20' x 20'and provide a 25-foot drive aisle (65' length total) to accommodate vehicular maneuverability or shorten the parking pad to 5' in length or less to discourage parking in front of the garages (35' length total). If the pads are constructed as proposed (50' length between garages) in front of some of the garages then cars will be tempted to parkin front of the garages, thus blocking the drive aisles. NOTE: All of the internal units comply with this parking and drive aisle back-up requirement. Staff has determined the amount of units unable to conform to the above mentioned requirement at 60 units. Staff believes the applicant could revise the site plan to have some of the buildings comply with the above mentioned requirement. Staff realizes that all of the units may not be able to comply and suggests the applicant reconfigure the site plan to have at least 75% (92 units) comply with the single family parking requirements. The other additional parking for the 30 units without parking pads (5-foot) would be on the private streets as proposed. Staff would suggest the applicant request continuance to allow time to review the revised site plan. Staff believes this a significant change to the site plan and advises the applicant submit 10 revised copies of the site plan prior to the Commission hearing. Parking: UDC 11-3C-6A requires multi-family dwellings 2 or more bedrooms to have atwo-car covered carport or garage for each unit. The submitted site layout proposes two car garages for each of the multi-family units. If the multi-family developments are platted for condominiums in the future, the applicant would not comply with the single family parking standards of the UDC. The applicant would have to comply with this requirement to gain approval for a condo plat. If the applicant revises the site plan as Staff has suggested above, staff is supportive of the parking within the proposed development. The proposed parking spaces for the multi-family development should conform to the dimensional requirements of the UDC. The submitted site plan shows the visitor parking stalls meet the standard parking stalls of the UDC. Elevations: The applicant has submitted building elevations for all of proposed buildings including the club house. There are four types of elevations proposed, two for each of the larger footprint buildings and two for the small footprint buildings. Both of the product types are shown to be constructed of Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 14 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~ATE OF MARCH 18, 2008 stucco with substantial stone accents, architectural roofing shingles, covered entrances and tall entry doors. Some of the other accenting features include copper metal roofmg on the eaves of the proposed smaller units and the chimneys of both the larger and smaller units; arched windows board and batten and shake shingle siding accenting the front facades of the larger units. The club house is proposed to be constructed of board and batten and shake siding with accented stone front facade highlighted by an entryway rotunda. Majority of the windows are arched and accented with shutters. Staff likes the appearance of the proposed buildings and any future buildings shall substantially comply with the construction materials and design elements shown in these elevations. Furthermore, Staff believes no more than two buildings in a row (side by side) should have the same elevation typology. UDC 11-4.3 requires multi-family structures to comply with specific design standards. Exterior building materials and finishes should convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and rile are encouraged. Staff believes that the elevations submitted with the CUP significantly meet the requirements of the design standards listed in UDC 11- 3A-19. Density: As noted on the Comprehensive Plan Future Land Use Map, this area is designated Medium Density Residential. This designation anticipates densities between 3 to 8 dwelling units to the acre in this area. The applicant is proposing a density of 5.59 dwelling units to the acre. The applicant complies with the density allowed in an R-15 zone and the Comprehensive Plan. Staff is supportive of the proposed density. Landscaping: Per UDC 11-4-3.27.F, all street-facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: The landscaped area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches shall be planted; and groundcover plants shall be planted in the remainder of the landscaped area. The submitted landscape plans do not reflect the foundation planting requirements referenced above. Staff believes the applicant should provide a revised copy of the landscape plan demonstrating compliance with the multi-family development requirements. Ten copies should be made available to Staff 10 days prior to the City Council hearing. Pedestrian Pathways: The adjacent project to the north (Quenzer Commons Subdivision No. 6) has provided an opportunity for a pedestrian connection with this property via 5-foot attached sidewalks along N. Heritage View Avenue. As mentioned earlier there is an existing 8-foot wide spite strip/flag associated with the Whitson parcel to the southwest. Yellow Peak Avenue is stubbed to this spite strip from Wanda's Meadow. Because of that strip the applicant is not able to connect the roadway or sidewalk to the southern development. However, the applicant has stubbed a street and sidewalk to the Whitson property for future connectivity. Furthermore, Staff is recommending the applicant re- locate the proposed sidewalk along the northern side of E. Monet Lane to the south side of said street to provide better pedestrian connectivity between the developments, when the Whitson property is developed. Private Useable Open Space: UDC 11-4-3.27B requires a minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. The applicant has shown, on the floor plans, that each dwelling unit will provide at least 80 square feet of covered patio on both the larger footprints and the smaller footprints. This patio is being provided on the side of each unit. Staff is supportive of the location of covered patios. Amenities: The applicant is required to provide amenities for the multi-family development. For multi-family developments with more than 100 units, the decision making body shall require amenities commensurate to the size of the development (UDC 11-4-3.27D-2d). As a reference, the UDC requires Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 15 CITY OF MERIDIAN PLANNIP~EPARTMENT STAFF REPORT FOR THE HEAR~ATE OF MARCH 18, 2008 multi-family developments containing 75 units or more to provide 4 amenities, with at least one from each category (Quality of Life, Open Space, and Recreation). The applicant is providing amenities as follows: 5,240 square-foot community club house with a fitness facility, stadium seating theater, a gathering area with acommercial-grade kitchen (Quality of Life) and swimming pool (Recreation). The entrance to the club house will be accented with a courtyard and water feature (Open Space). Other amenities include a walking trail around the perimeter of the property (Recreation), covered pavilion with barbeques (Quality of Life), tennis courts (Recreation), putting green (Recreation), a community rose garden, a plaza area and open grassy areas with sitting areas (Open Space). Staff believes the applicant has done a great job providing amenities within the proposed development. Furthermore, Staff recommends that the Commission determine if the proposed amenities are appropriate for a development of this size. Open Space: UDC 11-4-3.27C requires a minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living area; and c) 350 square feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. The units for the proposed multi-family developments range in size from 1,200 square foot units to 1,900 square foot units. The UDC requires 350 square feet for each unit containing more than 1,200 square feet of living area. The multi-family developments are proposing a total of 122 units. The minimum amount of open space required per code for all of the proposed multi-family development is 42,700 sq. ft (122 X 350 sq. ft). The applicant states that 6.69% (63,513 sq. ft.) of the site is being set aside for common usable open space. Maintenance of all common areas should be the responsibility of the Home Owners' Association(s). Staff believes that the open space proposed complies with the UDC. Refuse Areas: The Sanitary Services Company (SSC) has not commented on the proposed dumpster locations or design. The applicant should contact SSC for further comment on enclosure design and location prior to submitting for a CZC. PS (Private Street) Application: In conjunction with the public streets, the applicant is proposing to construct eight private streets to provide access and circulation within this development. The UDC requires private streets to be constructed within an easement and have a travel lane width of 24' or 26' with no allowed parking as determined by the Fire Marshal. The proposed private streets are all internal to the development and are to be constructed as a 36-foot street section that includes a 5-foot wide sidewalk on one side, a 2 foot rolled curb, 2 10-foot wide travel lanes, an 8 foot parking area, and a 1 foot ribbon curb. The applicant has submitted a Private Street application as required by UDC 11-3F-3 and received Fire Department approval for the proposed street section. Staff is supportive of the applicants request and has provided further analysis in the Alternative Compliance section below. ALT (Alternative Compliance) Application: The specific request for alternative compliance is associated with the width of the travel lanes and the parking on private streets. The UDC requires the travel lanes of Private Streets to be a minimum of 24 feet with no on street parking. The applicant is proposing 20-foot travel lanes with an 8-foot parking lane. The applicant states that this private street is identical to ACHD's reduced 29-foot street section. The applicant has also contacted the Meridian Fire Department and received Fire Department approval for the proposed street section. Staff believes the proposed design would not create a safety hazard and allows some visitor parking within the development. In Lieu of the Private Street Standards, staff supports and approves ALT-07-020 associated with the findings in Exhibit D. Staff is recommending that the applicant submitted a revised site plan for the proposed Chalet Marseilles development (A2-07-020, PP-07-027, CUP-07-023, PS-07-008, & ALT-07-020). If the Commission finds Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 16 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 that the revised plans are acceptable and wishes to forward on a recommendation of approval to the Council, staff has included conditions listed in Exhibit B of the Staff Report. The Meridian Planning & Zoning Commission heard these items on January 17 2008 and February 7, 2008 At the uublic hearinss the Commission moved to recommend approval of the subiect 7,_ pp and CUP request The Meri is ltV Council heard these items nn Marsh 1 R 2nnQ At +l.a rnhlin hn.~..:.... +1... l~........a .. ~ubiect 7.= PP. TP. P, and i.T r .aue 11. E~~ITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: 03-OS-08) 3. Landscape Plan (dated: 03-OS-08) 4. Site Plan (dated: 03-OS-08) 5. Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Descriptions & Exhibit Maps D. Required Findings from the Unified Development Code 1. Annexation and Zoning Findings 2. Preliminary Plat Findings 3. CUP Findings 4. Private Street Findings 5. Alternative Compliance Findings Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 17 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 1. Vicinity Map Exhibit A CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 2. Preliminary Plat Revised ., ,+eao~eotes wgw'e~e i•^~""vaa _ ~E n n s y etwenVPOwx4~se'60sz sic ~ ,••~.e,<o.o ~,m~ .~. OHtiU~ ~AI.N~O~ V~11 ~Mdlfl~b3W ~ ~~® ~i ~sa33np~ s-rrr ~ ~ NO)SIN~iS S3Ti13S`IiVW 131tlN9 ~ 9~ ~ r ~~~ ada~~~~~„~ ~~ ~~~~t~~~~~~~ 3i~3~~~~~~~~~~~~~~~~~~~~~~~~~ --~ a l s ~ ~ 3 - a R ~~ t iIE o o B a 0 v ~ II !! I J I I f I( I ~U~ g g E ~ ~~~ Q , m a ~ g ~~~ 5 tl6 B a ~ s ® ~ ~~~ ~ L ~ ~~ 9 ~~~~~~ P t ~ ~ p _n.,.am~ y ~ ~$ ®~ a ~~ a~ ~g Pk __ _ z o ., _ - .. --- -- - _ ,; 5 - ~° o to ~ i --- ~,' ~ ~ i ~~~~ ~, o r) ~ ~ ^s U . z ~` 1--1 ~ m p W ~ 4. ~. ~ U Q (Y p ° ~ s " W i I ,~~ ~ ~ d _~ x ~@. _. ~ 49 _ ac-sw ~_ ~.m ~. ~_- 1 i_ _ ~~ - ~ ~i ~ ~ d .y~~ ,~® J J ~~ ~i~ d~a ~~! ~ ~ ~ ~I ~~ i ~~ ~ ~~ ~~ ~ ~~ ~~~ ~~a ~ ~ ~ ~ e a" • - n N d Y n m d ~ '~' '~ U 6 - ,_ ~ - ~ ! _ ~",~,r -- -- -- u_ ~ N J Ewa W~~~~~ Z 60"V qZ (9 c~ga w ~O~ m~m~~ .. I ~; ~ ~~ °' ' I ~ l ~ ~~ `§ ' ~ I Exhibit A CITY OF MERIDIAN PLANNII~~EPARTMENT STAFF REPORT FOR THE HEAR~ATE OF MARCH 18, 2008 3. Landscape Plan Revised /' ~ ~~.~~~ ~ uEld eds~spu~ pB~enp ~ _ p ~o ®~ Zb9E8 aU~PI '~IPI~W ~J ~ ~ ~~~~! ~g ~ ~ ~I~lMP4~S ~III~~W 3e1g4~ ®~~~ ~ ~ ~ ~ ~~~ ~ ~ g ~~ ® ~ ~~ W ~ ~~ ~~~ ~ ~ ~ ~~~~ ~ ~ ~ ~~ ~~ ~ ~~~ss~~~~~~~~~~~ ~~ e ~ °z~z " 9 GGGB ~" ~ ~ ~®a~ ~ s~ ~ ~ o ~, Q ~ 6• Y 4 ~~~ i b lit ~II ° ~. Exhibit A CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 4. Site Plan evised ~ ~ ~ ~ _ ~ ~ ~ ~ ~ ~ ~ v a a.'o ~ C r r ~ •~ N a + N p. N !+! C d O ~ O ~ '~ E N 0 ~_ /_ M~ W w J J W J i U C f0 d V ~ O N I~ ~ N ~p ~~ ~ N J d a vii vii a ~ 'o g ' m g y u v '~ ~ _`o u 0o b c N V1 f' IL F" H =- _.. ~.- ___ _, ~~ i; ry. !~. ~j i 4 j~ %J I~ ~i 1 Exhibit A it ~ )_~,- __ __ - - __ t r ~~~ ~ '~ CITY OF MERIDIAN PLANN~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 5. Elevations (Large Footprint) P f ~ ~ 'l ~ ` 1 '?' i. FRONT ELEVATION wGHT ELevAnoN FRONT ELEVATION RIGHT ELEVATION Exhibit A CITY OF MERIDIAN PLANND~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 5. Elevations (Small Footprint) FRONT ELEVATION RIGHT ELEVATION FRONT ELEVATION RIGHT ELEVATION Exhibit A CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 ~~ .~® ~ ~, ~~ FRONT ELEVATION -SINGLE UNIT Exhibit A - .,-~.., ._v-._.. CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~ATE OF MARCH 18, 2008 FRONT ELEVATION RIGHT ELEVATION REAR ELEVATION LEFT ELEVATION Exhibit A 5. Elevations (Club House) CITY OF MERIDIAN PLANNIP~EPARTMENT STAFF REPORT FOR THE HEAR~ATE OF MARCH 18, 2008 B. Conditions of Approval 1. PLANNING 1.1 ANNEXATION/ZONING 1.1.1 The annexation and zoning legal descriptions submitted with the application (stamped on September 4, 2007 by Ronald M. Hodge, PLS) is accurate and meet the requirements of the City of Meridian. 1.1 2 A Development Agreement will be required as Hart of the annexation and zoning of this pro Prior to the annexation and zoning ordinance approval a DA shall be entered into between t_he (`itv of Meridian. the property owner(sl (at the time of annexation rezone ordinance ar~nntinnl and rhP eveloper. The ann icant ha 1 con act the itv Attorney Rill Narv_ at RR _44 wit in 6 ffionths of Council approval to 'nitiate thi. urocess The DA shall include at a minimum the followine: • Construct a maximum of 120 units on this site and comply with the site plan dated 03-OS-08 and elevations submitted with the CUP. 1.2 PRELIMINARY PLAT 1.2 Site Specific Conditions 1.2.1 The 4-lot preliminary plat prepared by J-U-B Engineers, dated 03/05/2008 (attached in Exhibit A), is approved, with the conditions listed herein. 1.2.2 Except for the full-access public streets into the development (one to N. Locust Grove Road), direct lot access to Ustick Road and Locust Grove Road is prohibited. N. Heritage View Avenue shall be stubbed to the south as proposed and N. Chardin Avenue shall be constructed as a 40-foot street section and stubbed to the west when the Whitson properly is developed. E. Monet Street shall be constructed along the north boundary (south boundary of the church) to provide access for future connectivity to the LDS Church site. 1.2.3 Prior to the City Engineer's signature on the final plat, all existing structures shall be removed. 1.2.4 The landscape plan prepared by Breckon Land Design, dated 03/05/2008, labeled Sheets L 1.1-1.3 (attached in Exhibit A), is approved with the following notes/changes: • Provide a minimum 25-foot wide bermed landscape buffer along Locust Grove Road and Ustick Road, with meandering detached 5-foot sidewalk, as proposed. All landscape materials shall be installed in accordance with UDC 11-3B-9, Landscape Street Buffers. • Provide a minimum 5-foot landscape strip with trees and sod along both sides of E. Monet Street and N. Heritage View Avenue, as proposed. • Per UDC 11-3B-10, the Applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Provide a copy of the plan to the Planning Department with the final plat submittal. • The applicant shall construct and install the pathway in accordance with UDC 11-3A-8 and UDC 11-3B-12. .,~~L.e .. ®~#~za~a~y-vv~9 ~l-~f~'~i~Ziv~se m-csf+f~£~~V~~ rrnn-Tr-~$- • A written certificate of completion should be prepared by the 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 B CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 Submit revised landscape plans to the Planning Department with the submittal of the fmal plat application. 1.2.5 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, asingle-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 prior to signature on the fmal plat by the Meridian City Engineer. 1.2.6 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, that intersect, cross or lie within the area being subdivided shall be tiled. 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 construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.2.7 All development improvements including water, sewer, fencing, landscaping, amenities and pressurized irrigation shall be installed and approved prior to City's Engineers signature on the fmal plat. 1.2.8 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 fmal plat. 1.2.9 Applicant shall be required to pay Public Works development plan review and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02- 374. 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. 1.2.11 Applicant shall be aware that infiltration ponds for ACRD public streets require exposed filter sand. This sand area does not count toward the City of Meridian's open space requirements. Other provisions to meet vegetated open space requirements must be made when ACRD pond designs incorporate exposed filter sand. 1.2.12 The applicant shall work with staff and the LDS Church for an appropriate location for future access along E. Monet Street to determine future connectivity if/when the LDS Church request annexation into the Ci 1.2.13 Construct the decorative block wall as proposed If the LDS Church does not allow the applicant to construct the decorative block wall along the northern boundary of E Monet Street then said wall shall not be re uired. 1.3 GENERAI, CONDITIONS 1.3.1 Sidewalks/walkways shall be installed within the subdivision and along the adjacent streets pursuant to UDC 11-3A-17. 1.3.2 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. 1.3.4 The Applicant shall submit a fencing plan with the final plat application for the subdivision. 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. All fences shall taper down to 3 feet Exhibit B -Page 3 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~ATE OF MARCH 18, 2008 maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation or preliminary plat does not relieve the Applicant of responsibility for compliance. 1.3.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.3.7 The applicant shall comply with the dimensional standards of the R-15 zoning district; provide a minimum 12' perimeter setback. 1.4 CONDITIONAL USE PERMIT 1.4.1 The site plan, prepared by J-U-B Engineers, Inc., dated 03/05/2008, is ~ae~ approved. - -- , aerasac-('~(1~ v ~n~ r a a ~e~ •a a :mot r ~eoi vco= ~~ All COn1YTlentS and conditions of the accompanying Annexation (AZ-07-020) and Preliminary Plat (PP-07-027) applications shall also be considered conditions of the Conditional Use Permit (CUP-07-023). 1.4.2 The applicant shall construct a maximum of ~ 120 units. All buildings shall be condoed, as proposed. 1.4.3 No more than two buildings in a row (side by side) shall have the same elevation. 1.4.4 The landscape plan prepared by Breckon Land Design., dated 03/05/2008, is approved with the following modifications/notes: • Per UDC 11-4-3-27, all street facing elevations shall have landscaping along the foundation for the multi-family units as follows: - The landscaped area shall be at least 3-feet wide; - For every 3 linear feet of foundation, an evergreen shrub having a minimum mature height of 24 inches shall be planted; and - Ground cover plants shall be planted in the remainder of the landscaped area. 1.4.5 Provide private streets and private street signs within the multi-family development. Said private streets shall be constructed as approved with PS-07-008 and ALT-07-020 (see 1.5 below) in lieu of. Provide a public turnaround and turnaround easement where the N. Chardin Avenue and E. Vernet Lane intersect. 1.4.6 1.4.7 Provide at least 80 square feet of private, useable open space, such as a patio or balcony/deck, for each multi-family dwelling unit, as proposed on the floor plans. 1.4.8 Provide amenities as follows: a minimum 63,513 sq. ft of open space, a 5,240 square-foot community club house and fitness facility (Quality of Life), pool (Recreation), 5 foot walking trails around the perimeter of the property (Recreation), a pavilion with tables and barbeques (Quality of Life), water feature, plaza area, a community rose garden, a putting green, tennis courts, oval track and open space with sitting areas (Open Space), as proposed. 1.4.9 Building setbacks, separation between proposed structures shall comply with the Building Code and Fire Code. There shall be a minimum of 10 feet between buildings. 1.4.10 As determined by the Planning Director, the multi-family buildings and clubhouse constructed on this site shall substantially comply with the renderings submitted to the City with the CUP application, and Exhibit B CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 as modified by the conditions of approval herein. All roof and wall-mounted mechanical, electrical, communications, and service equipment shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Further, all buildings shall comply with the architectural standards of UDC 11-4-3.27E. 1.4.11 No building or structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) permit from the Meridian Planning and Zoning Department. NOTE: Multiple multi-family buildings maybe contained in a single CZC permit. 1.4.12 Prior to CZC issuance, provide assurances that construction debris will not blow off of the property by either having a debris maintenance plan or providing temporary construction fencing. 1.4.13 Comply with all of the standards listed in UDC 11-4-3.27 regarding multi-family developments, including Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. 1.4.14 Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. 1.4.15 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.4.16 If the buildings are to be platted as condominiums in the future, the applicant shall construct a 20' X 20' parking pad in front of ° the units as proposed on the revised site plan. pegs 1.4.17 Provide centralized mail box locations throughout the development. 1.4.18 Comply with all of ACHD's requirements and conditions for this project. 1.5 PRIVATE STREET/ALTERNATIVE COMPLIANCE 1.5.1 Construct N. Picasso Lane, E. Vernet Lane, N. Rousseau Lane, E. Monet Lane, N. Macisse Lane, E. Renoir Lane, E. Voltaire Lane and E. Leroux Lane as 36-foot street sections that includes a 5-foot wide sidewalk on one side, a 2 foot rolled curb, 2 10-foot wide travel lanes, an 8 foot parking area, and a 1 foot ribbon curb. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N Heritage Ave and N Locust Grove Road. The applicant shall install mains to and 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 are 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 conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in N Locust Grove Road, N Heritage Ave and N Yellow Peak Ave. The applicant shall be responsible to install a PRV at the N Heritage Ave water connection at the developer's expense, coordinate size with Kyle Radek in the engineering department at 898-5500. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Exhibit B CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR DATE OF MARCH 18, 2008 2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common 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 sepazate document using the City of Meridian's standard forms. 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. 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 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 fmal 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 azea 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 or non-approval submitted to 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)334-2190. 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 aze 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 sewer, water, etc., prior to signature on the fmal plat. 2.12 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. 2.13 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 fmal plat per Resolution 02- 374. 2.14 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. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Exhibit B CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAi~ DATE OF MARCH 18, 2008 2.16 Developer shall coordinate mailbox locations with the Meridian 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 Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.19 The engineer shall be required 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 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 ACHD. 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 drawings 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 are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE 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 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 temporary approved turn around on streets greater than 150 feet in length with no outlet. 3.3 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.5 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than %z the diagonal measurement of the full development. The applicant shall provide a stub street to the property to the (south). 3.6 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.7 All portions of the buildings located on this project must be within 150 feet of a paved surface as measured around the perimeter of the building. Exhibit B CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR DATE OF MARCH 18, 2008 3.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.9 There shall be a fire hydrant within 100' of all fire department connections. 4. POLICE DEPARTMENT 4.1 No comments received. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 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 SERVICE COMPANY 6.1 No comments received. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 23-feet of additional right-of--way (48-feet total from centerline) along Ustick Road abutting the parcel. The right-of--way purchase and sales agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit, whichever comes first. Allow 30 business days to process the right-of- way dedication after receipt of all requested 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 Dedicate 23-feet of additional right-of--way (48-feet total from centerline) along Locust Grove Road abutting the parcel. The right-of--way purchase and sales agreement and deed must be completed and signed by the applicant prior to scheduling the fmal plat for signature by the ACPID Commission or prior to issuance of a building permit, whichever comes first. Allow 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of- way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.1.3 Construct a 5-foot detached concrete sidewalk along Ustick Road abutting the site no closer than 41-feet from the centerline and aligning with existing improvements to the west. If a portion of the sidewalk is located outside of the public right-of--way, the applicant shall provide the District with an easement for Exhibit B CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 public access. The easement shall extend from the public right-of--way to the back of sidewalk. There shall be no gap between the sidewalk easement and the public right-of--way. 7.1.4 Construct a 5-foot detached concrete sidewalk along Locust Grove Road abutting the site no closer than 41-feet from the centerline and aligning with existing improvements to the north. If a portion of the sidewalk is located outside of the public right-of--way, the applicant shall provide the District with an easement for public access. The easement shall extend from the public right-of--way to the back of sidewalk. There shall be no gap between the sidewalk easement and the public right-of--way. 7.1.5 Construct N. Chardin Avenue as proposed with a minimum of 24-feet of pavement, rolled curb and gutter on its east side. 7.1.6 Construct a public turnaround at the south terminus of Chardin Avenue. The turnaround shall be subject to the approval of the Meridian Fire Department. 7.1.7 Construct a 4-foot detached concrete sidewalk alog the east side of Chardin Avenue. If a portion of the sidewalk is located outside of the public right-of--way, the applicant shall provide the District with an easement for public access. The easement shall extend from the public right-of--way to the back of sidewalk. There shall be no gap between the sidewalk easement and the public right-of--way. 7.1.8 Construct Heritage View Avenue as proposed with 32-feet of pavement and rolled curb and gutter on both sides. Heritage View Avenue shall connect with the existing Heritage View Avenue stub to the north and align with the existing Yellow Peak Avenue stub to the south. 7.1.9 Install a sign at the south terminus of Heritage View Avenue stating that, "THIS ROAD WII.,L BE EXTENDED IN THE FUTURE." 7.1.10 construct 4-foot detached concrete sidewaks on both sides of Heritage View Avenue and connect tem with existing sidewalk improvements to the north. If a portion of the sidewalk is located outside of the public right-of--way, the applicant shall provide the District with an easement for public access. The easement shall extend from the public right-of--way to the back of sidewalk. There shall be no gap between the sidewalk easement and the public right-of--way. 7.1.11 Construct Monet Street as proposed with 32-feet of pavement and vertical curb and gutter on both sides. Monet Street's right-of--way shall abut the north property line. 7.1.12 Construct a 5-foot attached sidewalk along the north side of Monet Street. 7.1.13 Construct a 4-foot detached concrete sidewalk along the south side of Monet Street. If a portion of the sidewalk is located outside of the public right-of--way, the applicant shall provide the District with an easement for public access. The easement shall extend from the public right-of--way to the back of sidewalk. There shall be no gap between the sidewalk easement and the public right-of--way. 7.1.14 Construct all private drives as proposed, with 15-foot curb return radii where they meet public streets. 7.1.15 Direct lot access to Ustick Road is prohibited and shall be noted on the final plat. 7.1.16 Direct lot access to Locust Grove Road is prohibited and shall be noted on the final plat. 7.1.17 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval Exhibit B CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR DATE OF MARCH 18, 2008 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway 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 maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter 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. 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 ACHD 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. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 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 ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 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 awaiver/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. Exhibit B CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR DATE OF MARCH 18, 2008 C. Legal Descriptions and Exhibit Maps Project: 10-D7-057 Date: September 4, 2007 R-15 ZONE DESCRIPTION Boise Median,, Meridoian~Ada County, i~daho, and more y of Sectwr- 31, Township 4 Nary, Range 9 East, particulartp described as follows: Cammendr~ at the Southeast corner of Section 31, the POINT OF BEG1NNiNt;; theme along the ~utherly boundary of the ~utheast Ye of the Southeast'/. of mid seceton,. North 89°47'04" West, 662'.30 feet; thence along the Westerly boundary of the Southeast'/ of the Southeast % of the Southeast 3. of Sectlan 31, North ~'3R'05" East, 623.SD feet; thence North $9'4626" West, 661.77 feet to the Westerly boundary of the Southeast y of the Southeast Ym of Section 39; thence along said boundary North UD°37'OD° East, 7D6.DZ feet to the Southerly boundary of Quenzer Commons Subdivision; thence along said boundary, South 89'46'26` East, bb1.i7 feet to the Westerly borundary of the Northeast'/, of the SoutheastYa of the Southeast % of SecEion 39; thence along said boundary. South DD°34'05° Wit, 599.76 feet; therue South 89°46`45" East, 661.68 feet to the Easterly I~oundary of the Southeast 1 of the Southeast ~ of Section 39; thence along safd boundary, South 00'31'D9" YVest, 729,67 feet to the POINT OF BEGINNING. Corrtaining 21.890 acres, more or less. END OF DESCRIPTION Prepared by; J-u-B ENC,iNEERS, Inc. Ronald M. Hodge, P.L.S. ~ RP VAL ~~6~` } 6 t~k~~JP fiIERIDIAN PUBLI6 WORK3 DEpT. RMHI'Ct!(:lhc F:1JEC110-OJ-U57 RC Nler~mnt9Q~077.05i Adminlerip~kc meAdian R•95:cloc Exhibit C CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR DATE OF MARCH I8, 2008 Exhibit C CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR DATE OF MARCH 18, 2008 __:~:~ Project: 10-07-057 Date: September 4, 2007 PLAT DESCRIPTION That portion of the Southeast Ys of the Southeast Y of Sectors 31, Township 4 North, Range 1 East, Boise Meridian, Meridian, Ada County. Idaho, ami more particularly described as foilovas; Commencing at the Southeast tamer of fiction 31, the POINT OF BEGINNING; thence along the Southerly boundary of the Southeast l of the Southeast Y. of said section, North 89°47'09° West, 662.30 feet; theme along the Westerly boundary of the Southeast ~ of the Southeast'1. of the Southeast') of Section 31, North 00°34'05" East, 623.50 feet; thence North 89°46'26° West, 661.77 feet to the Westerly boundary of the Southe~t Ys of the Southeast ~/, of Section 31; thence slang said bour~ary North 00°37'00° East, 706.02 feet to the Southerly boundary of Quenser Commons Strhdivision; thence along said boundary, South 89°46`2b° East, 661.17 feet to the Westerly boundary of the Northeast Ya of the Southeast ti of the Southeast ~ of Section 31; thence along said boundary, South 00°34'05° West, 599.76 feet; thence South 89°4b'45° East, 6b1.68 feet to the Easterly boundary of the Southeast Ya of the Southeast % of Section 31; thence along said boundary, South 00°31'04" West, 729.67 feet to the POINT OF BEGINNING. Containing 21.810 acres, more or less. END OF OESCRiPTtON Prepared by: J-U-B ENGB+EEERS, Inc. Ronald M. Hodge, P.L.S. AI. BRyEYi ~~ ¢ ., abm~ ~ rba yM y p~~ DEPTS. RMH/TLK:Ihc P:5JEC110.07.057 RC Merid~nllo-67-oS7 Adminl~SCripUunslrc meridian ptatdoc Exhibit C CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR DATE OF MARCH 18, 2008 BEGINNING eo~mnapv Exwefr Exhibit C CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR DATE OF MARCH 18, 2008 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to zone the subject property to R-15. The Council fmds that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fmds that multifamily developments are conditional uses within the R-15 zoning district. The Council finds that future development of this property should comply with the established regulations and purpose statement of the R-15 district. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council fmds that a zoning amendment to R-15 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. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council fmds that a zoning amendment to R-15 for this site will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The Council fmds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, the Council finds that Annexation and Zoning of this property to R-15 would be in the best interest of the City, as mentioned in the Staff Report. Z. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Council fmds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff 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. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Exhibit D CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 The Council fmds 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 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 fmds that the subdivision will 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, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. 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. ACRD 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 of which staff is unaware. 6. The development preserves significant 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 Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. CUP Findings The Commission and Council shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located The Council fmds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. 1=leweve~sed ~;tio «l..« ; so.lo,l +o+le..t;«....11 .7o.,e1..«.«e..a ,.~m,ln4;..«~ ., a 1.e;«.. ,. «1;~,] ..,:~1. ~,.,. A «..1....:,. Y 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council fmds that the proposed use is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the e~sting or intended character of the Exhibit D CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR DATE OF MARCH 18, 2008 general vicinity and that such use will not adversely change the essential character of the same area. The Council finds that the proposed multi-family development (as amended in Exhibit B) should be compatible with other uses in the general area and will not adversely change the character of the area. Staff recommends that the Commission reference any public testimony that may be presented to determine whether or not the proposal will adversely affect the other properties in the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval in Exhibit B and constructs all improvements and operates the use in accordance with the UDC standards. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Please refer to the comments and conditions prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Company and ACRD in Exhibit B. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. The Council finds that the applicant should be required to pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. The Council fmds that the proposed uses should not create excessive additional costs for facilities or services and should not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Council fmds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The Council does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. Staff recommends that the Commission reference any public testimony that may be presented to determine whether or not the proposal may cause health, safety or environmental problems of which staff are unaware. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D CITY OF MERIDIAN PLANN~EPARTMENT STAFF REPORT FOR THE HEAR DATE OF MARCH 18, 2008 4. Private Street Findings: A. The Design of the private street meets the requirements of this Article; The applicant will have to certify that the Ada County Street Naming Committee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11- 3F-4; no gates are allowed. Roadway and storm drainage shall be contained on site. B. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and The Council does not anticipate any hazard, nuisance or other detriment from the private streets if they are constructed and maintained as designed. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The location of the private streets does not conflict with the Comprehensive Plan and/or the regional transportation plan. 5. Alternative Compliance Findings: In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR The applicant is proposing to construct the private street with an overall width of 36 feet. The applicant has worked closely with the Meridian Fire Department for their approval. Fire has given their approval of the proposed private streets with the allowed 8-foot parking lanes along one side of the roadway. The Council fords the construction of private streets meets the intent of the City's private street standards of the code. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Council fords the alternative compliance does provide a superior means for meeting the City's private street standards and provides a single family ambience to the development. A typical private street section for a residential district is 24 feet. The applicant is proposing a parking lane with 5- foot attached sidewalks along one side of the roadway. The proposed private streets are identical to the ACfID's reduced 29-foot street sections. The overall width of the street section exceeds the City's private street standards of 24 and 26 feet. Therefore, Council is supportive of the applicants request for alternative compliance from the private street standards. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Council fords that the proposed alternative will not be detrimental to the public welfare or impair the use /character of the surrounding properties. Exhibit D March 28, 2008 MERIDIAN CITY COUNCIL MEETING C CUP 07-023 April 1, 2008 APPLICANT RC Meridian Partners, LLC ITEM NO. 5-G REQUEST Findings for Approval -Request for a Conditional Use Permit of 122 multi-family dwelling units in a proposed R-15 zone on approximately 21.8 acres for Chalet Marseilles -northwest comer of East Ustick Road 8~ N. Locust Grove Rd AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See atfached Findings Contacted: ~~ ~~~( Date: -31'0 Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN ~~E IDIAN~-- FINDINGS OF FACT, CONCLUSIONS OF LAW AND 8 ~ A ~ ~ DECISION & ORDER In the Matter of Request for Annexation and Zoning of 21.81 acres from Ada County RUT to R-15 (Medium Density Residential); Preliminary Plat with 3 Residential Building Lots and 1 Common Lot in a proposed R-15 zoning district; Conditional Use Permit for 120 multi-family dwelling units in a proposed R-15 zoning district; Private Street approval within the proposed multi-family development; Alternative Compliance for an alternative design from the private street standards for Chalet Marseilles, by RC Meridian Partners, LLC. Case No(s). AZ-07-020, PP-07-027, CUP-07-023, PS-07-008 and ALT-07-020 For the City Council Hearing Date of: March 18, 2008 (Findings 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 all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-020, PP-07-027, CUP-07-023, PS-07-008 & ALT-07-020 -1- • • The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Site Plan 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 evidenced by having submitted the Preliminary Plat dated 03/05/2008 is hereby conditionally approved; 2. The Applicant's Annexation request, as evidenced by having submitted the legal description and exhibit map, stamped and dated 09/04/07, by Ronald M. Hodge, PLS, is hereby conditionally approved; 3. Development Agreement is required with approval of the subject Annexation application and shall include the provisions noted in the attached Staff Report for the hearing date of March 18, 2008, incorporated by reference; 4. The applicant's Site Plan as evidenced by having submitted the Site Plan dated March 5, 2008 is hereby conditionally approved; 5. 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. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-020, PP-07-027, CUP-07-023, PS-07-008 & ALT-07-020 -2- 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 final 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 filed by the applicant prior to the termination of the period in accord with 11-6B-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 required to go through the platting procedure again. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 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 maybe filed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-020, PP-07-027, CUP-07-023, PS-07-008 & ALT-07-020 -3- 2. 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 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 a- By ction of the City Council at its regular meeting held on the `s day of 2008. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIlZD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED VOTED U~ VOTED VOTED VOTED ~' ``~t`~~„i+rrrrrree T///U// .C~/1 `~`~~,~~„~ de Weerd Attest: ~~o ~~~ BBL Jaycee dolman, City Clerk Copy served upon Applicant, Attorney. The Planning Department, Public Works Department and City BY' Dated: ~ ~ - Q City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-020, PP-07-027, CUP-07-023, PS-07-008 & ALT-07-020 -4- CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEARI~DATE OF MARCH 18, 2008 STAFF REPORT Hearing Date: March 18, 2008 TO: Mayor and City Council E IDI~NJ`•'"' FROM: Bill Parsons, Associate City Planner 208-884-5533 ~ ®~' ~ ~ SUBJECT: Chalet Marseilles • AZ-07-020 -Request for Annexation and Zoning of 21.81 acres from Ada County RUT to R-15 (Medium Density Residential), by RC Meridian Partners, LLC. • PP-07-027 -Request for a Preliminary Plat with 3 Residential Building Lots and 1 Common Lot in a proposed R-15 zoning district, by RC Meridian Partners, LLC. • CUP-07-023 -Conditional Use Permit for ~ 120 multi-family dwelling units in a proposed R-15 zoning district, by RC Meridian Partners, LLC. • PS-07-008 -Private Street approval within the proposed Chalet Marseilles multi-family development, by RC Meridian Partners, LLC. • ALT-07-020 -Alternative Compliance for an alternative design from the private street standards, RC Meridian Partners, LLC. 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, RC Meridian Partners, LLC, has applied for Annexation and Zoning (AZ) of 21.8 acres from RUT (Ada County) to R-15 (Medium-high Density Residential). Concurrently, the applicant has submitted for Preliminary Plat (PP) approval of 3 residential lots and one common lot; Conditional Use Permit (CUP) approval to construct amulti-family development consisting of 122 condominium units and a club house; a private street (PS) application for eight private streets within the proposed development, and alternative compliance (ALT) to allow the construction of a 36-foot street section to accommodate 8-foot parking aisles along one side. The applicant is proposing to develop the site as an active adult community totaling 122 condominium units with units ranging in size from 1,200 to 1,900 square feet. There is a 5,240 square foot club house also proposed for this site. The proposed dwelling types include 2 individual detached buildings, 14 dual unit buildings and 23 quad-buildings for a total of 39 buildings on the site excluding the club house. The applicant is proposing two building footprints/floor plans for the buildings on the subject site; one is a large floor plan, of which 66 of the 122 total units are a part, and the other is a small floor plan which totals 56 units. Access to the site will be via N. Locust Grove and N. Heritage Avenue with the applicant proposing eight private streets and three public streets that will provide access and circulation within the proposed development. The subject site is located at the northwest corner of E. Ustick Road and N. Locust Grove in Section 31, T4N, R1E. The site is currently designated Medium Density Residential on the City's Comprehensive Plan Land Use Map. This site is within the City's Area of Impact and is contiguous to the current City limits. 2. SUMMARY RECOMMENDATION The subject applications (AZ, PP, CUP, PS, & ALT) were submitted to the Planning Department for concurrent review. By City Ordinance, the Planning & Zoning Commission makes a recommendation to the City Council on the AZ, PP and CUP applications and the PS and ALT applications are reviewed at the Staff level. Below, Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation, Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 1 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEARI~DATE OF MARCH 18, 2008 Preliminary Plat, Conditional Use Permit, Private Street, and Alternative Compliance applications. Staff is recommending the applicant submit a revised site plan for the proposed Chalet Marseilles Development (AZ-07-020, PP-07-027, CUP-07-023, PS-07-008, & ALT-07-020) reflecting Staffs recommendations provided in the analysis section below. If the Commission finds that the revised plan is acceptable and wishes to forward on a recommendation of approval to the Council, staff has included conditions listed in Exhibit B of the Staff Report. The Meridian Planning & ZOIIIIIg Commission heard these items on January 17, 2008 and February 7 2008 At the public hearing the Commission moved to recommend approval of the subiect AZ, PP and CUP reauest a. Summary of Commission Public Hearing: i. In favor: Darren Fluke (applicant's representative) ii. In opposition: None iii. Commenting: Tim Krupa, Jeff Larsen iv. Written testimony: John Whitson v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Caleb Hood b. Kev Issue(s) of Discussion by Commission: ~. The proposed perimeter block wall. ~. The shared driveways and the width of the parking pads and driveways in front of the units. Road improvements at the intersection of Locust Grove and Ustick Roads aY. The applicant should work with the LDS church regarding the location of the _decorative wall on the church's property and a future access point to E Monet Street y. The 8-foot spite strip that does not allow the extension and connection of N Heritage View Ave. with N. Yellow Peak Ave. at the northern property boundary of Wanda's Meadow Subdivision at this time. c. Kev Commission Change(s) to Staff Recommendation• ~. Commission did not require a site directory or site map for the site• condition 1417 reflects this change. aa. Strike through the provision requiring the 5 feet of landscaping adiacent to the shared driveway in condition 1.2.4. ~. The applicant has revised preliminary plat the site plan and the landscaping plan to reflect Staff s and Commission's recommendations• all have been inserted in the Exhibit A. ~. Strike through a portion of condition 141 discussing the drive aisle and parking pad requirements for the site. Added as proposed on the revised site plan Y. Modified condition 1.4.16 requiring the applicant to provide at least 60-feet between garage faces as proposed in the revised site plan ~. Add two new conditions: 1) work with staff and the LDS Church for future connectivity to E. Monet Street (Condition 1.2.12 and 21 work with the church regarding the location of the decorative block wall and if the church does not allow the block wall, one is not required (Condition 1.2.13) d. Outstanding Issue(s) for City Council: i. Review of the revised preliminary plat, site plan and landscape plans u. Block wall(s) on the perimeter in relation to church property The Meridian City CoLnc'1 h aryl thPCe 1tP me nn Mornh 1 ft ~nn4 ®++An .,,,~,r ~, tha rnnnnil annroved the s ubiect A7. PP. TP. P an d Ai.T r a ~e ~ Sum mary of City Co roc'1 P ~hl is Hearinv; ~, favor: Darre n Fluke (Ann icant' Renre en ativel. .aver .amnbe ~. In onnosition: None ice. ommen 'nom: nn H . chincon. rde 1 Baker (ne ~tral nartyl Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 2 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEARI~ATE OF MARCH 1 S, 2008 ~Y, ritten tes 'mon o Ann A ~ c incon and Wendell Y. taff presenten ann ication: Anna ann_ in y1, ther staff cowm en 'n on ann ication: None jL e v i uec of Di cuc. ion by ou nc'l: ~, he mite stria b etween he ann icant' prop rtv and the it on nron r1v ~. he private tree ection for he ci e ~. Pressurized irri~ aNon to the ite and mainta~g the irriuatinn rennirementc i the surro P t l un aY. ree mitigation f n .oLn y arce o the we or the ite y. he t:eotech repo rt of the ite r ar in he we ar a in he northwe corn r of th it ~. ev e s e. COUnCII Chan~pc to staff/C' nmmiccinn Rernm.nP ~. he City Counc' 1 rea sir .d a 17A far the cite Tha annlir.~nt shall ha tio~ the CLIP site plan an d elevation for t_he site. The DA provision has heap inrl.~dPrl in Exhibit B. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-07-020, PP-07-027 and CUP-07-023 (PS and ALT optional) as presented in staff report for the hearing date of March 18, 2008 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07-020, PP-07-027 and CUP-07-023 (PS and ALT optional) as presented during the hearing on March 18, 2008, for the following reasons: (you should state specific reasons for denial of the annexation and plat and you must state specific reasons for denial of the conditional use permit and what the applicant could do to gain your approval in the future.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-07- 020, PP-07-027 and CUP-07-023 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: NWC of E. Ustick Road and N. Locust Grove Road Section 31, T4N, R1E b. Owners: RC Meridian Partners, LLC 8142 S. State Street, Suite 106 Midvale, Utah 84047 c. Applicant: same as above d. Representative: Daren Fluke, J-U-B Engineers 250 S. Beachwood Ave, Suite 201 Boise, ID 83709 e. Present Zoning District: RUT (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 3 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEARI~DATE OF MARCH 18, 2008 g. Description of Applicant's Request: The applicant has applied for annexation and preliminary plat approval of 41ots on 21.8 acres in a proposed R-15 zoning district. Also for concurrent review, the applicant is requesting Conditional Use Permit (CUP) approval to construct amulti-family development consisting of 122 units and a club house. The applicant is also requesting approval to construct a private streets with one side designated for a parking lane and the other with 5-foot attached sidewalks and alternative compliance from the private street standards to allow an 8-foot parking lane on the proposed private streets. 1. Date of site plan (attached in Exhibit A): 12-14-2007 2. Date of landscape plan (attached in Exhibit A): 12-14-2007 3. Date of elevations (attached in Exhibit A): 7-10-2007 4. Date of preliminary plat (attached in Exhibit A): 12-14-07 h. Applicant's Statement/Justification: The applicant is requesting Annexation and Zoning approval from the existing RUT zoning to R-15 zoning; preliminary plat approval of three residential lots and one common lot and conditional use approval to develop a 122 condominium unit active adult community. Each unit will be individually owned and maintenance will be the responsibility of the Home Owner's Association. The applicant is also submitted a private street application and requested alternative compliance to allow private streets for the proposed multi-family development and allow a deviation from the private street design standards. The private streets exceed the minimum requirements and act as an enhancement to the project. Primary access to the development is from N. Locust Grove Road. Most of the buildings proposed for the site will be single story units with optional lofts. The proposed land use and architectural style of the condo units will enhance and compliment the existing residential developments. All buildings will meet the multi-family development setback requirements. The club house for the site will provide amenities such as an exercise facility, theater, community kitchen, and swimming pool. Additional amenities include walking paths, water feature, community rose garden, tennis courts, putting greens and pavilion equipped with tables and barbeques. The intent of this project is to incorporate a high quality project that will be an asset to the City. (See Applicant's Submittal Letter for more.) 5. 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 & Zoning Commission and the City Council on this matter. b. The subject application will in fact constitute a Preliminary 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 the City Council on this matter. c. The subject application will in fact constitute a conditional use 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 and Zoning Commission and the City Council on this matter. d. The subject application will in fact constitute a private street as determined by City Ordinance. By reason of the provisions of the Unified Development Code Title 11, Chapter 5, a public hearing is not required on this matter. e. The subject application will in fact constitute an Alternative Compliance review as determined by City Ordinance. By reasons of the provisions of the Unified Development Code, Title 11, Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 4 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 Chapter 5, a public hearing is not required on this matter. f. Newspaper notifications published on: December 31, 2007 and January 14, 2008 (Planning and Zoning Commission); February 25, 2008 and March 10 2008 (Gifu Council) g. Radius notices mailed to properties within 300 feet on: December 21, 2007 (Planning and Zoning Commission); February 22, 2008 (Gifu Council) h. Applicant posted notice on site by: January 7, 2008 (Planning and Zoning Commission); March 8, 2008 (Gifu Council) 6. LAND USE a. Existing Land Use(s): There is an existing home and associated outbuildings 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 area surrounding the proposed development is primarily single-family residential. c. Adjacent Land Use and Zoning: 1. North: LDS Church and Single-family homes, Quenzer Commons No.S and No. 6; zoned RUT(Ada County) and R-8 2. West: Whitson Parcel, zoned RUT in Ada County; Single-family homes, Wanda's Meadows, zoned R-4 3. South: Single-family homes, Howell Tract Subdivision; zoned R-8 4. East: Single-family homes, Summerfield Subdivision; zoned R-4 d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: N Locust Grove Rd, N Yellow Peak Ave, N Heritage Ave. Location of water: N Locust Grove Rd, N Yellow Peak Ave, N Heritage Ave. Issues or concerns: Pressure zone conflict PRV will need to be installed by the developer at the N Heritage Ave water connection. 2. Vegetation: There are some existing trees on the subject properties that should either be preserved or mitigated for. 3. Floodplain: N/A 4. Canals/Ditches/Irrigation: There are irrigation ditches on the subject property which are proposed for tiling. 5. Hazards: Staff is not aware of any hazards associated with this property. 6. Size of Property: 21.8 acres 7. Gross Density: 5.8 units per acre f. Landscaping (see Analysis below for more details): 1. Width of street buffer(s): A twenty-five foot wide landscape buffer is required on N. Locust Grove Road and E. Ustick Road. Both roadways are designated arterial roadways. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: The applicant states that 13.11 % (2.86 acres) of the site is being set aside for common open space. 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 5 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEARI~DATE OF MARCH 18, 2008 UDC 11-3B-12. g. Amenities: For multi-family developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the development (iJDC 11-4-3.27D-2d). There are 122 units proposed in this development. As a reference for multi-family developments with 75 units or more, 4 amenities are required, with at least one from each category (Quality of Life, Open Space, and Recreation). The club house portion of the development will provide amenities as follows: 5,240 squaze-feet with exercise facilities, stadium seating theater, a community kitchen, swimming pool and water feature. Other amenities on site include: walking path throughout the development, open grassy areas with sitting areas, a putting green, a tennis court, a community rose garden, plaza area and a pavilion with tables and bazbeques. See Analysis below for more information regarding amenities. h. Off-Street Parking: UDC 11-3C-6 requires multi-family dwellings with more than 1 bedroom to have 2 pazking spaces per dwelling unit in a covered carport or garage. The applicant is proposing 2- car garages for each dwelling unit. However, the applicant has stated that the multi-family units are proposed to be platted as condominiums in the future. If the multi-family units aze platted for condominiums (which the city would then classify the units as single-family), the applicant would be responsible for providing a 20' X 20' pad in front of the garages of the units. The Applicant is currently showing some visitor parking on the multi-family/condo sites. Staff is not supportive of the shared drive aisles and parking pads for the units located along the perimeter of the project. Staff believes that the parking pads in front of the garages should either be 20' x 20'with a 25' wide drive aisle/back-up area, for a total or 65-feet in length to accommodate vehicular maneuverability OR the garages should be pulled closer together to be 5' in length or less to the drive aisle. If the pads aze constructed as proposed (50' between garages) in front of some of the garages then cars will be tempted to park in front of the garages, thus blocking the drive aisles and not providing adequate back-up area. See below for further analysis. i. Conditional Use Information: 1. Non-residential square footage: 5,240 square feet (Community Clubhouse) 2. Proposed building height: approximately 30 feet 3. Percentage of site devoted to building coverage: 25% 4. Percentage of site devoted to landscaping: 29% 5. Percentage of site devoted to paving: 46% 6. Percentage of site devoted to other uses: 13.11 % useable common open space 7. Number of residential units: 122 j. Required Dimensional Standazds: The applicant is proposing amulti-family development within an R-15 zoning district. Typically the UDC requires a minimum 10-foot setback to the perimeter unless a greater setback is required by the UDC. In this case, the reaz setback for the R-15 zoning district is greater than the 10-foot requirement (12-feet). The minimum interior setbacks between buildings should be 10 feet. k. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing eight private streets and three public streets that will provide access and circulation within the proposed development. Primary access to the site is proposed from N. Locust Grove to/from E. Monet Street. Heritage View Avenue will be extended from the north to provide access and connectivity to the existing residential subdivision (Quenzer Commons No. 6). Heritage Avenue and N. Chazdin Avenue, both public roadways, will stub to the southwest for future connectivity to Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 6 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEARI~DATE OF MARCH 18, 2008 adjacent properties. The applicant should also provide a public turnaround easement where N. Chardin Avenue and E. Vernet Lane intersect. 7. AGENCY COMMENTS MEETING On December 28, 2007, staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Deparhnent, Parks Department and Public Works Department. Staff has included all comments and recommended actions as Conditions of Approval in Exhibit B. S. 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 project includes 122 units on 21.8 acres for a gross density of 5.59 dwelling units/acre. The proposed density lies within the anticipated density of the Comprehensive Plan for this area. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACLID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change. • The subject lands currently lie within the City's urban service planning area and is serviced by Meridian City Fire Department. This service will not change. • The subject lands currently lie within the jurisdiction the Meridian Police Department (MPD). This service will not change. • The subject site can be serviced by the City of Meridian's sanitary sewer and water system. 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 Sanitary Services Company. • Chapter VII, Goal IV, Objective C, Action 1: Protect existing residential properties from incompatible land use development on adjacent parcels. Both the Comprehensive Plan and the Zoning Map envision the adjacent properties in this area of Meridian to develop with residential land uses. Staff believes the proposed development to be harmonious with the existing and future residential developments in the area. Chapter VII, Goal 1V, Objective D, Action 5: Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.). The applicant is required to install and maintain a 25 foot landscape buffer adjacent to both N. Locust Grove Road and E. Ustick Road. Within the required buffer the applicant is proposing a Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 7 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 berm. • Chapter VI, Goal II, Objective A, Action 3: Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications generally comply with the applicable policies listed in the literature noted above. • Chapter VI, Goal II, Objective A, Action 6: Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The adjacent residential projects to the southwest and north have provided opportunities for the subject site to provide vehicular connectivity. The applicant is proposing to extend the existing public streets to make connections for vehicular and pedestrian connectivity. Further; the applicant is proposing to construct anorth-south public street, Chardin Avenue, along the west property line so that that vacant parcel can eff ciently develop and connect to the subject site in the future. Staff is generally supportive of the vehicular connectivity proposed. • Chapter VI, Goal II, Objective A, Action 5: Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The adjacent Quenzer Commons project to the north has provided an opportunity for a pedestrian connection to this property. The applicant is providing pedestrian connectivity internally as well as to the Quenzer Commons Subdivision No. 6 to the north. The applicant is also provided future pedestrian connectivity to the parcel west and south of the site. • Chapter VII, Goal IV, Objective C, Action 6: Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See analysis above. • 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. Prior to construction of any buildings, temporary fencing should be constructed around the perimeter of this site. Staff recommends that the Commission and Council 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. UNIFIED DEVELOPMENT CODE a. Schedule of Use Control: Unified Development Code (iJDC) 11-2A-21ists multi-family developments as a conditional use in the R-15 zoning district. Specific Use Standards (UDC 11-4-3-27) apply to multi-family developments; please see Section 10, Analysis below for more information. Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 8 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR)~DATE OF MARCH 18, 2008 b. Purpose Statement of the Residential Districts: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. Multifamily Development (UDC 11-4-3.27): The following standazds shall apply for the multifamily units, including standards for Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Site design (iTDC 11-4-3.27B): The building shall provide a minimum setback often feet unless a greater setback is otherwise required by this title. Building setbacks shall take into account windows, entrances, porches and patios and how they impact adjacent properties. All site service areas, outdoor storage azeas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from the public street. A minimum of 80 squaze feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count towazd this requirement. For the purposes of this Section, vehiculaz circulation areas, parking azeas and private useable open space shall not be considered common open space. The pazking shall meet the requirements set forth in Chapter 3 of this Title. Developments with 20 units or more shall provide the following: a property management office, a maintenance storage area, a central mailbox location, a directory and map of the development at an entrance or convenient location for those entering the development. Common open space design requirements (UDC 11-4-3.27C): A minimum area of outdoor common open space shall be provided as follows: a) 150 square feet for each unit containing 500 or less squaze feet of living area; b) Z50 squaze feet for each unit containing more than 500 square feet and up to 1,200 squaze feet of living area; and c) 350 squaze feet for each unit containing more than 1,200 squaze feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. Site development amenities (iJDC 11-43.27D): All multifamily developments shall provide for quality of life, open space and recreation amenities to met the pazticulaz needs of the residents as follows: a) Quality of Life (clubhouse, fitness facility, enclosed bike storage, and public aze such as a statue); b) Open Space (open grassy azea of at least 50 by 100 feet in size, community gazden, ponds or water features, and plazas); and c) Recreation (pool, walking trails, children's play structures, and sports courts). The number of amenities shall depend on the size of the multifamily development as follows: For multifamily developments with 75 units or more, 4 amenities shall be provided, with at least 1 from each category. For multifamily developments with more than 100 units, the decision-making body shall require additional amenities commensurate to the size of the proposed development. Architectural Character (iTDC 11-4-3.27E): Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 9 CITY OF MERIDIAN PLANN)I~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 All building elevations shall have a minimum portion of the elevation devoted to architectural features designed to provide articulation and variety. These features shall include, but are not limited to windows, bays and offsetting walls that extend at least two feet; recessed entrances; and changes in material types. Changes in material types shall have a minimum dimension of two feet and minimum area of 25 square feet. Main entrances, which are the primary point(s) of entry where the majority of building users will enter and leave, shall be designed as an obvious entrance and focal point of the building through architectural treatment, lighting, and address identification. Entrances shall be adequately covered, recessed, or treated with a permanent architectural feature in such a way that weather protection is provided. Roof forms shall be distinctive and include variety and detail when viewed from the street. Sloped roofs shall have a significant pitch. Flat roofs should include distinctive cornice treatments. Exterior building materials and finishes shall convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and the are encouraged. Windows are required to allow views to exterior activity areas or vistas. Windows shall be provided on any building facing any common area used for children's recreation. All roof and wall-mounted mechanical, electrical, communications, and service equipment should be screened from public view from the adjacent public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Landscaping (iTDC 11-4-3.27F): Development shall meet the minimum landscaping requirements in accord with Chapter 3 of this Title. All street-facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: The landscaped area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty- four inches shall be planted; and groundcover plants shall be planted in the remainder of the landscaped area. Maintenance and Ownership (UDC 11-43.27G): All multifamily developments shall 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, and other development features. Outdoor storage/refuse areas (i7DC 11-3A-12): Outdoor utility meters, HVAC equipment, trash dumpsters, trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 10 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEARI~DATE OF MARCH 18, 2008 AZ Application: The applicant is proposing an R-15 zoning designation, which is generally consistent with the Medium Density Residential Map designation for this site. Approval of the subject annexation and zoning request would allow the Applicant to obtain aMedium-High Zoning Designation for the subject property. According to UDC 11-2A-2 amulti-family development is a conditional use in an R- 15 zoning district. For concurrent review, the applicant has submitted a preliminary plat, a conceptual development plan and building elevations showing how this site may develop as an active adult community totaling 122 condominium units. Based on the policies and goals contained in the Comprehensive Plan and the proposed Future Land Use Map designation of Medium Density Residential for this property, Staff believes that the requested R-15 zoning district is appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and fmdings for an annexation. The annexation and zoning legal description prepared by Ronald M. Hodge, PLS, dated September 4, 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. The applicant has provided staff with a CUP for amulti-family development on this site. Because the UDC has an extensive list of multi- family standards (listed in section 9 above) of which Staff will hold the applicant strict conformance to; Staff believes that a DA is not necessary in this instance. If the Commission or Council believe 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 be made. PP Application: 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 multi-family development. Please see below and Exhibit D for detailed analysis and facts and fmdings for a preliminary plat. Dimensional Requirements of the R-15 zone per UDC Table 11-2A-7: The applicant is proposing three residential lots and one common lot within an R-15 zoning district. The UDC requires a minimum lot size of 2,400 square feet. The proposed lots comply with the R-15 zoning district dimensional standards. Landscaping: Locust Grove Road and Ustick Road are designated as arterial roadways. A 25-foot wide landscape buffer is required adjacent to arterials (iJDC Table 11-2B-3). The submitted landscape shows a 25-foot bermed landscape buffer along both roadways and complies with the UDC. The UDC requires a 10-foot wide landscape buffer along locaUcommercial streets; however, this standard does not apply to residential developments. On the submitted landscape the applicant has indicated the main public streets (N. Heritage View Avenue and E. Monet Street) within the development will be lined with trees and sod. Staff is supportive of this proposal as it adds to the attractiveness of the project. The applicant is also proposing to construct an internal pathway system for recreational use. The submitted landscape plans do not show the trees and groundcover required by UDC 11-3B-12. Pathways should also be constructed in accordance with UDC 11-3A-8. Staff believes the applicant should provide a revised copy of the landscape plan demonstrating compliance with the UDC 11-3B-12 and the other landscape requirements mentioned herein. Ten copies should be made available to Staff prior to the City Council hearing. Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 11 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 UDC 11-3B-8C requires a minimum of 5 foot perimeter landscape buffer along lot lines that are adjacent to the shared driveways. Said buffers shall be improved with trees and groundcover. The submitted landscape plan shows a shared driveway south of N. Chardin Avenue that does not provide the required 5 feet of landscaping. The applicant should provide a 5-foot landscape buffer with trees and groundcover along said driveway. There are some existing trees on this site. The applicant states some are to remain and be protected during construction and others are to be removed. Any existing on-site 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 those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The Applicant should coordinate a mitigation and protection plan with Elroy Huff at the Meridian Parks Department. A written certificate of completion should be prepared 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. Common Areas/Open Space: UDC 11-3G-1 requires the applicant to provide a certain amount of common open space and site amenities in residential districts. This section of the code is applicable to parcels 5 acres or larger in size. The subject property totals approximately 22 acres which requires the site provide a minimum of 10% open space. In addition to the open space requirement certain amenities shall be provided on the site. Qualifying amenities include 5,000 square feet of grassy area, water features, plaza, clubhouse, picnic area, pool, walking paths and fitness facilities just to name a few. The proposed project is providing approximately 13% common open space on the site with the following qualifying amenities: club house, pool, walking path, plaza, community garden, water feature, fitness facility, picnic area, putting green and tennis courts. Staff believes the applicant has done an excellent job providing open space and amenities on this site. Also in accordance with the UDC, maintenance of all common areas shall be the responsibility of the Chalet Marseilles Homeowners Association. Drainage: Seepage beds for stormwater drainage are shown on Lot 1, Block 2. 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. NOTE: Applicant shall be aware that infiltration ponds for ACRD public streets require exposed filter sand. This sand area does not count toward the City of Meridian's open space requirements. Other provisions to meet vegetated open space requirements must be made when ACHD pond designs incorporate exposed filter sand. Proposed Streets and/or Access: Primary access to the site will be via N. Locust Grove to/from E. Monet Street. It is important to note the proposed alignment of said roadway is not adjacent to the roadway (E. Summerheights Drive) east of the site. Staff has received written comments from ACHD supporting the alignment of the proposed streets. Furthermore, there is an existing LDS church site directly to the north. This site has a full access driveway approximately 30 feet north of the proposed public street. If the church were to request annexation into the city, Staff would probably condition that the church's full access driveway be vacated. Therefore, Staff is supportive of the applicant's proposal to construct E. Monet Street along the north property line. This way the church can take access from Monet Street and not Locust Grove Road in the future. In addition, N. Heritage View Avenue will be extended from the north to provide access and connectivity to the residential subdivision (Quenzer Commons No. 6). N. Heritage Avenue and N. Chardin Avenue, both public roadways, will stub to the southwest for future connectivity to adjacent properties. There is an existing 8-foot wide strip between Wanda's Meadows and the subject site. The applicant has stubbed N. Heritage View Avenue to the south, in alignment with Yellow Peak Avenue, so the properties will be interconnected when the Whitson (spite strip) property develops in the future. The same Whitson property lies west of the subject site, east of Wanda's Meadow. The applicant is Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 12 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 proposing to construct anorth-south public street along the east side of the Whitson property so it can effectively develop in the future. Staff is supportive of the public street design for Chardin Avenue. The applicant should provide a public turnaround easement where N. Chardin Avenue and E. Verret Lane intersect. If these changes are made, Staff is supportive of the proposed access for this development. Along with public streets within the development, the applicant is proposing eight private streets that will provide access and circulation within the proposed development. The private street requirements will be further explained in the Private Street section below. Ditches, Laterals, and Canals: There are several irrigation ditches that run through/along this property. The submitted site plan indicates the ditches are be tiled. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: 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. 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. An underground, pressurized imgation 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. Existing Structures: The site currently contains an existing single family home with associated outbuildings. The submitted plans indicate all existing buildings are to be removed to make way for the proposed multi-family development. Prior to the City Engineer's signature of the final plat, all existing buildings on this site shall be removed. Fencing: The submitted landscaping plan shows a decorative concrete wall proposed for the development; however, perimeter fencing is not shown on the preliminary plat. The applicant should state at the public hearing if perimeter fencing is proposed for the site. At a minimum, temporary construction fencing should be installed prior to issuance of building permits for the subdivision. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. All fencing shall be installed in accordance with UDC 11-3A-7. CUP Application: The applicant has submitted for CUP approval of 122 units and club house in a proposed R-15 zone. As mentioned above, Staff feels a Development Agreement is not warranted for this site because staff is including all conditions of the multi-family development within the CUP conditions. The site is to consist of no more than 122 multi-family units with a club house. Furthermore, the applicant should submit for a condo plat for. the subject project in the future, as proposed. Multi-family Standards: The UDC has several specific standards that apply to multi-family developments (See Section 9 above for a complete list.) These standards apply to Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. Below are some of the multi-family and general design standards that the applicant should be required to comply with. Site Design: UDC 1-4-3.27B requires developments with 20 units or more provide the following: a property management office, a maintenance storage area, a central mailbox location, a directory and map of the development at an entrance or convenient location for those entering the development. The referenced requirements above are for multi-family developments. The applicant intends to condo the 122 units; if the subject applications are approved (which the city would then classify the units as single-family). Therefore, Staffbelieves the requirements for the property management office and a maintenance storage area is not warranted. In addition, the applicant states the Home Owner's are to maintain the proposed develop thru CCR's that will govern the development. However, Staff feels with the amount of units proposed, the site should include centralized mail boz locations throughout the development and provide a directory and site map located at the entrance of the development. Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 13 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 The applicant should include these revisions on the site plan prior to commission review as well Multi-family Setbacks: The applicant is proposing amulti-family development within an R-15 zoning district. Typically the UDC requires a minimum 10-foot setback to the perimeter unless a greater setback is required by the UDC. In this case, the rear setback for the R-15 zoning district is greater than the 10-foot requirement (12 feet). The minimum interior setbacks between buildings should be 10 feet. The submitted site plan shows the structures comply with the 12-foot perimeter setback. However, some of the internal buildings are between 9 and 10. Staff believes the applicant should comply with the 10- foot requirement between the buildings. Site Plan: The applicant is proposing several different structures on this site. The site is expected to develop with 40 buildings, including the club house. The mix of buildings includes 2 single detached buildings, 14 bi-unit buildings and 23 quad unit buildings, totaling 122 units. The two building footprints for the subject site include a large floor plan totaling 66 units and the other is a small floor plan which totals 56 units. The site is expected to develop with the 8 smaller bi-unit buildings and 10 smaller quad-unit buildings located primarily internal to the development. The larger-unit buildings are located along the perimeter of the development and consist of 2 single unit buildings, 6 bi-unit buildings, and 13 quad-unit buildings. All of the units have attached two car garages with a parking pad in front of each unit. Staff is not supportive of the shared drive aisles and parking pads for the units located along the perimeter of the project and the one quad unit building located on Lot 1, Block 2. Staff believes that the parking pads in front of the garages should be 20' x 20'and provide a 25-foot drive aisle (65' length total) to accommodate vehicular maneuverability or shorten the parking pad to 5' in length or less to discourage parking in front of the garages (35' length total). If the pads are constructed as proposed (50' length between garages) in front of some of the garages then cars will be tempted to park in front of the garages, thus blocking the drive aisles. NOTE: All of the internal units comply with this parking and drive aisle/back-up requirement. Staff has determined the amount of units unable to conform to the above mentioned requirement at 60 units. Staff believes the applicant could revise the site plan to have some of the buildings comply with the above mentioned requirement. Staff realizes that all of the units may not be able to comply and suggests the applicant reconfigure the site plan to have at least 75% (92 units) comply with the single family parking requirements. The other additional parking for the 30 units without parking pads (5-foot) would be on the private streets as proposed. Staff would suggest the applicant request continuance to allow time to review the revised site plan. Staff believes this a significant change to the site plan and advises the applicant submit 10 revised copies of the site plan prior to the Commission hearing. Parking: UDC 11-3C-6A requires multi-family dwellings 2 or more bedrooms to have atwo-car covered carport or garage for each unit. The submitted site layout proposes two car garages for each of the multi-family units. If the multi-family developments are platted for condominiums in the future, the applicant would not comply with the single family parking standards of the UDC. The applicant would have to comply with this requirement to gain approval for a condo plat. If the applicant revises the site plan as Staff has suggested above, staff is supportive of the parking within the proposed development. The proposed pazking spaces for the multi-family development should conform to the dimensional requirements of the UDC. The submitted site plan shows the visitor parking stalls meet the standard parking stalls of the UDC. Elevations: The applicant has submitted building elevations for all of proposed buildings including the club house. There are four types of elevations proposed, two for each of the larger footprint buildings and two for the small footprint buildings. Both of the product types are shown to be constructed of Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 14 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 stucco with substantial stone accents, architectural roofing shingles, covered entrances and tall entry doors. Some of the other accenting features include copper metal roofing on the eaves of the proposed smaller units and the chimneys of both the larger and smaller units; arched windows board and batten and shake shingle siding accenting the front facades of the larger units. The club house is proposed to be constructed of board and batten and shake siding with accented stone front fagade highlighted by an entryway rotunda. Majority of the windows are arched and accented with shutters. Staff likes the appearance of the proposed buildings and any future buildings shall substantially comply with the construction materials and design elements shown in these elevations. Furthermore, Staff believes no more than two buildings in a row (side by side) should have the same elevation typology. UDC 11-4.3 requires multi-family structures to comply with specific design standards. Exterior building materials and finishes should convey an impression of permanence and durability. Materials such as masonry, stone, stucco, wood, terra cotta, and the are encouraged. Staff believes that the elevations submitted with the CUP significantly meet the requirements of the design standards listed in UDC 11- 3A-19. Density: As noted on the Comprehensive Plan Future Land Use Map, this area is designated Medium Density Residential. This designation anticipates densities between 3 to 8 dwelling units to the acre in this area. T'he applicant is proposing a density of 5.59 dwelling units to the acre. The applicant complies with the density allowed in an R-15 zone and the Comprehensive Plan. Staff is supportive of the proposed density. Landscaping: Per UDC 11-4-3.27.F, all street-facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: The landscaped area shall be at least three feet wide; for every three lineal feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches shall be planted; and groundcover plants shall be planted in the remainder of the landscaped area. The submitted landscape plans do not reflect the foundation planting requirements referenced above. Staff believes the applicant should provide a revised copy of the landscape plan demonstrating compliance with the multi-family development requirements. Ten copies should be made available to Staff 10 days prior to the City Council hearing. Pedestrian Pathways: The adjacent project to the north (Quenzer Commons Subdivision No. 6) has provided an opportunity for a pedestrian connection with this property via 5-foot attached sidewalks along N. Heritage View Avenue. As mentioned earlier there is an existing 8-foot wide spite strip/flag associated with the Whitson parcel to the southwest. Yellow Peak Avenue is stubbed to this spite strip from Wanda's Meadow. Because of that strip the applicant is not able to connect the roadway or sidewalk to the southern development. However, the applicant has stubbed a street and sidewalk to the Whitson property for future connectivity. Furthermore, Staff is recommending the applicant re- locate the proposed sidewalk along the northern side of E. Monet Lane to the south side of said street to provide better pedestrian connectivity. between the developments, when the Whitson property is developed. Private Useable Open Space: UDC 11-4-3.27B requires a minimum of 80 square feet of private, usable open space shall be provided for each unit. This requirement can be satisfied through porches, patios, decks, and/or enclosed yards. Landscaping, entryway and other access ways shall not count toward this requirement. The applicant has shown, on the floor plans, that each dwelling unit will provide at least 80 square feet of covered patio on both the larger footprints and the smaller footprints. This patio is being provided on the side of each unit. Staff is supportive of the location of covered patios. Amenities: The applicant is required to provide amenities for the multi-family development. For multi-family developments with more than 100 units, the decision making body shall require amenities commensurate to the size of the development (UDC 11-4-3.27D-2d). As a reference, the UDC requires Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 15 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 multi-family developments containing 75 units or more to provide 4 amenities, with at least one from each category (Quality of Life, Open Space, and Recreation). The applicant is providing amenities as follows: 5,240 square-foot community club house with a fitness facility, stadium seating theater, a gathering azea with acommercial-grade kitchen (Quality of Life) and swimming pool (Recreation). The entrance to the club house will be accented with a courtyard and water feature (Open Space). Other amenities include a walking trail around the perimeter of the property (Recreation), covered pavilion with bazbeques (Quality of Life), tennis courts (Recreation), putting green (Recreation), a community rose garden, a plaza azea and open grassy areas with sitting areas (Open Space). Staff believes the applicant has done a great job providing amenities within the proposed development. Furthermore, Staff recommends that the Commission determine if the proposed amenities are appropriate for a development of this size. Open Space: UDC 11-4-3.27C requires a minimum azea of outdoor common open space shall be provided as follows: a) 150 squaze feet for each unit containing 500 or less square feet of living area; b) 250 square feet for each unit containing more than 500 squaze feet and up to 1,200 square feet of living area; and c) 350 squaze feet for each unit containing more than 1,200 square feet of living area. Common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a constructed barrier at least 4 feet in height. The units for the proposed multi-family developments range in size from 1,200 squaze foot units to 1,900 squaze foot units. The UDC requires 350 squaze feet for each unit containing more than 1,200 squaze feet of living area. The multi-family developments aze proposing a total of 122 units. The minimum amount of open space required per code for all of the proposed multi-family development is 42,700 sq. ft (122 X 350 sq. ft). The applicant states that 6.69% (63,513 sq. ft.) of the site is being set aside for common usable open space. Maintenance of all common areas should be the responsibility of the Home Owners' Association(s). Staff believes that the open space proposed complies with the UDC. Refuse Areas: The Sanitary Services Company (SSC) has not commented on the proposed dumpster locations or design. The applicant should contact SSC for further comment on enclosure design and location prior to submitting for a CZC. PS (Private Street) Application: In conjunction with the public streets, the applicant is proposing to construct eight private streets to provide access and circulation within this development. The UDC requires private streets to be constructed within an easement and have a travel lane width of 24' or 26' with no allowed pazking as determined by the Fire Marshal. The proposed private streets are all internal to the development and aze to be constructed as a 36-foot street section that includes a 5-foot wide sidewalk on one side, a 2 foot rolled curb, 2 10-foot wide travel lanes, an 8 foot pazking area, and a 1 foot ribbon curb. The applicant has submitted a Private Street application as required by UDC 11-3F-3 and received Fire Department approval for the proposed street section. Staff is supportive of the applicants request and has provided further analysis in the Alternative Compliance section below. ALT (Alternative Compliance) Application: The specific request for alternative compliance is associated with the width of the travel lanes and the pazking on private streets. The UDC requires the travel lanes of Private Streets to be a minimum of 24 feet with no on street pazking. The applicant is proposing 20-foot travel lanes with an 8-foot parking lane. The applicant states that this private street is identical to ACHD's reduced 29-foot street section. The applicant has also contacted the Meridian Fire Department and received Fire Department approval for the proposed street section. Staff believes the proposed design would not create a safety hazard and allows some visitor pazking within the development. In Lieu of the Private Street Standards, staff supports and approves ALT-07-020 associated with the findings in Exhibit D. Staff is recommending that the applicant submitted a revised site plan for the proposed Chalet Marseilles development (AZ-07-020, PP-07-027, CUP-07-023, PS-07-008, & ALT-07-020). If the Commission finds Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 16 CITY OF MERIDIAN PLANNI~PARTMENT STAFF REPORT FOR THE HEARI~DATE OF MARCH 18, 2008 that the revised plans are acceptable and wishes to forward on a recommendation of approval to the Council, staff has included conditions listed in Exhibit B of the Staff Report. The Meridian Plamun~ & Zonin>s Commission heard these items on January 17 2008 and February 7 2008 At the public hearine the Commission moved to recommend approval of the subiect 7,_ PP and CUP request The Meridian Itv ouIICll h .ard these items nn Marrh 1 Q ~nn4 At +ho rnhlin l.o....:,,.. +h.. n,...~...:~ .. ._J iect A7,. PP. TP_ P and Ai,T r a ~ 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: 03-OS-08) 3. Landscape Plan (dated: 03-OS-08) 4. Site Plan (dated: 03-OS-08) 5. Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Descriptions & Exhibit Maps D. Required Findings from the Unified Development Code 1. Annexation and Zoning Findings 2. Preliminary Plat Findings 3. CUP Findings 4. Private Street Findings 5. Alternative Compliance Findings Chalet Marseilles AZ, PP, CUP, PS & ALT PAGE 17 CITY OF MERIDIAN PLANNI)~EPARTMENT STAFF REPORT FOR THE HEAR)~DATE OF MARCH 18, 2008 1. Vicinity Map Exhibit A CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 2. Preliminary Plat Revised s~ ` 4660'BOLEB W@PI'98pg ~,~d~s~ ¢~ ~°,~ ~'° ~°"~ 1tlW AWMWIl3tld o+tvai'~~ wna~vav' ~ ~~' ~ ` ~n'saaanpon~e-n-r ~ , m °°'~'°"~"~~~' . nman~w N~INa~1SS37'H3SbVW13ltlHD c 'gip ~P ~~ 3 j~ m w ~ a~ ~~~ ~~~~~~ ~ ~~~~~~~~~~~~~~ s ~~ ~~~~~~' ~ ~ s~ v ~ ~ ~~, ~~1 ~ $~a~ ~9 ~ g ~~ld~~~3s~ c w~va~is~, nr ~ `. ~~~~~~~~~~~~ g g g g , g ~~~33~~~59~~~~~9~J~ ~~9J~9~~~~9 -~ I I I I (' - ~'~ e~ ° i iI)I I I I I~ i~ I I' T i V J o 4g1 eE ilQ~~~°l~a~~ ~ ~; ~ ~a~~ ~~~~E~~~l~~ ~~~ss ~~~ ~ ~ p g j$g5 gggg@@ yg $$g g 5jp W 8 9 '" a P aP gp gg gp g @ a d A ~ ~~ a i a E~ ~ E !9 ~d ~ E s E~ 4 8 E ~ ~Za4m L >~ ~ ~ r ~l , - - °~ ~ R~ --- -- _ - ~ .~r.~ ~ --- __ - _.--. _ H --~ -_ _. d - -.____-_-_ _- .. -__--. ___-- _ t ~ OVOL alOW 19GD1 - - -- - 5 -- ,_ _ -_ ___ r- _-_ I s H A~ ~ _~ o z --~ Q ~ i - d ~ °` Z ~ _ -_ - -_ .71118~~11Y1 OSb1KAQN - T T O= 0'. CY ~ e'. ~' ~ <j f ~ ~ 'mss ~ L I--1 _ s d r W ~ `= 6 Lii ~ ~ 4~ ~ ~ ~ g Q ~1 r4 2 W ~ ~ ~ ~ g ~ e ~ ~ a' ' ~ ~ I g ~~--l U_ ~ ' ~N J ~ a a'~~~a~ W ~~il~~~ g Z a o"' ~ a~9 ~ Wa"~~ m~m~ ~~ ~~ ~~ ~ Exhibit A CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 3. Landscape Plan Revised l QD ~ ~~ nr~ - uEld ed~sPual II~~-O I H fL 1°n !i ~~ g r ~ISI^IPQ~S ~III~gW lalgU~ ~ y~ R C I eQ o ~~]~ i~ 6 ~~~ Q A w ~~'s~~ ~~~~~ ~ I ~ A ~ ~ ~~ ® ~ ~~ W ~ ~ ~~ ~~~ ~ ~ ~ ~~~~ ~ ~ ~~ , u ~ ~I~~~~~t~~~~~~~ ~:~~ ~Q ~ss~s;s~~~~~~~~~~~ 6 ~,~ ~ ,, ~ ~ III I~~ Exhibit A CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 4. Site Plan Revised ~•/_O~~ y`r M~ W rr~ Vf J J ''W^ VNJ I.L Q L~ r W J Q U u `~" N y e a~+ x 0x7 T o v d a 'o ~ Si . C r ~ ~- ~ N N p~ N N1 4' ® Q ~ ~ ~ ~ E~~ N C d O ~ O C L ~ O N 7~ ~ N ~ ~ O_ ~ N J d •-. d d d ~ 7 7 C y ~ ~ v 12 ~ on ~ s '~ ~ e® i a mg V ~ ~ t ~~ ~ ~ ~ ~ on c b ~ ~ a+ r N V1 ~ lL F'~ 1- I ~ ._ ~ _ _. ~ I~ ~ ~ ~ ~- _ --- '~.~ Exhibit A CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 5. Elevations (Large Footprint) P P 9 9 q J T u~~ .'r. FRONT ELEVAT~W RIGHT ELEVATI~V FRONT ELEVATION RIGHT ELEVATION Exhibit A CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 5. Elevations (Small Footprint) FRONT ELEVATION RIGHT ELEVATION FRONT ELEVATION RIGHT ELEVATION Exhibit A CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 -- F " My le ~ '~I REAR ELEVATION Exhibit A CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 RIGHT ELEVATION REAR ELEVATION LEFT ELEVATION I~ Exhibit A 5. Elevations (Club House) CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 B. Conditions of Approval 1. PLANNING 1.1 ANNEXATION/ZONING 1.1.1 The annexation and zoning legal descriptions submitted with the application (stamped on September 4, 2007 by Ronald M. Hodge, PLS) is accurate and meet the requirements of the City of Meridian. 1.1.2 A Development Aereement will be required as Hart of the annexation and zoning of this pro Prior to the annexation and zonins? ordinance approval a DA shall be entered into between the Citv of Meridian. the property owner(sl (at the time of annexatinn/re~nne nrrlinanrP arln„t;nnl a,,.i the eveloper. The ann icant shall nntart he ity Attorney Bill Narv at ggg~4 wi in 6 months of Council_ approval to in'tiate this nrocpcc The DA shall inclnrlP at a minimum the ---~---- -- -- -------.-W_ ..... followine: • Construct a maximum of 120 units on this site and comply with the site plan dated 03 OS 08 and elevations submitted with the CUP 1.2 PRELIMINARY PLAT 1.2 Site Specific Conditions 1.2.1 The 4-lot preliminary plat prepared by J-U-B Engineers, dated 03/05/2008 (attached in Exhibit A), is approved, with the conditions listed herein. 1.2.2 Except for the full-access public streets into the development (one to N. Locust Grove Road), direct lot access to Ustick Road and Locust Grove Road is prohibited. N. Heritage View Avenue shall be stubbed to the south as proposed and N. Chardin Avenue shall be constructed as a 40-foot street section and stubbed to the west when the Whitson property is developed. E. Monet Street shall be constructed along the north boundary (south boundary of the church) to provide access for future connectivity to the LDS Church site. 1.2.3 Prior to the City Engineer's signature on the final plat, all existing structures shall be removed. 1.2.4 The landscape plan prepared by Breckon Land Design, dated 03/05/2008, labeled Sheets L 1.1-1.3 (attached in Exhibit A), is approved with the following notes/changes: • Provide a minimum 25-foot wide bermed landscape buffer along Locust Grove Road and Ustick Road, with meandering detached 5-foot sidewalk, as proposed. All landscape materials shall be installed in accordance with UDC 11-3B-9, Landscape Street Buffers. • Provide a minimum 5-foot landscape strip with trees and sod along both sides of E. Monet Street and N. Heritage View Avenue, as proposed. • Per UDC 11-3B-10, the Applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Provide a copy of the plan to the Planning Department with the final plat submittal. • The applicant shall construct and install the pathway in accordance with UDC 11-3A-8 and UDC 11-3B-12. ftM _ " ._' SG • A written certificate of completion should be prepared by the 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 B CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 Submit revised landscape plans to the Planning Department with the submittal of the final plat application. 1.2.5 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, asingle-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 prior to signature on the final plat by the Meridian City Engineer. 1.2.6 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, that intersect, cross or lie within the area being subdivided shall be tiled. 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 construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.2.7 All development improvements including water, sewer, fencing, landscaping, amenities and pressurized irrigation shall be installed and approved prior to City's Engineers signature on the final plat. 1.2.8 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. 1.2.9 Applicant shall be required to pay Public Works development plan review and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02- 374. 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. 1.2.11 Applicant shall be aware that infiltration ponds for ACRD public streets require exposed filter sand. This sand area does not count toward the City of Meridian's open space requirements. Other provisions to meet vegetated open space requirements must be made when ACRD pond designs incorporate exposed filter sand. 1.2.12 The applicant shall work with staff and the LDS Church for an appropriate location for future access alone E. Monet Street to determine future connectivity if/when the LDS Church request annexation into the Ci 1.2.13 Construct the decorative block wall as proposed If the LDS Church does not allow the applicant to construct the decorative block wall along the northern boundary of E Monet Street then said wall shall not be reauired. 1.3 GENERAL CONDITIONS 1.3.1 Sidewalks/walkways shall be installed within the subdivision and along the adjacent streets pursuant to UDC 11-3A-17. 1.3.2 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the Applicant has submitted a preliminary landscape plan and where Staffhas reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. 1.3.4 The Applicant shall submit a fencing plan with the final plat application for the subdivision. 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. All fences shall taper down to 3 feet Exhibit B -Page 3 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation or preliminary plat does not relieve the Applicant of responsibility for compliance. 1.3.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.3.7 The applicant shall comply with the dimensional standards of the R-15 zoning district; provide a minimum 12' perimeter setback. 1.4 CONDITIONAL USE PERMIT 1.4.1 The site plan, prepared by J-U-B Engineers, Inc., dated 03/05/2008, is ~ae~ approved. n~°-~a° ° -°-~°°-' cit[~-nl.nn-r-aflnafin.. 4t.,. ..a:~:,. ~ ~;~~,.a i.,. .a.,a: .,~. . r d "~ ' r~ma~ of o~~crn oc$ g~-ages{~A~~A~R~~$~ ~~' vT% ~ 4~- All comments and conditions of the accompanying Annexation (AZ-07-020) and Preliminary Plat (PP-07-027) applications shall also be considered conditions of the Conditional Use Permit (CUP-07-023). 1.4.2 The applicant shall construct a maximum of ~ 120 units. All buildings shall be condoed, as proposed. 1.4.3 No more than two buildings in a row (side by side) shall have the same elevation. 1.4.4 The landscape plan prepared by Breckon Land Design., dated 03/05/2008, is approved with the following modifications/notes: • Per UDC 11-4-3-27, all street facing elevations shall have landscaping along the foundation for the multi-family units as follows: - The landscaped area shall be at least 3-feet wide; - For every 3 linear feet of foundation, an evergreen shrub having a minimum mature height of 24 inches shall be planted; and - Ground cover plants shall be planted in the remainder of the landscaped area. 1.4.5 Provide private streets and private street signs within the multi-family development. Said private streets shall be constructed as approved with PS-07-008 and ALT-07-020 (see 1.5 below) in lieu of. Provide a public turnaround and turnaround easement where the N. Chardin Avenue and E. Verret Lane intersect. 1.4.6 1.4.7 Provide at least 80 square feet of private, useable open space, such as a patio or balcony/deck, for each multi-family dwelling unit, as proposed on the floor plans. 1.4.8 Provide amenities as follows: a minimum 63,513 sq. ft of open space, a 5,240 square-foot community club house and fitness facility (Quality of Life), pool (Recreation), 5 foot walking trails around the perimeter of the property (Recreation), a pavilion with tables and barbeques (Quality of Life), water feature, plaza area, a community rose garden, a putting green, tennis courts, oval track and open space with sitting areas (Open Space), as proposed. 1.4.9 Building setbacks, separation between proposed structures shall comply with the Building Code and Fire Code. There shall be a minimum of 10 feet between buildings. 1.4.10 As determined by the Planning Director, the multi-family buildings and clubhouse constructed on this site shall substantially comply with the renderings submitted to the City with the CUP application, and Exhibit B CITY OF MERIDIAN PLANNI7~EPARTMENT STAFF REPORT FOR THE HEAR~ATE OF MARCH 18, 2008 as modified by the conditions of approval herein. All roof and wall-mounted mechanical, electrical, communications, and service equipment shall be screened from public streets and properties by the use of parapets, walls, fences, enclosures, or by other suitable means. Further, all buildings shall comply with the architectural standards of UDC 11-4-3.27E. 1.4.11 No building or structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) permit from the Meridian Planning and Zoning Department. NOTE: Multiple multi-family buildings maybe contained in a single CZC permit. 1.4.12 Prior to CZC issuance, provide assurances that construction debris will not blow off of the property by either having a debris maintenance plan or providing temporary construction fencing. 1.4.13 Comply with all of the standards listed in UDC 11-4-3.27 regarding multi-family developments, including Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. 1.4.14 Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping shall be installed. 1.4.15 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.4.16 If the buildings are to be platted as condominiums in the future, the applicant shall construct a 20' X 20' parking pad in front of '7G0' °~~'~° °~°-~~°*°~ the units as proposed on the revised site plan. pegs 1.4.17 Provide centralized mail box locations throughout the development. 1.4.18 Comply with all of ACHD's requirements and conditions for this project. 1.5 PRIVATE STREET/ALTERNATIVE COMPLIANCE 1.5.1 Construct N. Picasso Lane, E. Verret Lane, N. Rousseau Lane, E. Monet Lane, N. Macisse Lane, E. Renoir Lane, E. Voltaire Lane and E. Leroux Lane as 36-foot street sections that includes a 5-foot wide sidewalk on one side, a 2 foot rolled curb, 2 10-foot wide travel lanes, an 8 foot parking area, and a 1 foot ribbon curb. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N Heritage Ave and N Locust Grove Road. The applicant shall install mains to and 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 are 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 conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in N Locust Grove Road, N Heritage Ave and N Yellow Peak Ave. The applicant shall be responsible to install a PRV at the N Heritage Ave water connection at the developer's expense, coordinate size with Kyle Radek in the engineering department at 898-5500. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Exhibit B CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common 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 forms. 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. 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 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. 2.6 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 or non-approval submitted to 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 maybe 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. 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 sewer, water, etc., prior to signature on the final plat. 2.12 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. 2.13 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- 374. 2.14 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. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Exhibit B CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 2.16 Developer shall coordinate mailbox locations with the Meridian 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 Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.19 The engineer shall be required 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 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 ACHD. 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 drawings 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 are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE 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 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 temporary approved turn around on streets greater than 150 feet in length with no outlet. 3.3 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.5 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than %z the diagonal measurement of the full development. The applicant shall provide a stub street to the property to the (south). 3.6 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.7 All portions of the buildings located on this project must be within 150 feet of a paved surface as measured around the perimeter of the building. Exhibit B CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 3.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.9 There shall be a fire hydrant within 100' of all fire department connections. 4. POLICE DEPARTMENT 4.1 No comments received. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 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 (LTDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 6.1 No comments received. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 23-feet of additional right-of--way (48-feet total from centerline) along Ustick Road abutting the parcel. The right-of--way purchase and sales agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit, whichever comes first. Allow 30 business days to process the right-of- way dedication after receipt of all requested 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 Dedicate 23-feet of additional right-of--way (48-feet total from centerline) along Locust Grove Road abutting the parcel. The right-of--way purchase and sales agreement and deed must be completed and signed by the applicant prior to scheduling the fmal plat for signature by the ACHD Commission or prior to issuance of a building permit, whichever comes first. Allow 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of- way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.1.3 Construct a 5-foot detached concrete sidewalk along Ustick Road abutting the site no closer than 41-feet from the centerline and aligning with existing improvements to the west. If a portion of the sidewalk is located outside of the public right-of--way, the applicant shall provide the District with an easement for Exhibit B CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 public access. The easement shall extend from the public right-of--way to the back of sidewalk. There shall be no gap between the sidewalk easement and the public right-of--way. 7.1.4 Construct a 5-foot detached concrete sidewalk along Locust Grove Road abutting the site no closer than 41-feet from the centerline and aligning with existing improvements to the north. If a portion of the sidewalk is located outside of the public right-of--way, the applicant shall provide the District with an easement for public access. The easement shall extend from the public right-of--way to the back of sidewalk. There shall be no gap between the sidewalk easement and the public right-of--way. 7.1.5 Construct N. Chardin Avenue as proposed with a minimum of 24-feet of pavement, rolled curb and gutter on its east side. 7.1.6 Construct a public turnaround at the south terminus of Chardin Avenue. The turnaround shall be subject to the approval of the Meridian Fire Department. 7.1.7 Construct a 4-foot detached concrete sidewalk alog the east side of Chardin Avenue. If a portion of the sidewalk is located outside of the public right-of--way, the applicant shall provide the District with an easement for public access. The easement shall extend from the public right-of--way to the back of sidewalk. There shall be no gap between the sidewalk easement and the public right-of--way. 7.1.8 Construct Heritage View Avenue as proposed with 32-feet of pavement and rolled curb and gutter on both sides. Heritage View Avenue shall connect with the existing Heritage View Avenue stub to the north and align with the existing Yellow Peak Avenue stub to the south. 7.1.9 Install a sign at the south terminus of Heritage View Avenue stating that, "THIS ROAD WII.,L BE EXTENDED IN THE FUTURE." 7.1.10 construct 4-foot detached concrete sidewaks on both sides of Heritage View Avenue and connect tem with existing sidewalk improvements to the north. If a portion of the sidewalk is located outside of the public right-of--way, the applicant shall provide the District with an easement for public access. The easement shall extend from the public right-of--way to the back of sidewalk. There shall be no gap between the sidewalk easement and the public right-of--way. 7.1.11 Construct Monet Street as proposed with 32-feet of pavement and vertical curb and gutter on both sides. Monet Street's right-of--way shall abut the north property line. 7.1.12 Construct a 5-foot attached sidewalk along the north side of Monet Street. 7.1.13 Construct a 4-foot detached concrete sidewalk along the south side of Monet Street. If a portion of the sidewalk is located outside of the public right-of--way, the applicant shall provide the District with an easement for public access. The easement shall extend from the public right-of--way to the back of sidewalk. There shall be no gap between the sidewalk easement and the public right-of--way. 7.1.14 Construct all private drives as proposed, with 15-foot curb return radii where they meet public streets. 7.1.15 Direct lot access to Ustick Road is prohibited and shall be noted on the fmal plat. 7.1.16 Direct lot access to Locust Grove Road is prohibited and shall be noted on the final plat. 7.1.17 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval Exhibit B CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway 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 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter 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. 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. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 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 ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 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 awaiver/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. Exhibit B CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEARI~DATE OF MARCH 18, 2008 C. Legal Descriptions and Exhibit Maps Project: 14-D7-Q57 Date: September 4, 20A7 a-15 zaNE o1+5CR1PTKIN 't'haC portion of tt~e Southeast !/ of the Southeast % ofi Section 31, Tov~9ip 4 North, Range 1 East, Boise lu~ridian, Meridian, Ada County, tdah©, and mare particu~ny ~~ as follows: Commenctr~ at the Southeast Corner of Section 39, the PaBVi' OF BEGttdNING; thence along the Southerly boundary of the 5outhea~'G of the Southeast % of said secLtory Worth 89'47'09° West, 683:30 feet; thence ala9g the Westerly boundary of the Southeast 1/ of ttse Southeast +/, of the Southeast ~ ofi Section 39. North l8)°34'05° East, 5?3.50 feet; thence North 89'4626° West, 661.77 feet to the Westerly boundary of the Southeast % of the Southeast Y. of Section 31; tF~e9tce slang said boundary North ~°3T~" East, 705.02 feet to the Southerly tsaundery of Quenzer Commons Subdivision; thence atom said bounc~ry, South 89'46°26° East, 861.17 feet to tfie Westerly boundary of the Wortt9east Y, of the Southeast +!, of the Southeast Y of Section 31; thence along said boundary. South 00°34'05° Wei, 599.75 feet; thence South 89°4645° East, 661.68 feet to the EasteriY ~oundary of theSoutheast % of the Southeast +~ of Section 31; thencs atom said boundary. South ~°31'D9" West, 729.67 feet to the PAINT aF BEGINNING. Containing 21.810 acres, more or less. END flF DESCRIPTION r~ J-u-B ENfiINEERS, Irrc. Ronald M. Hodge, P.L.S. PP YAL ~~~ P t ~IIl36~ h9ER1a1AN RUHLFC WCiRKS QED51: R1;lH/?Ltt:thc " P:LIEGNO.47.057 RC Mer&Jmn110~87-QS7 Adminlt~5trlpt~slrc meAcii~ R-95.~C EXllll)lt C CITY OF MERIDIAN PLANNI)~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 Exhibit C CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 18, 2008 Project: 10-07-057 Date: September 4, 20!}7 PLAT QESCRIPIION That portion of the Southeast Y. of the Southeast Ye of Sectlan 31, ToWnshtp 4 North, Range 1 East, Boise Meridian, Meridian, Ada Gounty, Idaho. arrcl mare particularly described as folioWS: Commenclrtg at the Southeast comer of Section 31, tfie PAINT OF BEGINNING; thence along the Southerly boundary of the Southeast yi of the Southeast Y. of said section, North 89'47'09° West, 662.30 feet; thence along the Westerly boundary of the Southeast ye of Ute Southeast'!, of the Southeast % of Section 31, North 00°34'05" East, 623.50 feet; thence North 89°46'26° West, 661.77 feet to the Westerly boundary of the Southeast y. of the Southeast , of Section 31; thence slang said boundary North 00'3TOfl East,. 706.02 feet to the Southeriy boundary of Quenzer Commons Subdivision; thence along said boundary, South 89°46`26° East, b61.17 feet co the Westerly boundary of the Northeast''/a of the Southeast'4 of the Southeast+/. of Section 31; thence along said boundary, South 00°34'05" West, 599.76 feet; thence South 89°46'45° East, 661.68 feet to the Easterly boundary of the Southeast'o of the Southeast y+ of Section 31; thence along said boundary, South OD'31'09° West, 729.67 feet to the POINT OF BEGINNING. Containing 21.81fl acres, more ar fess. ENO OF DESCRIPTION Prepared by: J•U•B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. P VAi. 8M 4'k~ ta, r !,1 ~, NtERID1AN Pu[3uc ~ORpt$ ()1=P1A RMHITLK:Ihc P:UEC17tf-07-457 Rt M~idian110-07-057 Adm{~1Qesvipti~~ ~,~ Exhibit C CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEAR~ATE OF MARCH 18, 2008 BEGINNING BOUNDARY EXHIBIT Exhibit C CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~ATE OF MARCH 18, 2008 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to zone the subject property to R-15. The Council fords that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fords that multifamily developments are conditional uses within the R-15 zoning district. The Council finds that future development of this property should comply with the established regulations and purpose statement of the R-15 district. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council fords that a zoning amendment to R-15 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. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council fords that a zoning amendment to R-15 for this site will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The Council fords that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the fmdings listed above, the Council finds that Annexation and Zoning of this property to R-15 would be in the best interest of the City, as mentioned in the Staff Report. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Council fords that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff 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. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Exhibit D CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~ATE OF MARCH 18, 2008 The Council fmds 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 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 fmds that the subdivision will 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, ACRD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. 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. ACRD 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 of which staff is unaware. 6. The development preserves significant 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 maj or importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of maj or importance of which staff is unaware. 3. CUP Findings The Commission and Council shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Council fmds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. ~e~=ever-~Te~ ~i#~tal~;-, ~~d r~#l~tin~~11-ri~x~al~ + t ,.• t~e;,, t• a •.~,. o e ~ a r b 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council fmds that the proposed use is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the e~sting or intended character of the Exhibit D CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAR~ATE OF MARCH 18, 2008 general vicinity and that such use will not adversely change the essential character of the same area. The Council finds that the proposed multi-family development (as amended in Exhibit B) should be compatible with other uses in the general area and will not adversely change the character of the area. Staff recommends that the Commission reference any public testimony that may be presented to determine whether or not the proposal will adversely affect the other properties in the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval in Exhibit B and constructs all improvements and operates the use in accordance with the UDC standards. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Please refer to the comments and conditions prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Company and ACRD in Exhibit B. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. The Council fmds that the applicant should be required to pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. The Council fmds that the proposed uses should not create excessive additional costs for facilities or services and should not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The Council does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. Staff recommends that the Commission reference any public testimony that may be presented to determine whether or not the proposal may cause health, safety or environmental problems of which staff are unaware. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEARI~ATE OF MARCH 18, 2008 4. Private Street Findings: A. The Design of the private street meets the requirements of this Article; The applicant will have to certify that the Ada County Street Naming Committee has accepted the private street names. The design of the streets meets the standards as set forth in UDC 11- 3F-4; no gates are allowed. Roadway and storm drainage shall be contained on site. B. Granting approval of the private street would not cause damage hazard, or nuisance, or other detriment to persons property, or uses in the vicinity; and The Council does not anticipate any hazard, nuisance or other detriment from the private streets if they are constructed and maintained as designed. C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The location of the private streets does not conflict with the Comprehensive Plan and/or the regional transportation plan. 5. Alternative Compliance Findings: In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR The applicant is proposing to construct the private street with an overall width of 36 feet. The applicant has worked closely with the Meridian Fire Department for their approval. Fire has given their approval of the proposed private streets with the allowed S-foot parking lanes along one side of the roadway. The Council fmds the construction of private streets meets the intent of the City's private street standards of the code. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Council fmds the alternative compliance does provide a superior means for meeting the City's private street standards and provides a single family ambience to the development. A typical private street section for a residential district is 24 feet. The applicant is proposing a parking lane with 5- foot attached sidewalks along one side of the roadway. The proposed private streets are identical to the ACFID's reduced 29-foot street sections. The overall width of the street section exceeds the City's private street standards of 24 and 26 feet. Therefore, Council is supportive of the applicants request for alternative compliance from the private street standards. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Council fmds that the proposed alternative will not be detrimental to the public welfare or impair the use /character of the surrounding properties. Exhibit D • • ~arcl'1 28, 200$ MERIDIAN CITY COUNCIL MEETING April 1, 2008 APPLICANT ITEM NO. S-H REQUEST Budget Amendment Departmental Transfer from City Clerk's Office to Mavor's Office for Personnel for ~95.D4R_(~ 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 properly of the Cffy of Meridian. COMMENTS See affached ~~ n m m 7c Q ~, cp• T ~ ~ j 3 ~ ~ ~~ ~~ `, c. `s. ~ o ~ ~ m ~ n~'i ~ ~ n, o ~ ~- ~ n~ s v ~ ~ ~ $. ~ m ~ c o ~' ~a~ s g ~ ~ o c~~.~=~ a m ~ ~ ? cam' ~ ~ O p W .~T O 5. > >- m -n o m ~ .ZI C7 ~ m m °' ~'~ ° ~ n. ~ c~ 0 o CD ° o ~ "17 --. VJ -O "O C~ ~ O O 'O "O ~ ~ ~ ~ C ~ n. ~ N ~ (n ''~ I ~C5 ' ~ ~ D -' t' P® ... ~ ~ ~ O ~ ~ ~ ,~~' ~ ® p D ~ ~ a s~ ~ 3 m ttt ca ~z 0 C O d (D Q O C .d °< v N O ~ " 9 : ~ ~ ~ ~i ~ D ~ f ~ ° , ~ ~ ~ ~ a c N m 7 t Q C b`1 N fD W O A D '~ 0 a o. a 0 d 0 O ~. m Q W N o~. H 7 d m °~ ~ d C~ m d ~ co °Q m co .~~~ d '~i i y .~. ii.'~ • ~~ ~ O~ `ti . ~,~ '~ .~ l111I1f(j4{itt c N ~w m m ~ m ~ >;v ~~~~~~ ~>>,c~w y ~~ a~ ~ O, C O ~ G.~ .O N m ~ "O y d ~ O .~ C m 7 K N C~'f d K?=~ a(>> ~~ ~ O Q. 7-'C_' C) d O Iwo cow, C, G ~ O N 3 ~? ~?c~i ~~~ ..~ ~ynri' ~ (p y. V! C ~ 7 ~ ~ ~ ~ ~ bJ O 3 ^' cu ? ~ y O O ~' p O O_ = ~ ~ m y ~' ~ cam' c ~ m a ~• c O O O N 6' O ~ d 7pC" ~ C ~ ~ y 7 X O C7 '~. 'B „pe m C ~ p ~ N~ `G m ~' ~ o a~ o m H Q ~~ O m '-h fn ~ m 7 m O w a p=j' O o Q. ~ o v m ~n o~ ~S m m N a ~. Q O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O, ~ ~ ~ m ~ ~ ~ ~ ~ P x 2 ~ ~ n 9 ~ P aD ~ Q9 ~ ~ C ~ ~ ~ ~ ~ a 3 o m ~ = g m ~ w ~ r - ~- ~ D o ~ o cc n p ~ N f/~ ~ ~ ~ O y N n N C ~ ~ ~ N ~ ~ ~ ~ ~ ~ m 7 ~ W O -„ ~ > > - - a C m I A ~ 3 'o ' o a c ~ (Si ~ _~ ~ - --. CtT ° ~, ~ ~ r-; ~ O t. iv ~~ ~7 -_ !~' N i N t0 i - d3. .A „ . OJ [s; (.~ uw ~I ~J N rt ~ W C7~ ~. ~ ~ ~ ~ m ~ ~ ~ Z ®. ~a m Z -I z m -Ow C 3 m mO=ZQ G7~n ~ ~~mo ~ r z ~ p n yDm u'yrrm--zi 1mr" ~T~ Z ~ ~ ~ ? ~/, ~ N m 7 0 (n C O 7 .~ O .~i~ y m °, m d 7 d ~~~~-3 ffJ fN < W O O ~~-o°~ ~- mm~~~, ~ ~ ~c m C~ 7 ~, d O ~ N ~~ 7 'i ~.m rtd O C O m -+. m 7 8 ~ ~ v 3 ~ ~~ Vi 7 7 ~ ~ n m ~ ~ 3 ~ o ~m ~' ~~_~~~ n N y ~'(p <D O y. ~ ~ a~ C O Q' p p • C p y N ~ ~. ~ ~ ~ C 7 "~ C ~D ~ ~ a~ ~ ~ v ~ ~°:'g~m ~ ~y ~~ ~m ~ ~ p ~,YDm -ti (A ~ y O y ~ 3 N N O m ~ N n ~ ~. 7 .~ y N G ~ d ~ ~~ m ~n v p 7~ ~•7 f~/1 ~-° ° o o~ a W ~ ~ m O p ~ O C "' .~` ~ •~ 3o'd N 6 y N ~ 7 ~ C 'O n„ ~. lD p p ~ a-~3 ..,, ~ ~ <D o p a .~, C "~ ~ ~„., ~ M ~ a 3 ~ .n~~o. ~~~'~ '"' c (cp n m ~ a n -, N ~ y ~ y y C y C ~ ,yi. c~ 'o co O n p p ~ C 3 "~ O m d ~ .~i• y ~ ~ ~.ac~3,~ m ~ ~ m m m ~ y ~ ~ fn ~. ~ -~ ?. ~ t7 n O C <. ~ p m ~ O O N C Q' O ~ y n m ~^ v ~+ w ~ w ~~ 7 -~ ~y` a co 0 m R m N N N N O N N O N O N W F+ ~ U+ N O O W ^' N l0 O m~ o m~ a° ro a s Y m ~0 x H~ n m n n ~ ~5 ~ m ~ ~ w ~ r °n N W N N - W 7 N Fr+• b ~ b G f0 G L•1 O M 9 W C 'O N J f/ 0 W ~ W N O W N C M G om ?1 W ~ ~ ~ t ' h' p t" ry H m W G ~ [rotl % H m N ~ Gl ~ m z a m ~ ~ (~ N r n 0 N H W N 7 W N W N t+ V ~ N N W J W J N ~ rt ~.+ J t~ , O N O O m F, r W 00 00 p Fx.. n ~ ~o 0 o r w o o to o ~~ N O O O J J ~O O n G H N r m0 A N J N t0 01 0 W ~+ N G rt m m o ~ ~o wW o ~-+ w o ~ ~' m w m w F' m O N J • w IJ o W F• N o O1 o O Ui U+ M A N N J N W J W N O N N 61 W a N J W J J Ja O NW T ~'' N W FG+ a N ~ N N N ll~ N W ~D ~9 N N W Ol W rt Ui m W W N~ J J N O N W ._, w .p b W M .-. ~. ~ W 7 ,4s .Jp J N .JC. J O J N ~ r, N rt N W O W ~ 0 0 G rt W W .P O N N O Ot N O O y ~ ~ ~o r ~ a, ro m ew m ea a> ~ m ~ ~ O Z .i ~ c. W 3 N CCf 61 ~ ~ O .~ .-. .~ ~ .p ~' ~ m w p m o m °W x m ....~ W ~ o m~ m a m m P ~ Qm J tD O t0 N O ~ Q1 y N O 01 N O LL ry-~i• ~/l ~l N O N W O1 N a K ~ N O~ N N N G ~j a r ray J tT iP W N` ~ O p ~ 6f N J N N N W N, µ 1 I J N NO j N lU T a d W O~ N O _ W w r~ r W N b' 7' e ~p N O~ O W J N ~ ~ 1('~ W O N 0 t0 J F^~ W O N N O t0 ~ ~ O ~ t In 7~~ N N G a K (`~ N N O ~ V O O W ~ ~ i s ~ N O {li W O O O n ~~_ r y a N r N o W 4 °° N F~ W N ~1 W (S S ~ m N m~ A a W W (1 p \~ iP "r1 p~ tp O N 61 J J W W ~~ f H a W N N N I I Wp, M H (~+ m cL ro k ~• y O r C+7 x ro th z d H Q O N l4 O W (P J J N N N N fJ r m O W O Ol m ~P iP J v F-` 0l0 l0 l0 m Ol 61 Ol C71 ill Cn U'i CI1 (Ti [n Ui tP (T~ (J1 U'~ Ui C3~ Cn N Cn CI1 ~ ~ iA l0 l0 O l0 J J J J J J 01 Ol 61 U1 ~P. .P. W W W N N W N I--` l0 l0 H N U'~ N N N N N N N N O N N m N N N W O O O N O O O O O O O O O O O O O W N O O O O O O O O O O N O O iA W N O N O N N O O O N Ol U1 N O a s ~ o ~ ~ m n y y y m m o m ~ w m m G `~ r s r t r s ~ n c C ro ro ro ~ m a r• a a a ro m r m r o n m m ~ x m rn r• r- ~ G n m r• G C C C ~ rt r rt a ro p n n r• r• N w rt rt o p m - ro rt m m a o r• ro a ro a r• rt n n m ~ a a K rt N r ~ r• r r r ~ G x W #' In rt y C1 ~' r (D I~ r N (D N W fD G lD ~q O (D O m G O o (D lD I m m a o n ~ I I I a o p r• rt e p ter I 1 C] rt p N rt ~ [] N a+ fD o (D r• rt 3 ~ GJ x p a H fD p b7 b t~ H Cn x C O H a (D a ro rb ~ m .o p ~ o m x r• m o n m ro ~ 3 a a, m r- w ro m m ~ r. n ro e m m p n a a ~ m x a r o' o a a m x ,t a ro w m o O. w p w G ro r• ~ t~ G rt r• m n r• p, G hi ~ rt r- d r• m G m (D r (n G x rt N r{ lD y y rt n ~ y rt m th ro a o r• o ro a m c r- m rt ro r• o H O H H O r• O x C F-' ~q (D ~q O ly to G hi G CD O a Z rt o m o rt C r• ro t1 ~ 9 h m N w C r• o ^ ] O a o rA G a m a m r a, ~ rt ~ p rQ r• m m m ~ ~ r• rt ~ rt c r• ~ w y o ~ x m m ~ ~ H ~ r• m ~ r ~i2 rt rs ~ m r• O C1 (n a O ~ O (D a s h r• a I Ul 'J (n a ~ ro a o rt a a o r• rt ~4 p y ro C9 n r• m C 7 G N m O ~ r ¢ k ~ a ~ t n G G C O N y ro m ~q ~q fD a r rl ~ ~ ~ z . O L 7 m rt G m w rt n ~ r O ~- a cn 'G H W N N J N W U1 N W iA F` N N U1 N O m 1--' N N U1 O N N W J O J .A N O W N O O O O N O (Ii O N O fJ~ fJ1 O (P r o r cn a o w o w o 0 o w o J o v, 0 0 0 0 0 N O N N O O O O N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N (T N W ~ N N N r` r' F' Ol l0 J J H H (J1 J ~P iA N l0 l0 m N N N N N iA N m 61 F-~ W .P l0 ~P W N Ol ~] Ol N l0 Ol ~ O N W O 61 O N H l0 N Ol N J N J O O ~P N l0 J m J N O (J1 O l0 O m O N m Cn N O m O m N J O O ~ J .P N m .P N t0 N O m O (Il O Cn J N N O N O m ~ N O O ~ O1 (T (!'i O m m J O O U1 O ~ O ~ W CP W l0 N (!~ N N l0 Ol N W O N J O m N t0 O N .P iP N O O W J W J N J Ot iP CJ~ (J1 W W W N l0 O m 01 W Ul 01 J 61 m O Ol ~ 61 iP N Ol O W O tD .P O O O N t0 N J N N O iP N t0 N H N m l0 iP O O O N O J N ~P Ja O 1--~ O N .P N O O Cl1 J .C. ~] N U J O (P O N O ~P O iP N m m O m O N Ol l0 O O iP Ol (T ~ O N N W O O N O Ol O Ol J r~ N r m t0 m N Ol O N l0 J N J m J O W m O Cn 01 O N O O Ol O Ol ~ O Cn O O O O N l0 ~ J .P O m O 6l O l0 61 N N O N iP N m N O O O O O m O iP m N m O O O N O J m N N O F-~ O N N Ul O O O O O W N J J O l0 O N O l0 O (Ii l0 010 010 d0 0M 0M oP aM o10 010 010 010 do 010 al0 0l0 010 010 010 0M al0 M o10 010 0l0 a'A ol0 r w c w i w J iP r G rT ~ 7d t~ ~ m ~ ~ z H rt C+C7 K ~ ~ C ~ [~ ~ z c m r N 0 0 0 0 0 0 0 0 0 0 0 0 r r 0 0 m m w w 0 0 O O 0 0 m w w w 0 0 0 0 0 0 m m w w 0 0 ao a~ i tD o m H H N a tD 0 M m w C_~ rn cn cn cn cn cn .c ,n a o a ~ ~ a r N N r a r U~ N r r W O O N m O O O O N O N N O O N O O r O O W r O O o ro ~ m ~ ro o H w ° r s o r- ro m m rn ~ r rt ~ N• x, ~ m a C rt O W rt n (D Ul rt N N q O O r N• • ~ ~ U i ~] O rt iR N 'J CJ - G y 'C ~ [] N- k ro a ~ te m 'a m m o m r - ~ ~ 'o r ° R~ ~ k m ~ ro ° z z L] H O t9 G w fD b 0 Z O =z O O ~ b t r 'tl ~ m . 7 c~ ] C r z ~ ~ w ro m ~ n ~ m n r n r ~ ° p - y p ro m a n a w r• i r+ ~ ~ y ro c n y ~ m n ~ ~ Y ~ W ° c n ~ u i C r r , , th ~ N W W ~ ~ U m ~ rt ~ ~ a n v n ~ o H y ~ ~ ~ ~ v r N r w ~ ~ W W G (D W 5 m r N cn o u, o r o ,. 0 0 ~ `Q a ~. rt rn cn rn cn o o 0 0 0 0 o m o 0 o p. rt ~ N• 0 0 0 0 0 o 0 cn 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ ~ N. ~~ 0 0 0 0 0 0 0 0 0 0 0 0 0 o m~ n G C] h G m :° '° y n G ~ rt r a r ~ r a i..., F. O rt ~ ~ o 0 o a o 0 0 0 0 0 o cn 0 u, ~' " ~ G (p o o O o 0 0 o O IIO IO o O O o rt ~C G m ~~ 0 0 0 0 0 0 0 0 0 0 0 0 0 o w w r rs x ~ ~ ~-' ~ w ~ ~ z m ~ o o v+ o cn m r o r r ~ a m N N O O O cn rn o o o N by r• G r r o 0 o m cn o 0 0 0 0 v, cn N. G N• ~q o 0 0 0 0 0 0 0 IIo l 0 0 0 0 o N. ~4 ~~ 0 0 0 0 0 0 0 0 0 0 0 0 0 o G m ~• m rr m m n x a m 0 0 o o o n lv ~o ~o m ~,,~ ~,,~ N~~ N- G] ~t v o 0 o to o o ~ ~ ~ p- rt N- ~ ~ ~ 0 0 o m o 0 m m ~: ~ ~ p m o io ~0 0 0 0 0 0 0 w w I m o w rt r+, ~ ao n er m ao ~ ~ IIo I o 0 o ao ,n ,q r ~ r • . a.n o ~ ~ w ~ ~ ~ l0 O J J N r N N r n ~, l0 r N r N W O O N h N ~ N r J W O O O N O O O O N r O O N W N r O O O O O r O q !~ O O N O O a O ~ N G ~ O r~i N ~ 3 M O O ~ UJ n ~ 'O r (D (D rt r I-h N• FS C] ~ ~Q Ul N• fA ~ Hl ~~-' .G`t. K ~ ~ N H ~ N rt a G n r r• m ~ i m J ~.~' r 5 m N- m a rt m th H N [~ o ~ ~ 'C ~ ~ ' " N C C ~ N ] ' 'v O . C C+7 ~~ 7 ~ ~ i7 Q C N a ~ ! y [7 H CJ [] N (D Z G i7 ~' N "y ro ° 'o ' 7 ~ ~ ° [~7 ro `~ ~' z r r r t - w ro rt ~q ~ z ~ ~ ~ y o ~ °~', C7 N ~ Z a r m G ~ G r~ ~ % d ~ m m N G p ~ ~ Cl y ro p a• ~* y ~ ~ o m m ~ ~ ~ ~. w ~ ~ ~ c ~ c m ~ ~ W N O [~_] ~ ~• ~ ~ m t i~ H Z V] H ~ H v z F-{ ~ r z c~ o ~ ~ o ~, y y m W O H r ~P r iA U1 N Cn r ~ ~ r r O O O O U~ O W N N ~Q 5 (p O O O O N O r O p~ m r O O O O O O O O rt O O O O N J O O O O O O O O O O O O ~ O O O O O (P Ui O O O O O O O O I O IO O O ~ ~£+. O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 rt rt o 0 0 0 0 0 0 to ~ ~- C] G ` F, r H ty ~. m m r r cn r (T r C71 o O W Ol U1 m ~ '~ rt ~ N l0 N J m ~ N J N l0 r O t0 l0 O Cn O J O Ol O O O O (] O O O m m CP J ~ ~ o ~ o ~ o ~ o l o 0 o rt .~ N c r+ w w v o o ~ n i o ~ H H r r N N .P r (n •,b r r r m m o ~o cn ~o w r ~ O O .~ r N N iA O ~p O O O 01 •P O O W O N O iP W O O O O a py J J J W J W p~ W W O r O m O .A O O O O ~ ¢ f+. iq ~p m ~p m O O r W m Ui O O J O l0 l0 O W o r o (n O o 0 0 ^,~ ~p o o O r N O r W rt ._. .... .... 'A m r r ~ n r N io ~o m io o ~o o J a W N o r J r w r r o m o w o r r- G G o o rn m m J J O N O N O J ~ rt N N N O r O m O W . • O ` ' m O Ui N O N of oW of 01 al d of of IIO I O O O ,y N O ~ O O J ~ N l0 iq rt M of olo alo oP do oM oM March 28, 2008 MERIDIAN CITY COUNCIL MEETING April 1, 2008 APPLICANT ITEM NO. S-~ REQUEST Budget Amendment for Community Development Block Grant for the Planning Department for $237,789 AGENCY COMMENTS CITY CLERK: S®e affached 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 C(ty of Meridian. n n ~ ~ ~. `° -rt 3 ~ ~ $ ~ ~ a ~ ~ m v ~ m ~ ni n o 1 ~- ~- v a m f v v - o m u, °< 9 m ''S ~ o. m C7 n ~ o ~ o m ~ ~ m ~ [) fD N_ ~ m~ ~ m m ~ v ~ m °' ~, ~ ~- o ~ f m ° ~ ~ =~~'CD ~ m 5 W n~ ~ ~ o ~ o ~ a~.~ ao T ~ ~ ~ ~ ~ ~ C] Vl V ~ N n• ~ ~ ~ Oy 0 N 0 O c 7 n ~ I °< v Q ` ~~~` ~, `` r Y'A Z ~ 5 ~ ~ ~ l .~, ~~ ~ ij i +~ '~~~r~,. ~ ~ I ~ ~ ' ~ -p '~ O C1 ~ ' m F' ~ D `~ M i~ ~ ~" y ~ '~ ~ y a c N ~ _~ O m a c ' to m y N W y V cD o ~ n ti v fD v m ~_ O m A s O .~ (~ a 0.J n. 0 m 'o 0 41 °' .ti cg ~ ~, ° d ~ m~ mo m S` i `z ~s_ o ~~ b~ a~ ~` ..t~`~e`a ~ ', ~ c~ 0 ~ ~ a °°~ ~ 1 p s ~ o ~ ~ ~ 0 0 ~ ~ ~ n ~ o ° m A m Z o m ~ . .. ~ m ;0 N C m ~ ~ <o N W N C.J ~. -,1', ~ ~ y ~ u>: o0 N 3 o. m O m n ~' ~ O ~ ~a-mm m ~ o n ~ 3 ~ ~ ~ ~ ~.~ m v to °-° =' N O d N O ~ °~ ~ a~~~ ~.~ ~ ~ v° ~~ ° a ~ N 'p tpq (D m ~ m a 6 ~~ ~~ aW N O y v > > ~. ao CO ~ o c m 3 °. _a x° ~~pa O N ~ o.~ ~ t7 ~ y -~ f/1 mac' -I ~ ~y~m' ~ cc °. a ~~~~ a ~ •°' ~- y ~ ~°o ~,~o 0 v~~ o ~~ ~ O n 0 N' O' ~~ u~ cn v II o m w g~°3CD o m~cy oo~~D ,cY m sr', n y O O ~ 01 ~ ~G)~. ~' ~ 3 m ~ ~ ~ m 7 O f%1 `gC N y ~ S. 8g~-, 0 8 ° ~ ~•~ c. ". ~ ~ o ipo~ ~?m m c ~° 'o a ~. n of m ~~ ~~~ ~ ~ ~~ ~m~° < $ N. ~ o- m m~01 y ~ ~• w o' ~~~ -, ~ ~ ~° ~ f° c ~i~~. pf ~ 7 ° o fl. ~ .~ a~ a c ° ~ d g ~'~m m ~ ~ 0 ~ ~ ~ m ~ ~ ~ .~ as av as ~* CD ~ rya ~ ® tw w ~ ° r~ ° na ° a 4 '' ~, ~ ~. o ~ O gy °n ~~ X 47 w W w N n s a pp ? O ~- O ~ .a ~ M H 0 y -- t N m ~ ~ ~ -n c p m ~ ~ m O ~ H ~ ~ D o ~ ~ ~ ~ ~ n W l1 3. ~ ~ O ~ O ~ C~ O ~ y ~ o ~ ~ ~ m ~ ~ ° ~ a c m v>l I ~n' v~~ u~ er,i I -~ O O ~ C y w ~ a ~ Z o G7 ~~~z m~ cc~m~ z~ 0 v~~~z ~m z fn ~ ~ 7' O: ~ ~ G = ~ ~ N 'y0+ ~ N ca~iom~~.~.~~°pov -~O n ° ,..,. ~ v '~ chi o ° m a• _. a~.a~ m my m $ ~ ~ < ~ m ~.° ~ c"o ~tD (O ~ N ° 7 N p ° (O o ~o ~_~v a~.y m ~p 00_0 0 ~ y y. to p~ 0 :, O ,~, c L'T fG N ~p ~ ~~~y r y a~ m ~ ~=^~D n. o ya_°:~ o ~ m~ ~ <_ d ~ Si' ° ~ ~ a .p c~~ a ~~ ~~ f q• N N ~ y -p C =n d a° ~m m ° ~ ° v ~~~ v m n ~ ~n ~ v° o g~.~ w voi p- m am'~~~ 8~8~ 3~.vfD~ ~~_~ ~ ~~ gcc °' o m ~ c m < m •< ~ m, ,. g a o fD~5i~•' a~~'c~n ° }~~ m 3 < ~ m ~ o m am ~ mcp.~ 3 ° »o tea' gam co ° mvmmm CD~n~~ °' omosim3 ~~coio c ~ m a~~~~s ~°~mo, a ~~~'8~ o~ y. ~ rS ~ p ~ ~m °,~.H I®~~~ m~~~6 p .~ ~ ~ 3z m ~ "~ O' '11 C ~ o -o ~ ~ ~ ° O .~ ~ ~ .~+ ~ ~ ~ w m d m o ~ ~ ~ a ~n fa T ~ d = .~-. ~ ~' ~. ~o. ~~ ~~ yo =d a° a ; ~. ~;~ ~~ ~~~~~ o ~ v. < v ~ o n ~ o N 3 ~ C7 (D ~ N ~ m~ ~ m m m ~ ~ c 0 0 g, ~~~ T m ° ~ n m ~ ~ o ~ ~ N a ~ C7 ~ o ~ o o ~ O 7 ~ '~D '~C C~~7 ~ ~ O O O N n. ~ d N y v ~ ?~ v 0 -„ C7 o C > ~ n7i 0 0 ~ ~ ~ > a v m ,~. v p° o r m 3 m 0 N _ ~ ~ v ~' C7 fD N ~ v o 0 m m m ~°i ~~ -9 ~ ' g a ~ V r~~ o ~ ~ ~ ~ ~ ~ ® ~: ~ ~ ~_ ~ p ~ ® ~ V=1 ~ ~ ~ ~ a 0 ~ ~ m Z a cn ~ .. ~ v W N 7 C .. N ~ w o ~ m o ~ n N Bey ~ ~ ~~ ~ d ® ~ - .~ ~ o ~ y a c N V~ a ay . m k 7 a M c yy N N W O Ul .P mtD~~~W ~ < m m v m ~ o C~c y 'D '~ N ~. ~ = O O ~ (p ~ ~ 7 fD Ul ~n a~~ o ~ of o ~~°~oyo a~-,~~w ~.~~~~~ O' L; ~ Q, No' ~ °c ~s fD -p fn fD &i d m ~ m aao fD ~ ~` !~ (D ~. O. Cj 7 Nij• ~f (p N O O d ~~~ n~ ~ _~-~~ mmfD~ ~ o ~ y m ~ °.a~ m ~~ ° Q' ~ o m ~ ~ :-• ~ am ~ n m m d c S O ~ O N -I ~ n ~ ~ y O ID fD fD (O -O~n d L~ p~ N ss ~ S. d a~~ ~ m ~ v. ~ o a ~' ~ ~ ~ m v~ o d a ~ m ~. n •2` ~.~ ~ ~ b-o~ o yCC3 fD CD <~ C y O O ~ lD ~, N ~3 ny oom~ cc L7 t0 N Q1 O m m ~ ~ agFi''c m ~°-, ~ ~. O O y N 8 C C 3• ~ n n ~ -o ~ g ~ ~ 3m co c~~ a CDm~:~ ~~°~ °' m ~° v ,. < ~ y_ ~ Q f0 fD ~ ~ N ~ 552. ~ tnm~ ~~ ~ ~ ~ c N ~,3~ Q°arn o~ a°;.~ boa d~~ m ~ ~ N ~ ~ fD ~~~~ a~ ~ ~ ~ to ~ ~ ~T9 v~ 3 m ~~ nV `.. WkNf4j . ~,, ~ ~~qFy .~ ~: P~ x tl x ca+ yd' V y~ °rQ*4 ~`oa OFFICE QF FIELD POLICY AND MANAGEt~fENT February 21, 2008 ,r ~i~a~~~. ~~ . ~ ~s w.,'°~ L'.S. DEP.~R774.~ENT OF AOI.ISII4G AM3 URBAN DEt1ELOPPrI);NT BOISE MELD OFFICE • REGION 80U HARK BOULEVARD • SUITE 220 • B015E, ID 83712-7743 PHONE: (208) 334-1990 • FAX: (208) 3349548 The Honorable Tammy de Weerd Mayor, city of Meridian 33 East Idaho Avenue Meridian, ID 83642 Dear Mayor de Weerd: SUBJECT: Program Year 2007 Funding ApprovaUAgreement °kr ~. ~ . f~'- ~. a otz ~ 200 ~ ~ z~ t~~ I am pleased to inform you that HUD has obtained congressional release of the city~~'2;, , program award. This letter now transmits our FY 2007 CDBG grant agreement in the amount of '~~?~4'r the previously approved 2007 Action Plan. Please execute all three of the enciased CDBG Funding ApprovaUAgreements with an original signature and date, retain one copy for your records, and return the others within two weeks to: Daug.Carison Director, Community Planning and Development HUD Portland Field Office 400 SW 6'~ Avenue, Suite 700 Portland, OR 97204-1632 Please note that HUD's previous approval of the action plan does not constitute a deternunation that the activities are eligible and meet the statutory objectives of the authorizing legislation. The city is responsible for ensuring compliance with program requirements. Please also be reminded that funds may not be obligated or expended for activities that have not received enviranmentai clearance, as required by 24 CFR Part 58. Please be reminded that Meridian's Consolidated Annual Performance and Evaluation Report {CAPER} for 2007-2008 must be submitted to the Portland Field Office na later than December 30, 2008, 90 days after the end of the city's Pmt Y~'• www.hadgovfalaho espaoai.6ad.gov • 1 We look forward to working with you to support your ongoing work to meet the goals of the city's 2007-2011 Consolidated Plan and the 2007 Annual Action Plan. If you have any questions about the enclosed conunents or need technical assistance, please contact Murrianna K. Thomson, CPD Representative at 971-222 2621 or via email at Mian~za.KThornson@hudgou Sincerely, Martha Dilts, Acting Field Office Director Boise Fie]d Office Enclosures ~~: >r ~~~-~~ ~~~~~~~-~~e~1~~~s~l•1~o~i~ . Te1ie l of the i-lousitag acid Corntrsunity Devefapment Act (Public Law 9303831 HI-00595R of Z0595R of Met7dian, Naha :'s Compute Address (as Shown 33 East Idaho Avenue Meridian, ID 83642 U.~. Depai^tnvant crF Hoaasing and UrP~rt I]earelcaiartaan>t Office of Community Punning and Deveiopmenf Community Develo{tment 61ock Gram Program g2-60ao22s 5a. ProjetdlGrant Na 1 B-07-MC- 160006 use of tunds may begin fyyyy) 10/Oi/2007 Grant Agreement: This Grant Agrewneni between the Department of Horsing and Urban Development (HUD) and the above named Grantee is made pursuant zo the authority of Title I of the Housing and Community Development Act of 1974, as amended, {42 USC 5301 et seq.). The Grantee's snbmissiorts far Title 1 assistance, the HUD regulations at 24 CFFt Part 570 (as now in effect and as may be amended from time to time} end this Funding Approval, including any special conditions, execution o~ e A ereeritcnt b h Subject to the provisions of ibis Grant Agreement, HUD will make the fintding a~sistarice specified halt: available to the Grantee upon g Y parties. The funding assistance specified in the Funding Approval may be used la pay casts incurred after the date specified in item 4 above provided the aatvities to which such costs are related are carried out in compliance with all applicable requirements. Are-agreement costs may not be paid with funding assistance specifred here unless they are authorized in HUD regulations or approved liy waiver and fisted in Cite special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the suet~reci~ip em «uides to tivttichiit~ma~kes f Hain ~~ p,~-~I~~ tP ? aCFR Part 58. The Grantee funkier acMowledges hs responsibility for adherence to the Agreement by Carlson and Date {dreck only7lne} - - --"-° --•._."'.' °~- ~~ ~ ~~~ naarvaa aurmua~pn tu. ir~t orte (check one) a. EnStlement, Sec i0ti(b) ®Nane i~~yYYY) OS/i0/2007 ®a. Orig. Funding ^ !k Slate fidmin~tered. Sec 106{d}(1) ^ akudted 9b. Date Gcas-tee Notify APAroval ^ c.HUD-Administered SmaO Cltus. Sec 706(d){2n6) (~d~YYYY) O 1 /15/2008 ~ b~A ~ ~~f~~ ^ d. Indian CDBG Programs, Sec 108(ax1) ~ Die Of Start at Program Year ^ e. Surplus Urban Renewal Furrds. Sac 112(b) (m~~!'YYYI 10/01/2007 ^ f. specrai Purple Grants, sec 107 11. Amount of Corrumuiiiy Devel>pment Block Grartt FY 007) FY ( ) Fy ( ~ ^ g. Loan Guarantee. Sec 108 a. Fut~s Reserved fdr IItls Grantee $230,544 b. Funds Hour being Approved $230,544 a Resetvadon to ~ Canceller $0 11a minus 11b 72a. Amount of Loan Guarantee Commiarrent crow being ApA~ 12b. Name and ouriputa Addre~ of PubUc Agency Loan Guarantee Acceptance l'trovlsiarts for Designated Agencies: The public agency hereby accepts the Grant Agreemrart executed by tite Deparment of Housing and Urbart Development on the above date with respect to the above grant number(s) as Grantee designated to receive 121: Name afAuthodzesi OffTdai for D loan guarantee assistance, and agrees to comply wilt the terms and esignatedPubIIcAgancy conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertahring to the 7flla assistance provided it Signature HUD Accounting use Only Batch TAC Pr~ram Y A Rag Area Dotarmatit No. Projtrot Number Etlective Date ~~rl' AtnouM {mmiddlyyyy) F ~,~~ m~~ao~® ~ Y Project Ntttrdler Amount Y Pro Nu bar Amou a Idaho of Meridian ~ ~ ~atllv~9~~a~ .~.p~p~~t~~~~f~~~°t~~~Tt~l~~ Title I sat#ha Hausirrg anc8 Camrrturti8y a Development Aci (Public Law fl3O38sj H1-00515R of 20515R 1. Name of Grantee {as shown in item 3 CityofMeridian, Idaho 2 Grantee's Complete Address {as shoo 33 Easi Idaho Avenue Meridian, ID 83642 9.9.5, Depatfrnen# tvC Housing and Lirl~ara i3eveioptnen# Office of Community Planning and Develaprrrent Community Revelapment Stack Grant Program 82-6000225 Tax ID Nrnnber i. r~r~CiiGrant Rio.1 6a. Amt B-07-MC-160006 $23 funds nray laeg6 10101(2007 Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Titre 1 of the Housing and Commtmity Developmetrt Act of 1474, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Titre I assistance, the HUD regulatioru at 24 CFR Part 570 (as now in effect and as may be amended fmm time to time), and this Funding Approval, including any special conditions, constitute part ofthe Agreement. Subject to the provisions of this Grant Agrearren; HUD wilt make the funding assistantx specifed here avaHable to the Grantee upon execution of the Agreement by the parties, The funding assistance specified in the Funding Approval tray be used to pay costs intarrred after the date specifted in itean 4 above provided the activities to which such casts are related are carried out in compliance with all applicable regoirerr-ents. Pre-agreement casts may not be paid with fundmg assistance specified here unless they are aetthorized in HUD regulations or approved by waiver and listed in the special canditiorrs to the Funding Approval. The Grantce agrees ro assume alt of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(8) of Title I and published in 24 CFR Part 58. The Grantee further acknmvledgcs its responsibility for adherence to the Agreement by sub-recipient entities to which it makes fundinS assistauree hereunder availahle. u.s. Department of dousing and Urban Development {lay Namej Grantee Name Doug Carlson City of Meridian, Idaho TIBe ~ Tale .., ._ Direct r ornmun' Planning and Developmet~`t Mayor, City of Meridian Signature ~ Date {mmlddiyyyy) Slgrrehrre Gate {mmtddtt'YYl'I 7. Calory t Ass or this Funding Action {tdreck only one) 8. Spedai ComiBions {cheds orre) 9a. Date IiUO Received Sutrmiss~n 10. check one Entitlement ® a Sec 106{b) ®N {mmrddlyyyy) O8/i 012007 ®a Orig. Funding , . ~ 9b D G A roval ^ b. State Administered, Sec 106{d){t) ^ Attached . ate rantee Notified pp Amend ^ b t ^ c truo-Admin smart cities sec 1os{d?CZ}i8) {mmldd/yyyy) 01 /l 5/2008 . men . , ^ d. Indian CI39G Programs, Sec 1t16(ax1) ~. Date of Start of Program Yaar Amendrt~nt Nurn~r ^ e. Surplus urban Rtntetval Funds S~ t 12{b) {~ddtf+Yy1'1 10/0 ]12007 , ^ t. Special Purpose Grants Sec 107 11. Amount of Ctanrrarnily Development , ^ g Loan Guarantee Sec 108 Block Grant FY {2()07) FY ( } FY { ) . . a. Funds Reserved for this Grant $230,544 b. Funds now Ding, approvefli $230,544 a Reservation to be Carroeped $0 12a. Amount of Loan Guarantee Cotmru'Iment tttnv belrrg AAproved 11a minus 11b) 12b. Marra and txrmalete Add ress of Puhlic Aar t.oan c;uarantec Acceptance Provisions For Designated Agencies: The public agency hereby accepts the Grant Agrearrent executed by the Department of Housing and Urban bevelopment an the above dart with respect to the above grant mtmber{s) as Grantee designated to receive loan guarantee assiaattce, and ab ees to comply with the tams and conditions of the Agreement, applicable regulatiorat, acrd atlter requerements of HUD now or hereafter in e1Tec; pertaining to the assistance provided it. USC Balch TAC Program Y A Reg Area OocumeM No. Project Number Category 176 ®aoom® Project Num[~ Y D Amount ArrrouM Amamt EHeCtlve Date {mraJddlyyyy) F a r Tide t ot'the 1-fousing and Communit;r Development Act (Public Law 930383} U.S. DeparR~asnta! Flouring grad 4.Irban d~sve6oprnent t~ffice of Corr6munily Planning and Qevetopment Corrtmunity Developmerrt Block Grant Program H1-005158 of 205158 1. Name of Grantee {as shown in rlem 5 at Standard Form 424) 3. Grantees 9-dtgit Tax SD NumbEr 4. Date use ottunds may begin City of Meridian, Idaho 82-6000225 (mmiddlyyyy} 10!01!2007 2. Grantee's Ctunplele Address (as al-own fi It~n 5 of Standard Form 424} 5a. ProjectlGrant No.1 &a. AmountAppraued 33 Bast Idaho Avenge 5-07 MC-160006 $230,544 Meridian, ID 83642 56. ProJectlGr~tNa. 2 lib. AtnauntAeoravad Grant Agreement: This Grant Agreement between the Depardnent of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including atry special conditions, constitute pan of the Agreement Subject to the provisions of this Gram Agreement, HUD wits make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirentems. Pre-agreement costs may not be paid tivith funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume alt of the raponsibilides for environmental review, decision malting and actions, as specified and required in regulations issued by the Secretary pursuant w Section ] 04(g) of Tide I and published in 24 CFR fart 58. The Grantee further atlotowledges its respansibitity fat adherence to the Agreement by sub-recipient entities ro which it makes funding assistance hereunder available. Doug Carlson City of Meridian, Idaho Title Tdle Director ommunit Planning and Developmenet Mayor, City of Meridian Signature Date { ddl ~ Signature Date (mndddryyyy} {check only orre} r - ---- ® a. F_n6tlament Sec 108(b} ~ {dtedt one) .w _ ~ N ~°. ""`° "~" "~1/ef a„wr~on (mm/ddlyyylr} 08/I 0!2007 i u. txrecx one ®a Orig. Funding b. State~AdrnWsterad, Sec 106{dj(1} om ^ Attached 9b. Date Greritee No~fed Approval Ame d t ^ b ^ G HUD-Adminlstared Srnalt Cities Sec 706(d~{B) {rmrdddlyypy} O I/1 S/2008 n men • , ^ d. Indian CDBG Programs, Sec 10&(a~1) 9c. Date of Start of Program Year Amendment Ntmtber ^ e. Surplus l)rbarr Renetival Futsis Sec 112{b} {rmNtkUyyyy) 10!01/2007 , ^ t. Spat purpose Grants Sec 107 11. Amountot Ctxnmunlty Developmen t , ^ g. Laarr Guarantee. Sec 108 Block Grant FY {2007) FY ) FY { } a. Funds Reserved for this Grandee $230,544 b. Funds now beirrcl Approved $230,544 G Reservat~n to be Cancelled $0 i. Amount of Loan Guarantee Commitment now f~ing~Apprmr~ 11a ntiaus 11b 12b. Name and wmplete Add ress of public A9erny Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of housing and Urban Development on the above date with respect to the above grant number{s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in affect, pertahriug ro the assistance provided it. HUD Accounting tree OnEp Batch TAC Program Y A Reg Area Oatxtment No. Pro~ct Nurr~ Category Amount {rsmUdd/gg0yy} F 176 ®a~~m~ Y project Num~r Am~rM a Y ~ N Am urtt a • March 28, 2008 MERIDIAN CITY COUNCIL MEETING April 1, 2008 APPLICANT ITEM NO. S-.I REQUEST Water Main Easement Agreement for EI Dorado Building No. 7 by Kimball Properties, LP AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: See attached 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 propery of the City of Meridian. AOA COUNTY RC~tDER J. D NAVARRD AMOUNT .00 E BOISE IDAFIO Bd/14t08 11: t DEPUTY ~ie~ ANen ~~~ ll~~11~11~1~~~~~l~11111111~~ ~~~ ~~~ RECORDED_REQUEST OF 1~8043~5~ Meridian Clry WATER MAIN EASEMENT THIS 1NDENTI IRF., made this ,~ day o 20~between ~i ~~l( At~r~es 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 ca11a1 the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHERF.A S, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, inconsideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right of-way for an casement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EX>-ID3TT A and B) The easement hereby granted is for the purpose of construction and operation of a water tine and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTO(7D AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Granter shall restore the area of the easement and adj scent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in vivtalion 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 aiea 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 of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement EASMT W~ crrY_o~ 1v~RmiArr • effect and shall be completely relinquished. THE GRANTC}RS 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. GRANTOR: l~esi~lerct pd,.. ,~,- h~~ Secretary STATE OF IDAHO ) County of Ada ) On this day of 2007, before me, the undersigned, a Notary Public in and for said State, personall peared and . known or identi to me to be the President and Secretary, respectively, of the corporation that executed the within ' strutrient, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set hand and affixed zny official seal the day and year fist above written. (SEAL) NOTARY PUBLIC Residing at Commission Expires: Water Main Easement maxo EASMT WTR_CITY OF MERIDIAN State of Idaho } ss. County of Ada ) On thisr~ day of March, 2008, before me, the undersigned, a Notary Public in and far said State, personally appeared Winston H. Moore, known or identified to me to be a partner of Kimball Properties Limited Partnership, a partnership, and he dul acknowledged to me that he executed the within instrument on behalf of said partnership,~~~~ip~,partnership executed the same. ~~ tary Public f r daho ~~~ `k R iding at d C mm Expires ~ , ~>B~.1 '~i~F QF lQ~s~' CITY OF MERiDTAN Tammy Jaycee Ho14#~an, City Clerk Approved by Council on // .( // ~, ~ ~~~ O ~= r ~~ ~._ itt9 Tam • .~,F ..~ ~/////rllll nN STATE Ob' IDAHO, ~ ) 5S. County of Ada, } On this ~~ day of Aril 20 ~g before me, the undersigned, a Notary Public in and for the State o Idaho, personally appeared Tammy de Weerd and Jaycee Holman, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the City of Meridian executed the same. IN.WITNESS WIiEREOF, I have hereunto set my hand and affixed my official seal the day and year first_~p~.~itten. SEAL ^ 1 ~ r ~ i i ~ ~r i • . YV .! O•~1 OF Ip~:•• ••..«.. Notary public f r Idaho Residing at•_ ~~,ld~~~ ~ My commission Expires IQ-il-i f P~~ March 24, 2008 EXH~IT A WATER LINE EASEMENT Lot 1, Block 2 of Bonito Subdivision u ~~ ^^ ~uadrarit Consulting, inc. A 20.00 foot wide easement located in Lot 1, Black 2 of Bonito Subdivision as recorded in Book 86 of Plats at Pages 9783-9788 Ada. County recozds, situated in the Southeast'/4 of the Northwest'/a of Section 20, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada Counly, Idaho, being more particularly described as follows: Commencing at Southeast cornenr of said Lot 1, thence North 89°45'15" West 67.34 £eet along the South line of said Lot 1 to the POINT OF BEGINNING, thence continuing along said South line the following two courses, North 89°45' 15" West 16.54 feet; thence . Along a curve to the right 3.46 feet, said curve having a radius Of 463.00 feet, a delta angle of 00'5'43" and a chord bearing North 89°32'23" West 3.46 feet; thence North Ol°37'S2" West 34.03 fast; thence North 90°00'00" East 37.49 feet; thence North 00°00'00" East 216.27 feet; thence North 90°00'00" East 26.63 feet; thence South 00°00'00" East 20.00 feet; thence North 90°00'00" West 6.63 feet; thence South 00°00'00" West 212.84 feet; thence North 90°00'00" West 37.01 feet; thence South 01°37'52" East 17.55 feet to the POINT OF BEGINI~TING. Said easement contains 5,757 square feet or 0.13 acres more or less. 1904 W.Overland • Boise, ID 83705 • Phon® X208) 342-0091 • Fax (208 342-0042 • Email: quadrant~aquadrant.cc Civil Engineering • Surveying • Construction Management __ - ..._ .. ~ f cuRVE TaeLE CURVE LENGTH RADIUS DELTA BEARING CHORD O1ST. C1 3.48. 463.00 0' '43" S89'3 '2 "E 3.46 r------------~ LINE TABLE UNE BEARING LENGTH L9 N89'45 5"W '16.54 L2 N01' 7' 2"W 34.03 L3 N904?Ob0" 37,49 L4 N90'00'00" 26.63 L5 00'00'00"E 20.00 L6 S9 '00' 0" 6.63 L7 N90' 0'0 "W 37.01 L8 S01'37'S2" 17.55 L4 L5 L6 ~ LET 1 W BLOCK 2 8 QO N J - ~ WATER UNE EASEMt:NT ---~ (5.757 S.F. OR 0.13 ACRES) ~ ~ L3 `_ -,. L2 1 ~ I ...,_. .,,_ L8 GRAPHIC 5CALE q 3u so 1 tncfi == BO fft. Q x ~: js.~, C7 L1 - 67.3q,' COMMENCING ^~ S.E. CORNER "~ CDAp~+h, LOT 1. BLOCK 2 ~_ P01NT OF B~GINNlNG ~ 1 _ ~~ ~ .~ WATER LINE EASEMENT ~~Quadrant LOT 1, BLOCK 2, BONITO SUBDIVISION C o n s u Iti n g, I n c. ATE: Merch 24, 2006 d08 Nq. 242-49 BUIIDING_7_wATER_EASEAtENT,dwg !~) asa-P09t w~ia~ (zo j ~a-ao89 F.w atn a-s~~>s~ r~vumm~r P ~~ Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 3/25/2008 Re: Proposed Agenda Items for April 1, 2008 City Council Meeting MAR 2 ~ 20~~ City' ®f IVleridiasi City Clerk ®f~ace The Public Works Department respectfully requests that the following items be placed on the Apri11, 2008 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for EI Dorado Bldg #7 by Kimball Properties LP. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for EI Dorado Bldg #7 by Kimball Properties LP and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. • City of Meridian Public Works Dept. RECEAVEL' • Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this _ day of , ZO~,between kchzbul'~ ~1~ta-~ZS the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water 1 ine and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement EASMT WTR_CITY_OF_MERIDIAN • 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. GRANTOR: ~/~ Secretary STATE OF IDAHO ) County of Ada ) On this day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally peared and known or identi to me to be the President and Secretary, respectively, of the corporation that executed the within ~ strument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set hand and affixed my official seal the day and year fist above written. (SEAL) NOTARY PUBLIC Residing at Commission Expires: IDAHO Water Main Easement EASMT WTR CITY OF MERIDIAN lJ State of Idaho } ss. County of,4da ) On this~~ day of March, 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Winston H. Moore, known or identified to me to be a partner of Kimball Properties Limited Partnership, a partnership, and he dul acknowledged to me that he executed the within instrument on behalf of said partnership,~~~;~digpartnership executed the same. ~~A~~, I~tptary Public f r daho ,.`,,~ R~ iding at ~• ~BL1G mm Expires 9~~~~DP~p+~~~ ..__ OF 1 __~.`' CITY OF MERIDIAN i Tammy de Weerd, Mayor Jaycee Holman, City Clerk Approved by Council on STATE OF IDAHO, ) . ss. County of Ada, ) On this day of ,20 ,before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and Jaycee Holman, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL Notary Public for Idaho Residing at: My Commission Expires:, March 24, 2008 EXHIBIT A WATER LINE EASEMENT Lot 1, Block 2 of Bonito Subdivision ~~ ^^ Quadrant Consulting, Inc. A 20.00 foot wide easement located in Lot 1, Block 2 of Bonito Subdivision as recorded in Book 86 of Plats at Pages 9783-9788 Ada County records, situated in the Southeast'/a of the Northwest %a of Section 20, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at Southeast corner of said Lot 1, thence North 89°45'IS" West 67.34 feet along the South line of said Lot 1 to the POINT OF BEGINNING, thence continuing along said South line the following two courses, North 89°45' 15" West 16.54 feet; thence . Along a curve to the right 3.46 feet, said curve having a radius Of 463.00 feet, a delta angle of 00°25'43" and a chord bearing North $9°32'23" West 3.46 feet; thence North Ol°37'52" West 34.03 feet; thence North 90°00'00" East 37.49 feet; thence North 00°00'00" East 216.27 feet; thence North 90°00'00" East 26.63 feet; thence South 00°00'00" East 20.00 feet; thence North 90°00'00" West 6.63 feet; thence South 00°00'00" West 212.84 feet; thence North 90°00'00" West 37.01 feet; thence South O1°37'52" East 17.55 feet to the POINT OF BEGINNING. Said easement contains 5,757 square feet or 0.13 acres more or less. 1404 W. Overland Boise. ID 83705 • Phone (2081342-0091 Fax (208) 342-0092 • Email: quadrant~quadranf.cc Civil Engineering • Surveying • Construction Management i CURVE TABLE CURVE LENGTH RADIUS DELTA BEARING CH Ci 3.46 463.00 '25'43" S89'32'23"E - - - - - LJNE TABLE LINE BEARING LENGTH L1 N89'45'75"W 16.54 L2 N01'37'S2"W 34.03 L3 N90'00'00"E 37.49 L4 N90'00'00"E 26.63 L5 S00'00'DO"E 20.00 L6 S90'00'00"W 6.63 L7 N90'00'00"W 37.01 L8 S01'37'S2"E 17.55 I LOT 1 ~, s BLOCK 2 -°< o~ F o` Z WATER LINE EASEMENT ----~ (5,757 S.F. OR 0.13 ACRES) RD DIST. 3.46 GRAPHIC SCALE L4 ~° O 1 inch = 60 ft. L5 Ls ~ I a 0 w ~ I ,~ g~ ~ w O CV U] ~ N `~ L3 ~ L2 '" __ L7 L8 N89'45'15"W ~.QS+?, C1 L1 67.34' S EM CORNER \ C~pPEh, LOT 1, BLOCK 2 ~ pOINr DRIVE `` POINT OF BEGINNING ~. ~~ WATER LINE EASEMENT ~~Quadrant LOT 1, BLOCK 2, BONITO SUBDIVISION C o n s u Iti n g, I n c. iBG heat Oa,rdm,0 Rona SATE: MefCh 24, 200$ JOB NO. 212-49 BUILDING_7 WATER_EASEMENT.dwg (~) ~~-9091 PxORF (208~.M2-0092 Fnx rnn nma~nnc-~nt~nav u~RU~vaer • C March 28, 2008 MERIDIAN CITY COUNCIL MEETING April 1, 2008 APPLICANT ITEM NO. S-K REQUEST Resolution -Travel Policy 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 properly of the City of Meridian. COMMENTS See attached 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 POLICY 3.5, TRAVEL AND EXPENSE REIMBURSEMENT; 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 3.5, Travel and Expense Reimbursement; 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 on the ~rday of 2008. ADOPTED 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 IS+ da of Y 2008. APPROVED: `~, ~~~po~ d~~ ~~~ ~,~~"' -'~kp a~orTa~ ~ eWeerd ATTEST: ° ~~~L By. ~ ~' (SEAL) Jaycee olman, City CI~1~~ r ts~ ,'` ~,~: CITY OF MERIDIAN POLICY A1'~~'~DS MANUAL AMENDMENT FOR TRAVEL & EXPENSE REIMBURSE1~f~1V"1"`p~LICY - 2008 • • CTTY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.5 SUBJECT: TRAVEL AND EXPENSE REIMBURSEMENT PURPOSE: This policy is meant to address employee travel away from the Treasure Valley that requires at least one overnight stay. It provides guidelines for the basic foundation of rules and requirements that departments must follow. In order to meet certain federal and state requirements, some departments may need to develop additional internal policies relating to documentation and guidance for record keeping and approval process. Departments may establish more restrictive guidelines to best meet their own unique needs. Volunteers ornon-employees may not receive reimbursement under this policy. POLICY: The ability to travel for work purposes, including training, can be a privilege. Travel may also be part of the employee's job and associated duties. It is the responsibility of each employee to ensure that the taxpayers of the City are only being asked to fund reasonable costs and expenses related to this opportunity. It shall by the responsibility of the Directors of this City to ensure that all expenditures under this policy are appropriate and consistent with fiscal responsibility. The City shall pay for only official business expenses that are directly related to conducting business for the City of Meridian. All travel must be pre-approved and conducted by the most economical means practical. Each employee is expected to exercise good judgment when incumng travel expenses. Violations of this policy maybe cause for discipline. AUTHORITY & RESPONSIBILITY: Each City employee is responsible and accountable to the Department Director for the funds and assets entrusted to them. Each Director is responsible for administering and ensuring compliance with the Travel Policy The Finance department has the responsibility to track all funds for the City and assure compliance with all Cit, State, or Federal regulations regarding the tracking and accounting of such expenditures. PROCEDURES AND RELATED INFORMATION I. ACCOUNTABLE PLAN FOR IRS PURPOSES IRS requires an "Accountable Plan" (IRS Pub#k463) to determine if reimbursement would be reported as taxable income or not. To be an accountable plan, the employee must meet all three of the following rules: 1. The expenses must have a business connection. 2. All expenses must be adequately accounted to the employer for these expenses within a reasonable period of time. (maximum allowable time 60 days after travel) 3. All excess reimbursement or allowance mast be remitted to the employer within a reasonable period of time. (maximum allowable time 120 days after travel) Amended 4/1 /OS • If the expense report is not remitted to the Finance Department within 60 days of the return date of the travel the expenses will be reported as income on the employee's W2 form and the applicable taxes will be deducted from the employee's next paycheck. Excess amounts that were advanced to the employee, except for per diem, must be remitted within ten (10) business days. Failure to remit the overpayment to the City within 120 days, of the return from the travel, will be reported as income on the employee's W2 form and the applicable tames will be deducted from your next paycheck. Additionally, the City may consider disciplinary action for failure to remit any overpayments. II. TRAVEL AUTHORIZATION FORM The Department Director is responsible for ensuring that the travel is the most cost-effective travel alternative. This policy recommends that each department designate a Department travel coordinator so someone other than the traveling employee is booking travel arrangements. The City has a vendor for travel that may be used for making these arrangements. A form shall be established and used by any employee that is traveling for City business. This form gives the employee the necessary approval prior to travel. The form shall be submitted in advance of the trip and must be approved by the Department Director, and if necessary, the Mayor. All expenses, except for those paid with the per diem amount; require a receipt for accounting purposes or reimbursement. An employee must have a valid explanation and provide other appropriate information to be considered for reimbursement. Any deviations or exceptions should be included on the form. The Travel Authorization Form shall be completed by the department prior to overnight travel outside the Treasure Valley. The form shall be provided to the Finance Department no less that ten (10) business days prior to the travel occurring. In the case of exigent or emergency need for travel a shorter period can be approved by the Mayor and the Finance Director. A. This authorization form must include all elements of the travel including but not limited to; transportation, lodging, meals and conference fee if applicable and justify the reason for traveling. B. The traveling employee will forward this authorization form to the Department Director for approval before travel arrangements and/or conference and training fees are paid. C. Once the travel is approved the department can make the necessary travel arrangements, such as flight, hotel, etc. D. Immediately after travel is booked a copy of the Authorization form shall be sent to Accounts Payable in Finance to support payment of airfare, hotel, and other expenses that have been incurred. E. The form will also be included with all the information and receipts necessary after the travel is completed. F. The per diem check will also be calculated based on the Travel Authorization Form. The traveling employee is responsible for contacting accounts payable to arrange per diem check pick-up. This must be done at least ten days in advance of actual travel. Per diem monies do not need to be refunded to the City unless the trip or portions of it are canceled. nm~aeaanios CITY CREDIT CARD -A city credit card may be used to assure payment for a hotel or rental car, if necessary, and specifically approved by the Department Director, when the employee is traveling. A city credit card may be used for transportation such as taxis or shuttles and parking and fuel for a rental car. If the employee is allowed to use their personal vehicle for travel then a city credit card can be used for fuel. A city credit card may used to purchase training materials that are necessary. This purchase must be approved by the Department Director. If necessary, the employee may use the city credit card to mail training materials back to the City. This must also be approved by the Department Director. A city credit card cannot be used for any expenses that are included as part of the per diem if the employee has already received the per diem advance for travel III. EXPENSES EXPENSE REPORT -Travel expense reports are to be filled out after returning from travel. The reports are to be received by Finance Department within ten (101 worldne days of the travel return date pursuant to this policy. If reports are not received by that time it maybe the cause of further inquiry and potential discipline if the employee refuses to comply. An emergency maybe considered good cause for a slight delay. The use of a phone in a hotel or motel the use for business or personal use is highly discouraged due to the high cost associated with such use. The employee should discuss this with the Department Director prior to departure to determine whether the cost will be reimbursed. PER DIEM -Per diem is compensation given to the employee for other expenses incurred while traveling that are not pre-paid or are defined as reimbursable. Per diem monies do not need to be refunded to the City unless the trip or portions of it are canceled. Per Diem expenses are including but are not limited to: nm~aea aivos • • Meals • Tips or gratuities • Non-city business fees • Personal care items • Banking or ATM fees • Entertainment • Desserts or Snacks • Beverages The per diem will be paid to the employee according to the IItS current "Domestic PerF - Formatted: Indent: Lent: 0.38" Diem Rates". This rate varies from city to city. It will be department's responsibility to designate the city closest to the destination for the travel requested and indicate that on the Travel Authorization Form. Full per diem rate is allowed for an each day that contains an overnight stay. The per diem rate for travel days, the first and last day of the employee's trip, is 75% of the total per diem. If the travel takes more than one day the employee should identify on the Travel Authorization Form and request an appropriate per diem. Per Diem will be issued to employee upon final approval of travel authorization form prior to the actual travel as noted above. Employees should always get a per diem check prior to travel. NON-REIMBURSABLE EXPENSES -The following expenses are NOT considered tom - - Formatted: Indent: Lent: os" . be reimbursable business expense, but are not excluded with the per diem. This list is not exhaustive and is subject to the discretion of the Department Director where it is noted, but includes the following, but is not limited to: • Alcoholic beverages • Internet charges (unless necessary for training or City business) Justification & receipt must be provided. [Department Director approval needed] • Entertainment expenses • Tips or Gratuities • Laundry services (unless for a City Fire or Police uniform) Justification & receipt must be provided. [Department Director approval needed] • Valet services • Health club services fees • Expenses paid on behalf of others • Banking or ATM fees • Family member travel expenses ~- Formatted: Indent: Left: 1", Tabs: 1.5", List tab + Not at 1" REIMBURSABLE EXPENSES - In addition to per diem, there are expenses related to travel that are business related and are reimbursable by the City. All of these expenses will require a receipt for proof of payment. These expenses must also be approved by the Department Director. Only in an extraordinary circumstance can reimbursement be provided without a receipt. These reimbursable expenses include but are not limited to: Amended 4/1/08 • Transportation to and from the destination of the travel • Transportation to and from the airport to the hoteUmotel • Rental car and fuel with proper authorization and receipts • Transit while at destination between hotel and the business related meetings or purpose for the trip. This may include taxis or shuttles. • Telephone or Internet chazges that are business related • Tolls • Taxi to and from home to the airport TRANSPORTATION -All travel must be by the most economical means practical, it does not have be the least expensive, but the employee and the Department Director must be able to justify the expenditure. Departments may consider the time of travel in the cost as well as the expense of fuel for a vehicle to travel to the same location instead of an airline. If there is interruption of travel or deviation from the direct route for the traveler's convenience, the deviation may not exceed that cost of uninterrupted travel. Employees and departments are encouraged to consider various forms of travel to and from the destination to weigh the expense of the travel. AIRLINE -The City shall only pay for travel by coach or economy class. If an employee has personal travel miles they may use them for an upgrade as long as the City does not pay any additional costs beyond a coach or economy class ticket. PERSONAL VEHICLES - An employee must receive specific permission from the Department Director or the Mayor to use their personal vehicle for travel under this policy. For reimbursement the employee must maintain a detailed log reflecting date, purpose, and associated odometer readings for the trip. The employee will be required to meet any other requirements of the City or its insurer prior to departure, including but not limited to providing a copy of a valid driver's license and current proof of insurance. The employee's personal vehicle insurance will be the primary insurer for the employee and their vehicle. The City's insurance will only be responsible for any damages that may be the responsibility of the City. The City may pay the standard mileage rate for the travel or may limit the expense to actual costs or some other method as determined by the Department Director. An employee will not be required to use their own vehicles without their permission, but the expense of the trip may be a factor in granting approval. RENTAL CARS - A vehicle may be rented at the destination or to travel from the Boise/Meridian area to the destination and back. A vehicle is only allowed with prior authorization and must be justified that it is necessary and economical for the benefit of the City. (Use the Travel Authorization Fopm). The request must indicate the necessity of the vehicle related to City business. The employee will be responsible for the fuel or pazking expenses for any trips that aze not related to city business. LODGING -The employee must stay within the IRS hotel rate for the appropriate city or stay at the conference hotel (if applicable). When securing reservations employees will identify themselves as government employees to obtain the government rate, if available. The City will pay the room chazge plus applicable room taxes. Hotel charges should be broken down on a per day basis on the receipt and the expense report. Amended 4/1/08 If two employees share a hotel room the employee who paid for the room should attach the original receipt to his/her expense report noting that the room was shared and with whom. If anon-employee shares a room, the employee will only be reimbursed for the single room rate or provide proof that no additional costs was incurred. EARLY DEPARTURE or LATE RETURNS -The Travel Authorization Form should also note if the employee is requesting to stay beyond the business requirement. If there is an impact on the City related travel the employee shall be personally responsible for the additional cost. Tllis justification should reflect that there is no increase in total travel cost to the City. OTHER REIlVIBURSEMENTS -When other agencies or organizations directly reimburse an employee for travel, training, and other related costs where such costs were borne by the City, the employee will be required to endorse the reimbursement check over to the City or write a personal check to reimburse the City within 10 days of receipt of monies. TRIP CANCELLATION - If the trip is canceled prior to departure the employee has three Formatted: Indent: eft: 0.38^ (3) business days to return the entire per diem amount to the City. The employee or the Department Travel Coordinator shall be responsible to cancel all the arrangements made for the travel and attempt to limit the City's costs for this change. .a~~aeaanios Y • March 28, 2008 MERIDIAN CITY COUNCIL MEETING April 1, 2008 APPLICANT ITEM NO. S-L REQUEST Water Main Easement Agreement for CPA Investments Building by Kimball Properties, LP 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: COMMENTS See attached Materials presented at public meetings shall become property of the Ctiy of Mertdian. ADA t~UNTY RECORDER J. NAVARRO AMOUNT .00 6 • B018E IDAHO 04/14108 11:08 ll ii+ RECORDEDcREQiUEBTOF ~~II'II'I'III'`~I')I'IIIII~~II(~II'~~ Merldien City 1 ~Q~9~~4~0~5 WATER MAIN EASEMENT T.l~[S INDEN'T'URE, made this ,day of , 24~between ~= r'~~( ~"~'''~s ~ ,the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Tdaha, the party of the second part, and hereinafter called the Grantee; WiTNFfiSFTH: WHEREAS, the Grantors desire to provide a water main right-of way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right of--way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXAIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, fhe said easement and right-of--way unto the said Grantee, it's successors and assigns forever. TT IS EXPRESSLX UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easex~nent 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, ar perennial shrubs or flowers within the area described for this cascmcnt, which would intc~fere with the use of said casement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement eas ~~ THE GRANTORS do hereby covenant with the Grantee that they are lawfiilly seized and possessed o~ 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. GRANTOR: ~t ~ ~~Q Secretary STATE OF IDAHO ) ss County of Ada ) On this day of and for said State, personally appears lmown or identified to corporation that executed the within in; executed the same. 20_,, before rne, the undersigned, a .Notary Public in be the President and Secretary, respectively, of the fit, and aclanowledged to me that such corporation IN 'WITNESS WHEREOF, I have hereunto set my hai~and affixed my official seal the day and year fist above written, (SEAL) NOTARX PUBLIC Residing at Commission Expires: _ Water Main Easement IDAHO easmt wtr m!!ai~~n -~ Pa6eLS..Y~ State of Idaho ) ss. County of Ada ) • On this e:~J~' " day of March, 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Winston H. Moore, known or identified to me to be a partner of Kimball Properties Limited Partnership, a partnership, and he duly acknowledged to me that he executed the within instrument on behalf of said partnership and that said partnership executed the same- 'v .S ~:'~ es ng at ,,~~ ~ ~i m Expi pU$ ~_ ....-. A~TE~ GRANTEE: CITY OF MERTI)TA Tammy de Weerd, Attest by Jayc~ Holman, City Clerk /~, .._s Approved By City Council On: STATE OF IDAHO, '~'4 ~ ~'~ C? ~ ~' y_ r~ ~~` Q SEAL w ss. County of Ada ) ~s~ qq ns' On this day of 1`~ r A ,~ , 20_, before me, the undersigned, a Notary Public in and for said State, personal y appeared TAMMY DE WEERD and JAYCEE DOLMAN, lmown 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 Gity of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ~ ~~ ~ NOTARY PiTF3LIG I'OR IDAHO ~ ! .d ~ „ Residing at: ~,~„~ ~~ 1 ~~h Commission Expires: 14-1 1 "1. ~ ++~ ~~Q ` ~L~ ~'~~ ~~~ ~~ •.~AH~Q. Water Main Easement easmt main ,•p~ Page ~ r ^^ ~ ^ Quadrant Consulting, Inc. ^~~ -.~ March 18, 2008 Page 1 of 1 E~~IT A Parcel ~`A", Record of Survey No. 6671 (Adjusted Lot $, Block 1 of Bonito Subdivision) Water Line Easement .A.. 20 foot wide water line easement across a portion of Pazcel "A" as shown on Record of Survey No. 6671, Instrument No. 104134825 of Ada County Records, said parcel being a portion of Lot $, Block 1 of Bonito Subdivision as recorded in Book $6 at pages 9783-97$8 Ada County Records and being situated in the Northeast %4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Beginning at the Northeast corner of said Parcel "A", said Northeast corner also being a point on the westerly Right-of--Way of South Bonito Way and being the POINT OF BEGINNING; thence along the East line of said Pazcel 20.08 feet along a curve to the left, said curve having a radius of 237.00 feet, a delta angle of 4°51'20" and a chord bearing and distance of South 3°22'49" East 20.08 feet, thence leaving said East line South 81°33'02" West 17_G5 feet, thence North 90°00'00" West 50.70 feet, thence South 0°00'00" East 16.24 feet, thence North 90°00'00" West 20.00 feet, thence North 0°00'00" East 36.24 feet, thence North 90°00'00" East 69.22 feet, thence North 81°33'02" East 17.95 feet to the POINT OF BEGINNING. Said easement contains 2,077 square feet or 0.05 acres mare or less. ~. N07'42'57"E zza.a-o' " N O O O 0 0 r~ f"" rte--- r -.,I r- rn r cn r- .~ r w r N r ~ r ~ r~ ~ -- ~ 0 ~ 0 ~ 0 ~ 0 ~ 0 ~ -' ~ ~' c,~, ci a ~ o o ~^' c,~ o o Q o © c^i 0 0 0 0 0 0 0 2 N O O d O w n? O f*1 fT1 I'*'I ~ fTl ~ `2 _ V ~ ~ Q _ O O _ ;J r Z ~ N N C7 N ~I O~ G7 CP N ~7-` CJ -P O CJti I I I ~ ° o ~ o ti~ ~ ~ o ~ z p 7. 2 9 s ~ ,~ ~ ~ ^; ~ 8 s '6 ~ ~ ~ ~ s• ~ ~ ~ m d b a ~ ~ m r A n b ro ~ G7 '~ a ro 3 x II cNi+ n ^^ ~^ ~. ~ 9 ~ ~ L+] ~y \.~/ ~ L5 C~ r 07 ~' --~ L3 N r N V D r~l r*I D m ~ m O U ~,=./ ~ Z --i Q II -,-, m G7 ~ ~ z z c~ -- ~1 ..r _ ~ _Z~ ~N~T{~ WAY y f ~ . ~ ~/V EXHIBIT A RARCEL "A" RECORD of suxvEY No. 6671 ~~Qu cl d ra n t (ADJUSTED LOT 8, BLOCK 1 OF BONITO SUBDIVISION) 1rATER EASEMENT Consulting. Inc. ~a" w.a o~.~a.s Mood AN EASEMENT SITUATED IN TtiE NORTHEAST Ya 0~ SECTION 20, TOVdNSHIP 3 NORTH, RANGE 1 EAST 6eaR, wdw arm BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO {~ ~'~ iMeo~E ~~ aw su+arse - -- ---i--yAyN k ~.._. •i FAY Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 3/25!2008 Re: Proposed Agenda Items for April 1, 2008 City Council Meeting c~t~ ®.~~~~.a~~ ~i~ ~lea~k ®f~ce The Public Works Department respectfully requests that the following items be placed on the April 1, 2008 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for CPA Investments Blda by Kimball Properties LP. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for CPA Investments Bldg by Kimball Properties LP and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • City of Meridian Public Works Dept. MAR 15 2p06 ~ Page 1 WATER MAIN EASEMENT THIS INDENTURE, made this j~Hday of, 200$_between t~~"^~a~i r-1«S ~, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee theright- of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easementandright-of--way unto the said Grantee, it's successors and assigns forever. TT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 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, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement easmt wtr mam 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. GRANTOR: ~t /~ c.o- -~-- Secretary STATE OF IDAHO ) ss County of Ada ) On this day of and for said State, personally appeare known or identified to corporation that executed the within in; executed the same. 20_, before me, the undersigned, a Notary Public in be the President and Secretary, respectively, of the fit, and acknowledged to me that such corporation IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. \ (SEAL) NOTARY PUBLIC Residing at Commission Expires: IDAHO Water Main Easement easmt wtr main • State of Idaho } ss. County of Ada } On this ~iJ~~ day of March, 2008, before me, the undersigned a Notary Public in and for said State. personally appeared Winston H. Moore, known or identified to me to be a partner of Kimball Properties Limited Partnership, a partnership, and he duly acknowledged to me that he executed the within instrument on behalf of said partnership and that said partnership executed the same. ~~'•,~. ~pLTp~ ••y r•~~r~"""'' Not' .vw •'~ ~~pA1r es ~ O S. PVB~ Z • ~. Public f I aho ng at i Expires ~0• ~ t. ?~~Z- GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by Jaycee Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada On this day of , 20 ,before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and 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 WI'T'NESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement easmt wtr main • March 18, 2008 Page 1 of 1 CJ ~~ ^^ C~uadrant Consulting, Inc. EXHIBIT A Parcel "A", Record of Survey No. 6671 (Ad,~usted Lot S, Block 1 of Bonito Subdivision) Water Line Easement A 20 foot wide water line easement across a portion of Parcel "A" as shown on Record of Survey No. 6671, Instrument No. 104134825 of Ada County Records, said parcel being a portion of Lot 8, Block 1 of Bonito Subdivision as recorded in Book 86 at pages 9783-9788 Ada County Records and being situated in the Northeast %a of Section 20, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Beginning at the Northeast corner of said Parcel "A", said Northeast comer also being a point on the westerlyRight-of--Way of South Bonito Way and being the POINT OF BEGINNING; thence along the East line of said Parcel 20.08 feet along a curve to the left, said curve having a radius of 237.00 feet, a delta angle of 4°51'20" and a chord bearing and distance of South 3°22'49" East 20.08 feet, thence leaving said East line South 81°33'02" West 17.65 feet, thence North 90°00'00" West 50.70 feet, thence South 0°00'00" East 16.24 feet, thence North 90°00'00" West 20.00 feet, thence North 0°00'00" East 36.24 feet, thence North 90°00'00" East 69.22 feet, thence North 81°33'02" East 17.95 feet to the POINT OF BEGINNING. Said easement contains 2,077 square feet or 0.05 acres more or less. N ~ mp ~~ 0 W p ~ o O ~ I I 1 -- ~. ` Noi•4z's~°E 220.40' r ~I r rn r cn r .+~ r w r N r -' r z m Z Z Z Z (/) Z (/~ 0o c~ o ~ o o ao m 0 0 0 0 0 m c:+ o o o o o w D W O O S O O C.~! 0 0 0 0 0 0 o z N O O O O O N ~ fTl fTl fTl ~ fTl S~ ~{ -` 07 w N -~ CJ~ t- m v co rn o ~n o ~ Z ~ N N O N v 0 G7 cn N ~ o -r~ o cn z O ~ oo~o ~ ` ~j, o ,, a z ~ Al m m ~ g ti 9826. 6 m z ~ m 6, n m a A ~ ~ a n a v -~ o ~ / ~ a s ro x n ~ ~ . ~ ~ d ~ a ~ ~, • o n rTl r ~~ 'r' ~ --I v O D O --~ ~ 2 / v ~ -`:~ o ~ L5 o N o dj r ~ o N ~ ~ -P rn ~ D ~ m ~ `~ L3 z a r N c~ 2 -` ~ N O O A D w~. Q7 rl .1 .~ D -~ (T1 r~l D N ~ N p (T1 ~ o z ~ ~ O o O z ---I fTl z r z °' z ~ I r.l ,. -~ W ~~ ~ -z~,~ 0 WAY y ,~ ~~ `T i rr ,, - ~ ~-+~1 V EXHIBIT A PARCEL "A" RECORD OF SURVEY N0. 6671 (ADJUSTED LOT 8, BLOCK 1 OF BONITO SUBDIVISION) 1PATER EASEMENT AN EASEMENT SITUATED IN THE NORTHEAST Ya OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST 801SE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO ^~Quadrant Consulting, Inc. row owe aaa Reee (aoe) six-aao~vrta~ ~(mej s~o-Dove r~x nc weumwo+r_ J . _ March 28, 2008 MERIDIAN CITY COUNCIL MEETING April 1, 2008 APPLICANT ITEM NO. S-M REQUEST Approve Beer, Wine, Liquor License Renewals AGENCY COMMENTS CITY CLERK: See aihrched CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: `~`~ CITY WATER DEPT: V V CITY SEWER DEPT: +'~ CITY PARKS DEPT: " MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: ~' SANITARY SERVICE COMPANY C 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 City of Meridian. 9 y Beer, Wine & Liquor License Renewals for Approval by City Council on March 25th, 2008 Business Address Type of License A New Vintage Wine Shop 1400 N. Eagle Rd. #104, 83642 Beer & Wine Kahootz Pub & Eatery LLC 1603 N. Main St., 83642 Beer & Wine Meridian Speedway 335 E. Main St., 83642 Beer & Wine Whitewater Pizza & Pasta 1 S 10 N. Eagle Rd., 83642 Beer & Wine The Cigarette Store Inc. 200 E. Fairview Ave. Beer Ultra Touch Car Wash 835 E. Fairview Ave. Beer Louie's Italian Restaurant 2500 E. Fairview Ave. Beer & Liquor Sakana 1718 S. Eagle Rd. Beer & Wine White Water Saloon 1646 N. Meridian Rd. Beer & Liquor Rite Aid #5412 1600 Main St. Beer & Wine Carino's Italian Grill 3551 E. Fairview Ave. Beer & Liquor WinCo Foods, LLC. 1050 S. Progress Ave. Beer & Wine Idaho Pizza Co. 405 E. Fairview Ave. Beer & Wine s March 28, 2008 MERIDIAN CITY COUNCIL MEETING April 1,2008 APPLICANT ITEM NO. S-N REQUEST Approve Beer, Wine, Transfer of Owner License Application from Sidelines to Firehouse Pub and Grill, LLC at 1767 West Franklin Road Suite 180 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: COMMENTS See attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. i • March 28, 2008 MERIDIAN CITY COUNCIL MEETING April 1, 2008 APPLICANT ITEM NO. 5-O REQUEST Permanent Easement Contract for the Sewer Main Extension at Powers Residence Project with Lyle H. Powers for $10,076.85 AGENCY Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Clty of Meridian. CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See aliached ® • City of Meridian 33 East Idaho Street, Meridian, ID 83642 PERMANENT EASEMENT CONTRACT Project # and Description: Sewer Main Extension at Powers Residence Parcel # and Owner: Lvle H. Powers Date of Offer: March 28.2008 THIS RIGHT-OF-WAY CONTRACT, made this ~.`~T day of~?1<.... 2008, between the City of Meridian, acting by its Mayor and Council, herein called "CITY" and Lyle H. Powers, herein called "GRANTOR". WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer and Potable Water Easement included herewith as Exhibits "A" and "B": NOW THEREFORE, the parties hereto agree as follows: 1. CITY shall pay GRANTOR and the flien holder, if any, such sums of money and/or benefits as are set out below: ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE (acres) ($JFt2) FACTOR ($) Permanent Easement 0.13 $3.36 50% $10,076.85 TOTAL EASEMENT CASH SETTLEMENT AMOUNT $10,076.85 2. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantor may choose from two options for just compensation for the permanent easement: Cash Payment* in the amount of ^ Donation value of the easement $10,07b.85 $10,076.85 *Grantor will receive payment for the permanent easement within four weeks following the recording of the easement and acquisition of the easement preparation contract noted in Item 1 above. 3. GRANTOR also agrees to provide the City with a 0.21 acre temporary construction easement adjacent to the permanent easement for the purpose of constructing the proposed sanitary sewer line and related incidental work. The temporary construction easement shall expire upon completion of the sanitary sewer line. 4. This Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on account of the location, grade, construction and maintenance of the proposed sanitary sewer and potable water line. 5. The parties whose names appear below as Grantors, covenant and warrant that they are the OWNERS of the property to which this document applies, are fully authorized to execute this document and forever bind themselves, their successors and assigns and the subject property to the terms set forth herein. IN WITNESS WEREOF, the parties have executed this contract the day and year first above written. CITY OF MERIDIAN ~ `'' Tammy de Weerd ' ayor '~ GRANTORS ~, / ` ATTEST: ,t,tt, - ~`^-~ ~: ~g a ~ y; ~-~', Jaycee iman, City Clerk ~ ~' j `:;7 ~`~- y~C~,.~',y yam. Date approved by Council: ~' 11 =,. -~' ~s `'~ ~1 ,,~'~ . ..:bate: ~ Y'~/ ~i Page 1 of 1 M:1080151WdFtlestCo~draet Powers.doe • i EXHIBIT A SEWER AND WATER MAIN LINE EASEMENT FOR THE CITY OF MERIDIAN, IDAHO An easement for sewer and water main line purposes located in the SW'/a of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northeasterly comer of said SW '/4 from which the northwesterly corner of said SW '/4 bears N 89°59'00" W a distance of 2651.54 feet; Thence S 0°22'55" W along the easterly boundary of said SW'/4 a distance of 282.20 feet to the northeasterly corner of said Lot 15 and the POINT OF BEGINNING; Thence leaving said easterly boundary N 89°37'05" W along the northerly boundary of said Lot 15 a distance of 190.01 feet to the northwest comer of said Lot 15; Thence leaving said northerly boundary S 0°22'55" W along the westerly boundary of said Lot 15 a distance of 30.00 feet to a point; Thence leaving said westerly boundary S 89°37'05" E a distance of 190.01 feet to a point on the easterly boundary of said SW '/o; Thence N 0°22'55" E along the easterly boundary of said SW '/4 a distance of 30.00 feet to the POINT OF BEGINNING; This easement contains 0.13 acres and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Inc. March 27, 2008 0 0 N o 0 n o 0 u.i J Q © ~ ~ ~ o 4 h W w w Q ~ w ~ w~ ~ ~~ ea° ~ ~ '~~ ~~.; ~c~~ ',O' O ~ !~, 30 ti ~ O ~ O J V Ww ~w ~ ~q ~ ~ Qo ~Q ~ O F, w ~ ~ O W ~ ~ W ~ W v ° ' ~ o '~ rn o ~ , tS'l S9Z ~M „ 00, 6S 68 N 3AI?~0 ~t~~llab~ '3 "~ z~ 0 ~~ > ~- ~w m~ ~Q ~" a ~~ a f- g .,.d wa 2 w~ > d- N ~ Y ~ O O m ~ J ~ ~ m F- w w a H- N C9 Z (!) N S c~, U ~' o `~ W h0 ^O ~ O ~. ;~ o° 1 ~~ O ~ 1~ o Q ~ / ~ ~u ~~ W r^~ p h 0 o, ~ O ;~ ~ ~ O Z U m _ • ' ~fi,:9 ~IA~-' ~ ^` ~Q Ci~y ®f'1~Yex~idia~ Cify~ Clerk ®7~ce Memo To: Jaycee Holman; Tara Green From: Max Jensen, Engineering Technician jensenm@meridiancity.org Meridian Public Works Department 660 E. Watertower, Suite 200 Phone: 898-5500 Fax: 898-9551 CC: Clint Dolsby, P.E., Interim City Engineer Date: 3/27/2008 Re: Proposed Agenda Item for April 2, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the April 02, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Permanent Easement Contract for the Sewer Main Extension at Powers Residence proiect Attached is a Permanent Easement Contract with Lyle H. Powers for sewer and water main line purposes. The just compensation for the permanent easement is $10,076.85. Recommended Council Action: The Public Works Department recommends that City Council approves and signs the Permanent Easement Contract with Lyle H. Powers for sewer an water main line purposes for the Sewer Main Extension at Powers Residence project. Thank you for your consideration. Please contact me if you have any questions. • Page 1 City of Meridian 33 East Idaho Street, Meridian, ID 83642 PERMANENT EASEMENT CONTRACT Project # and Description: Sewer Main Extension at Powers Residence Parcel # and Owner: Lvle H. Powers ~-' - Date of Offer: March 28.2008 THIS RIGHT-OF-WAY CONTRACT, made this day of 2008, between the City of Meridian, acting by its Mayor and Council, herein called "CITY" and Lyle H. Powers, herein called "GRANTOR". WHEREAS, subject to the terms outlined below, GRANTOR agrees to deliver to the CITY a Permanent Sanitary Sewer and Potable Water Easement included herewith as Exhibits "A" and "B": NOW THEREFORE, the parties hereto agree as follows: 1. CITY shall pay GRANTOR and the lien holder, if any, such sums of money and/or benefits as are set out below: ITEM DESCRIPTION AREA GROSS VALUE VALUATION EASEMENT VALUE (acres) ($/Ft2) FACTOR ($} Permanent Easement 0.13 $3.36 50% $10,076.85 TOTAL EASEMENT CASH SETTLEMENT AMOUNT $10.076.85 2. As set forth in the City of Meridian's Easement Acquisition Policy, the Grantor may choose from two options for just compensation for the permanent easement: Cash Payment* in the amount of ^ Donation value of the easement $10,076.85 10 076.85 *Grantor will receive payment for the permanent easement within fow weeks following the recording of the easement and acquisition of the easement preparation contract noted in Item 1 above. 3. GRANTOR also agrees to provide the City with a 0.21 acre temporary construction easement adjacent to the permanent easement for the purpose of constructing the proposed sanitary sewer line and related incidental work. The temporary construction easement shall expire upon completion of the sanitary sewer line. 4. This Contract shall not be binding unless and until executed by the Mayor and/or their authorized representatives. The parties have herein set out the whole of their agreement, the performance of which constitutes the entire consideration for the granting of said easement and shall relieve the CITY of all further claims or obligations on that account or on account of the location, grade, construction and maintenance of the proposed sanitary sewer and potable water line. 5. The parties whose names appear below as Grantors, covenant and warrant that they are the OWNERS of the property to which this document applies, are fully authorized to execute this document and forever bind themselves, their successors and assigns and the subject property to the terms set forth herein. IN WITNESS WEREOF, the parties have executed this contract the day and year fast above written. CITY OF MERIDIAN By: Tammy de Weerd, Mayor ATTEST: Jaycee Holman, City Glerk Date approved by Council: M:waoiswani~s~cona~x row~.a« GRANTORS y. _ ~, By: Date: 2~ 17~ A2 . N Gyj Page 1 of ! _ • EXHIBIT A SEWER AND WATER MAIN LINE EASEMENT FOR THE CITY OF MERIDIAN, IDAHO An easement for sewer and water main line purposes located in the S W '/4 of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northeasterly comer of said SW '/a from which the northwesterly corner of said SW '/4 bears N 89°59'00" W a distance of 2651.54 feet; Thence S 0°22'55" W along the easterly boundary of said SW '/4 a distance of 282.20 feet to the northeasterly comer of said Lot 15 and the POINT OF BEGINNING; Thence leaving said easterly boundary N 89°37'05" W along the northerly boundary of said Lot 15 a distance of 190.01 feet to the northwest corner of said Lot 15; Thence leaving said northerly boundary S 0°22'55" W along the westerly boundary of said Lot 15 a distance of 30.00 feet to a point; Thence leaving said westerly boundary S 89°37'05" E a distance of 190.01 feet to a point on the easterly boundary of said SW'/4; Thence N 0°22'55" E along the easterly boundary of said SW '/4 a distance of 30.00 feet to the POINT OF BEGINNING; This easement contains 0.13 acres and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Inc. March 27, 2008 '}. 0 0 N ~` o 0 u o 0 p w J Q N O W '~ ty ti o Cti y W Ww ~ ~ ~ 0 W~ ~ ~ ° W ~ ~ ~~ ~~~ ~Q~ w ~ N W o y ~~ 4~° ~ ~ "ti C Z J ~ w E., w o ~ q ~ ~Q ~ 4~ W w Q ~~-1 ^ - I. ~ .r r ` W v ° ` ~ o ~ rn o ~, l 59Z M „ 00, 65'.68 N 3n~~a ~b~lll0`d~ '3 z Ov ~~ >~ ~w m~ ~Q Na ye -? g W d _W ~ ~ ~ N ~ Y U Q O OD ~ ~ ~ ~' O H W w Z f'- / ~ N (~ 0 ^ h~ O ~~ ~ ~ ~~ ~ ~~ ~ ~ ~ ~ ~ O ~ i ) / ~ h h^ ~ O r^j CO tcj 0 o~ ~ O ~ O z N V O • March 28, 2008 Department Report MERIDIAN CITY COUNCIL MEETING April 1, 2008 APPLICANT ITEM NO. 6-A-~ REQUEST Collecting Fees for Development Agreements 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 Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the Cify of Meridian. 1 ~ March 28, 2008 MERIDIAN CITY COUNCIL MEETING 1, 2008 FP 08-003 APPLICANT Landmark Engineering & Planning, Inc. ITEM NO. REQUEST Request for Final Plat approval of 3 commercial building lots and 3 common lots on 4.52 acres in a C-N zone for Woodland Springs Subdiivision -- northwest comer of Locust Grove 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: COMMENTS See attached Staff Report See attached Comments See attached Comments Contacted: Y1n ~ I U^ Date: 3' 3 ~ ~~ Phone: Emailed: - ~ (pM Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. • • BEFORE THE MERIDIAN CITY COUNCIL C/C April 1, 2008 IN THE MATTER OF THE APPLICATION OF LANDMARK ENGINEERING & PLANNING, INC., FOR FINAL PLAT APPROVAL OF 3 COMMERCIAL BUILDING LOTS AND 1 COMMON LOT ON 4.52 ACRES IN A C-N ZONING DISTRICT LOCATED ON THE NORTHEAST CORNER OF LOCUST GROVE ROAD AND MCMILLAN ROAD IN A PORTION OF THE SW '/ OF THE SW 1/ OF SECTION 29, T. 4N., R. lE CASE NO. FP-08-003 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 April 1, 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: April 1, 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 CONDITIONAL APPROVAL OF FINAL PLAT FOR WOODLAND SPRINGS SUBDIVISION NO. 1 / (FP-08-003) Page 1 of 4 • 1. The Final Plat of "PLAT SHOWING WOODLAND SPRINGS SUBDIVISION NO.1 LOCATED IN A PORTION OF THE SW % OF THE SW'/ OF SECTION 29, T. 4N., R. lE., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2008, HANDWRITTEN DATE: 03/21/08, SHEET 1 OF 4, LANDMARK ENGINEERING & PLANNING, INC.", WOODLAND SPRINGS, 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: April 1, 2008, listing 13 SITE SPECIFIC REQUIREMENTS/FINAL PLAT and 17 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Morgan Development, 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 April 1, 2008 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WOODLAND SPRINGS SUBDIVISION NO. 1 / (FP-OS-003) Page 2 of 4 mosquito breeding problem; and require plans to be submitted for a plan review of any food establishment, beverage establishment, and 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: The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all ofF site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review 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, withintwenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ORDER OF CONDTTIONAL APPROVAL OF FINAL PLAT FOR WOODLAND SPRIlVGS SUBDIVISION NO. 1 / (FP-08-003) Page 3 of 4 By action of the City Council at its regular meeting held on the ~ ~ da Y of ~I(1 ~ , 2008. By: ~~''~/~ , \L~,,,,~~~~~~~~,t,,,~, TammydeW d `~~ ~( ,~ Mayor, Ci Meridian Attest: ~` ~~ "~ ~, -~ p SEAL = Jaycee olman, City Clete ~~ Q Copy served upon Applicant;'Ch~~ a>~~oning Department, Public Works Department, and City Attorney. ~rrrrrn n ~ +++++`'' BY~ W~ Dated: ~-~-~~ Ci Clerk's Office ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR WOODLAND SPRINGS SUBDIVISION NO. 1 / (FP-08-003) Page 4 of 4 CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTIGIENT5 STAFF REPORT STAFF REPORT: Meeting Date: April 1, 2008 E IDIAN~~-- TO: Mayor and City Council o ®~ ~s ~ FROM: Kristy Vigil, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 SUBJECT: Woodland Springs Subdivision No. 1 Request for Final Plat Approval of Woodland Springs Subdivision No. 1 Consisting of 3 Commercial Building Lots and 1 Common Lot on 4.52 Acres in a C-N Zoning District by Landmark Engineering & Planning, Inc (File# FP-08-003). 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 SUMMARY & LOCATION The applicant, Landmark Engineering & Planning, Inc., has applied for final plat approval of 3 commercial building lots and 1 common lot on 4.52 acres of land for Woodland Springs Subdivision No. 1. The zoning district for the proposed subdivision is C-N (Neighborhood Business District). Woodland Springs Subdivision No. 1 is located on the northeast corner of Locust Grove Road and McMillan Road in Section 29, T. 4N., R. 1 E. This property has not been previously platted The City Council approved the preliminary plat for Woodland Springs Subdivision on January 8, 2008. The submitted final plat substantially complies with the approved preliminary plat. NOTE: The subject subdivision phase does not include 3.03 acres of the preliminary plat. If building permits are requested in this area (the northern portion of the site and preliminary platted as Lot 1, Block 1) all required subdivision improvements will be required to be installed prior to occupancy. These requirements will be included in any future CZC application/permit. Staff recommends approval of Woodland Springs Subdivision No. 1 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved, development agreement (108022886), annexation (AZ-07-014), and preliminary plat (PP-07-019) applications for this subdivision. Exhibit "A" FP-08-003 Woodland Springs Subdivision No. 1 FP.doc PAGF CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTIVIENTS STAFF REPORT 2. If the City Engineer's signature has not been obtained by 01/08/10, the Final Plat approval for this subject phase shall expire. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 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 signature of the final plat by the City Engineer, the applicant shall submit an application to vacate the existing Idaho Power easement (inst. # 286004). 6. Graphically depict storm drainage facilities to be maintained by the Woodland Springs Business Owners Association on sheet 2 of the plat. 7. Revise or add the following note(s) on the face of the plat prepared by Landmark Planning & Engineering, Inc., stamped on 03/21/08 by William B. Erickson, prior to signature of the final plat by the City Engineer: 2.) Revise to include the lots impacted and the type of facilities to be maintained by the Woodland Springs Business Owners Association. 10.) Revise note to read "...direct lot access ..." 13.) Revise to Read "A license agreement with Settlers Irrigation District for the North Slough Lateral has been recoded under Instrument Number 108030093 and their easements are shown on this plat." 16.) Include instrument number. *.) Revise the subdivision name to read "Woodland Springs Subdivision No. 1." *.) Add a note, "This plat is subject to the development agreement recorded as instrument number 108022886 of Ada County Records." 8. Because Staff has concerns regarding tree mitigation on the site (there are 213 caliper inches that need to be mitigated for), submit a tree mitigation plan to the Planning Department prior to signature of the final plat by the City Engineer. Said tree mitigation plan shall be approved by the City Arborist, Elroy Huff, 888-3579. 9. The landscape plan, prepared by Landmark Planning & Engineering, Inc., and dated 03/24/08 is approved with the following changes: a. Include fencing details on the face of the plan (i.e. construction materials, & picture/sketch). b. Include the tree class in the plant schedule. c. Add 2 additional trees to the 20-foot wide landscape buffer adjacent to the residential subdivision located on the east side of the site. The 2 additional trees will count towards the required mitigation number. d. Include the lawn symbol on all buffers located on the site. e. Depict the required 8-foot wide pedestrian walkway connecting Lot 1, Block 1 to Locust Grove Road on the face of the plan. Exhibit "A" FP-08-003 Woodland Springs Subdivision No. 1 FP.doc PAGF CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPAR• NTS STAFF REPORT The landscape buffers adjacent to the residential subdivision to the east (Portico Place Subdivision), Locust Grove Road, McMillan Road, and Beethoven Road are subdivision improvements and shall be installed prior to occupancy of the first building. The internal landscaping for the individual lots/buildings and parking areas not approved with-this final plat, they will be reviewed with each individual CZC. Submit three copies of a revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. Said plan shall be consistent with the changes listed above. 10. 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. 11. 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. 12. 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. 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 ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 13. Staffs failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and the Settlers Canal, 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. Exhibit "A" FP-OS-003 Woodland Springs Subdivision No. 1 FP.doc PAGF CITY OF MERIDIAN PLA•ING AND PUBLIC WORKS DEPAR~ NTS STAFF REPORT 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. 3. 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-l. 5. 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 plan approval. 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. 9. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 11. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 12. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. Exhibit "A" FP-08-003 Woodland Springs Subdivision No. 1 FP.doc PAGF CITY OF MERIDIAN PLA~ING AND PUBLIC WORKS DEPAR~ENTS STAFF REPORT 13. 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. 14. 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. 15. The engineer shall be required 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 of the crawl spaces of homes is at least 1-foot above. 16. 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 ACHD. 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. 17. 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 Woodland Springs Subdivision No. 1 (FP- 08-003) with the above stated comments and conditions. Exhibit "A" FP-OS-003 Woodland Springs Subdivision No. 1 FP.doc PAGE P.O. Box 1604, Idaho Falls, ID 83403 (208)529-3312 FAX: {208)St9-SS63 Kristy Vigil Assistant City Planner City of Meridian 660 E. Watertower, suite 202 Meridian, Idaho 83642 March 31, 2006 Dear Kristy: have reviewed the staff report for the City Council meeting date April 1, 2008. The staff recommended conditions are in compliance with the preliminary plat development agreement and other established City regulations. We are in support of the conditionals for approval and ask the City Council to approval the final plat during their regular meeting on April 16`. Due to other commitments, I will not be able to attend the City Council meeting. If you have any questions please call me at (Z08)-222-7602. Sincerely, 1 Todd Meyers Morgan Development Exhibit "B" ~~ ~J March 28, 2008 FP 08-005 MERIDIAN CITY COUNCIL MEETING April 1, 2008 APPLICANT Paramount, LLC ITEM NO. 9 REQUEST Final Plat approval for 33 residential building lots and 1 common lot on 7.61 acres in an R-8 zone for Paramount Subdivision No. 16 -west of N. Meridian Road and north of W. McRAillan Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Staff Report See attached Comments Contacted: Q S~~'~"~ Date: ~' a i '~~ Phone: Emailed: g j }~ y~/, Staff Initials: aterials presented public meetings shall become property of tite Ctiy of Meridian. U BEFORE THE MERIDIAN CITY COUNCIL C/C April 1, 2008 IN THE MATTER OF THE APPLICATION OF PARAMOUNT DEVELOPMENT, LLC, FOR FINAL PLAT APPROVAL OF 33 RESIDENTIAL BUILDING LOTS AND 1 COMMON LOT IN A R-8 ZONE FOR PARAMOUNT SUBDIVISION NO. 16, LOCATED WEST OF N. MERH)IAN ROAD AND NORTH OF W. MCMILLAN ROAD, SE '/ OF SECTION 25, TOWNSHIP 4 NORTH, RANGE 1 WEST CASE NO. FP-08-005 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 April 1, 2008, and the Council finding that the Administrative Review is complete from Jenny Veatch, Assistant City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: April 1, 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: 1. The Final Plat of "PLAT SHOWING PARAMOUNT SUBDIVISION NO. 16 LOCATED IN A PORTION OF THE SE % OF SECTION 25 and T4N, R1W, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 16 (FP-08-005) Page 1 of 4 r~ u C BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO 2007, HANDWRI'T`TEN DATE: 2/15/2008, SHEET 1 OF 3, JAMES R. WASHBURN", Paramount Development, Inc., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Jenny Veatch, Assistant City Planner for the Planning and Zoning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: April 1, 2008, listing 10 SITE SPECIFIC REQUIREMENTS/FINALPLRT and 16 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 Brighton Corporation, 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 April 1, 2008 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should ORDER OF CONDTTIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 16 (FP-08-005) Page 2 of 4 • obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Deparhnent, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDMSION NO. 16 (FP-OS-0OS) Page 3 of 4 • 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, withintwenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. S'~' By action of the City Council at its regular meeting held on the I day of ,~,p~ ~ , 2008. By: Tammy de ` ~~~~~~uurrrrr ````````` ~~~ ~ i'~~~~''r',''.~ Mayor, Cl O erldlan Attest: ~ ~ ~~ ~~ ~ 0 ~ L Jaycee olman, City Clerk ~ t ~ D Copy served upon Applicant, ti~,~ ~ Department, Public Works Department, and Clty ttOrney. °°0''rrrrrrr~, ~~~~,~~``~\`\\ By: I Dated: ~"~l ~~ C' Clerk's O ce ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT SUBDIVISION NO. 16 (FP-08-005) Page 4 of 4 CITY OF MERIDIAN PLA~ING AND PUBLIC WORKS DEPAR~ENTS STAFF REPORT STAFF REPORT: Meeting Date: April 1, 2008 E IDIAN~ -~- TO: Mayor and City Council FROM: Jenny Veatch, Assistant City Planner 208-884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 SUBJECT: Paramount Subdivision Number 16 Request for Final Plat Approval of Paramount Subdivision No. 16 Consisting of 33 Single-Family Residential Building Lots and 1 Common Area Lot on 7.61 Acres in an R-8 Zoning District by Paramount Development, Inc (File# FP-08- 005). 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 SUNIlVIARY & LOCATION The applicant, Paramount Development, Inc, has applied for fmal plat approval of 33 single-family residential building lots and 1 common area lot on 7.61 acres of land for Paramount Subdivision No. 16. The zoning district for the proposed subdivision is R-8 (Medium-Density Residential). The gross density of the proposed subdivision is 4.34 dwelling units per acre; the net density is 5.64 dwelling units per acre. Paramount Subdivision No. 16 is located west of North Meridian Road and north of W. McMillan Road in the SE % of T. 4N., R. 1 W., Section 25. This property has not been previously platted. A Conditional Use Permit for a Planned Development was approved for this subdivision that allowed for a reduction in the minimum lot size from 6,500 s.f. to 3,960 s.f. for detached units and from 6,500 s.f to 3,159 s.f. for attached units; a reduction in the minimum dwelling size from 1,301 s.f. to 1,101 s.f for the detached units; a reduction in the front setbacks for living areas from 15' to 10' for both the detached and attached units; a reduction in the street side setbacks from 20' to 10' for both the detached and attached units; and a reduction in street frontage for each lot from 65' to 36' for the detached units and from 65' to 27' for the attached units. The City Council approved the preliminary plat for Paramount Subdivision on June 24, 2003 and the submitted fmal plat substantially complies with the approved preliminary plat. Staff recommends approval of Paramount Subdivision No.16 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS Applicant is to meet all applicable terms of the approved preliminary plat (PP-03-004), conditional use permit (CUP-03-008) and development agreement (Inst. No. 103137116). FP-OS-005 Paramount Subdivision Number 16 FP.doc PAGF CITY OF MERIDIAN PLAN'QING AND PUBLIC WORKS DEPART~NTS STAFF REPORT 2. The Final Plat approval for this subject phase shall expire if the City Engineer's signature is not obtained within 18-months from the Engineer's signature of phase 15. 3. The applicant has indicated that the Homeowners Association will own and operate the required pressurized irrigation system in this development. Therefore plans and specifications will be reviewed and approved by the Public Works Department during the construction plan approval process. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single-point connection is used, the developer shall be responsible for the payment of assessments for the irrigable common areas prior to signature on the final plat by the Meridian City Engineer. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-Z. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist or construction debris shall be regularly removed in accordance with an approved trash management asrreement. ~~ Fencing along the common area shall be installed prior to release of the first building perms occupancy for this subdivision. 6. The plat prepared by Engineering Northwest, LLC., stamped on 02/15/08 by James Washburn, is approved with no changes. 7. The landscape plan, prepared by The Land Group, and dated 01/18/08, stamped revised 3/25/08 is approved with no changes. Submit a copy of the Ada County Street Name Committee's "Final" letter for the street names and lot & block numbering. Make all corrections necessary to comply. 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. 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 ACHD, City of Meridian and all other regulatory requirements at the time of fmal construction. 10. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. GENERAL REQUIREMENTS 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. FP-08-005 Pazamount Subdivision Number 16 FP.doc PAGF CITY OF MERIDIAN PLA~ING AND PUBLIC WORKS DEPART~NTS STAFF REPORT 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base shall be approved by the Ada County Highway District, and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 3. 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. 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. 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 fmal plat. 7. 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. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 10. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. 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. 12. 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. 13. 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. 14. The engineer shall be required 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 of the crawl spaces of homes is at least 1-foot above. 15. The applicant's design engineer shall be responsible for inspection of all irrigation and/or FP-08-005 Paramount Subdivision Number 16 FP.doc PAGF CITY OF MERIDIAN PLA~ING AND PUBLIC WORKS DEPAR~NTS STAFF REPORT 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. 16. 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 Paramount Subdivision No. 16 (FP-OS-005) with the above stated comments and conditions. FP-08-005 Paramount Subdivision Number 16 FP.doc PAGF r~ l.._J Pale 1 ct~ 1 Jenn6fer Veatch From: twtiko lNardle [mwardled~bttghtanoerls comj Sent: Tuesday, Apn'i 01.28 t~:3B AP11 Ta: ,lennifer Veatch Cc: Cavid Turnbull Jay Wa-ker Subject: Parmount 16 Conditions ~'enra~tt~~ lay tr~daFker calif represent Brighton an ts¢hal# of Paramount tVo° 1(~ at the City Crauncil meeting this evening.. The ~niy issue we have with the Conditions df Approval pertains to Site Specific Corrditlon 5: 5. ~~ll f~ zeitt~ rrastctflecl r~ti titre cite tttttcd Ese lrt rr'tm~d'ictrac°e with C: LK` l l ~3~1-f etrt~l f t- ~r#-~'. 'TeYrt~raretrt' "r ~rastrtac•t~R'rrr,f °tar'iat,.~ try ~"+kaarztitt blc ~r°i,~ .cftr2dl H~ it~7etll~~ trt tdt~ trts~cz`ir~ar`rxtt hrazttarlet~t` e~~dt~t~g: ~+wrtrr,~t~f~t,f~tar°~ptt~ urrA~u e~y,ad t_CdSI rir' e't:+tJS'trlr~'dl~xtt a~'a"fuAtti .4~@c~dl ~?t' P~ti~~~tP~P~~`1_r~de- in eSa~'~i'['~®~z~t+ Ai°~tlt 61F7 t2j3jxPtJ1''6~ ~T't,tt~7 ttrcgtl~?"ttrt•!~ u~r~, ~ rraertt d'crrrtatr°l~.r f~Yt~~fsc3,~dtrtld ds~- -ri~trrddGrl~t~ir,r try r€lc•~ct~ ead''lvttil~dat~~rfr~ardis_,ta~r- t~r~s' Yfl~t,dYt'l,tiFri7t. 'Dint ~Qn€s: Inasmuch as Brighton has a trash ma-tagernent agreement in plat, arai construction materials end iebris as regularly removed, we request that the °rsci~'sttsrerJ" pt~rticsn of the. condition be deleted r # _a tnd~rlfn~d_pcart%on b~ aa3d,. ~oittt Two: F'eramount 16 lute era elf interior to the proj and lndividatal lot fencing is st the opticnt of the ~ameomrner, hence, we raduast that the last. ° bluem led" sentence be deleted. f yQU have questions, pleas call me. 141rik~ ~'~rd1~ C~str,°~tr~r• ~~"t'~~.rrrrrY~ gtg~l~tnrt C:~rp®srtCd~rt zrn~aas.xsr.~9z a®u ~oa.es~.ec~ „wai8t~6t#~Me~r+~ro r»arwa • March 28, 2®08 MERIDIAN CITY COUNCIL MEETING Apri! 1, 2008 FP OT-032 APPLICANT Canterbury Commons, LLC • ITEM NO. ~ O REQUEST Request for Final Plat approval for 192 multi-family units on 48 building lots and 1 common lot on 13.99 acres in an R-15 zone for Canterbury Commons Subdivision -south of West Pine Avenue & east of N. Ten Mile Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See attached Staff Report Contacted: Qf'1 Date: '~C-10~ Phone: Emailed: ~ Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • BEFORE THE MERIDIAN CITY COUNCIL C/C April 1, 2008 IN THE MATTER OF THE APPLICATION OF CANTERBURY COMMONS, LLC, FOR FINAL PLAT APPROVAL OF 54 RESIDENTIAL BUILDING LOTS, 6 COMMON LOTS AND 1 LOT TO BE RESUBDIVIDED AND DEVELOPED IN THE FUTURE IN A R-15 ZONE FOR CANTERBURY COMMONS NO. 1, LOCATED SOUTH OF W. PINE AVENUE AND EAST OF N. TEN MILE ROAD, SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST CASE NO. FP-07-032 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 April 1, 2008, and the Council finding that the Administrative Review is complete from Jenny Veatch, Assistant City Planner for the Planning Department, and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: April 1, 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: 1. The Final Plat of "PLAT SHOWING CANTERBURY COMMONS SUBDIVISION NO. 1 LOCATED IN SECTION 11, T3N, R1 W, BOISE MERIDIAN, MERIDIAN, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CANTERBURY COMMONS SUBDIVISION NO.1 (FP-07-032) Page 1 of 4 ADA COUNTY, IDAHO 2007, HANDWRITTEN DATE: February 26, 2008, SHEET 1 OF 5, MICHAEL R. ENGEBRITSON", Canterbury Commons, 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 Jenny Veatch, Assistant City Planner for the Planning and Zoning Department and Scott Steckline, Development Services Coordinator for the Public Works Department, dated: Hearing Date: April 1, 2008, listing 23 SITE SPECIFIC REQUIREMENTS/FINALPLRT and 17 GENERAL REQUIREMENTS, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of 5 pages, and by this reference incorporated herein, and the response letter from Ryan Carrie of Lochsa Engineering of Idaho, PLLC, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 2 pages, and the Public Utilities Easement Release letter from Lochsa Engineering, a true and correct copy of which is attached hereto marked Exhibit "C" and consisting of 1 page, and by this reference incorporated herein, and the additional requirements of the Council taken at their April 1, 2008 meeting as follows, to-wit: 1.1 Adopt the Recommendation of the Central District Health Department as follows: The Central District Health requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CANTERBURY COMMONS SUBDIVISION NO.1 (FP-07-032) Page 2 of 4 • . mosquito breeding problem; and it is suggested that the stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 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 thantwenty-eight (28) days after the final decision concerning the matter at issue. A ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CANTERBURY CONIMONS SUBDIVISION NO.1 (FP-07-032) Page 3 of 4 ~~ • 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 after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. S~ By action of the City Council at its regular meeting held on the day of ~ t ~ , 2008. Attest: Jaycee dolman, City Clerk \~~. ` ~ ' ,,~ Tammy `•~~~'~{ ~,'~''-- Mayor, ~r~ ~~ ? ~ s S~,~L = ' ,~ ` Copy served upon Applicant, the City Attorney. By City Clerk's Office of Meridian Department, Public Works Department, and Dated: ~' 2-~ '~ ~ ORDER OF CONDTTIONAL APPROVAL OF FINAL PLAT FOR CANTERBURY COMMONS SUBDIVISION NO.1 (FP-07-032) Page 4 of 4 CITY OF MERIDIAN PLAN~NG AND PUBLIC WORKS DEPART~TS STAFF REPORT STAFF REPORT Meeting Date: April 1, 2008 E IDIAN~~-- TO: Mayor & City Council e FROM: Jenny Veatch, Assistant City Planner 884-5533 Scott Steckline, Development Services Coordinator 208-898-5500 SUBJECT: Canterbury Commons Subdivision No. 1 • FP-07-032 Request for Final Plat Approval of 54 residential building lots (48 multi- family condominium lots and 6single-family residential townhouse lots) 6 common lots, and 1 lot to be re-subdivided and developed in a future phase on 14.01 acres in an R-15 zoning district (FP-07-032). 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 SUNIlVIARY & LOCATION The applicant, Canterbury Commons, LLC, has applied for final plat approval of 54 residential building lots in an R-15 zoning district for Canterbury Commons Subdivision No. 1. The current zoning designation for the proposed subdivision is R-15 (Medium High-Density Residential). The gross density of the proposed subdivision is 14.3 dwelling units per acre and the net density is 34.08 dwelling units per acre. Canterbury Commons No. 1 Subdivision is located on the south side of W. Pine Avenue and east of N.Ten Mile Road, in Section 11, Township 3 North, Range 1 West. This property has not been previously platted. The Meridian City Council approved the preliminary plat for Canterbury Commons Subdivision No. 1 on October 3, 2006 and the submitted fmal plat substantially complies with the approved preliminary plat. Staff recommends approval of Canterbury Commons Subdivision No. 1 with the comments and conditions stated in this report. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all applicable terms of the approved annexation and zoning (AZ-06-013), development agreement (Inst. #106187188), preliminary plat (PP-06-011), conditional use permit (CUP-06-006) alternative compliance (ALT-07-006) and conditional use modification (MCU-07- 005). 2. If the City Engineer's signature is not obtained by 10/03/08, the Final Plat approval for this subject phase shall expire. FP-07-032 Canterbury Commons Subdivision No. 1 FP.doc CITY OF MERIDIAN PLANING AND PUBLIC WORKS DEPART~NTS STAFF REPORT Provide an easement for a public bus pullout bus stop along Pine Avenue. Coordinate the location of the easement with Valley Ride staff. 4. The applicant shall align, where appropriate, the handicapped parking stalls as to provide an open corridor for fire department gurney access to the multi-family units. 5. Provide a copy of a recorded cross-access/ingress-egress and parking maintenance agreement for Lot g 53 (private streets). 6. The applicant shall be required to condo the 4-plex buildings, as proposed. The condo of each 4- plex building shall be completed prior to occupancy. 7. A Certificate of Zoning Compliance (CZC) is required prior to issuance of building permits for the multi-family units and the clubhouse building. The multi-family units may be combined in one CZC or submitted separately for approval. Lot 58 of Block 2 shall be anon-buildable lot until it is resubdivided in a future phase. The subject final plat shall be recorded prior to issuance of Certificates of Zoning Compliance. 10. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of building permits for this subdivision. 11. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a single-point connection to the potable water system is used, the developer shall be responsible for the payment of assessments for the imgable common areas prior to signature on the final plat by the Meridian City Engineer. 12. Prior to signature of the final plat by the City Engineer, all existing structures shall be removed or relocated. 13. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 14. Revise or add the following plat notes on the face of the plat prepared by Engebritson Land Surveys, Inc., stamped on 2/26/08 by Michael R. Engebritson: 3.) Revise to include instrument number. 4.) Revise to read, "Lots 1, 12, 13, X9-31, and 54 of Block 1 are common lots to be owned and maintained by the Homeowners' Association. , Lots 1 and 12 of Block 1 are for use as landscape buffers. The club house facilities will be located on Lot 54 of Block 1. 6.) Revise to read, "Lots 1, 12, 39, 40, and 41 or a portion of said lots of block 1 are servient to and contain the ACRD storm water drainage system. These lots are encumbered by that certain Master Perpetual Storm Drain Easement recorded on June 1, 2004 as instrument No. 104068411, official records of Ada County, and incorporated herein by this reference as set forth in storm water drainage system are dedicated to ACHD pursuant to section 40-2302 Idaho code. The Master Easement is for the operation and FP-07-032 Canterbury Commons Subdivision No. 1 FP.doc CITY OF MERIDIAN PLA~ING AND PUBLIC WORKS DEPART~NTS STAFF REPORT maintenance of the storm water drainage system." Depict this note where it applies on the face of the plat. *.) Add a note, "All common lots and landscape buffers to be owned and maintained by Homeowners Association." *.) Add a note, "Lots 1, 12, 13, 31, and 54 of Block 1 shall have a blanket easement for use as drainage, public utilities and irrigation purposes." *.) Add a note, "Common Lot 6 53 (private streets) shall provide for cross-access/ingress- egress for all lots in Block 1 to gain access to W. Pine Avenue." *.) Add a note, "Lot 58 of Block 2 shall benon-buildable until it is resubdivided in a future phase." *.) Add a note, "The bottom elevation of building footings shall be set a minimum of 12 inches above the highest known normal ground water elevation." 15. The landscape plan, prepared by Jensen Belts, Associates, and dated 11/8/07 is approved with the following changes: a. Include plant symbol and quantity in the Plant Schedule. b. Include width of street buffers, lineal footage of street frontage, and number of street trees in the Landscape Calculations. c. Depict the required landscape buffer along W. Pine Avenue behind Lots 2-4, Block 1. d. Add 16 additional trees to interior planters serving parking spaces in Block 1 (see redlines). 16. The applicant shall provide a minimum of 5-feet of landscaping along the south property line. At a minimum, the applicant shall also be required to plant 1 tree per every 35-lineal feet on the south side of the buildings adjacent to the south property line. 17. The landscape buffer adjacent to W. Pine Avenue is a subdivision improvement and shall be installed or surety provided for prior to signature on the final plat by the Meridian City Engineer. Occupancy within the development shall not be granted until the Pine Avenue buffer is installed. 18. Prior to obtaining certificate(s) of occupancy for the first building, the required landscaping (common lots and pazking areas), irrigation systems, perimeter fencing and all other development improvements and amenities shall be installed. Prior to signature of the final plat by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sewer, water, etc. 19. The internal landscaping and parking areas for the individual lots buildings are not approved with this fmal plat, they will be reviewed with each individual CZC. Submit three full-size copies of the revised landscape plan to the Planning Department prior to signature of the final plat by the City Engineer. 20. 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. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved FP-07-032 Canterbury Commons Subdivision No. 1 FP.doc CITY OF MERIDIAN PLA~ING AND PUBLIC WORKS DEPART]GIENTS STAFF REPORT 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 ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 21. 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. 22. Maintenance of all common areas shall be the responsibility of the Canterbury Commons Subdivision No. 1 Homeowners' Association. 23. Staff's failure to cite specific ordinance provisions or conditions of the preliminary plat does not relieve the Applicant of responsibility for compliance. STANDARD CONDITIONS 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 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. 3. 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. 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. 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. 7. 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. 8. Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. FP-07-032 Canterbury Commons Subdivision No. 1 FP.doc CITY OF MERIDIAN PLA~ING AND PUBLIC WORKS DEPARTNTENTS 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. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. 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. 12. Prior to any excavation or improvements within this development that applicant shall submit a Flood Plain Development Permit and comply with all conditions of the same. 13. 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. 14. 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. 15. The engineer shall be required 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 of the crawl spaces of homes is at least 1-foot above. 16. 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 ACHD. 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. 17. 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 Canterbury Commons No. 1 Subdivision (FP-07- 032) with the above stated conditions. FP-07-032 Canterbury Commons Subdivision No. 1 FP.doc n ~~ PAgc I ®f JenniP~r Veatah From: Ryan Larsen tRl~arsen~Eoc~asa6daha>caml Setab Ftadey, M®rch 28, 2008 7;57 AM To: .tennifisr V#-, Tarn Green; t~fache[!e klill Sulaja~ct: RE: Garaat~rbury Camrtrcns Sul~livision Report far 47-08 CC mtg Attechrate~: 07081 LISPS P~proarel.pdf j~ny. We gave reviewed the ecnnditions Fer the April i, 2008 anc~¢tirag for Canterbury Commons. ~e agr to the ctanditions Listed swith these exceptitsns: Site Specific Caxaaditian ~5 ~- Lot E+ should be changed to tot 53. X12 -The eoatiT«aetcar awes planning ~ demolish al! buildingsa except the we~rn mast house. This house wrauld ba: used as a construction office. The west-tern most hour sits.on proposed l~xt l l +nf blaek 1. all propcd rosadways a:an be eolastrueted witlaeaat detrcolishing this heaust.•. Th>s hour evil! be demolished onaze the caanstruazdaan of a~11 rcaadw$ys and other buildings has beiYn ccarrapleted. After demalishing this hctiaasar, the builda'ng for lot 11 end baskc3tbap court wilt be ccanstru+rted. ~la-c -Note ea~ill read, "C,c~arnmm°t Lot 5~ (priw~ate str~t~)..." #26 =The buffer can the rsuth property line occurs behween die fera~ and dae rear lest (itae. A patio of#en extgrads to that praint. Early ennstruction taf the buffer wrauld result in it being destsnye+d as each unit is later ae° rastruet~. It is c~raly practical tc> construct the buffer along with each unit, and twill be daaae sea at that tirrae. #l$ - We agree, rwith the eareeptionof dae scauth 5' landscape buffer for which eve will, if naecessary, provide the bond. See item 15. #21- A copy of the 1'c~tmastEr approval h~ been attached to this +email Standard Conditions ~I -There are race plans tr- cover the Ten Mile Stub Drain or the tight Mile t~ateral. The Cresson Lateral menticxned in this t~ondition dose prat bntdcr the subject. prcaperty. Plea3e contact me ~ you have stay quesdctns. Thank you. RYAN I.A~,SEN, E.I.T. LC3CMSA E~~~LE[ili~9t, C.,F IUAHU, PC LC ~f9~2C10~ • Page ~ of p.h. t2asj -aa ~ ~1a fx. (2fl~) 342-30a9 rlars~n~."iochsaic~~ha.cc~m ra®iE: ~I Entr~m~atlvn sin ~ this Ow as terHtdcnaia9. ~e ralglana cr true tnsarrrrauan sh0[i rtst . qr asodiry tits in[armattms a9tt~at the prrnr wnn~n as Loohsa Engirng, EmaN e~n,raz ~ taca to be taecura iar e~n~rfres, ark E~~n~-in~ a&~pln rro umtfuty aor ~r dainegs c~+uca 6p asy eiatura of v(rus trarrsmtete~ ~y te3ffi nmmd. -- Fro[nt: ]errr~far Vt~teh Cmailin:veatchj~m~Idlanc(Ly.or9] 5~t: Thursday, Mareh 27A 2008 2:34 PM To: Tara Green; M8ch8ite HId; layCee Hoirnata; Ted I~ifd; $III Mary; Mic6eUe vn C~ Ryan L~krt; C, Caleb HfiOd; ABrQn Harr[c~feld ;~+,bjec~ Carttt~rbury CorPSrnons Suladl~ion Siff Report for 4-1-tt13 CC mtg P1r~se find attached the Staff Report for the prsposed Final Fiat for C~terbury Cammor~c Sul~is~ision (1~P-O7-032. These items are sc:trcdtaled to be on tha City Council agenda can April 1 ~ 2{108. The pubtic rneetin~ ~ri(1 be held at City klali, ~3 E. Idaho A~•enue, begstming at 7:flli psxi. Please tail. ar t~-mail tivith any ~qutrstiuns. 1Zyan - Pl~a.~e subn3it an}~ v~ritten respttinsc yrnu ma}~ ita~e to tls~e recrsrnmensiations in tlxe rep~ri tcs the Cit}~ Clerk (,,,. r~ nt.meridian~ity.orrg & lnll_'u~~t ~dianc° ur :)and myself ire-rr~ail car fa+e - BSS-~~~) as soon as ptassilaie. I~hank you. '~enf~c ~!eatrh ft1r-tdd17A Plsauira~ 13t~t4[tmNnt ~G F~ ."~'atcxtn~e~ Ilanr, S~,rtc ~~ A9rr3diaa. LLa A3fr4? ~flR,fiff~4.3~33 ~OS.ti'dS.C~~a54 (fi~sp s~ttch (t~x~eridian~•it`•.arg, 4,1~t20013 ~e~+ns~ry ~bti ~~ ~ C 6~ ~r'~CF~[i}111 ~`11~C (tt`~ IVIIet~id~A IIZ ~3~ .~ ~ t~ -~~. L4C1-~~aA, ~i~N~~F~~l~tf Lst'k~:#7~f~~4~.C 47~Wr`E,'I? 4,. fie. ~ul~ec~r; t~~ry ~asuniox~s l~u~r~~'G~t~ty ~t~r~i Apgr~e~~l A2r. ~k.Qina: `3 he fal~avdng £~ a n~ ~~ ~r~rosed pubilc ut~.ity ec~rt ~ C~t~wry inns P$~1~ lira in Vl~cidiaa, ~s~iv. Pallavri~ c+ur dafir.s:~ ~.e r~ppr~.~1 of ~ find plat re.~uirea ~ ire appr~t ~d by ~e l~ ~vidrra T~ v~ieb you dete~ir~d to be l~s than surd include ~ side ~ of btadld~~ .~5 and 57 cfi F>a 1~ side yatt~s t+£ bnildi,~~s ~#~ and 39` t~ ~tr~t y~d„a v~' btii~ds '.~ 4 th~ru,~h 26 and rear yesris ~f 1~ t~nrt-ugh ?~. Pte sc~ the l~at ~'r Plan pravtc by t 'P4~r T.~ ehc~e are any firmer cctmmcnts ar ~~ ~ls~ wnm o~'at~ ~ ~a~ carlir~t ~.~ ~~ ~~~ ---G~ .~°~ .~ f~D ~~ V. ar~te aa~~m std. ~~~ , e-~< ~~, ~~ *~ (~$1.?~?-zr ~s •~~~.zc~ ~. =.~o~~ a~. • March 28.2008 MERIDIAN CITY COUNCIL MEETING RZ 07-021 April 1, 2008 APPLICANT Joint School District No. 2 ITEM NO. ~ ~ REQUEST Continued Public Hearing from March 4, 2008 -Request for a Rezone of 27.89 acres from R-4 to C-N and L-O zones for Education Campus Commercial southeast comer of North Locust Grove Road & East Leigh Field Drive AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Previous Item Packet /Minutes Contacted: Date: 3.3 ~ ~ ~ Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CHy of Meridian. ~ ~ March 2$, 2008 PP 07-025 MERIDIAN CITY COUNCIL MEETING April ~ , 2008 APPLICANT Joint School District No. 2 ITEM NO. 12 REQUEST Continued Public Hearing from March 4, 2008 -Request for Preliminary Plat approval of 7 commercial building lots on 25.87 acres in proposed L-O & C-N zones for Education Campus Commercial -sec of N. Locust Grove 8~ E. Leigh Fd. 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: COMMENTS See Previous Item Packet /Minutes ~~ ~\~ OTHER: Contacted: ~~ bG 1h Date: ~ (-pg Phone: Emailed: ~ Staff Initials: Materials presented at public meetings shall become property of the City of Mertdian. Mann 28, 2008 MI o8-002 MERIDIAN CITY COUNCIL MEETING Apfll 1, 2008 APPLICANT Joint School District No. 2 ITEM NO. 13 REQUEST Continued Public Hearing from March 4, 2008 -Request for a Miscellaneous Application to modify the existing DA for Education Campus Commercial -sec of North Locust Grove Road and E. Leigh Field Drive AGENCY COMMENTS CITY CLERK: See Previous Item Packet / Mlnut®s 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 ~~ N~.G~G0.~ Date: 3~ ~ ~ Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. March 2$, 200$ CUP 07-022 MERIDIAN CITY COUNCIL MEETING April 1, 200$ APPLICANT Dr. Dan Thieme ITEM NO. 14 REQUEST Continued Public Hearing from 3/25/08, -Request for Conditional Use Permit for a medical office in the O-T zoning district that does not meet the criteria of the Downtown Meridian Design Guidelines for Meridian Eye Care - 125 West Cherry Lane 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: Affidavit of Postin< See attached P&Z Item Packet /Minutes Contacted: ~S * Q~1 Date: `~,3 ~ '~ Phone: Emailed: t a- Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~~ MaP'Ch 2C7r 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT James Gipson M 108-001 April l , 2008 ITEM NO. ~ 5 REQUEST Continued Public Hearing from 3/25/08 -Miscellaneous application to modify the Development Agreement to remove the requirement for cross-access between the properties located at 125 W. Cherry Ln 8~ 1645 W. 1st St. for Mittleider 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: COMMENTS See Previous Item Packet ~~ s ~\' ~ ~~ OTHER: See attached Affidavit of c~ ~Q~~o ^~•NJ J Emailed: i ~~ ~j~gorl Date: 3 -~~ ~ Phone: Staff Initials: Materials presented at public meetings shall become properly of the Clty of Meridian. March 28, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT Randall Clarnd TE a8-oo2 April 1, 2008 ITEM NO. ~ 6 REQUEST Public Hearing -Approval of an 1 &month Time Extension to receive the City Engineer's signature on the Final Plat for Kingsbridge Subdivision No. 2 - Kingsbridge Drive and South 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: MERIDIAN POST OFFICE: COMMENTS See attached Staff Report See attached Comments OTHER: Contacted: ~ p~ QL~t..S Date: 3.3 ~''~~ Phone: Emailed: ~(y~ ' .~. ~~- Staff Initials: Materials presented at pubflc meetings shall become property of the Clay of Meddfan. • March 28, 2008 AZ 08-002 MERIDIAN CITY COUNCIL MEETING: April 1,2008 APPLICANT D.T. Campbell Investments ITEM NO. ~ 7 REQUEST Public Hearing -Annexation and Zoning of 3 acres from RUT to an R-15 (Medium High Density Residential) zone for Villas C~ Lochsa Falls - 5555 N. Linder Road AGENCY COMMENTS CITY CLERK: See attached PS~Z Item Packet /Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Recommendations CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: ,~~/~,~U ~ ~C~ ih~ Date: 3-~j~-(~~ Phone: Emailed: E'Y~'I ~, C~ Staff Initials: Materials prase ed at public meetings shall become property of the City of Meridian. March 28, 200£ MERIDIAN CITY COUNCIL MEETING: April 1,2008 APPLICANT D.T. Campbell Investments PP 08-002 • ITEM NO. ~ S REQUEST Public Hearing -Preliminary Plat approval with 1 residential building lot and 1 common lot in a proposed R-15 zone for Villas Q Lochsa Falls 5555 N. Linder Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: COMMENTS See attached PAZ Item Packet /Minutes See attached Recommendations Contacted: C,VZI N1f1 ~~ ~~ Date: 3- `-~ Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. March 28, 2oas cuP os-oa3 MERIDIAN CITY COUNCIL MEETING: April 1, 2008 APPLICANT D.T. Campbell Investments ITEM NO. ~ 9 REQUEST Public Hearing -Conditional Use Permit for 21 multi-family dwelling units in a proposed R-15 zone on approximately 3 acres for Villas Q Lochsa Falls - 5555 N. 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: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Emailed: Date: 3 3 ~ -c~- ~ Phone: Staff Initials: 'Ft~~ See attached P8Z Item Packet /Minutes See attached Recommendations Materials presented at public meetings shall become property of the City of Meridtan. ~arc9~ 28, 2008 gpril 1, 2008 20 COUNCIL MEETING ITEM NO. MERIDIAN CITY gPPLICANT oor Sales and Temporary Use Permit Ordinance: REQUEST Public Heanng - Outd COMMENTS AGENCY C-TY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECI-AMATION: ~~~~ ~~ ~~" Phone: OTHER: Date: s shcli become Pr°PertY °t the City °f Meridian. Contacted: ppatericls Presented at Public meeting March 28, 2008 MERIDIAN CITY COUNCIL MEETING April 1, 2008 APPLICANT ITEM NO. Z~ REQUEST Ordinance No. ~~ /~S :Outdoor Sales and Temporary Use Permit Ordinance (1st Reading): AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS see attached l~ P~ Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. r~ L • Mayor Tammy de Weerd City Council Members: Keith Bird Joe 8orton Charles Rountree David Zaremba March zs, 2048 mn~n~oRAZ`muM TO: Meridian City Council members Mayor Tammy de Weerd FROM: Emily Kane, Deputy City Attorney" RECE LIAR ~ ~ 20~~ ({"icy ~3f Meridian City Clerk ®r'fice RE: Changes to proposed Outdoor Sales and Temporary Events Ordinance per discussion on March 25, 2008 ~: ,. This memorandum is to provide an overview of changes made to the Outdoor Sales and Temporary Events ordinance following your discussion on Tuesday, March 25, 2048. Pursuant to your direction, the following changes were made to the draft ordinance (please see revised draft, attached}: Section 3-4-3(A)(6)(a) (page 13 of attached) was revised to say that "Application for a City of Meridian Temporary Use Permit shall be made to the City Clerk" - rather than to the Planning Department. Subsequent sections were affected by this revision, and they were also changed to be consistent: sections 3-4-3{A){6){b-f?, section 3-4-3(A}(6){g)(6), and sections 3-4-3(A}(6)(h-i). 2. The function of the Planning Department in reviewing applications for Temporary Use Permits was moved to section 3-4-3(A)(6)(a)(b) (page 14 of attached}, with the addition of the following language: "The Planning Director or designee shall review and approve such site plan(s) and/or map{s) prior to issuance of the Temporary Use Permit." 3. Section 3-4-3(C)(2)(g) (page 22 of attached), limiting Subdivision Real Estate Sales Offices to 704 square feet, was removed. Section 3-4-3{C)(2)(e) does require removal at the conclusion of the use. Any and all comments or suggestions on this memorandum or the attached draft ordinance are welcome. Please contact Emily Kane via a-mail (kanee@meridiancity.org) or phone (898-5506). Thank you. MEMORANDUM RE: DRAFT ORDIlVANCE--Page 1 of 1 City Attorney . 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-898-5546 . Fax 208-$84-8723 . www.meridiancity.org • DRAFT • March 2S, 2008 - AS REVISED CITY OF MERIDIAN ORDINANCE NO. ~~ ~~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN REPLACING CHAPTER 4, TITLE 3 OF THE MERIDIAN CTTY CODE, RELATING TO OUTDOOR SALES AND TEMPORARY USES; PROVIDING FOR DEFINITIONS; REGULATING MOBILE SALES UNITS; REGULATING TEMPORARY USES; PROVIDING FOR A CITIZEN'S USE PERMTT; AND PROVIDING FOR A SAVINGS CLAUSE. WHEREAS, the City Council finds that it is in the best interest'of the City of Meridian to accommodate within our community outdoor sales and temporary~iises that: 1) complement existing City of Meridian businesses; 2} are safe, attractive, and;desii3ble; 3) add variety W the shopping and/or dining opportunities available to City of Meridian residents; and 4) support and encourage community events and celebrations; ' WHEREAS, regulation of such outdoor salesand temporary uses is necessary to provide standazds by which such sales and events may fit this=:vsionand thereby protect the health, safety, and welfare of Meridian residents and other participants in such outdoor sales and temporary uses occurring in our community; „-,- - WHEREAS, due to the rotor-depa[rtineiitalratYUe: of ensuring that City resources are available to manage outdoor sales and temporary uses ariil~th~attendant vehicular and pedestrian .:::::-- .,.:... traffic, structures, signs, and other related coiriponerits, it is more efficient to provide far regulation of such sales and.ev~rit~ in this Title othee Meridian City Code, rather than in Title .........:.... x ,>-> 11, Chapter 3 of the Meridian~iltified Development Code, which shad be amended accordingly in a separate ordinance; WHEREAS,.the regulations of mobile'sales units as set forth herein are constitutional restrictions o~tcoftin~drei~l speeohr~bec;ause: 1) pursuant to Watchtower Bible and Tract Society of New York,~lr~i~'v. lrllage`ofStrat~oris 53b U.S. 150,1b4-165 (2002), these regulations address substantaF governmental iiitgrests, including: deterrence of fraud against Meridian residents by requiringmabile sales unitsttiprovide identification and contact information, undergo a backgrourid~clieck, and maintain insurance; prevention of crime against Meridian residents by requiring mobile=sales units'to undergo a background check and fingerprinting, provide photos, provide a descripton;of ve}icles used, and report hours of operation; and protection of Meridian residents' privacy fs"y restricting hours of operation; 2) these regulations directly advance these substantial governmental interest's as required by Western States Medical Center v. Shalala, 238 F.3d 1090, 1094 (9th Cir. 2001); and 3) these regulations are no more extensive than necessary to serve such substantial governmental interests, i.e., there is a reasonable fit between these substantial govemmental interests and the restrictions, which are narrowly tailored to do so pursuant to Watchtower, 53d U.S. at 168; WHEREAS, the regulations regarding temporary uses as set forth herein aze in accordance with available case law regarding the constitutionality of such regulations in that they: 1) do not encompass activities protected by the First Amendment to the United States DRAFT • March 25, 2008 - AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 1 of 36 DRAFT • March 25, 2008 - AS REVISED • Constitution, according to the guiding principles set forth in Nationalist Movement v. City of York, Pa., 48 F.3d 178 (3rd Cir. 200?}; 2} do not delegate overly broad licensing discretion to a government official per Forsyth County v Nationalist Movement, 505 U.S. 123, 130 (1992)); and 3} do not require the organizer to pay fees or costs that would have a chilling affect on speech {Id.); WHEREAS, the regulations regarding Citizen's Use Permits as set forth herein codify the practice of requiring a City of Meridian Citizen's Use Pemvt for large-scale use of vehicular and pedestrian rights-of--way that has been followed informally for several years in order to facilitate inter-governmental cooperation in ensuring that such use is undertaken in a time, place, and manner that rotects the heal saf '~`'~ ~+ p th, ety, and welfare ofthe public including supporting the efficient and safe flow of vehicular and pedestrian traffic on publio~ights-of-way during such use; - NOW, THEREFORE, BE IT ORDAINED BYTHE MAYOR`~A:ND CTTY COUNCII, OF THE CITY OF MERIDIAN, ADACOUNTY, IDAHO SECTION 1: That Chapter 4, of Title 3 ofthe Meridian City Code shall be repealed. -:.: SECTION 2: That a new chapter, Chapter 4, of Title 3, of the Meridian City Code shall be enacted to read as follows: CAAPTER 4 OUTDOOR SALES ANQ~TEMPORARY USES ~r ~:.:., ,... 3-4-] :DEFINITIONS:;, For purposes of this chapter,. he following terms shall be defined as follows: A. FIRST AMENDMENT ACTIVITY: Any and all expressive and associative activity that is protecte=dbythe United r$tates and Idaho Constitutions, including speech, press, assembly, and(or the rigEit;to petition. This definition shall not include activity that damages, harms or injures person'soproperty. B. GARAGE SALE: The sale, offer for sale, offer for trade, offer free of charge, or display for the purpose of selling, trading, or offering, of one {1) or more items of used or unwanted tangible personal properly, including, but not limited to: clothing, household effects, tools, toys, recreation equipment, or other used or second-hand items customarily found in or about the home; where such sale, trade, offeror any portion thereof occurs outdoors or where any goods offered for sale or trade are displayed outdoors; and such sale, trade, offer or any portion thereof occurs at a residence or residential property. This definition shall include yard sales, basement sales, attic sales, moving sales, tag sales, rummage sales, and other such sales known by terms which are synonymous with the term G~xncs SAr F This definition DRAFT • March 2S, 2008 -AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 2 of 36 DRAFT' • March 25, 2008 - AS REVISED shall not include, and this section shall not apply to, sales specifically authorized by and conducted in conformity with statute or judicial order or conducted under judicial supervision, including, but not limited to, estate sales. C. GOODS: Tangible personal property, products, produce, food, or merchandise sold, offered for sale, offered for trade, offered free of charge, or displayed for the purpose of selling, trading, or offering. This definition shall also apply to personal property, products, or merchandise that is offered or displayed to be sold, traded, offered, or delivered at another time or location, ar that serves as a sample of that to be sold, traded, offered, or delivered at another time or location. This definition shall not include fveworks;~, D. MOBILE SALES UNIT: 1. A traveling, and/or door-to-door commercial or retailest_ablishment, enterprise, facility, and/or any agent or representative thereof;; from wlch.or whom, at which or whom, or by which or whom goods andJar services are sold, traded, given away; offered for sale, trade, or giveaway; display.,ed~for the purpose o€sale, trade, or giveaway; or delivered pursuant to a. Does not remain within any 313 consecutive hours within any t, b. Is neither located on the premis proprietor, except when parlcitij sale, trade, giveaway; offer~~tis 2. A MOBILE SALES U3YT1' may travels transport, including, but not lirnitec container, or otherform_of offering 3. This def nition'sl~alY` alit include Fn property. 4. This definitiori-shall nofincluda-th~ ~hsale;trade, oc.giveaway; ai`td`which or whom: quar@s;~oot area=for more than two (2) ity-four~hQur (24haur) period; and of, nor plijsically attached to, any permanent e.stopoin~ tem`porarilY in order to conduct a onsist~of any farm of conveyance or foot, ve}iVicle, trailer, cart, wheeled or other ying, or storing goods and/or services. ENpMEiVT ACflvt7['Y on public or private of goods or services to a residence or place of,,business "pusiYant to a rile trade, giveaway, or order previously transacted or p[aced;witfi~a;:commercal,or retail establishment, enterprise, facility, and/or any agent ,.:.: or representative thereof which is not traveling and/or door-to-door. E. ORGANIZER: The person who coordinates and/or promotes one or more vendors, activities and/or venues iii order to create or produce an Outdoor Market or Special Event, and/or the`applicant inwitose name a City of Meridian Temporary Use Permit for an Outdoor Market or Special Event is held. F. OUTDOOR MARKET: The sale, offer for sale, offer for trade, offer free of charge, or display by any person or persons for the purpose of selling, tradmg, or offering, of one (1) or more items of produce, fooditems, arts, crafts, new or used tangnble personal property; where such sale, trade, offer or any portion thereof occurs: 1. Outdoors or where any goods offered for sale or trade are displayed outdoors; and 2. On public property or en property accessible by the general public; and 3. Within 300 feet of any other person or persons selling, trading, or offering one (1) or more items of produce, food items, arts, erafls, new or used tangible personal ProP~Y• DRAFT' • March 25, 2008 - AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 3 of 36 DRAFT • March 25, 200$ - AS REVISED i This definition shall include outdoor farmer's markets, au#daor flea markets, and outdoor arts, crafts, and/or hobby markets. This definition shall not include FutST AMIIVnMtaUT ACTNITY on public or private property. G. PERMANENT PROPRIETOR: The owner or occupant of real property at which such owner or occupant conducts an approved conditional or principal permitted use as such uses are defined in the Meridian Unified Deveiopment Code. H. PROMOTIONAL SALES UNIT: An outdoor or open-air commercial or retail facility from or at which goads and/or services are sold, traded, offered for salerQrtrade, or displayed for the purpose of sale, trade, ar giveaway; andwhich: -_ - 3 . Remains within any 300-square-foot area for more thaft'two consecutive hours within any twenty-four hour period; and 2. Is located on the premises of, or physically attached to, a permanent proprietor; and is operationally related or identical to such permanent proprietor';';;:; A PROM01'iONAL SAES UNPC may consist of anyfangible swcture'including, but not limited to, a stall, booth, tent, platform, box~tatle, rack,:palate, trailer; cart, vehicle, container, or other form of offering, displayirig~.~ar_sto~ing goods and/or services. 1. PROPERTY: Any tract afcantiguous,landheld in singleownership. J. SERVICES: Work or labor that is ofl~r'ed, sold, or undertaken in exchange for money, .~ ..::.~ goods, or services or that is offered or u'ndertakenfree?izf'charge. This definition shall also include work or labor that is to be offeredsoldr or undertaken at another time ar location, or -:: that serves as a sample or,dei"rtonstration ofwork or Iabor to be offered, sold, or undertaken at another time or location. K. SPECIAL EVENT:' l . A planned or foreseeable commercial, recreational, or expressive activity or gathering of persons iv~iich: a ;~ Changes,"attempts to change, or has a tendency to change the typical use of publicly accessible lan8 or facilities, ar the normai flow or regulation of pedestrian ar~vehicular traffic upon or in the sheets, sidewalks, or other publicly accessible areas; and b."':'l'akes place whether entirely or partially: (1)=Qn,_a~street or sidewalk located within the City and will likely result in some or'Ygtal obstruction of such streets or sidewalks; or {2) Or any other property, whether public or private, but requires for its successful execution the provision and coordination of City services to a degree over and above that which the City normally provides; or (3) (?n or in any area open to the public. 2. SPBCIAI, EVnvTS may include, but shall not be Iimited to: a. Parade, procession, organized movement, or motorcade, consisting of persons, vehicles, ar a combination thereof; DRAFT • March 25, 2008 -,4S REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 4 of 36 DRAFT'• March 25, 2008 - AS REVISED b. Public assembly, demonstration, march, meeting, parade, protest, rally, or vigil which involves the expression of opinions or grievances of persons for a common purpose; c. Performance, presentation, ceremony, concert, or exhibit; d. Athletic competition, race, or contest involving sports, games, or exercises; or e. Community or neighborhood celebration, gathering, or block party. 3. The definition of SPECIALEVENT shall not include: a. An activity held solely on private property not accessible by the general public and which neither requires the provision and coordination of City services to a degree over and above that which the City routinely provides nor compromises the ability of the City to respond to a public safety emergency; b. An activity, including FIRST AMENDMEiVT ACrlvI1'Ya_occurring on streets or sidewalks within the City or in or on City propeity=`wlere such activity neither results in the obstruction of streets or sidewalks;°`iior requires the provision and coordination of City services to a degree over and above that°which the City routinely provides, nor compromises theability of the City to;respond to a public safety emergency; -~s~+ -, c. Funeral processions; or -_- - . d. Programmed activities provided or managediby the City. L. SUBDIVISION MODEL HOME: A dwel~ing.which serees;;as an exhibit or example of ~, , dwellings constructed or totbe constructed within the:subdivision in which such model home is located. Where a dwelling is both a sisDMSroN MoDEZ.xoME and a susDtvlsloN REAL i+ :,;: ESTATE SALES OFFICE, the definition of SUBDIVISION MODEL HOME shall apply. - - ;,~,, = }:. M. SUBDIVISION REAti ESTATE SALES OFFICE: A stnecture from which lots and/or dwellings are sold, recited, or offered for sale:;ai•;:rent, where such structure is located in the subdivision containing'suih real"eStAte~~ Where a structure is both a SUBDIVISION MODEL HOME and a SUSDIVISiOAiIE}*AL..ESTATE Si4LE$ OFFICE, the definition of SUBDrvISION MODEL HOME shall apply: - N. TE1VI)P!ORARY SALESUNI(T: Ali outdoor or open-air commercial or retail establishment, enterprise, ar facility froi='or at which goods andtor services are sold, traded, offered for sale or trade`or_displayed fortle purpose of sale, trade, or giveaway; and which; ,,:,:; 1. Rerr~ains withiri~ary 304-square-foot area for more than two consecutive hours within any twenty-fourhour period; and 2. Is not lo~ted`on the premises of, nor physically attached to, any permanent proprietor: ' A TEMPORARY SALES UNIT may consist of any tangible structure, including, but not limited to, a stall, booth, tent, platform, box, table, rack, palate, trailer, cart, vehicle, container, or other form of offering, displaying, or storing goods andlor services. This definition shall not include the sale of fireworks. O. TEMPORARY SIGN: A sign, and/or any device, fixture, placard, or structure which: 1. Uses any color, form, graphic, illumination, symbol, or writing to identify, pmmote, advertise, or direct patrons to a TEMPORARY USE; and DRAFT • March 25, 2008 _ AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 5 of 36 DRAFT • March 25, 2408 - AS REVISED 2. Is not permanently mounted or secured. This definition shall be limited in its application to TEMPORARY SIGNS regarding TEMPORARY USES as defined in and regulated by this chapter, and shall not apply to signs defined in and regulated by other provisions of City Code, including, but not limited to, temporary and/or permanent signs regulated by the Meridian Unified Development Code. P. TEMPORA1tY USE: The carrying on, for a determinate and transitory period of time, a use oi; at, or upon real property, including, but not limited to, the sale, trade, offer, delivery, or display of goods or services, where such use is not the approved conditional or principal permitted use designated for such real property as defined and regulated by the Meridian Unified Development Code. TEMPORARY USES shall include, butsltaIl not be limited to, SUBDNLSION MODEL HOMES, SUBDNISION REAL ESTATE SALE.S4G1FF1CES, PROMOTIONAL SALES UNrrs, TEMPORARY SALES UNITS, SPECIAL. EVENTS;,;OUTUQORMARKEIS, and GARAGE SALES. The definition of TEMPORARY USE shall; not incEu~~ City management and/or permitting of City facilities or usages otherwise`:governed by Gityordinance or policy. Any TEMPORARY USE established or operated within a`park or facility operated by the City of Meridian Parks and Recreation Department shall'`be~deemed'to be either a'SPECIAL EVENT or OUTDOOR MARKET. 3-42: MOBII.E SALES UNITS: A. Cleanse andlar permit requirefnents' !Itshali be unlawful fotany person to operate, allow the operation of, or act as a MOBILE SALES (7NIT without"eacland all of the following licenses, permits, and/or certifications: 1. Any and all;licenses; permits, and/or certifications required by local, state or federal law:` , 2. Any and all licenses, permits; and/or certifications required by the Central District Health Department. 3. Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax~`Commission. 4. Any and all`Lcenses, permits, inspections, and/or certifications required by Title i+3!`afaheIvleridian City Code and/or the policies of the Meridian Parks and Recreiificn Department. 5. A City of Meridian Mobile Sates Unit License. a. Application for a City of Meridian Mobile Sales Unit License shall be made to the City Clerk, and shall include the following: (1) A completed application form provided by the City Clerk, which form shall include: DRAFT • March 25, 2048 - AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 6 of 36 DRAFT • March 25, 2008 - AS REi~ISED • (a) The name, address, driver's license number, and social security number of the applicant, and/or, if the applicant is an partnership, company, or corporation, the names, addresses, driver's license numbers, and social security numbers of the partners or officers. Addresses required by this section shall include both local and corporate addresses, as well as both physical and mailing addresses. (b} The names, addresses, driver's license numbers, and social security numbers of all employees and/or persons who will be operating or acting as a MostLE SALES UNrr within the City under the Mobile Sales Unit License. Addresses required by this section shall include both Local and corporate addresses, and both physical and mailing addresses. {c) A description ofthe goods and/or servicesta.,be sold, traded, given away, offered, displayed, and/or delivered"under the Mobile Sales Unit License. -- - - - (d) A description of the form of conveyance or transpott;to be used in the MOBILE SALES UNIT'S operation, travgling, and/or conduct of sales, trades, giveaways, offers,'~isplaysantl7or deliveries. {e) A description of any and all motor>vehicles to be used by the MOBa,E SALES UNrr, including license plate;state and number, make, model, color, and otherne~ans; of identificatonofsucli vehicles}. (f} A description of~fi%e torsIQcations, and means at and by which the ~.:: - .. MOBILE SALES UN1T~wilT;operate~travel, and/or conduct sales, trades, giveaways, offers,`llsptajis, and/or deliveries. {g) A comprehensive listing of any infraction, misdemeanor and/or felony convictions; prabationviolations; or forfeitures of bail by or ofthe :.-_ =i applicant, any partner,;officer, and/or any employees and/or persons who;wilI be op'eratng:or acting as a MOBILE SALES UNtT within the ".(h}:;;An age`jnfiupon whom service of process may be made in the State of '':Idaho. - ..,.- (2) Appltcat;ion fee as set forth in fee schedule. The city council shall have the authontiy to waive in whole or in part the application fee when such a fee would'present an unreasonable hardship. A request for a hardship waiver f,. . shall be made in writing, shall state the reasons for such request, and shall ''' ~e delivered to the City Clerk via U.S. Mail or in person. Upon receipt of ±such request, the City Clerk shall schedule a public hearing on the request at a City Council meeting within thirty {30) days. The City Council's decision on such request shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. (3) Two (2) photographs of the applicantand/or any employees and/or persons who will be operating ar acting as a MOBILE SALES UNIT within the City. Such photographs shall be two inches by two inches and shall DRAFT • March 25, 2008 - AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 7 of 36 • DRAFT • March 25, 2008 -AS REVISED show the head and shoulders of the applicant andJor employee or person in a clear and distinguishable manner. (4) Fingerprints, taken by the Idaho State Police, of the applicant and/or any employees and/or persons who will be operating or acting as a MOBILE SALES UNIT within the City. (5) Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicantand/or any employees and/or persons who will be operating or acting as a MOBILE SALES UNIT' within the City from all claims for damages to property. and bodily injury, including death, which may arise from operations under ar in connection with the permit. Such insurance shall narie;City as additional utsured and shall provide that the policy shall<iof temnate.or be canceled prior to the expiration date without 30 days'=advance written~notice to the City. Such insurance shall afford nninmum limits of $500;000:40 per person bodily injury, $500,000.00 Per occurrence_hodiiy injury`':-and $100,000A0 er occurrence roe dama' e ~ "~`''~ P P P rty g . Upon receipt of all ap~slication materials"required by this section, the City Clerk shall refer the alplication, to the Chief of.Police, who shall cause an irrvestigation to determirit<t6e validity; and completeness of the information therein. The Chief of Poliaeor his`desgiee shall endorse upon the application ...:... the findings of the investigation'and return it to the City Clerk. c. Upon .receipt o~;the findings ofahe Chief of Police or his designee, but no later than`'forty-two {42).,days fromtle date of submission of the completed applicatiorragdall=app~tication:inaterials required by this section, the City .Clerk shall! ~itlier issue a City of Meridian Mobile Sales Unit License to the applicant or d~ny;the application. Where the City Clerk denies an application ~~ for a Citof Meridian Mobile Sales Unit License, he shall notify the applicant of such denial m writing, which shall include notice of the right to appeal such decision asset forth in this section. Written notice ofthe denial shall be sent via U.S mail to the applicant at the address set forth on the application. d~~i;TheCi.y`Clerk shall deny an application for a Mobile Sales Unit License where: (1} The application is incomplete or required application materials or fees have not Been submitted; (2) Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; (3} The applicant and/or any employee and/or person to operate or act under the City of Meridian Mobile Sales Unit License has been convicted of any DRAFT • March 25, 2008 -.4S REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE --Page 8 of 36_ ~ ~ DRAFT • March 25, 2008 - AS REVISED misdemeanor related to motor vehicles; alcohol, drugs, or illicit substances; theft, fraud, deception, or illegal sales of any goods or services;. {4) The applicantand/or any employees and/or persons who will 6e operating or actang as a Mobile Sales Unit within the City under the City of Meridian Mobile Sales Unit License has been convicted of any felony or of any violation of this section; or (5) The applicant and/or any employees and/or persons who will be operating or eating as a MOBILE SALES UNrr within the; City under the City of Meridian Mobile Sales Unit License is required by any [aw or legal order to register as a sex offender. ~ ; _ e. Appeal of the City Clerk's issu Sales Unit License may be made b writing, shall state the reasons for;' City Clerk via U.S. Mail or in pers the City Clerk shall schedule a pu meeting within thirty (30) days. F City Council shall eitheraffirmor issue written' findings sCipartigs on such appeal shall be afinal d according to the provisions'of#he`1 once or:.:li:nial of an application for a Mobile y;,aoy person. Such appeal shall be made in such appeal and shall be''delivered to the in::;,_ Upori`receipt of such written appeal, bl'ic`learing on the appeal at a City Council ollowiriga.public hearing on the appeal, reverse tl~eiCity Clerk's action and shall iich decision;' The City Council's decision ecsons aidmay be appealed to District Court daho Administrative Procedures Act. f. Upon. approval of an application for a Mobile Sales Unit License, the applicaritllicense~shall remit to;the City Clerk a license fee. Upon receipt of the liceiisefee;'th~i;Gi. °;~Cierk;sfiall issue the City of Meridian Mobile Sales tYf..,,_:__..,::, ..Unit License: :The licensd`f~ shall be established as set forth in the fee _. '" schedule The city, council shall have the authority to waive in whole or in part ti~;license fee when such a fee would present an unreasonable hardship. A request for a hardship waiver shall be made in writing, shall be mailed to the City Cleik via U.S. Mail, and shall state the reasons for such request. Upon receipt of such request, the City Clerk shall schedule a public hearing on .the requesf at a City Council meeting within thirty (30} days. The City ~'~~CoUnc%1's decision on such request shall be a final decision, and maybe appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. g. The City of Meridian Mobile Sales Unit License shall include, on its face: (t) The names) of the licensee and any employees and/or persons licensed to operate or act as a MOBIT.E SALES UNIT within the City under such license; {2) A description of the goods and/or services that may be sold, traded, given away, offered, displayed, and/or delivered under such license; DRAFT • March 25, 2008 - AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 9 of 36 DRAFT • March 2S, 2008 - tIS REVISED • (3) The hours, locations, and means at and by which the MOBILE SALES UNIT is licensed to operate, travel, andlor conduct sales, trades, giveaways, offers, displays, and/or deliveries under such license; and (4} The dates during which such license is valid. h. A City of Meridian Mobile Sales Unit License shall not be required for: (1) FmsrAM>;rmMt~eTACTrvrrv on public ar private:properiy. (2} A MOBILE SALES UNrr that is invited to thej~remises or place at which goods and/or services are sold, traded, given aHtay, offered, displayed, or delivered, where such invitation is extended bytteoccupant or owner of such premises or place. Such inv_ita`tiois may be extended explicitly by such occupant or owner, or may-,.~'e~extended implictIy<by such occupant ~r or owner by such occupant or~o~vner's transaction of biisiaess with such Mobile Sales Unit within the prerious~i~ee hundred sixty-five (365) days. Such invitation may be revoked by such occupant or owner by explicit communication only,; and shall be effective immediately, whether conveyed orally or ~n writing. ~~. i, (3} Any sale, trade, gift, offer, or display required by court order or by law. (4) The ocoa§ional sale by local school students of admission to a function of the"ti;scfiool~oz;of goods or"services in support of a school program. i. The City Clerk rx-ay tevoke a;I4tobile Sales Unit License where: ` ,(1} A term or condition of the license is violated by the licensee or by any employee ar person operating or acting under such license. (2)1n the course of operating or acting as a MOBILE SAt.ES UNtT, the licensee or any;employee or person operating or acting under such license violates F. ~'.~ a provision afthis Chapter or of any other local, state, or federal law. (3} It is found, after issuance of such license, that it was issued pursuant to falsfiied, inaccurate, or incomplete information on the application. ~(~F}='I'fie licensee or any employee or person operating or acting under such `license is convicted of any misdemeanor related to motor vehicles; alcohol, dugs, or illicit substances; or theft, fraud, deception, or illegal sales of any goods or services. (5) The licensee or any employee or person operating or acting under such license is convicted of any felony. (6) The licensee or any employee or person operating or acting under such license is required by any law or legal order to register as a sex offender. DRAFT • March 25, 2008 _ AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page lfl of 36 DRAFT • March 25, 2008 - AS REVISED The City Clerk shall notify the licensee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the Mobile Sales Unit License application. Such revocation shall be effective immediately upon mailing by the City Clerk. j. Appeal of the City Clerk's revocation of an application of a Mobile Sales Unit License maybe made by the licensee. Such appeal shall be made in writing, shall state the reasons far such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. The City Council's decision on: spcf"appeal shall be a final decision, and may be appealed to District Court'`according to the provisions of the Idaho Administrative Procedures Act.. B. Time atOperation of Mobile Sales Units. 1. It shall be unlawful for any person to operate°or~act as ar1ViOBiLt; SnLE3`UNrr at a time of day that is outside the scope of a valid, current~IvlobileSales Unit License. 2. It shall be unlawful for any person;to operate or aa~~as„a:MOBILE SALES UNt7' upon a date that is outside the scope of a valid; eurrbnt Mobile SalesUnit License. ! J~ - C. Place of Operation of Mobile Sales Umts. :: 1. It shall be unlawful foc'any=:person to operate or act as a MOBILE SALES Utd17' or allow such operation or actwity' at a; location that is outside the scope of a valid, current Mobile Sales Unit License.;::.. 2. It shall be unlawful foc~any person to park any vehicle or mode of conveyance utilized in the opei~atiorr oc_activity of a IvlOSt[.E SALES UNIT in violation of any generally applicable provision of MeridIaii;.City Code or local, state, or federal law. 3. Itshall be unlawful fo'r~any person to operate or act as a MOBILE SALES UNIT or allow such:gperation or activity in any area of the City or in any manner prohibited by the MeridianUnified Development Code. 4. It shat I be inlawfvl for any person to operate or act as a MOBILE S,v.ES Ulvrr or allow such operation or activity in or on any City building, or City property other than a City Park, without the prior written or recorded consent of City Council. D. Magner of Operation of Mobile Sales Units. It shall be unlawful for any person to operate, allow the operation of, or act as a MOBILE SALES UNrr if any required license, permit, andtor certification required for such operation or activity is expired or is not valid and current for any reason. DRAFT • March 25, 200$ - AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 11 of 36 DR4FT • March 2S, 2008 - AS REVISED • 2. If the MOBILE SALES UNTT is or uti lines a motor vehicle or other mode of transportation, a valid and current Mobile Sales Unit License shall be exhibited in a conspicuous place on such vehicle or other mode of transportation at all times during such operation or activity. Otherwise, a valid and current Mobile Sales Unit License shall be kept on the 1icensee's and/or employee's person at all times during such operation or activity and shall be exhibited at anytime upon request of any person. It shall be unlawful for any person to operate or act as a MOBILE SALES UNrf if a Mobile Sales Unit License is not exhibited as required by this section. 3. It shall be unlawful for any person to operate or act as a MoBIL~,.SALES UNrI' where such person is not specifically licensed under a valid, current MobileSales Unit License. 4. It shall be unlawful for any person operating or acting ras~ii~MOSILE SALES UNrr or allowing such operation or activity to sell, trade, giv@ away; offer, for sale, trade, ar giveaway; display goods or services far the purpose~afsale, trade~o;giveaway; or deliver goods or services pursuant to such sale, trade,,,or`"giveaway goods or services that are outside the scope of a valid, current Mobile_$ales Unit License. `~;`'- t- S. It shall be unlawful for any person operating or actmg'as MOBILE SALES UNIT to operate a musical instrument or amplification device from§ich MOBIr.E SALES UNrr where such music or sound is audible beyond~fif~yfeet;.(50') of thesource of such music or sound. 5. P~m i 6. IL shall be unlawful for any person operating or actu-g as a MOBILE SALES UNrr to: a. Misrepresent his ar;ler;purpose or`a#~[iation; b. Continue communications.with apotential customer regarding a sale, trade, __ giveaway, or offer thereof oiler such;cistomer has stated that he or she does not wish to participate in such`transaction or`further communicate with such MOBILE SALES UNIT.. e. Represent the issuance of any license under this Chapter as an endorsement or recommendation of such licensed activity. E. Penalty. Aviolation ofa+ny provision of this Chapter shall be a misdemeanor, punishable by such fine and':oimRrisonment as established by Idaho Code. In addition to such penalty, any person violating'allowing, ar causing any provision ofthis Chapter shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this chapter continues or occurs may be deemed a separate and distinct violation. F. Enforcement. Peace officers shall be empowered to enforce the provisions of this title. An officer may call upon the services of the planning, fire, parks or other appropriate city departments to assist in the enforcement of the provisions of this title or in an investigation of a suspected violation thereof. DRAFT • March 2S, 2008 -AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 12 of 3d • DRAFT • March 25, 2008 - AS REVISED 3-4 3: TEMPORARY USES: A. License and/or permit requirements. It shall be unlawful for any person to establish, operate, allow the operation or establishment of, or act as any TEMPOEattY USE without each and all of the following licenses, permits, and/or certifications: 1. Any and all licenses, permits, and/or certifications required by local, state, or federal law. 2. Any and al] licenses, permits, and/or certifications required by the Central District Health Department. 3. Any and all licenses, permits, andlor certificatians required by Title 10 of the Meridian City Code. 4. Any and all licenses, permits, inspections, and/or_certifications requ/red by Title 13 of the Meridian City Code and/or the policies ofthe.Meridian Parks and It'ecea6on Department. `` 5. A City of Meridian Citizen's Use Permit, where applicable. 6. A City of Meridian Temporary iJae':Peimit, ;except thata'City of Meridian Temporary Use Permit shall not be'required f~t~'the-following,actfvities provided that this exception shalt not exempt such activities from'; any oYliez>requirements of law: Fttts'r ArwramivtFa~'r AcrNITY on public or private properly;;: atiq'sale, trade, gift, offer, or display required by court order or by law; GAruGE s~;`or~fireworks sales. a. !Application for a City of Meridian Tempacaty Use Permit shall be made to the ..:.: ' i Cler andahall include a com feted a lication. form P .. PP provided by the ~ ter which form shall include, but riot be limited to (__ -..a. (1} The name, address, and'tax identification number of the applicant, and/or, if the applicant is a partnership, company, or corporation, the name, address, and :';corporate or,tax identification number of such entity. Addresses required by this section shall'i'nclude both local and corporate addresses, as well as both physical and'mai 1 irig'addresses. __ (2) The names and addresses of all employees and/or persons who will be establishing, operating, or acting as a TES+rIPORARY USE within the City under the Temporary Use Permit. Addresses required by this section shall include both local and corporate addresses, and both physical and mailing addresses. (3) A description of the use, including any goods and/or services to be sold, traded, given away, offered, displayed, and/or delivered, ar any activities or events scheduled to occur, under the Temporary Use Permit. •- Comrrie[st IEK13: i`hangal Pa ~~3' Caime~ diiedion on Mencfi 2i, 218, DRAFT • March 25, 2008 - AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDWANGE -Page 13 of 36 r~ U DRAFT • March 25, 2008 - AS REVISED n u {4) A description of any structures that will be used in the course of activities, sales, trades, giveaways, offers, and/or displays under the Temporary Use Permit. {5) A description of any and all motor vehicles to be used by or in the course of the TEMPORARY USE, including license plate state and number, make, model, color, and other means of identification of such vehicle{s). {6) Site plan{s) and/or map(s), including, but not limited to, placement of structures, displays, goods, vendors, scheduled events, restroams, first aid stations, drinking water sources, garbage receptacles, and/or TEMFORARY:SIGNS. Where material `r.:, changes are made to such site plan prior to or upon sef=up of the event, an updated site plan shall be submitted to the City. ~I'Iie Planning Director or desieaiee shall {7) A description of the dimensions, quantiry~'and locations of aiiiX~~nd all TEMPORARY SIGNS that will be installed'erected,~.posted, or displayed for the ,;.~, r purpose of identifying, promoting, aclvertising~?r'iiirecting patrons to the TEMPORARY USE. (8) Written permission of owners of property upon which such TEMPORARY StGNs will be installed, erected, ~t~sted; ordispiayed. (9) A description and/or schedule(s7;o{'the hours, locations, and means at and by which activitiessales, trades, giveaways, offers, andlor displays will occur under the Temporary Use Permit. ~: , (10} Written permission of owners,of'all property or properties upon, through, or across whio(i=such TirMPOt~kY USE shall operate and/or occur. (11) A descripi~on of the plan for the management and/or control of persons and/or crowds at tkJe`site(s)'ofsueh TEMPORARY USE, including, but not limited to: the number and'gpalifications of any security personnel to be deployed; defens'sve and offensive=equipment and/or techniques to be utilized by or available to such security personnel, including vehicles, weapons, and/or barriers; the method(s) b~whicl5~persons or crowds will be moved, dispersed, and/or evacuated in the norialcourse of the TEMPORARY USEand/or in case of emergency; and the t..: method{s) by which information will be relayed to persons and crowds at the site(s) of such 7~MPORARY USE in case of emergency. (12) The plan for clean-up, tear-down, and/or removal of the Temporary Use and the site(s) upon which it occurs or is operated, including, but not limited to, the removal of any and a1L• structures, displays, restrooms, TEMPORARY SIGNS, garbage, litter, and hazardous materials. (] 3) An agent upon whom service of process maybe made in the State of Idaho. -- CotitmertE [kK2]: Changed to be ooitsisteot with Section 3.4-3(n){5~{a} revision.',.°` :: ` _ . . . DRAFT • March 25, 2008--ASREVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 14 of 36 DRAFT ~ March 25, 2008 - AS .REVISED (14} Application fee as set forth in fee schedule. The city council shall have the authority to waive in whole or in part the application fee when such a fee would present an unreasonable hardship. A request for a hardship waiver shall be made in writing, shall staff the reasons for such request, and shall be delivered to the City Clerk via U.S. Mail ar in person. Upon receipt of such request, the City Clerk shall schedule a public hearing on the request at a City Council meeting within thirty (3d) days. The City Council's decision an such request shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act;.., ''" b. Upon receipt of all application materials required by this section, the ~latuting Depar-thte~City Clerk~pr designee shall_determine,at shall endorse upon the_ _ application findings and determinations regarding ~' - `^ ,. ;`:=,. {I}The validity and completeness of the mforination therein; ~° -.:, (2} Whether the proposed TEnergxAitY U$E m y ba conducted in accordance with al l a. applicable provisions of law, including, but~noE limited to, this chapter; and (3} Whether a violation of the'Meridian Unified Development Code ar of this chapter is occurring upon the'properly .upon which such proposed TEMrORAtiY USE will occur. ,;;~, _.,:;:: c. Upon issuance oftfefindings, the ~?'la~niii~Bepet~ieatCity Clerk;er designee shall . either issue a,,Cily'of Meridian Temporary Use Permit to the applicant or deny the application.'~~Where an application focaCity of Meridian Temporary Use Permit is denied, the ~l-Beei~C' le ~Or designee shall notify the applicant of_.- such denlalwin writing, which shall"include notice of the right to appeal such decision as_set:fortlin"this sectiivn. Written notice of the denial shall be sent via U.S. mail or ,,personally delivered to thgapplicant at the address set forth on the application. :.~.. :. d. The ~g-Bepa~erttCity Clerk ~halI den•,y_aA a_pplication•for a Temporary! Use --- Permit where: {1) The;application is incomplete or required application materials or fees have not been`suliatitted; (2) Investigation of such application or application materials reveals that provided information is invalid, false, ar incomplete; (3) The proposed TEMPOttARY USE will not be conducted in accordance with all applicable provisions of law, including, but not limited to, this chapter, or • Comme:rt [EK3]: Changed to ba " consistent with Section 3-4-3(A}(6}(a) revision. _: Comment [EK4]: Changed robe " cansslemavith Section 311-3(A}(6}(a} revisimt - Comment [EKSj: (5~e:iged to be . " canvstmEtwithSection3.4-3(A~6~e} rovisiori::. , . - • Cotttteieirt [EK6~: Changed to he acnsisteotwithSeetion.3.4-3{A~6}(a} ravisioa:::. . DRAFT ~ March 25, 2008 -AS REVISED OUTDOOR SAIIF,~S AND TEMPORARY USES ORDINANCE -Page 15 of 36 DRAFT • March 25, 2008 - AS REVISED {4) A violafion of the Meridian Unified Development Code or of this chapter is occurring upon the property upon which such proposed TEMPORARY USE is proposed to occur. e. Then~g~3e~;~i Cler or designee shall issue orderr~TemporaryUse_____•.-=- tommertt[Er(7I:Cheog~wve. Permit within fifteen (15) working days of receipt of a complete applit~tion far such eoi tinm seeuon s•a-3(Au6}(a) license. Appeal of the i~l3epar#~tetrtCi Cler _s issuance or denial of an application _ _ _ _...•• . tomtnent (Ertel: ~~ ro he for a Tem Use Permit ma be made b an erson. Such a al shall be made eons~stentwith section3-a-s(A}(6}(a) porary Y ..... Y. Y.P... :-... PPe .. revision.°.:.::...:..:. _~ __._..a_._~ '_/__/1 ~_a_a_~~.L_ _____~_~1:~ __._L _____t. __1~_L.1/ L_ J_1!_____J'~.~.'aL''_ %t!i_. . davs. . ... .;,r.~;:: " .... e Cify:Council's decision on such appeal _ y__.- shall be a final decision, and may be appealed'to District Court according to the provisions of the Idaho Administrative P.rgcedures Act. ,,, g. The City of Meridian Temporary Use Permit sliall'`include, on its face: (i) The name(s) of the permiteeatd-;;any employees~'andtor persons permitted to operate or carry bn a;TEIviPOtY=IJSBwithin the`Gity under such permit; (2) The time(s), date(s), places}, and Fnanner at and by which the TF.n~oltAltY USE is ,, ,: permitted to occur;.;,;. - (3) A description, of the stnacture(s) that. may be erected under such permit; (4) A description of tl-e caretaker unit that may be utilized for the purposes of secunty;sixd maintenance of the site, if any; - (S) A description of the permitted dimensions, quantity, and locations of any and all TEMPORARY SIGNS that may be installed, erected, posted, or displayed for the ':purpose of rdeitifying, promoting, advertising, or directing patrons to the ,:> permitted TEVIPORAItY USE; and (6) Any`aid'all other conditions of operation that are necessary to protect the public health; safety, and'welfare and mitigate effects on surrounding progerty, including, but not limited to, effects of traffic, parking, noise, vibration, odor, light, glare, distraction to motorists, andlor dust. h. In addition to any and all other applicable civil or criminal penalties, the leg 'Bepar~ieril:Ci Cler mad revoke a City t:f Meridian Temporary Use Permit where: (1) Any term or condition of the permit is violated by the permitee or by any employee or person operating or acting under such permit. tanmr:nt [a~Y ~6~ :~ ba coasisteaCwhfi Section 3~4-3{A)(6){a} TCVISie11 and wh6 a¢rreal ]KQCedU(05 Sef 1'ordi.in Sections 3.4-2(A}{~(e}, (f), and . ~{regarding eppi~I ardaoia! afCrcrk's deasion m deny, approve; orrevorea Mobire sates unit lic~se). _., Comment [EKi(t]: Cheaged to be carnistent with Section 3-4-3(A)t6~a) revlaton:.' : ; DRAFT • March ZS, 200$ - AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 16 of 36 • DRAFT ^ March 25, 2008 - i1S REVISED {2} In the course of operating a TEMPORARY USE, the permitee or any employee or person operating or acting under such permit violates a provision of this Chapter or of any other local, state, or federal law. (3} It is found, after issuance of such permit, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application therefor. The ~,amti~Bepai~entCi Cler shall notify the-germitee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in ;:.~_:. the Temporary Use Permit application. Such revocation;s~a,ll`be effective immediately upon mailing by the~lanaing-Bepai~eatCi Cler .• .....-•------------------ Appeal of the i Cler s revocatitinof,.an-application of a Temporary Use Permit may be made by the perthrtee. Such appeal shall be made by City Council ~~ writing. shall state the reasons for such anneal; and shall tie delivered fo the City Clerk via U.S: MaiI or is person: Upon receipt of such `atipeal: the City ' . kThe..City Council's~decisian on such appeal shall be a_... final decision, and may tie appealeii to D>sd~ict Court according to the provisions of the Idaho Administrativ~Proc~d'ures Act .. ,: B. Standards for All TtMPORARY USES. The;~ollowing regulations on the time, place, and manner of TEMPORARY USES~shali apply generally to any and all TEMPORARY USES. =7,- 1. Failure to obtain Temporary Use Pern£ It shall be unlawful to operate or to allow or cause the operation or oceurrenceof a TEf~mORARY USE requiring a Temporary Use Permit without first obtaining a City oFIVllsidian Temporary Use Permit. 2. Compliance with ~'emporary Use Permit. It shall be unlawful for any permitee or any .employee or persori~.acting under a Temporary Use Permit to violate or fail to comply ,,:: Uirtlt;any teen, conditiaa, or standard set forth in such City of Meridian Temporary Use Perrsiti. - = 3. Time of-use:It;Shatl be unlawful to operate or to allow or cause the operation or occurrence •of B~~TEMPORA,RY USE requiring a City of Meridian Temporary Use Permit at any time or upon any date other than that designated in a valid City of Meridian Temporary Use Permit. _ 4. Place of use. It shall be unlawful to operate or to allow or cause the operation or occurrence of a TEMPORARY USE requiring a City of Meridian Temporary Use Permit at any place other than that designated in a valid City of Meridian Temporary Use Permit. -- comment [E[Clt]: Changed w be ~etacrtwithSec6on31{-3(A){6)(e} revisionl.. ;::::: > ::.. .: . • • t,:asntt9ent [EK12]: Changed ro bo consistent with Section 3-0-3(A~6)(a) revision. ---- -- Conimem[EK13]:.Ctimigedtabe:: ~steot ~;,h seeliori 3-4 3(A}(~{a) . ievision.. -• Comment [EK14j: Chansad to be cocmistent with Section 3-4-3(A)(6)(a) oovis9~ aad wash appeal proeeanres sec foich in Sections 3M2(A)(5}(a), (t}, end (~ (re8~ding appeal of denial of Clock's dedscwi to docryr, eppmve, or revoke a Mobile Sales lJnit ticensey DRAFT • March 25, 2008 - AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 17 of 36 DRAFT • March 25, 2008 - AS REVISED 5. Manner of use. It shall be unlawful to operate or to allow or cause the operation or occurrence of a TEMPORARY USE requiring a City of Meridian Temporary Use Permit in any manner other than that designated in a valid City of Meridian Temporary Use Permit. 6. Surface. In operating or allowing the operation or occurrence of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY UsE, it shall be unlawful to operate or allow the operation of motorized vehicles upon any surface other than concrete, asphalt, grasscrete, pavers, bricks, andlor macadam. ~,~~,. 7. Vision triangle. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE to cause or allow structu°res~~signs, merchandise, or any other material utilized in the operation or occurrence of sicli'TEMPORARYUSF, whether or riot a City of Meridian Temporary Use Permit is required forsuch TEMPORARY USE, to interfere with the clear vision triangle. 8. Right-ofway. It shall be unlawful for any person operating or causing g~ allowing the operation of any TEMPORARY USE to operate or.cause-ur allow the operation or occurrence of any TEMPORARY USE within the public right of way, unless otherwise authorized by a validly issued City.of Meridian Citizens Use Permit. 9. Required buffer landscape`~areas'r~,Unless of,.herwise approved, it shall be unlawful for any person to operate or cause or alliw.the;op~a~atioi or: occurrence of any TEMPORARY USE, whether or not a City of Meridian=Temporary Use Permit is required for such TEMPORARY USE, within zequired street'baffer far arterial and collector roadways and/or land use buffer laridscane`areas. `~~`~`'~ 10. Structures, It shall`.fe unlawful;forazty;peison operating or causing or allowing the operation of.any TEMPORARY UsE, whether or not a City of Meridian Temporary Use Perrrut is requiredfor such',fEMPORARY USE, to: a. construct or cause'the construction of any permanent structure. b. 1?li}ee, construct,`or cause or allow the placement or construction of any structure that would~not otheiwvise be permitted by a generally applicable provision of law or city code: c. Fail to remove a structure utilized in the operation of such TEMPORARY USE at the end of the time period allowed by a City of Meridian Temporary Use Permit or by other law. d. Place, construct, or cause or allow the placement of structures utilized in the operation or occurrence of any TEMPORARY USE within the required setback, required Land use buffer, and/or the required street buffer for arterial and collector roadways. DRAFT • March 25, 2008 - AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 18 of 36 DRAFT ^ March 25, 2008 - AS REVISED 11. Caretaker unit. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permi# is required for such TEMPORARY USE, to: a. Establish and/or utilize more than one caretaker unit. b. Establish and/or utilize a caretaker unit for purposes other than site security or maintenance. c. Fail to remove any caretaker unit at the end of the time period_.allowed by a City of Meridian Temporary Use Permit or by law. 12. Parking and access. It shall be unlawful for any person_operating or causing or allowing the operation of any TEMPORARY USE to fail to provide`aclegdafe~off street parking to serve such TEMPORARY USE. In the operation of ariy TEMPORARY~TTSE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPO1ZPi;RY USE: a. The TEMPORARY USE shall not displace tt-e ured~off street parking spaces or loading areas of the principal permitted uses ontlie'site, except where street closure is approved pursuant to avalidly-issued City of 1Vleidian Citizen's Use Permit. b. The entrance and exit drives slYall~be'designed to prevent traffic hazards and nuisances. c. All surfaces used:~forparking shall`6e`constructed with asphalt or concrete paving or vegetative cover Recycled asphalt n=ay be used only where such material is approved for the site's pnngipal permitted use by:a certificate of zoning compliance validly issued by the City of Meridian _. 13. Norse. It shall lie: unlawful. for any person operating or causing or allowing the operation of,flil ~<TEMPORAR .. y yUSE to`failto shield compressors, fans, pumps, or other motorized ;:.equipment in a manner,that minimizes noise levels to adjoining properties. It shall be unlawful for any person operating or causing or allowing the operation of any TEINPQRARY USE, whether or not a City of Meridian Temporary Use Permit is required for sucfi TEMPORARY USE, to locate or operate a compressor, fan, pump, or other motorized ;equipment within one hundred feet {] t)0') of a residential district. 14. Site conditions. It shall•f~e unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE to operate or conduct such TEMPORARY USE in a manner that fails to provide for waste collection and disposal, including, but not limited to, debris, garbage, food or organic products, hazardous or toxic materials or byproducts, and signs. It shall be unlawful far any person operating or causing or allowing the operation of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, to fail to remove waste from any TEMPORARY USE site. DRAFT ^ March 2S, 2008 - AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 19 of 36 DRAFT • March 25, ,2008 -- AS REVISED l5. Unobstructed sidewalk. Where a sidewalk orpedestrianway is obstructed in the course of the conduct of a TEMPORARY USE, a minimum width of four feet (4') of such sidewalk or pedestrianway shall remain unobstructed. Where the conduct of a TEMPORARY USE obstructs a sidewalk or pedestrianway, it shall be unlawful for any person operating or causing or allowing the operation of such TEMPORARY USE to fail to ensure that a minimum width of four feet (4') of such sidewalk or pedestrianway remains unobstructed. G Standards for Specific TEMPORARY USES. In addition to the Standards for All TEMPORARY USES as set forth above, the following standards for time, place, and<manner of operation or occurrence of specific TEMPORARY USES shall also apply. - 1. Standards for SUBDIVISION MODEL HOMES. - a. Where a Structure is both a SUBDIVISION MODEI HOME and a SUBDIVISION REAL ESTATE SALES OFFICE, such structure shall°le subject to the staritlacds for a SUBDIVISION MODEL HOME. ~ ' b. A SUBDIVISION MODEL HOME shall be subdivision containing the lotsand/or f~,:.~_ HOME serves as an exhibit or exarrfplp, operation of a SUBDIVISION Mb~1EL Fie within the subdivision containingthe I~ SUBDIVISION MODEL HOME SerVeS~ As 8 r <,. c. A SUBDrvtSIOrr1VI0DE~HOMEShall'be forsale and/ir':iise as cause the oner'ation:a ated:.'at_or upon a lot or Tats within the :IlIngsofwhich such SUBDIVISION MODEL shall be`urilawful to operate or cause the 'at.pr_upori`a`lot or lots which is/are not andlor dwellinRS of which such ed only within a structure that is suitable unit. It shall be unlawful to operate or L HOME within a structure that is not suitable,for sale atid/or;use as a residential dwelling unit. While such residential dweIlinpunif;is tempg~ariIy used as the SUBDIVISION MODE[. HOME, such unit shall meet~any anc)~all;applicabte_standards for commercial occupancy and shall 'obtain any and all permits required by Title 10 of this Code. It shall be unlawfitl to operate or .!-cause the operatiAnof a SUBDMSION MODEL HOME where such SUBDIVISION MODEL ~._:~. `HpME does not meet all applicable standards for commercial occupancy or without any and, al[ permits required by Title 10 of this Code. d. The principal use of the SUBDIVISION MODEL HOME shall be aS an exhibit or example of lots and7or dwellings within the subdivision or planned unit development in which the $UBDMSION MODEL HOME is located. It shall be unlawful far any person to use or allow the use of a SUBDIVISION MODEL HOME as a financial institution of any sort, including as an appraisal, Ioan, ar closing office. e. A SUBDIVISION MOREL HOMEmay be operated only until there are no newly constructed lots or dwellings for sale or rent within the subdivision in which the SUBDIVISION MODEL HOME is located. It shall be unlawful to operate or cause the operation of a SUBDIVISION MODEL HOME where no lots ornewly-constructed DRAFT • March 25, 2008 - AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 20 of 36 • DRAFT • March 25, 2048 - AS REVISED dwellings are for sale or rent within the subdivision in which the SUBDIVISION MODEL HOME is located. f. The following provisions shall apply to any and all TEMPORARY SIGNS related to a SUBDIVISION MODEL HOME. (1} No more than one (1 }TEMPORARY SIGN per one { 1} SUBDMSION MODEL HOME shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such SUBDIVISION MODELHOME. It shall be unlawful for any person to install, erect, post,~or display or W allow or cause the installation, erection, posting, or display oEmore than one (1 } TEMPORARY SIGN per one (1) SUBDMSION MODEL~H(7ME identifying, promoting, advertising, or directing patrons to such SUBDtv1'S,IONIr$gDELHQME. {2) The area of any TEMPORARY SIGN installed purpose of identifying, promoting, adverb SUBDIVISION MODEL HOME Shall nOtL?CCeI unlawful for any person to install, erett~p~ installation, erection, posting, or display'`oi promoting, advertising, or;directing patron where the area of such TEi~YOiu+RY:StGN e Y r.~$ • - 3 It shall be unlawful for an ~• er'son to~~sfa O YP,: cause the installation, erectiorpostrig, or cted, postiedtor displayed for the or direcNn ~ "" " g patrons to a ;teetl (16) squarefeet. It shall be rilsplay or to allow or cause the MPORARY SIGN identifying, L:SUBDIVISION MODEL HOME ds-sixteen {l6} square feet. post, or display or to allow or Of any TEMPORARY SIGN identifying, promoting, advertising; or directing patrons to a SUBDMSION MODEL HOME upari'anp property other tti`an that property upon which the SUBDMSION MODEL HOME is located. -::. (4) Any land all TEMPORARY SIGNS°identifying, promoting, advertising, or directing •~ patrons to a SIIBI)IVISION MODEL HOME shall be removed within twenty-four (24) flours of the conclasiori.of such TEMPORARY USE. Standards for SUBDIVISION REAL ESTATE SALES OFFICES. a. Wlierea struchfre"is both a SUBDIVISION MODEL HOME and a SUBDMSION REAL EsTA`'E~Sn1:ES,;OFFICE, such structure shall be subject to the standards for a SUBDIVI3IQN'MODELHQME. The operation of a SUBDMSION REAL ESTATE SALES OFFICE without the following valid and current Iicenses, permits, and/or certifications shall be unlawful: {1) A City of Meridian Temporary Use Permit. {2) Any and all licenses, permits, and/or certifications required by Title l4 of the Meridian City Code. DRAFT ^ March 25, 2008 - AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 21 of 36 DRAFT • March 25, 2008 - AS RE[~ISED c. A SUBDMSION REAL ESTATE SALES OFFICE shall be located at or upon a lot or lots within the subdivision containing the Iots and/or dwellings being sold from such S[IBDNISION REAL ESTATE SALES OFFICE. It shaiI be unlawful to operate or cause the operation Of a SUBDIVISION REAL ESTATE SALES OFFICE at upon a lot Or lots which is/are not within the subdivision containing the lots and/or dwellings being sold from Stroh SUBDNISION REAL ESTATE SALES OFFICE. The principal use of the SUBDNISION REAL ESTATE SALES OFFICE shall be the sale of lots and/or dwellings within the subdivision or planned unit development in which the SUBDNISION REAL ESTATE SALES OFFICE is located. R shall; be unlawful for any person t0 use Or allow the use Of a S[IBDNISION REAL ESTATE SALES OFFICE as a financial institution of any sort, including as an appraisal; loan, or closing office. e. A SUBDNISION REAL ESTATE SALES OFFICE constructed lots or dwellings for safe or rent SUBDNISION REAL ESTATE SALES OFFICE i5 or cause the operation of a newly constructed dwellings are for sale iz ESTATE SALES OFFICE is converted to a dw provisions of law, including Title 10 of the A SUBDNiSION RF,~tL ESTATE S'AI>I:s OFPIC ~~: standards for commercial occupancy and~sl main only until there are no newly the subdivision in which the I. It shall be`ailawful to operate TE;SALFS OFFIGB=where no lots or BSS Such St.IBDNISION REAL accordance with all applicable n City Code. ~~any and all applicable any and al] permits required by g. The~folYowing'piovisions shall apply to any and all TEMPORARY SIGNS related to a SUBDIVI$I4I~i REAL ESTATE SALES OFFICE. (1) No more than one (1) TEMPORARY SIGN per one (1 }SUBDIVISION REAL ESTATE SALES OFFICE shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such SuBDNtSION REAL ESTATE SALES OFFICE. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than one {I) TEMPORARY SIGN per one (1) SUBDIVISION REAL ESTATE SALES OFFICE identifying, promoting, advertising, or directing patrons to such SUBDNISION REAL ESTATE SALES OFFICE. Cmtitnent [EK15]a Removed puusuaot to City Couood Martber Rauotr~ canu„at a~n March 11.2408 that the ielevttttt eonbem is ranovai of SIU3SOa whea.thetetnpoiaryaia is ove , ~adt~ tliaa ttie site ofSRFSOs: Notethat .:. . Seetiori 3-4-3(CJ(2xe} dceis iegaira : ` ieinaval of SRESOs a<iho conclosiaai of the osa :: °.: `; .::: .: .: DRAFT • March 2S, 2008 - AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 22 of 36 Title 10 of this Code. It shall be uriTawfiiF #o operate or cause the operation of a SUBDNISION REAtiE$TATE SALES•OFFICE Where such SUBDNiSION REAL ESTATE SALES OFFICE does riot~icet all applicable standards for commercial occupancy or without any"anlrall permits required byTitle lp ofthis Code. ~ s DRAFT • Marcli 25, 2008 - AS REVISED {2} The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a SUBDIVISION REAL ESTATE SALES OFFICE shall not exceed sixteen (16) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SUBDrvISION REAL ESTATE SALES OFFICE where the area of such TEMPORARY SIGN exceeds sixteen (16~ square feet. 3 It shall be unlawful for an erson to install erect o ~'oc dis la or to allow or cause the installation, erection, posting, or display.tf aiiy TEMPORARY SIGN identifying, promoting, advertising, or directing'p'atrons,to a SUBDrnSIONREAL ESTATE SALES OFFICE upon any property othertlian ttra~prnperty upon which the SUBDIVISION REAL ESTATE SALES OFFICi;::is'located. :''. i2: (4) Any and all TEMPORARY SIGNS identifying, prompting, advertising, or directing patrons to a SUBDIVISION REAL ESTATE~$ALES""OFFICE shall be removed within twenty-four (24) hours of the conclusion'of such TEMPORARY UsE. 3. Standards for PROIViOT[ONAL SALES'.Ur-rrs. c: ~ ,,:- ,;_ The operation of a PROM licenses, permits, and/or (I) A City oflVleridian T (2) A City of (4) Any and all ~<Meridian C ,:~. b. It shaI l be.:pnla Jy .'._ in a residential fi'i''withautthe following valid and current be a v'-olation ofthis Chapter: Permit. where applicable. licenses, permits, andlor certifications from the Central permits, and/or certifications required by Title 10 of the wfiil to operate or cause the operation of a PROMOTIONAL SALES UNIT district. Only a PROMOTIONAL SALES UNIT directly associated with the principally permitted use on the site on which it is located shall be allowed; for example, a sidewalk sale or tent sales associated with an existing retail establishment shall be allowed. It shall be unlawful to operate a FROMOTtONAL SALES UNIT at any place or in any manner that is not directly associated with the principally permitted use on the site on which such PROMOTIONAL SALES UNrr IS IOCdted. DRAFT • March 2S, 2008 - AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 23 of 36 i ~ DRAFT • March 25, 2008 -.4S REVISED d. Sales by a PROMOTIONAL SALES UNIT shall be limited to a period of time not to exceed one hundred and sixty (] 6t)} days per calendar year. e. A PROMOTIONAL SALES UNIT and the property on or at which it is located shall comply with the standards for vehicular and pedestrian access as determined by the Ada County Highway District or other transportation authority. f. The following provisions shall apply to any and all TEMPORARY SIGNS related to a PROMOTIONAL SALES UNIT. (I) No more Phan two (2) TEMPORARY SIGNS per one (1):PTtOMOTIONAL SALES UNIT shall be installed, erected, posted, or displayed for,ttlipurpose of identifying, promoting, advertising, or directing patrons to stcll PROMOTIONAL SALES UNIT. It shall be unlawful for any person to install, erect=post,`ordisplay or to allow or cause the installation, erection, posting, ordisplay of moretfian two (2} TiMPORARY SIGNS per one (i) PROMOTIONAL SALES UNIT identifying, promoting, advertising, or directing patrons to sttch'PROMOTIONaL SALES UNiT. (2} The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising; or directing patrons to a PROMOTIONAL SALES UN[T;shall~not.~exceed thirty'-two {32) Square feet. It shall be unlawful for any person t4 srastall,~erect, post, or display ar to allow or cause the installation, erection, pastingtor disp[ay'af a~TLMPORARY SIGN identifying, promoting, advertising, or directingpatrons to a PROMOTIONAL SALES UNIT where the area of sucl~`'l'IMPORARY STGN~exceeds thirty-two (32) square feet. (3} It shall he unlawful for any persor%to install, erect, post, or display or to allow or _... :::::-:. cause the installation; erec~igrtposiing, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES < Ut~ItTupon any property other than that property upon which the PROMOTIONAL `SALES UNPI`;1S<located. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing .;patrons to a l?ItOMOTtONAL SALES UNIT shall be removed within twenty-four (24) ''~ Hours of the`conclusion of such TEMPORARY USE. 4. Standards fdrTEMPORARY SAI,F,S UNITS. a. The operation of a TEMPORARY SALES UNIT shall be unlawful without the following valid and current licenses, permits, and/or certifications: (1) A City of Meridian Temporary Use Permit. (2} A City of Meridian Citizen's Use Permit, where applicable. DRAFT ^ March 25, 2008 -AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 24 of 3b DRAFT • March 25, 2008 - AS REVISED (3) Any and all applicable licenses, permits, and/or certifications from the Central District Health Department. (4) Any and all applicable licenses, pemuts, inspections, and/or certifications from the Idaho Tax Commission. (S} Any and all licenses, permits, and/or certifications required by Title 1 d of the Meridian City Code. (6} Written consent of the owner of the property on which the TEMPORARY SALES UNrI'is to be located. b. It shaIi be unlawful to operate or cause the operat~on~of a';TEMPORARY SALES UNIT in a residential district. c. For TEMPORARY SALES UNITS that stay on the"site for the full dur~tign of the use, such uses shall be limited to a period oftiiirie notto:exceedsixty (60)'days, whether such days are consecutive or not, per propety, per_ca~endar year. The location of a TEMPORARY SALES UNrr on a site for any poiti~n'i~f a day shall constitute one (1) day for purposes of this section. ~~ d. TEMPORARY SALES'UNri~$ may{titilize no more than or-e {1) structure. Such structure shall not exceed seven hundred (700) square'i`eet~It:shall be unlawful to utilize more than one {i) structure in the operation'of a TEMPORARY SALES UNrr. It shall be unlawful for any.stivctpre utilized£iritle operation of a TEMPORARY SALES UNTI' to be more than sevenhtiiidred:.(700) square'feet. Tt shah be unlawful to utilize any structure in tireoperatiop~ of a TEMPORARY SALES UNrr without any and all licenses, permits, and/or'certificafiotis,cequired~ly Title 10 of the Meridian City Code. e. A;T~MI'ORARY SALE~_. ...witFi the standaris.for v~~ and the property on or at which it is located shall comply ehaular and pedestrian access as determined by the Ada County Highway~District ~or other transportation authority. E 'Tie,.following provisions shall apply to any and all TEMPORARY SIGNS related to a TEIvIPORARY SASS UNIT. (1) No morethan two{2) TEMPORARY SIGNS per one (1) TEMPORARY SALES UNIT shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such TEMPOttAttY SALES UNIT. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than two (2) TEMPORARY SIGNS per one (1) TEMPORARY SALES UNIT identifying, promoting, advertising, or directing patrons to such TEMPORARY SALES UNIT. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a DRAFT ~ March 2S, 2008 - AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 25 of 35 • DRAFT • March 2S, 2008 - AS REVISED TEMPORARY SALES UNrr shall not exceed sixteen {16} square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a TEMPORARY SALES UNrr where the area of such TEMPORARY SIGN exceeds sixteen (16) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a TEMPORARY SALES UNrr upon any property other than that property upon which the TEMPORARY SALES UNrr is located. (4) Any and all TEMPORARY SIGNS identifying, protnetingjadvertising, or directing patrons to a TEMPORARY SALES UNrr shall be;reirioved~yvithin twenty-four {24) hours of the conclusion or close of such TEfvIFORARY USE:"s-, 5. Standards For SPECIAL EVENTS: - a. It shall be unlawful for an ORGANIZER of a Se1rCIAL~EvENT, or any person, to conduct, allow, organize, advertise, promote, or cause to'be'advertised or promoted a SPECIAL. EvEN~r without the following:' .~ (I) A City of Meridian Temparary.;Use Permit. {2) A City of Meridian Citizen's Use"Permit, where applicable. (3) Any and allapplicable:licenses, permits, inspections, and/or certifications from the Central Di§tricf )iealtl Department. (4)~Any and °g11;,applicaUle licenses, permits, inspections, and/or certifications from ~~"'the Idaho Taz;Commssian. ' ' (5} Any and al] licenses, permits, inspections, and/or certifications required by Title ``'!' 10 of the Meridian City Code. (6) Any<andalllicenses, permits, inspections, and/or certifications required by Title 13 of:tte'IVleridiati City Code and/or the policies of the Meridian Parks and Recreation Department. (7} Written consent of the owners} of any and all property or properties on which the SPECIAL EVENT is to occur. (8} Proof of an insurance policy, issued by an insurance company licensed to da business in Idaho, protecting the applicant and/or any employees and/or agents thereof from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the SPECIAL ,DRAFT • March 2S, 2008 - AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 26 of 36 ~ • DRAFT • March 25, 2t?08 - AS REVISED EVENT. Such insurance shall name the City as additional insured, and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the City. Such insurance shall afford minimum limits of $SOO,OOOAO per person bodily injury, $500,000.00 per occurrence bodily injury, and $500,000.00 per occurrence property damage. b. No provision of this section shall preclude the application of any and all other licensing and/or other applicable provisions of local, state, or federal law to any SPECIAL EVENTS ORGANIZER, nor exempt any vendor or participant in a SPECIAL EVENT from compliance with any and ali other Iicensing orother applicable provisions of local, state, or federal law, except that wherea~SPECIAL EVENT includes MOBILE SALES UNPCS, such MOBILE SALTS UNITS shall; lie exempt from the requirement to obtain City of Meridian Mobile SalesTniti:License, provided that this exemption shall apply only to such MOBILE SALESUNtTS'epiesented on the site plan{s) or map(s) submitted by the ORGAIVIZF.R-"in -application'~oe;a validly issued City of Meridian Temporary Use Permit; and furtl-er: provided that strrlexernption shall ~:;,. apply only for the time, at the place, andinthe manner. specified forsuch SPECIAL EVENT in a validly issued City of Meridian<Temporary Use Permit. -: -;.:: e. SPECIAL EVENTS shall be allowed for a period riot to, exceed fourteen (14} days within any ninety (90) day.period. ~ ~'~ > d. It shall be unlawful for any person`to conduct;'"allow; or organize a SPECIAL EVENT in a residential district, except that {l}Neighborhood eventa'or block parties shall be permitted in residential districts without a'Temporary='TJse Permit~~~although a City of Meridian Citizen's Use :: Permit may f~e.recLu~red ~ ' {2}; SPECIAL_EvENTS~involying a route, such as races, parades, or marches may be :'~ <„•permitted' n~residential~ districts, so long as such SFECiAL EVENTS both start and end in nonresidential districts. e. ' Tte;fallowing provisions shall apply to any and all TEMPORARY SIGNS related to a SPECIAL EVENT:::'.: (1) It shall<be un[awful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN or TEMPORARY SIGi~jS where the quantity or dimensions thereof exceed the limitations set forth in this section. No more than two hundred {200) TEMFORARY SIGNS with an area not to exceed six {6} square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a SPECIAL EVENT. No more than twelve (12} TEMPORARY SIGNS with an area not to exce~i thirty-two {32) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a SPECIAL EVENT. DRAFT • March 2S, 2008 -AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 27 of 36 • DR4FT • March 2S, 2008 -.4S REVISED (2} It shall be unlawful for any person to install, erect, post, ar display or to allow or cause the installation, erection, posting, or display of any T&MPORARY SIGN identifying, promoting, advertising, or directing patrons to a SPECIAL EvENT upon any property without the pemtission of the owner of such property. (3} Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a SPECIAL EVENT shall be removed within twenty-four (24) hours of the conclusion or close of such SPECIAL EvENT. b. Standards for OUTDOORMAt2I~TS: a. It shall be unlawful for an ORGANIZER of an OUTDOEiR M4RKE1', or any person, to conduct, allow, organize, advertise, promote, or cease to is$dvertised or promoted ... r.., an OUTDOOR MARKET without the following valid and curreit~Iicenses, permits, and/or cefifications: (1) A City of Meridian Temporary Use Fernvt. {2) A City of Meridian Citizen's Use Permit, where, applicable. {3) Any and all applica>§fe lice~l`ses, pamufis,;tnspeotioris; and/or certifications from the Central District Health Department:::='`~ ~ ~ ~ _; :-;: (4} Any, and all applicable licenses,.permits, inspections, and/or certifications from the Idaho,Ta~`Comriiission. (5) Any and all~licenses;::permrts: and,tar certifications required by Title 10 of the Meridian City Code. -~ (6} Any and all;lieenses,..permits, inspections, and/or certifications required by Title 13 of the Meridian City'Code andlor the policies of the Meridian Parks and Recreation Department. _ ('i~=T~t+?ritten consent of the owner of the property on which the OUrDOOtt MnRxET is to°be' located. ($} Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant and/or any employees and/or agents thereof from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the OUTDOOR MARKET'. Such insurance shall name the City as additional insured, and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the City. Such insurance shall afford minimum limits of $500,000.00 per person bodily injury, $500,000.00 per occurrence bodily injury, and $500,000.00 per occurrence property damage. DRIFT • March 25, 2008 - ~S REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 28 of 36 • DRAFT • March 2S, 2008 -ASREI7SED b. It shall be unlawful for any person to conduct, allow, or organize an OUTDOOR MARKET in a residential district. OUTDOOR MARKETS shall be allowed in any nonresidential district on one {1) day per week. It shall be unlawful for any person to conduct, allow, or organize an OUTDOOR MARKET on mare than one (1) day per week. d. The following provisions shall apply to any and all TEMPORARY SIGNS related to an OUTDOOR MARKET. .. . {1} it shall be unlawful for any person to install, erect post, or display or to allow or cause the installation, erection, posting, or displayafitTEMPORAttY SIGN or TEMPORARY S[GNS where the quantity or dimensions thereof exceed the limitations set forth in this section. No moe:than twentv~~(2l)I.TEMPORARY SIGNS with an area not to exceed six (6) square feet shall be installed,; erected, posted, or displayed far the purpose of identifying promoting, advertising;; Qi' directing patrons to an OUTDOOR MARKET. No~iriore that=four (4} TEMPORARY SIGNS with an area not to exceed thirty-two (32) squa=efee't shall be installed, erected, posted, or displayed for the purposeof identifying'piiinoting, advertising, or directing patrons to an OUTDOORIvI~1RKl~T~ ':.... t {2) It sha[I be unlawful for any person to install, erect,~post, or display or to allow or cause the installation, erection€posting, or display of any TEMPORARY SIGN identifying, pcomiiting, advertising; or directing patrons to an OUTDOOR MARKET upon any_ property without the percussion of the owner of such property. (3) Any and all°-TEMedttARYSGNSidentifying, promoting, advertising, or directing patrons to an OUTDOOR MARI~T' shall be removed withintwenty-four (24) hours of file close; of such (?UTDOOR MARKET. 7. ,.Standards For GARAGE, YARD AND SIMILARSALFS. ~i; a.~l" It hall be unlawful for any person to conduct a garage sale at any one {l) address: (1 } At: vvhicIifour (4) or more garage sales have been conducted by any person within the preceding three hundred sixty-Eve (365) days. (2} At which a garage sale has been canducted by any person within the previous thirty (30) days. (3) For longer than three (3) consecutive days. {4) Between the hours of 10:00 p.m. and 6:00 a.m. b. Persons conducting garage sales shall comply with all provisions of this chapter and DRAFT • March l5, 2008-ASREVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 29 of 36 • • DRAFT • March 25, 2008 - CIS REVISED any and all applicable provisions of law. All GARAGE SALES shall be directly associated with a residence on the site of such garage sale. It shall be unlawful for any person to hold a GARAGE SALE on or at any vacant or unoccupied property and/or building, except where facts exist to support the affirmative defense that such person: (1} Is the owner of record of such properly and/or building; ar (2) Priar to such GARAGE SALE, has obtained written permission of the owner of such property and/or building for the garage sale, which permission shall include the scope of such permission, including specific refererce'to the dates}, address, and location of the ra a sale• and the owner's si '~'' "~ ..~ ga g gnatureand date. Any person claiming exemption under subsectioris~(a) or'(fi)of.this section shall bear the burden of proving that such exception appItes: d. GARAGE SALES held by or for the benefit cif charitable;or non-profit organizations shall not be exempt from the provisions of`ilis chapter. e. It shall be unlawful for any person to conduct a'garage sale in any manner which creates a hazard to public health or° safety. {. ~k,N. _ ,, ,... g. The following provisions shall apply to any and ali 'I~MPORARV SIGNS related to a GARAGE SALE. (1} No more than'four (4}?TEMFORARY;SIGNS per one (1) GARAGE SALE shall be installed`:eected, posted, or displayed for the purpose of identifying, promoting, ~~~ .. advertising;~'ar:direcl:'iiii~aatirons=.to`'such GARAGE SALE. It shall be unlawful for any,.person to install,, erect, post'`or display or to allow or cause the installation, erectiol'~poshng,~brdisplay of more than four (4} TEMPORARY SIGNS per one (1 } GARAGE SALE:idenfa~ying, promoting, advertising, or directing patrons to such GARAGE $A4E '~ a :~_ (2)';The area of any`TBMPORARY SIGN installed, erected, posted, or displayed for the "''.purpose of;dentifying, promoting, advertising, or directing patrons to a GARAGE Siir;shalL not exceed six (6) square feet. It shall be unlawful for any person to installs erect, post; or display or to allow or cause the installation, erection, posting; or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a GARAGE SALE where the area of such TEMPORARY SIGN exceeds six (6} square feet. (3} It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, pasting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a GARAGE SALE upon any property without the permission of the owner of such property. DRAFT • March ZS, 2008 - AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 30 of 36 • DRAFT • March 2S, 2008 -- AS REVISED {4) Any and all TavtPORARY SIGNS identifying, promoting, advertising, or directing patrons to a Gnw1GE SA[.E shall be removed within twenty-four (24) hours of the conclusion ar close of such 'I'EMFOavtY USE. D. Penalty. A violation of this Chapter shall be an infraction punishable by a penalty of one hundred dollars ($100). In addition to such penalty, any person violating, allowing, or causing any provision of this Chapter shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this chapter occurs and/or continues maybe deemed a separate and distinct violation. ~-=~~ E. Enforcement. Peace officers and/or code enforcement officers,s};%all be empowered to enforce the provisions of this chapter. An officer may call uporitie services ofthe planning, fire, parks and recreation or other appropriate city departmerits"to~assist in the enforcement of the provisions this chapter. An officer may investigate a-y`i~se or-activity which he or she reasonably believes violates the provisions of this chapter. If an officereasonably believes that a provision of this chapter has been vio[ated,rtie.;officer may issue`acitation to the person responsible for the violation or upon theoviner or lawful possessor~fif the real property at or upon which the violation occuneti Such aifation shall be served in accordance with the provisions of the Idaho Infraction Rules, wlicF'are incorporated herein by this reference. 3-4-d: CITIZEN'S USE PERMIT' - ``~ A. In addition to other applicable provisions of this Title or of other laws, City of Meridian Citizen's Use Permit shall,lierequired priot~to the operation or execution of a planned or foreseeable.commergial, recreational, or expressive activity, event, or gathering of persons which: 1. Changes;. attempts to change, or has a tendency to change the normal flow or regulation of pedestrian orvehicular.:traffic upon or in the streets, or sidewalks; or 2. Takes place, whether'entirely brpartially on astreet orsidewalk located within the City 'aniiwill likely result in some or total obstruction of such streets or sidewalks; or 3. degree 4. A City its successful execution the provision and coordination of City services to a end above that which the City normally provides. :ridian Citizen's Use Permit shall not be required for funeral processions. B. It shall be unlawful to operate or execute, or cause the operation or execution, of an activity, event, or gathering of persons requiring a City of Meridian Citizen's Use Permit: 1. Without a valid City of Meridian Citizen's Use Permit. 2, At any time or upon any date other than that designated in a valid City of Meridian Citizen's Use Permit. DRAFT • March 23, 2008 - AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 31 of 36 • DRAFT • March 25, 2008 - AS REVISED 3. At any place other than that designated in a valid City of Meridian Citizen's Use Permit. C. Application for a City of Meridian Citizen's Use Permit shall be made to the City Clerk, and shall include the following: 1. A completed application form provided by the City Clerk, which form shalt include: a. The name, address, and telephone number of the applicant and/or the organization on whose behalf the applicant is applying. b. The date(s) and time(s) at which the activity or event:will>occur. c. The location(s) at which the activity or event will occur, and/or the route(s) that the activity or event will follow, including street nii~mes, numerical,tiiocks, and a map thereof. <; d. The number of persons, vehicles, floats, animals,;an~lor other form(s) of presentation, display, conveyance, and/or transport to be incluieil in the activity or event. e. A description of security. and safety plans and measures to be implemented at or in the course of such activity an~I~r'eveit including, secpiity personnel, barricades, traffic and/or crowd control measures, cdnes~ aritVor; directional signage. License fee per fee schedule, which fee shall be summazily waived by City Council upon a showing by applicant tfiaf?applicant is~~or:.represents: ,. w... ,:., . a. Anon-profit organization .exemptfrom` federal income tax under 26 U.S.C. §§ 501(c}(3), 501(c){6)::or"' °- b. ; A::govemmentai ~er-tity: Further, the city council may waive in whole or in part the license fee when such a fee woutd present an unreasonalsle hardship. A request for a hardship waiver shall be made in wrifingr:shall bairiaiied to the City Clerk via U.S. Mail, and shall state the reasons for such request:;;; Upon receipt of such request, the City Clerk shall schedule a public hearing on the request of a City Council meeting within thirty {30} days. The City CounciI's decision on such request shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant and/or any employees and/or agents thereof from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection wifih the permit Such insurance shall name the City and the Ada County Highway District as additional insured, and shall provide that the policy shall not terminate or be cancer prior to the expiration date without 30 days' DRAFfi • March 25, 2008 -AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 32 of 36 ~ i DRfIFT • March 2S, 2008 - AS REVISED advance written notice to the City. Such insurance shall afford minimum limits of $500,000.00 per persen bodily injury, $500,000.00 per occurrence bodily injury, and $140,000.00 per occurrence property damage. 4. Applicant's agreement to indemnify, save and hold harmless, and defend the City and the Ada County Highway District from the expenses of and against any and al( suits, actions, claims, and/or losses of every kind, nature, and description, including costs, expenses, and attorney fees dial may be incurred by reason of any act, omission, neglect, or misconduct of applicant or its participants in the use of the location(s) and/or route(s) at or upon which the activity or event will occur. 5. Applicant's certification that damage to the properties, locations, and/or routes at or upon which the activity or event will occur is not foreseeable;::and:that, if damaged, applicant shall incur the costs of restoring the original conditioi of sucfi''properties, [ovations, and/or routes. 6. Written approval of the Ada County Highway Distract of such Activity or•event. D. Upon receipt of all application materials required b~ this chapter, the City Clerk shall: 1. Refer such application to the PoLitieChcel the Fire Chcef,and the Mayor for their review and recommendation regard rag appJ~oyal oittieniaiof the`application. The Police Chief, the Fire Chief, and the Mayor shall recammend'approval of such application absent a finding that the proposed activity or event would be haimful to the public health, safety, or welfare. ; 2. Submit courtesy copses of the: apphcat~odfo. the Ada County Sheriff s Office and the :~ Idaho Department o~Transport~tion,t;~;; .:~ E. Upon reeeipt~'of tle``recommendations of the Police Chiel; the Fire Chief, and the Mayor, the City Clerk'shall either:;is§ue a t~itgof Meridian Citizen's Use Permit to the applicant or deny the a-iolication. -- F. Where theCity Clerk denies an application for a City of Meridian Citizen's Use Permit, he shall notfyttie. applicantof such denial in writing, which shall include notice of the right to appeal such'ilecisioras set forth in this chapter. Written notice of the denial shall be sent via U.S. mail to the`applicant at the address set forth an the application. The City Clerk shall deny an application for a City of Meridian Citizen's Use Permit where: 1. The application is incomplete or required application materials or fees have not been submitted; investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; 3. The Police Chief, Fire Chief, or Mayor recommends decrial. DRAFT • March 25, 2008 -AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 33 of 36 • • DRAFT • March 2S, 2008 - AS REVISED G. All application materials for a City of Meridian Citizen's Use Permit must be received by the City Clerk at least twenty-one (21) calendar days prior to the proposed activity or event. The City Clerk shall issue or deny a City of Meridian Citizen's Use Permit within fourteen (14} days of receipt of a complete application for such license. H. Appeal of the City CIerk's issuance or denial of an application of a City of Meridian Citizen's Use Permit maybe made by any person. Such appeal shall be made in writing, shall be mailed to the City Clerk via U.S. Mail, and shall state the reasons for such appeal. Upon receipt of such written appeal, the City Clerk shall schedule a:public hearing on the appeal at the next regularly scheduled City Council meeting. Foltoviiing a public hearing on the appeal, City Council shall either affirm or reverse the City;Clerk's action and shall issue written findings supporting such decision. The City Council'srilecision on such appeal shall be a final decision, and may be appealed to District Courta~oording-to_,the provisions of the Idaho Administrative Procedures Act. - I. The City of Meridian Citizen's Use Permit shall.include, on-its face: 1. The names) of the permitee; 2. The date(s) and time(s) during wFi ~ ~ suchtpermit is valid, , 3. The location(s) and/or route(s) that the;permitee sfiall be authorized to use under the permit; and 4. Any and all conditions to which the per`mtee and/or participants shall be required to adhere in the souse; of planning and/or ei~ebuting such activity or event. ,. , . ,y: J. The City Cleric may, revoke a;City of Meridian Citizen's Use Permit where: i . A term or conditron;~'of the license is violated by the permittee or by any employee or ;person operating or"acting under such permit. 2. In the;course of the activity or event for which the permit was issued, the permitee or any employee.,or person~operating or acting under such permit violates a provision of this chapter or:`oi',any other local, state, or federal law. 3. It is found, after issuance~ofsuch license, that it was issued pursuant to falsified, inaccurate, orincompleto,information on the application. The City Clerk steal[ notify the licensee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the application. Such revocation shall be effective immediately upon mailing by the City Clerk. K. Appeal of the City Clerk's revocation of an application of a City of Meridian Citizen's Use Permit may be made by the permitee. Such appeal shall be made in writing, shall be mailed DRAFT -March 2S, 2008 - AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDiNANGE -Page 34 of 36 • DRAFT • March 25, 2008 - AS REVISED to the City Clerk via U.S. Mail, and shall state the reasons for such appeal. Upon receipt of such appeal, fire City Clerk shall schedule a public hearing on the appeal at a City Council meeting within fourteen (14) days. The City Council's decision on such appeal shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Adnunistrative Procedures Act. L. Penalty. A violation of this chapter shall be an infraction punishable by a penalty of one hundred dollars ($100). In addition to such penalty, any person violating, allowing, or causing any provision ofthis Chapter shall be subject to any and alI other applicable administrative, criminal, and/or civil penalties. Each day upon which. a violation ofthis chapter continues or occurs may be deemed a separate and distincti~violation. M. Enforcement. Peace officers and/or code enforcement officers€shall be empowered to ~.,::<> enforce the provisions ofthis chapter. An officer may ca[Isupon tFiet~e~rvices of the planning, fire, parks or other appropriate city departments to assist in the enforcement of the provisions this chapter. An officer may investigate any use ozactivity which he o~'she reasonably believes violates the provisions ofthis chapter.;:=lat- officer.reasonably believes that a provision ofthis chapter has been violated, the offger,may;issue a citation to the person responsible for the violation or upon the owner or Iaiiuf`gl!possessor ofthe real property at or upon which the violation occurred. Such citation shall~Ge"served in accordance with the provisions of the Idaho Infraction Rutes which are incorporated herein by this reference. .: r~ 3-4-5: SEVERABILITY: If any provision, clause, sentence; or paragraph`of this title or the application thereof to any ~_:. - person or circumstance shall~le held~to be invalidby a court of competent jurisdiction, then such provision or section shall: Eeconsidered separatelyand apart from the remaining provisions or section ofthis chapter, wtch:shall~'emainrn~f ill:force and effect, and to this end, the provisions ofthis title are hereby declarelto'lie severalle`~~ SECTION 3. That:all ordtnagces, resolutions, orders, or parts ther~f or in conflict with this ordinance are hereby voided. PASSED' by the ~ City Coancil of the City of Meridian, Idaho, this day of Zoos: . APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2008. APPROVED: DRAFT ^ March 25, 2008 - AS REVISED OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 35 of 3b DRAFT • March 25, 2008 -,4S REVISED ATTEST: CITY CLERK MAYOR DRAFT • March 25, 2008 - AS REVISED OUTDOOR SALES ANIa TEMPORARY USES ORDINANCE -Page 36 of 36 • CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN REPLACING CHAPTER 4, TITLE 3 OF THE MERIDIAN CITY CODE, RELATING TO OUTDOOR SALES AND TEMPORARY USES; PROVIDING FOR DEFINITIONS; REGULATING MOBILE SALES UNITS; REGULATING TEMPORARY USES; PROVIDING FOR A CITIZEN'S USE PERMIT; AND PROVIDING FOR A SAVINGS CLAUSE. WHEREAS, the City Council finds that it is in the best interest of the City of Meridian to accommodate within our community outdoor sales and temporary uses that: 1) complement existing City of Meridian businesses; 2} are safe, attractive, and desirable; 3) add variety to the shopping andlor dining opportunities available to City of Meridian residents; and 4} support and encourage community events and celebrations; WHEREAS re lation`of such outdoor sales and tem or uses is necess gu p ary ary to provide standards by which such sales and events may fit this vision and thereby protect the health, safety, and welfare of Meridian residents and other participants in such outdoor sales and temporary uses occurring in our community; WHEREAS, due to the inter departmental nature of ensuring that City resources are available to manage outdoor sales and temporary uses and the attendant vehicular and pedestrian traffic, structures, signs, and other related components, it is mare efficient to provide for regulation of such sales and events in this Title of the Meridian City Code, rather than in Title 1 i, Chapter 3 of the Meridian Unified Development Code, which shall be amended accordingly in a separate ordinance; WHEREAS, the.regulations ofmobile sales units as set forth herein are constitutional restrictions on commercial speech because: 1}pursuant to Watchtower Bible and Tract Society of New York, Inc., v. Village of Stratton, 536 U.S. 150, 164-165 (2002), these regulations address substantial governmental interests, including: deterrence of fraud against Meridian residents by requiring mobile sales units to provide identification and contact information, undergo a background check, and maintain insurance; prevention of crime against Meridian residents by requiring mobile sales units to undergo a background check and fingerprinting, provide photos, provide a description of vehicles used, and report hours of operation; and protection of Meridian residents' privacy by restricting hours of operation; 2) these regulations directly advance these substantial governmental interests as required by Western States Medical Center v. Shalala, 238 F.3d 1090, 1094 (9th Cir. 2001}; and 3) these regulations are no more extensive than necessary to serve such substantial governmental interests, i.e., there is a reasonable fit between these substantial governmental interests and the restrictions, which are narrowly tailored to do so pursuant to Watchtower, 536 U.S. at 168; WHEREAS, the regulations regazding temporary uses as set forth herein are in accordance with available case law regazding the constitutionality ofsuch regulations in that they: 1) do not encompass activities protected by the First Amendment to the United States OUTDOOR SALES AND TEMPORARY USES ORDINANCE--Page 1 of 36 Constitution, according to the guiding principles set forth in Nationalist Movement v. City of York, Pa., 48 F.3d 178 (3rd Cir. 2007); 2) do not delegate overly broad licensing discretion to a government official per FoYSyth County v. Nationalist Movement, 505 U.S. 123,130 (1992}}; and 3) do not require the organizer to gay fees or costs that would have a chilling effect on speech (Id.); WHEREAS, the regulations regarding Citizen's Use Permits as set forth herein codify the practice of requiring a City of Meridian Citizen's Use Permit for large-scale use of vehicular and pedestrian rights-of--way that has been followed informally for several years in order to facilitate inter-governmental cooperation in ensuring that such use is undertaken in a time, place, and manner that protects the health, safety, and welfare of the public, including supporting the efficient and safe flow of vehicular and pedestrian traffic on public rights-of way during such use; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OE.,MERIDIAN, ADA COUNTY, LDAHO: SECTION 1: That Chapter 4, of Title 3 of the Meridian City Code shall be repealed. SECTION 2: That a new chapter, Chapter 4, of Title 3, of the Meridian City Code shall be enacted to read as follows; CHAPTER 4 OUTDOOR SALES AND TEMPORARY USES 3-4-1: DEFINITIONS: For purposes of this chapter, the following terms shall be defined as follows: A. FIRST AMENDMENT ACTNiTY: Any and all expressive and associative activity that is protected by the United States and Idaho Constitutions, including speech, press, assembly, and/or the right to petition. This definition shall not include activity that damages, harms or injures persons or property. B. GARAGE SALE: The sale, offer for sale, offer for trade, offer free of charge, or display for the purpose of selling, trading, or offering, of one (1} or more items of used or unwanted tangible personal property, including, but not limited to: clothing, household effects, tools, toys, recreation equipment, or other used ar second hand items customarily found in or about the home; where such sale, trade, offer or any portion thereof occurs outdoors or where any goods offered for sale or trade are displayed outdoors; and such sale, trade, offer or any portion thereof occurs at a residence or residential property. This definition shall include yard sales, basement sales, attic sales, moving sales, tag sales, rummage sales, and other such sales known by terms which are synonymous with the term G,~R~.oE SALE. This definition OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 2 of 36 • shall not include, and this section shall not apply to, sales specifically authorized by and conducted in conformity with statute or judicial order or conducted under judicial supervision, including, but not limited to, estate sales. C. GOODS: Tangible personal property, products, produce, food, or merchandise sold, offered for sale, offered far trade, offered free of charge, or displayed for the purpose of selling, trading, or offering. This definition shall also apply to personal property, products, or merchandise that is offered or displayed #o be sold, traded, offered, or delivered at another time or location, or that serves as a sample of that to be sold, traded, offered, or delivered at another time or location. This definition shall not include fireworks. D. MOBILE SALES UNIT: 1. A traveling, and/or door-to-door commercial or retail establishment, enterprise, facility, and/or any agent or representative thereof, from which or whom, at which or whom, or by which or whom goods andlor services are sold, traded, given away; offered for sale, trade, or giveaway; displayed for the purpose of sale, trade, or giveaway; or de~liver~d pursuant to such sale, trade, or giveaway; and which or whom: a. Does not remain within any 30(}-squaze-foot area for more than two (2) consecutive hours within anytwenty-four hour {24hour) period; and b. Is neither located on the premises of, nor physically attached to, any permanent proprietor, except when parking or stopping temporarily in order to conduct a sale, trade, giveaway, offer, display, or delivery. 2. A MOBILE S~,ES UNIT may travel and/or consist of any form of conveyance or transport, including, but not limited to, by foot, vehicle, trailer, cart, wheeled or other container, or other form of offering, displaying, or storing goods and/or services. 3. This definition shall not include F>RST AMI;rmMENT ACTMTY on public or private property. 4. This definition shall not include the delivery of goods or services to a residence or place of business pursuant to a sale, trade, giveaway, or order previously transacted or placed with a~cammercial or retail establishment, enterprise, facility, and/or any agent or representative thereof which is not traveling and/or door-to-door. E. ORGANIZER: The person who coordinates and/or promotes one or more vendors, activities, and/or venues in order to create or produce an Outdoor Market or Special Event, and/or the applicant in whose name a City of Meridian Temporary Use Permit for an Outdoor Market or Special Event is held. F. OUTDOOR MARI~T: The sale, offer for sale, offer for trade, offer free of charge, or display by any person or persons far the purpose of selling, trading, or offering, of one {1) or mote items of produce, food items, arts, crafts, new or used tangible personal property; where such sale, trade, offer or any portion thereof occurs: 1. Outdoors or where any goods offered for sale or trade are displayed outdoors; and 2. On public property or on property accessible by the general public; and 3. Within 300 feet of any other person or persons selling, trading, or offering one (1) or more items of produce, food items, arts, crafts, new or used tangible personal property. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 3 of 36 This definition shall include outdoor farmer's markets, outdoor flea markets, and outdoor arts, crafts, and/or hobby markets. This definition shall not include FIItsT A~rmMErrr Ac~Y on public or private property. G. PERMANENT PROPRIETOR: The owner or occupant of real property at which such owner or occupant conducts an approved conditional or principal permitted use as such uses are defined in the Meridian Unified Development Code. H. PROMOTIONAL SALES UNIT: An outdoor or open-air commercial or retail facility from or at which goods and/or services are sold, traded, offered for sale or trade, or displayed for the purpose of sale, trade, or giveaway; and which: 1. Remains within any 300-square-foot area for more than two consecutive hours within any twenty-four hour period; and 2. Is located on the premises of, or physically attached to, a permanent proprietor; and is operationally related or identical to such permanent proprietor. A PROMOTIONAL SALES UNIT may consist of any tangible structure, including, but not limited to, a stall, bootl~'tent, platform, box, table, rack, palate, trailer, cart, vehicle, container, or other fozm of offering, displaying, or storing goods and/or services. I. PROPERTY: Any tract of contiguous land held in single ownership. J. SERVICES: Work or labor that is offered, sold, or undertaken in exchange for money, goods, or services or that is offered or undertaken free of charge. This definition shall also include work or labor that is to be offered, sold, or undertaken at another time or location, or that serves as a sample or demonstration of work or labor to he offered, sold, or undertaken at another time or location. K. SPECIAL EVENT: 1. A planned or foreseeable commercial, recreational, or expressive activity or gathering of persons which: a. Changes,~attempts to change, or has a tendency to change the typical use of publicly accessible land or facilities, or the normal flow or regulation of pedestrian or vehicular traffic upon or in the streets, sidewalks, or otfier publicly accessible areas; and b. Takes place, whether entirely or partially: (1) On a street or sidewalk located within the City and will likely result in some or total obstruction of such streets or sidewalks; or (2} On any other property, whether public or private, but requires for its successfizl execution the provision and coordination of City services to a degree over and above that which the City normally provides; or (3) On or in any area open to the public. 2. SPECIAL EVENTS may include, but shall not be limited to: a. Parade, procession, organized movement, or motorcade, consisting of persons, vehicles, or a combination thereof; OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 4 of 36 b. Public assembly, demonstration, march, meeting, parade, protest, rally, or vigil which involves the expression of opinions or grievances of persons for a common purpose; c. Performance, presentation, ceremony, concert, or exhibit; d. Athletic competition, race, or contest involving sports, games, or exercises; or e. Community or neighborhood celebration, gathering, or block party. 3. The definition of SPECIAL EVENT shall not include: a. An activity held solely on private property not accessible by the general public and which neither requires the provision and coordination of City services to a degree over and above that which the City routinely provides nor compromises the ability of the City to respond to a public safety emergency; b. An activity, including FIRST AMENDMENT ACTIVITY, occurring on streets or sidewalks within the City or in or on City property, where such activity neither results in the obstruction of streets or sidewalks, nor requires the provision and coordination of City services to a degree over and above that which the City routinely provides, nor compromises the ability of the City to respond to a public :: l..t; safety emergency; c. Funeral processions; or d. Programmed activities provided or managed by the City. L. SUBDIVISION MODEL HOME: A dwelling which serves as an exhibit or example of dwellings constructed or to be constructed within the subdivision in which such model home is located. Where a dwelling is both a SUBDIVISION MODEL HOME and a SUBDIVISION REAL ESTATE SALES OFFICE, the definition of SUBDIVISION MODEL HOME shall apply. M. SUBDIVISION REAL ESTATE SALES-OFFICE: A structure from which lots and/or dwellings are sold, rented, or offered for sale or rent, where such structure is located in the subdivision containing such real estate. Where a structure is both a SUBDIVISION MODEL HOME and a SUBDIVISION REAL ESTATE SALES OFFICE, the definition of SUBDIVISION MODEL HOME shall apply. N. TEMPORARY SALES UNIT: An outdoor or open-air commercial or retail establishment, enterprise, or facility from or at which goods and/or services are sold, traded, offered for sale or trade, or displayed for the purpose of sale, trade, or giveaway; and which: 1. Remains within any 300-square-foot area far more than Iwo consecutive hours within any twenty-four hour period; and 2. Is not located on the premises of, nor physically attached to, any permanent proprietor. A TEMPORARY SALES UNIT may consist of any tangible structure, including, but not limited to, a stall, booth, tent, platform, box, table, rack, palate, trailer, cart, vehicle, container, or other form of offering, displaying, or storing goads and/or services. This definition shall not include the sale of fireworks. O. TEMPORARY SIGN: A sign, and/or any device, fixture, placard, or structure which: 1. Uses any color, form, graphic, illumination, symbol, or writing to identify, promote, advertise, or direct patrons to a TEMPORARY USE; and OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 5 of 36 • 2. Is not permanently mounted or secured. This definition shall be limited in its application to TEMPORARY SIGNS regarding TEMPORARY USES as defined in and regulated by this chapter, and shall not apply to signs defined in and regulated by other provisions of City Code, including, but not limited to, temporary andlor permanent signs regulated by the Meridian Unified Development Code. P. TEMPORARY USE: The carrying an, for a determinate and transitory period of time, a use af, at, or upon real property, including, but not limited to, the sale, trade, offer, delivery, or display of goods or services, where such use is not the approved conditional or principal permitted use designated for such real property as defined and regulated by the Meridian Unified Development Code. TEMPORARY uSES shall include, but shall not be limited to, SUBDIVISION MUDBL HOMES, SUBDMSION REAL ESTATE SALES OFFICES, PROMOTIONAL SALES UNITS, TEMPORARY SALES UNITS, SPECIAL EVENTS, OUTDOOR MARKETS, and GARAGE SALES. The definition of TEMPORARY USE shall not include City management and/or permitting of City facilities or usages otherwise governed by City ordinance or policy. Any TEMPORARY USE established or operated within a park or facility operated by the City of Meridian Parks and Re`crea#ztin Department shall be deemed to be either a SPECIAL EVENT or OUTDOOR MARKET. 3-42: MOBILE SALES UNITS: A. License andlar permit requirements. It shall be unlawful for any person to operate, allow the operation of, or act as a MOBILE SALES UNIT without each and all of the following licenses, permits, and/or certifications: 1. Any and all licenses, permits, and/or certifications required by local, state or federal law. 2. Any and all licenses, permits, and/or certifications required by the Central District Health Department. 3. Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission. 4. Any and all licenses, permits, inspections, and/or certifications required by Title 13 of the Meridian City Code and/ar the policies of the Meridian Parks and Recreation Department. 5. A City of Meridian Mobile Sales Unit License. a. Application for a City of Meridian Mobile Sales Unit License shall be made to the City Clerk, and shall include the following: (1} A completed application form provided by the City Clerk, which form shall include: OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 6 of 36 C~ (a) The name, address, driver's license number, and social security number of the applicant, andlor, if the applicant is an partnership, company, or corporation, the names, addresses, driver's license numbers, and social security numbers of the partners or officers. Addresses required by this section shall include both local and corporate addresses, as well as both physical and mailing addresses. (b) The names, addresses, driver's license numbers, and social security numbers of all employees and/or persons who will be operating or acting as a MOBILE SALES UNIT within the City under the Mobile Sales Unit License. Addresses required by this section shall include both local and corporate addresses, and both physical and mailing addresses. (c) A description of the goods and/or services to be sold, traded, given away; offered, displayed, and/or delivered under the Mobile Sales Unit License. (d) A description of the form of conveyance or transport to be used in the MoB~[I.E SALES UNIT'S operation, traveling, and/or conduct of sales, trades, giveaways, offers, displays, and/or deliveries. (e) A description of any and all motor vehicles to be used by the MOBILB SALES UNIT, including license plate state and number, make, model, color, and other means of identification of such vehicle{s}. (fj A description of the hours, locations, and means at and by which the MO$II.E SALES UNTI' will operate, travel, andlor conduct sales, trades, giveaways, offers, displays, and/or deliveries. (g} A comprehensive listing of any infraction, misdemeanor and/or felony convictions; probation violations; or forfeitures of bail by or of the applicant, any partner, officer, and/or any employees and/or persons who will be operating or acting as a MOBILE SALES UNTO within the City. (h) An agent upon whom service of process may be made in the State of Idaho. {2) Application fee as set forth in fee schedule. The city council shall have the authority to waive in whole or in part the application fee when such a fee would present an unreasonable hardship. A request for a hardship waiver shall be made in writing, shall state the reasons for such request, and shall be delivered to the City Clerk via U.S. Mail or in person. Upon receipt of such request, the City Clerk shall schedule a public hearing on the request OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 7 of 36 at a City Council meeting within thirty (30} days. The City Council's decision on such request shall be a final decision, and maybe appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. {3) Two {2} photographs of the applicant and/or any employees and/or persons who will be operating ar acting as a MOBILE SALES UNTr within the City. Such photographs shall be two inches by two inches and shall show the head and shoulders of the applicant and/or employee or person in a clear and distinguishable manner. {4) Fingerprints, taken by the Idaho State Police, of the applicant and/or any employees and/or persons who will be operating or acting as a MOBILE SALES UNrr within the City. {5) Proof of an insurance policy, issued by an insurance company licensed to do U`usirress in Idaho, protecting the applicant and/or any employees and/or persons who will be operating or acting as a MOBILE SALES UNTf within the City from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the permit. Such insurance shall name the City as additional insured and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the City. Such insurance shall afford minimum limits of $500,000.00 per person bodily injury, $500,000.00 per occurrence bodily injury, and $100,OQOA0 per occurrence property~amage. b. Upon receipt of all application materials required by this section, the City Clerk.shall refer the application to the Chief of Police, who shall cause an investigation to determine the validity and completeness of the information therein. The Chief of Police or his designee shall endorse upon the application the findings of the investigation and return it to the City Clerk. c. Upon receipt of the findings of the Chief of Police ar his designee, but no later than forty-two {42} days from the date of submission of the completed application and all application materials required by this section, the City Clerk shall either issue a City of Meridian Mobile Sales Unit License to the applicant or deny the application. Where the City Clerk denies an application for a City of Meridian Mobile Sales Unit License, he shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this section. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. d. The City Clerk shall deny an application for a Mobile Sales Unit License where: OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 8 of 36 i ~ (1) The application is incomplete or required application materials or fees have not been submitted; (2) Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; (3) The applicant and/or any employee and/or person to operate or act under the City of Meridian Mobile Sales Unit License has been convicted of any misdemeanor related to motor vehicles; alcohol, drugs, or illicit substances; theft, fraud, deception, or illegal sales of any goods or services; (4) The applicant and/or any employees and/or persons who will be operating or acting as a Mobile Sales Unit within the City under the City of Meridian Mobile Sales Unit License has been convicted of any felony or of any violation of this section; or fi. r.a: (5) The applicant and/or any employees and/or persons who will be operating or acting as a MOBU,E S~,LES U1vIT within the City under the City of Meridian Mobile Sales Unit License is required by any law or legal order to register as a sex offender. e. Appeal of the City Clerk's issuance or denial of an application for a Mobile Sales Unit License may be made by any person. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person. Upon receipt of such written appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30} days. Following a public hearing on the appeal, City Council shall either affirm or reverse the City Clerk's action and shall issue written findings supporting such decision. The City Council's decision on such appeal shall be a final decision, and maybe appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. £ Upon approval of an application for a Mobile Sales Unit License, the applicant/licensee shall remit to the City Clerk a license fee. Upon receipt of the license fee, the City Clerk shall issue the City of Meridian Mobile Sales Unit License. The license fee shall be established as set forth in the fee schedule. The city council shall have the authority to waive in whole or in part the license fee when such a fee would present an unreasonable hazdship. A request for a hardship waiver shall be made in writing, shall be mailed to the City Clerk via U.S. Mail, and shall state the reasons for such request. Upon receipt of such request, the City Clerk shall schedule a public hearing on the request at a City Council meeting within thirty (3d) days. The City Council's decision on such request shall be a final decision, and maybe appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 9 of 3b • C~ g. The City of Meridian Mobile Sales Unit License shall include, on its face: (1) The name(s) of the licensee and any employees and/or persons licensed to operate or act as a MOBILE SALES UNIT within the City under such license; (2) A description of the goods and/or services that may be sold, traded, given away, offered, displayed, and/or delivered under such license; (3) The hours, locations, and means at and by which the MOBILE SALES UNIT is licensed to operate, travel, and/or conduct sales, trades, giveaways, offers, displays, and/or deliveries under such license; and (4) The dates during which such license is valid. h. A City of Meridian Mobile Sales Unit License shall not be required for: ~: _ ~ .,: (1) FutST AMENDIV~NT ACTIVITY on public or private property. (2) A MOBILE SALES UNIT that is invited to the premises or place at which goods and/or services are sold, traded, given away, offered, displayed, or delivered, where such invitation is extended by the occupant or owner of such premises or place. Such invitation may be extended explicitly by such occupant or owner, or may be extended implicitly by such occupant or owner by such occupant or owner's transaction of business with such Mobile Sales Unit within the previous three hundred sixty-five {365) days. Such invitation may be revoked by such occupant or owner by explicit communication only, and shall be effective immediately, whether conveyed orally or in writing. (3} Any sale, trade, gift, offer, or display required by court order or by law. (4) The occasional sale by local school students of admission to a function of their school or of goods or services in support of a school program. i. The City Clerk may revoke a Mobile Sales Unit License where: (1) A term or condition of the license is violated by the licensee or by any employee or person operating or acting under such license. (2} In the course of operating or acting as a MOBILE SALES UNIT, the licensee or any employee or person operating or acting under such license violates a provision of this Chapter or of any other local, state, or federal law. (3} It is found, after issuance of such license, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 10 of 36 • (4) The licensee or any employee or person operating or acting under such license is convicted of any misdemeanor related to motor vehicles; alcohol, drugs, or illicit substances; or theft, fraud, deception, or illegal sales of any goods or services. (5) The licensee or any employee or person operating or acting under such license is convicted of any felony. {6) The licensee or any employee or person operating or acting under such license is required by any law or legal order to register as a sex offender. The City Clerk shall notify the licensee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the Mobile Sales Unit License application. Such revocation shall be effective immediately upon mailing by the City Clerk. s: ~:,: j. Appeal of the City Clerk's revocation of an application of a Mobile Sales Unit License may be made by the licensee. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty {30) days. The City Council's decision on such appeal shall be a final decision, and may be appealed tc> District Court according to the provisions of the Idaho Admirristrative Procedures Act. 13. Time of Operation of Mobile Sales Units. 1. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT at a time of day that is outside the scope of a valid, current Mobile Sales Unit License. 2. It shall be unlawful for any person to operate or act as a MoaILE SALES UNrr upon a date that is outside the scope of a valid, current Mobile Sales Unit License. C. Place of Operation of Mobile Sales Units. l . It shall be unlawful for any person to operate or act as a Mo~u E SALES UNtT or allow such operation or activity at a location that is outside the scope of a valid, current Mobile Sales Unit License. 2. It shall be unlawful for any person to park any vehicle or made of conveyance utilized in the operation or activity of a MOBILE SALES UNIT in violation of any generally applicable provision of Meridian City Code or local, state, or federal law. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 11 of 36 n LJ • 3. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT or allow such operation or. activity in any area of the City or in any manner prohibited by the Meridian Unified Development Code. 4. It shall be unlawful far any person to operate or act as a Mosul SALES UNIT or allow such operation or activity in or on any City building, or City property other than a City Park, without the prior written or recorded consent of City Council. D. Manner of Operation of Mobile Sales Units. 1. It shall be unlawful for any person to operate, allow the operation of, or act as a MOBILE SALES UNIT if any required license, permit, and/or certification required for such operation or activity is expired or is not valid and current for any reason. 2. If the MOBILE SALES UNIT is or utilizes a motor vehicle or other mode of transportation, a valid and current Mobile. Sales Unit License shall be exhibited in a conspicuous place on such vehicle or other mv`~l~e of transportation at all times during such operation ar activity. Otherwise, a valid and current Mobile Sales Unit License shall be kept on the licensee's and/or employee's person at all times during such operation or activity and shall be exhibited at any time upon request of any person. It shall be unlawful for any person to operate ar act as a MOBILE SALES UNrr if a Mobile Sales Unit License is not exlu`bited as required by this section. 3. It shall be unlawful for any person to operate or act as a MOBILE SALES UNIT where such person is not specifically licensed under a valid, current Mobile Sales Unit License. 4. It shall be unlawful for any person operating or acting as a MOBILE SALES UNrr or allowing such operation or activity to sell, trade, give away; offer for sale, trade, or giveaway; display goods or services for the purpose of sale, trade, or giveaway; or deliver goods or services pursuant to such sale, trade, or giveaway goods or services that are outside the scope of a valid, current Mobile Sales Unit License. 5. It shall be unlawful for any person operating or acting as MO$iLE SALES UNIT to opera#e a musical instrument or amplification device from such MOBII.E SALES UNIT where such music or sound is audible beyond fifty feet {50') of the source of such music or sound. 6. It shall be unlawful for any person operating or acting as a MOBILE SALES UNIT to: a. Misrepresent his or her purpose or affiliation; b. Continue communications with a potential customer regarding a sale, trade, giveaway, or offer thereof after such customer has stated that he or she does not wish to participate in such transaction or further communicate with such MOBILE SALES UNIT. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 12 of 36 • c. Represent the issuance of any license under this Chapter as an endorsement or recommendation of such licensed activity. E. Penalty. A violation of any provision of this Chapter shall be a misdemeanor, punishable by such fine and or imprisonment as established by Idaho Code. In addition to such penalty, any person violating, allowing, or causing any provision of this Chapter shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this chapter continues or occurs may be deemed a separate and distinct violation. F. Enforcement. Peace officers shall be empowered to enforce the provisions of this title. An officer may call upon the services of the planning, fire, parks or other appropriate city departments to assist in the enforcement of the provisions of this title or in an investigation of a suspected violation thereof. 3~1-3: TEMPORARY USES: 4. /,. ~: A. License andJor permit requirements. It shall be unlawful for any person to establish, operate, allow the operation or establishment of, or act as any T~~ORARY USE without each and all of the following licenses, permits, and/or certifications: 1. Any and all licenses, permits, and/or certifications required by local, state, or federal law. 2. Any and all licenses, permits, and/or certifications required by the Central District-Health Department. 3. Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. 4. Any and all licenses, permits, inspections, and/or certifications required by Title 13 of the Meridian City Code and/or the policies of the Meridian Parks and Recreation Department. 5. A City of Meridian Citizen's Use Permit, where applicable. 6. A City of Meridian Temporary Use Permit, except that a City of Meridian Temporary Use Permit shall not be required for the following activities, provided that this exception shall not exempt such activities from any other requirements of law: FtxsT A~1vD~1v'~ ACTrviTY on public or private property; any sale, trade, gift, offer, or display required by court order or by law; G~xaGE SALES; or fireworks sales. a. Application for a City of Meridian Temporary Use Permit shall be made to the City Clerk, and shall include a completed application form provided by the City Clerk, which form shall include, but not be limited to: OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 13 of 3b {1) The name, address, and tax identification number of the applicant, and/or, if the applicant is a partnership, company, or corporation, the name, address, and corporate or tax identification number of such entity. Addresses required by this section shall include both local and corporate addresses, as well as both physical and mailing addresses. (2) The names and addresses of all employees and/or persons who will be establishing, operating, or acting as a TEMPORARY UsE within the City under the Temporary Use Permit. Addresses required by this section shall include both local and corpora#e addresses, and both physical and mailing addresses. (3) A description of the use, including any goods andlor services to be sold, traded, given away, offered, displayed, and/or delivered, or any activities or events scheduled to occur, under the Temporary Use Permit. (4) A description of any structures that will be used in the course of activities, sales, trades, giveaways; offers, and/or displays under the Temporary Use Permit. (5} A description of any and all motor vehicles to be used by or in the course of the TEMPORARY USE, including license plate state and number, make, model, color, and other means of identification of such vehicle(s). {ti} Site plan(s) and/or map(s), including, but not limited to, placement of structures, displays, goods, vendors, scheduled events, restrooms, first aid stations, drinking water sources, garbage receptacles, and/or TEMPORARY SIGNS. Where material changes are made to such site pran prior to or upon set-up of the event, an updated site plan shall be submitted to the City. The Planning Director or designee shall review and approve such site plan{s) and/or map(s) prior to issuance of the Temporary Use Permit. ('7') A description of the dimensions, quantity, and locations of any and all 'TEMPORARY SIGNS that will be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to the TEMPORARY USE. {8) Written permission of owners of property upon which such TEMPORARY SIGNS will be installed, erected, posted, or displayed. (9} A description and/or schedules} of the hours, locations, and means at and by which activities, sales, trades, giveaways, offers, and/or displays will occur under the Temporary Use Permit. (IO} Written permission of owners of ali property or properties upon, through, or across which such TEMPORARY UsE shall operate and/or occur. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page I4 of 36 • • {11} A description of the plan for the management and/or cantral of persons and/or crowds at the sites} of such TEMPORARY USE, including, but not limited to: the number and qualifications of any security personnel to be deployed; defensive and offensive equipment and/or techniques to be utilized by or available to such security personnel, including vehicles, weapons, and/or barriers; the method{s} by which persons or crowds will be moved, dispersed, and/or evacuated in the normal course of the TEMPORARY USE and/ar in case of emergency; and the methods} by which information will be relayed to persons and crowds at the site(s) of such TEMPORARY UsE in case of emergency. {12} The plan for clean-up, tear-down, andlor removal of the Temporary Use and the site(s) upon which it occurs or is operated, including, but not limited to, the removal of any and all: structures, displays, restrooms, TEMPORARY SIGNS, garbage, litter, and hazardous materials. (13} An agent upon whom service of process may be made in the State of Idaho. {14) Application fee as set forth in fee schedule. The city council shall have the authority to waive in whole or in part the application fee when such a fee would present an unreasonable hardship. A request far a hardship waiver shall be made in writing, shall state the reasons for such request, and shall be delivered to the City Clerk via U.S. Mail or in person. Upon receipt of such request, the City Clerk shall schedule a public hearing on the request at a City Council meeting within thirty (34) days. The City Council's decision on such request shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. b. Upon receipt of all application materials required by this section, the City Clerk or designee shall determine, and shall endorse upon the application findings and determinations regarding: (1) The validity and completeness of the information therein; (2) Whether the proposed TEMPORARY UsE may be conducted in accordance with all applicable provisions of law, including, but not limited to, this chapter; and {3) Whether a violation of the Meridian Unified Development Code or of this chapter is occurring upon the property upon which such proposed TEMPORARY UsE will occur. o. Upan issuance of the findings, the City Clerk or designee shall either issue a City of Meridian Temporary Use Permit to the applicant or deny the application. Where an application for a City of Meridian Temporary Use Permit is denied, the City Clerk or designee shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this section. Written notice OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 15 of 36 • i of the denial shall be sent via U.S. mail or personally delivered to the applicant at the address set forth on the application. d. The City Clerk shall deny an application for a Temporary Use Permit where: (1) The application is incomplete or required application materials or fees have not been submitted; (2) Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; {3) The proposed TENrnORARY USE will not be conducted in accordance with ali applicable provisions of law, including, but not limited to, this chapter; or {4) A violation of the Meridian Unified Development Code or of this chapter is occurring upon the property upon which such proposed TEMPORARY USE is proposed to occur: e. The City Clerk or designee shall issue or deny Temporary Use Permit within fifteen {15) working days of receipt of a complete application for such license. f. Appeal of the City Clerk's issuance or denial of an application for a Temporary Use Permit maybe made by any person. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via. U.S. Mail or in person. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. The City Council's decision on such appeal shall be a final decision, and maybe appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. g. The City of Meridian Temporary Use Permit shall include, on its face: {1) The name(s) of the permitee and any employees and/or persons permitted to operate or carry on a TEMPORARY UsE within the City under such permit; (2} The time{s), date(s), places}, and manner at and by which the TE~o~Y UsE is permitted to occur; (3) A description of the structure(s) that maybe erected under such permit; (4) A description of the caretaker unit that may be utilized for the purposes of security and maintenance of the site, if any; (5) A description of the permitted dimensions, quantity, and locations of any and all TEMPORARY siGNS that may be installed, erected, posted, or displayed for the purpose of identifjring, promoting, advertising, or directing patrons to the permitted TEMPORARY USE; and OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 16 of 36 • (6) Any and all other conditions of operation that are necessary to protect the public health, safety, and welfare and mitigate effects on surrounding property, including, but not limited to, effects of traffic, parking, noise, vibration, odor, light, glare, distraction to motorists, and/or dust. h. In addition to any and alI other applicable civil or criminal penalties, the City Clerk may revoke a City of Meridian Temporary Use Permit where: {1) Any term or condition of the permit is violated by the permitee or by any employee or person operating or acting under such permit. {2) In the course of operating a TEMPORARY UsE, the permitee or any employee or person operating or acting under such permit violates a provision of this Chapter or of any other local, state, or federal law. (3) It is found, after issuance of such permit, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application therefor. The City Clerk shall notify the pennitee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the Temporary Use Permit application. Such revocation shall be effective immediately upon mailing by the City Clerk. i. Appeal of the City Clerk's revocation of an application of a Temporary Use Permit may be made by the permitee. Such appeal shall be made by City Council in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. Mail or in person. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (3U) days. The City Council's decision on such appeal shall be a final decision, and maybe appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. B. Standards for All TE3v[pORARY USES. The following regulations on the time, place, and manner of TENrnORARY USES shall apply generally to any and all Ts~ORARY USES. 1. Failure to obtain Temporary Use Permit. It shall be unlawfuil to operate or to allow or cause the operation or occurrence of a TEMPORARY UsE requiring a Temporary Use Permit without first obtaining a City of Meridian Temporary Use Permit. 2. Compliance with Temporary Use Permit. It shall be unlawful for any permitee or any employee or person acting under a Temporary Use Permit to violate or fail to comply with any term, condition, or standard set forth in such City of Meridian Temporary Use Permit. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 17 of 36 i • 3. Time of use. It shall be unlawful to operate or to allow or cause the operation or occurrence of a TEMPORARY UsE requiring a City of Meridian Temporary Use Permit at any time or upon any date other than that designated in a valid City of Meridian Temporary Use Permit. 4. Place of use. It shall be unlawful to operate or to allow or cause the operation or occurrence of a TEMPORARY UsE requiring a City of Meridian Temporary Use Permit at any place other than that designated in a valid City of Meridian Temporary Use Permit. 5. Manner of use. It shall be unlawful to operate or to allow or cause the operation or occurrence of a TEMPORARY USE requiring a City of Meridian Temporary Use Permit in any manner other than that designated in a valid City of Meridian Temporary Use Permit. 6. Surface. In operating or allowing the operation or occurrence of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE, it shall be unlawful to operate ar allow the operation of motorized vehicles upon airy s'iufac°d~ather than concrete, asphalt, grasscrete, pavers, bricks, and/or macadam. 7. Vision triangle. It shall be unlawful for any person operating or causing ar allowing the operation of any TEMPORARY UsE to cause or allow structures, signs, merchandise, or any other material utilized in the operation or occurrence of such TEMPORARY USE, whether or riot a City of Meridian Temporary Use Permit is required far such TEMPORARY UsE, to interfere with the clear vision triangle. 8. Right-of-way. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY UsE to operate or cause or allow the operation or occurrence of any TEMPORARY USE within the public right of way, unless otherwise authorized by a validly issued City ofMeridian Citizens Use Permit. 9. Required buffeF landscape areas. Unless otherwise approved, it shall be unlawful for any person to operate or cause ar allow the operation or occurrence of any TEMPORARY USE, whether or no# a City of Meridian Temporary Use Permit is required for such TEMPORARY UsE, within required street buffer for arterial and collector roadways and/or land use buffer landscape areas. 1 U. Structures. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required far such TEMPORARY USE, to: a. Construct or cause the construction of any permanent structure. b. Place, construct, or cause or allow the placement or construction of any structure that would not otherwise be permitted by a generally applicable provision of law or city code. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 1$ of 36 c. Fail to remove a structure utilized in the operation of such TEIVIPORA1tY USE at the end of the time period allowed by a City of Meridian Temporary Use Permit or by other Iaw. d. Place, construct, or cause or allow the placement of structures utilized in the operation ar occurrence of any TEn~ORARY USE within the required setback, required Land use buffer, and/or the required street buffer for arterial and collector roadways. 11. Caretaker unit. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY UsE, whether or not a City of Meridian Temporary Use Permit is required far such TEMPORARY USE, to: a. Establish and/or utilize more than one caretaker unit. b. Establish and/or utilize a cazetaker unit for purposes other than site security or maintenance. ., r.::r: c. Fail to remove any caretaker urvit at the end of the time period allowed by a City of Meridian Temporary Use Permit or by law. 12. Parking and access. Ifi shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY UsE to fail to provide adequate off street parking to serve such TEMPORARY USE. In the operation of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required for such TEMPORARY USE: a. The TEMPORARY UsE shall not displace the required off street parking spaces or loading areas of the principal permitted uses on the site, except where street closure is approved pursuant to a validly issued City of Meridian Citizen's Use Permit. b. The entrance and exit drives shall be designed to prevent traffic hazards and nuisances. a Ail surfaces used for parking shall be consttucted with concrete, asphalt, grasscrete, pavers, bricks, macadam, and/or or vegetative cover. Recycled asphalt may be used only where such material is approved for the site's principal permitted use by a certificate of zoning compliance validly issued by the City of Meridian. i3. Noise. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE to fail to shield compressors, fans, pumps, or other motorized equipment in a manner that minimizes noise levels to adjoining properties. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE, whether or not a City of Meridian Temporary Use Permit is required far such TEMPORARY USE, to locate or operate a compressor, fan, pump, or other motorized equipment within one hundred feet (100'} of a residential district. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 19 of 3G • S 14. Site conditions. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USE to operate or conduct such TEMPORARY USE in a manner that fails to provide for waste collection and disposal, including, but not limited to, debris, garbage, food or organic products, hazardous or toxic materials or byproducts, and signs. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY UsE, whether or not a City of Meridian Temporary Use Permit is required for such TIEMPORARY UsE, to fail to remove waste from any TEMPORARY UsE site. 15. Unobstructed sidewalk. Where a sidewalk or pedestrianway is obstructed in the course of the conduct of a TEMPORARY UsE, a minimum width of four feet (4') of such sidewalk or pedestrianway shall remain unobstructed, Where the conduct of a TEMPORARY UsE obstructs a sidewalk or pedestrianway, it shall be unlawful for any person operating or causing or allowing the operation of such TEMPORARY UsE to fail to ensure that a minimum width of four feet (4') of such sidewalk or pedestrianway remains unobstructed. C. Standards for Specific TI,MPOItARY USES. In addition to the Standards for All TEMPORARY USES as set forth above, the following standards foz time, place, and manner of operation or occurrence of specific TEMPORARY USES shall also apply. 1. Standards for SUBDIVISION MODEL HOMES. a. Where a structure is bo#h a SUBDIVISION MODEL HOME and a SUBDMSTON REAL ESTATE SALES OFFICE, such structure shall be subject to the standards for a SUBDNISION MODEL HOME. b. A SUBDIVISION MODEL HOME shall be located at or upon a lot or lots within the subdivision containing the Lots and/or dwellings of which such SUBDIVISION MODEL HOME serves as an exhibit or example. It shall be unlawful to operate or cause the operation of a SUBDMSION MODEL HOME at or upon a lot or lots which is/are not within the subdivision containing the lots and/or dwellings of which such SUBDMSION MODEL HOME serves as an exhibit or example. c. A SUBDrvISION MODEL HOME shall be located only within a structure that is suitable for sale and/or use as a residential dwelling unit. It shall be unlawful to operate or cause the operation Of a SUBDNISION MODEL HOME within a structure that iS not suitable for sale and/or use as a residential dwelling unit. While such residential dwelling unit is temporarily used as the SUBDIVISION MODEL HOME, such unit shall meet any and all applicable standards for commercial occupancy and shall obtain any and all permits required by Title 10 of this Code. It shall be unlawful to operate or cause the operation of a SUBDIVISION MODEL HOME where such SUBDMSION MODEL HOME does nofi meet all applicable standards for commercial occupancy or without any and all permits required by Title 10 of this Code. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 20 of 36 • d. The principal use of the SUBDMSION MODEL HoME shall be as an exhibit or example of lots and/or dwellings within the subdivision or planned unit development in which the SUBDIVISION MODEL HOME is located. It shall be unlawful for any person to use Or allow the use of a SUBDNISION MODEL HOME as a financial institution of any sort, including as an appraisal, loan, or closing office. e. A SUBDIVISION MODEL HOME maybe operated only until there are no newly constructed lots or dwellings for sale or rent within the subdivision in which the SuBDNISION MODEL HOME is located. It shall be unlawful to operate ar cause the operation of a SUBDIVISION MODEL HOME where no lots or newly-constructed dwellings are for sale or rent within the subdivision in which the SUBDIVISION MODEL HOME is located. f. The following provisions shall apply to any and all TEMPORARY SIGNS related to a SUBDMSION MODEL HUMS. (1} No more thath on~'(1) TEMPORARY SIGN per one (1) SUBDIVISION MODEL HOME shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, oz directing patrons to such SUBDNISION MODEL HOME. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than one (1) TEMPORARY SIGN per one (1} SUBDIVISION MODEL HOME identifying, promoting, advertising, or directing patrons to such SUBDMSION MODEL HOME. (2} The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a SUBDIVISION MODEL HOME shall not exceed sixteen (16} square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SUBDMSION MODEL HOME where tha area of such TEMPORARY SIGN exceeds sixteen (16) square feet. (3) it shall be unlawful far any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SUBDIVISION MODEL HOME upon any property other than that property upon which the SUBDIVISION MODEL HOME is located. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a SUBDIVISION MODEL HOME shall be removed withintwenty-four (24} hours of the conclusion of such TEMPORARY USE. 2. Standards for 3UBDIVISIUN REAL ESTATE SALES UFFIG'ES. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 21 of 36 • a. Where a structure is both a SUBDIVISION MODEL HOME and a SUBDIVISION REAL ESTATE SALES OFFICE, such structure shall be subject to the standards for a SUBDMSION MODEL HOME. b. The operation of a SUBDNISION REAL ESTATE SALES OFFICE without the following valid and current licenses, permits, and/or certifications shall be unlawful: (1) A City of Meridian Temporary Use Permit. (2} Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. c. A SUBDIVISION REAL ESTATE SALES OFFICE shall be located at or upon a lot or lots within the subdivision containing the lots and/or dwellings being sold from such SUBDNISION REAL ESTATE SALES OFFICE. It shall be unlawfinl to operate or cause the OperatlOn Of a SUBDMSION REAL ESTATE SALES OFFICE at upon a lot Or lots Whlch is/are nat within the ~tibdivision containing the lots and/or dwellings being sold from SUCK SUBDIVISION REAL ESTATE SALES OFFICE. d. The principal use of the SUBDNISION REAL ESTATE SALES OFFICE shall be the sale of lots and/or dwellings within the subdivision or planned unit development in which the SUBDNISION REAL ESTATE SALES OFFICE is located. It shall be unlawful for any person to use or allow the use of a SUBDIVISION REAL ESTATE SALES OFFICE as a financial institution of any sort, including as an appraisal, loan, ar closing office. e. A SUBDIVISION REAL ESTATE SALES OFFICE may remain only until there are no newly constructed lots or dwellings for sale or rent within the subdivision in which the SUBDIVISION REAL ESTATE SALES OFFICE is located. It shall be unlawful to operate or cause the operation of a SUBDIVISION REAL ESTATE SALES OFFICE where no lots or newly constructed dwellings are for sale or rent unless such SUBDIVISION REAL ESTATE SALES OFFICE is converted to a dwelling in accordance with all applicable provisions of law, including Title 10 of the Meridian City Code. f. A SUBDIVISION REAL ESTATE SALES OFFICE shall meet any and all applicable standards for commercial occupancy and shall obtain any and all permits required by Title 10 of this Code. It shall be unlawful to operate or cause the operation of a SUBDNISION REAL ESTATE SALES OFFICE where such SUBDMSION REAL ESTATE SALES OFFICE does not meet all applicable standards for commercial occupancy or without any and all permits required by Title 10 of this Code. g. The following provisions shall apply to any and all TEMPORARY SIGNS related to a SUBDIVISION REAL ESTATE SALES OFFICE. (1} No more than one (1) TEMPORARY SIGN per one (1) SUBDNISION REAL ESTATE SALES OFFICE shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such SUBDIVISION OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 22 of 36 • REAL ESTATE SALES OFFICE. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, pasting, or display of more than one (1}TEMPORARY SIGN per one (1) SUBDMSION REAL ESTATE SALES OFFICE identifying, promoting, advertising, or directing patrons to such SUBDMSION REAL ESTATE SALES OFFICE. (2} The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a SUBDIVISION REAL ESTATE SALES OFFICE shall not exceed Sixteen (lb) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SUBDIVISION REAL ESTATE SALES OFFICE where the area of such TEMPORARY SIGN exceeds sixteen (16) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the in~talla~on, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SUBDIVISION REAL ESTATE SALES OFFICE upon any properly Otller than that property upon Whlch the SUBDIVISION REAL ESTATE SALES OFFICE 1S located. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a SUBDIVISION REAL ESTATE SALES OFFICE shall be removed within twenty-four {24) hours of the conclusion of such TEMPORARY USE. 3. Stax-dards for PROMOTIONAL SALES ~ETWITS. a. The operation of a PROMOTIONAL SALES UNIT Without the following Valid and current licenses, permits, andlor certifications shall be a violation of this Chapter: {1} A City of Meridian Temporary Use Permit. (2) A City of Meridian Citizen's Use Permit, where applicabble. (3) Any and all applicable licenses, permits, and/or certifications from the Central District Health Department. {4) Any and all licenses, permits, andlor certifications required by Title 10 of the Meridian City Code. b. It shall be unlawful to operate or cause the operation of a PROMOTIONAL SALES UNIT in a residential district. c. Only a PROMOTIONAL SALES UNIT directly associated with the principally permitted use on the site on which it is located shall be allowed; for example, a sidewalk sale or tent sales associated with an existing retail establishment shall be allowed. It shall be OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 23 of 36 unlawful to operate a PROMOTIONAL SALES UNIT at any place or in any manner that is not directly associated with the principally permitted use on the site on which such PROMOTIONAL SALES UNIT is located. d. Sales by a PROMOTIONAL SALES UNIT shall be limited to a period of time not to exceed one hundred and sixty (16Q} days per calendar year. e. A PROMOTIONAL SALES UNIT and the property on or at which it is located shall comply with the standards for vehicular and pedestrian access as determined by the Ada County Highway District or other transportation authority. £ The following provisions shall apply to any and all TEMPORARY SIGNS related to a PROMOTIONAL SALES UNIT. (1) No more than two (2} TEMPORARY SIGNS per one {1 }PROMOTIONAL SALES UNIT shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, adve~sing, or directing patrons to such PROMOTIONAL SALES UNIT. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than two (2) TEMPORARY SIGNS per one {1) PROMOTIONAL SALES UNIT identifying, promoting, advertising, or directing patrons to such PROMOTIONAL SALES UNIT. (2) The azea of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNrr shall not exceed thirty-two (32) square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNIT where the area of such TEMPORARY SIGN exceeds thirty-two (32) square feet. (3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNr1' upon any property other than that property upon which the PROMOTIONAL SALES UNIT is located. (4) Any anal all TEMPORARY SIGNS ldentifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNIT shall be removed within twenty-four {24) hours of the conclusion of such TEMPORARY Use. 4. Standards for TEmPORAttY SALES UNITS. a. The operation of a TEMPORARY SALES UNIT shall be unlawfitl without the. following valid and current licenses, permits, and/or certifications: (1} A City of Meridian Temporary Use Permit. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 24 of 36 • {2) A City of Meridian Citizen's Use Permit, where applicable. {3} Any and all applicable licenses, permits, and/or certifications from the Central District Health Department. {4) Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission. {5) Any and all licenses, penmits, and/or certifications required by Title 10 of the Meridian City Code. (6} Written consent of the owner of the property on which the TEMPORARY SALES UNIT is to be located. b. It shall be unlawful to operate or cause the operation of a TEMPORARY SALES UMT in a residential dis~trict:'~''~ c. For TEMPORARY SALES UNITS that stay on the site for the full duration of the use, such uses shall be limited to a period of time not to exceed sixty (60} days, whether such days are consecutive or not, per property per calendar year. The location of a TEMPORARY SALES UNIT on a site for any portion of a day shall constitute one (1}day for purposes of this section. d. TEMPORARY SALES UNITS may utilize no more than one {1) structure. Such structure shall not exceed seven hundred (700} square feet. It shall be unlawful to utilize more than one (1}structure in the operation of a TEMPORARY SALES UNrT. It shall be unlawful for any structure utilized in the operation of a TEMPORARY SALES UNIT to be more than seven hundred (700} square feet. It shall be unlawful to utilize any structure in the operation of a TEMPORARY SALES UNIT without any and all licenses, permits, and/or certificatians required by Title 10 of the Meridian City Code. e. A TEMPORARY SALES UNIT and the property on or at which it is located shall comply with the standards for vehicular and pedestrian access as determined by the Ada County Highway District or other transportation authority. f. The following provisions shall apply to any and all TEMPORARY SIGNS related to a TEMPORARY SALES UNIT. (1) NO more than two {2) TEMPORARY SIGNS per one (1} TEMPORARY SALES UNTT shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such TEMPORARY SALES UNIT. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of more than two {2) TEMPORARY SIGNS per one (1) TEMPORARY SALES UNIT identifying, promoting, advertising, or directing patrons to such TEIVIPORARY SALES UNIT. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 25 of 36 • {2} The area of any TE~oxARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a TE~oRAxv SALES UNIT shall not exceed sixteen {Ib} square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEivII'ORARY SIGN identifying, promoting, advertising, or directing patrons to a TE1vIPORARY SALES UNIT where the area of such TIEriIPORARY SIGN exceeds sixteen (1&) square feet. {3) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TE1vIPORARY SIGN identifying, promoting, advertising, or directing patrons to a TEl1+IPORARY SALES UMT upon any property other than that property upon which the TEMPORAxY SALES UNIT is located. {4} Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a"I'EM~bRARY SALES UNIT shall be removed within twenty-four (24} hours of the conclusion or close of such TEMPORARY UsE. 5. Standards Far SPECIAL EVENTS: a. It shall be unlawful for an ORGANIZER of a SPECIAL EVENT, or any person, to conduct, "allow, organize, advertise, promote, or cause to be advertised or promoted a SPECIAL EVENT without the following: (1} A City of Meridian Temporary Use Permit. (2} A City of Meridian Citizen's Use Permit, where applicable. (3} Any and all applicable licenses, permits, inspections, andlor certifications from the Central District Health Department. (4) Any and ail applicable licenses, permits, inspections, and/or certifications from the Idaho Tax Commission. (5} Any and all licenses, permits, inspections, and/or certifications required by Title 14 of the Meridian City Code. (6} Any and all licenses, permits, inspections, and/or certifications required by Title 13 of the Meridian City Code and/or the policies of the Meridian Parks and Recreation Department. ('7) Written consent of the owner(s) of any and all property or properties on which the SPECIAL EVENT iS to occur. OUTDOOR SALES AND TEMPORARY USES ORDIlVANCE -Page 26 of 36 {8) Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant and/or any employees and/or agents thereof from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the SPECIAL EVENT. Such insurance shall name the City as additional insured, and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the City. Such insurance shall afford minimum limits of $500,000.00 per person bodily injury, $500,000.00 per occurrence bodily injury, and $500,000.00 per occurrence property damage. b. No provision of this section shall preclude the application of any amd all other licensing and/or other applicable provisions of local, state, or federal law to any SPECIAL EVIINTS ORGANIZER, nor exempt any vendor or participant in a SPECIAL EVENT from compliance with any and all other licensing or other applicable provisions of local, state, or federal law, except that where a SPECIAL EVENT includes MOBILE SALES UNrrs, such MOBILE SALES UNITS shall be exempt from the requirement to tibtaiii~City of Meridian Mobile Sales Unit License, provided that this exemption shall apply only to such MOBILE SALES UNITS represented on the site plan{s) or map(s) submitted by the ORGANIZER in application for a validly issued City of Meridian Temporary Use Permit; and further provided that such exemption shall apply only for the time, at the place, and in the manner speci5ed far such SPECIAL EVENT in a validly issued City of Meridian Temporary Use Permit. c. SPECIAL Ev~NTS shall be allowed for a period not to exceed fourteen (14) days within any ninety (90) day period. d. It shall be unlawful for any person to conduct, allow, or organize a SPECIAL EVENT in a residential district, except that: (1} Neighborhood events or block parties shall be permitted in residential districts without ~Ternporary Use Permit, although a City afMeridian Citizen's Use Permit maybe required. (2) SPECIAL EVENTS involving a route, such as races, parades, or marches maybe permitted in residential districts, so long as such SPECIAL EVENTS both start and end in nonresidential districts. e. The following provisions shall apply to any and all TEMPORARY SIGNS related to a SPECIAL EVENT. {1) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN or TEMPORARY SIGNS where the quantity or dimensions thereof exceed the Iimitations set forth in this section. No more than two hundred (200) TEMPORARY SIGNS with an area not to exceed six (6} square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 27 of 36 directing patrons to a SpI;CIAL EVENT. No more than twelve (12) TEMPORARY SIGNS with an area not to exceedthirty-two {32) square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a SPECIAL EVENT. {2) It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any'TE~oItARY SIGN identifying, promoting, advertising, or directing patrons to a SPEGIAI. EVENT upon any property without the permission of the owner of such property. (3} Any and all TEMPORARY SIGNS identifying, promoting, advertisuag, or directing patrons to a SPECIAL EVENT shall be removed withintwenty-four {24) hours of the conclusion or close of such SPECIAL EVENT. G. Standards for UUTDOOR MARKETS: a. It shall be unlaviiful .far an ORGANIZER of an OUTI700R MARKET, or any person, to conduct, allow, organize, advertise, promote, or cause to be advertised or promoted an OUTDOOR MARKET without the following valid and current licenses, permits, and/or certifications: (1) A City of Meridian Temporary Use Permit. (2} A City of Meridian Citizen's Use Permit, where applicable. (3) Any and all applicable licenses, permits, inspections, and/or certifications from the Central District Health Department. (4) Any and all applicable licenses, permits, inspections, andlor certifications from the Idaho'Tax Commission. (5) Any and all licenses, permits, and/or certifications required by Title 10 of the Meridian City Code. (6) Any and all licenses, permits, inspections, and/or certifications required by Title 13 of the Meridian City Code and/or the policies of the Meridian Parks and Recreation Department. (?) Written consent of the owner of the property on which the OU1vOOR MARKET is to be located. (8) Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant and/or any employees and/or agents thereof from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the OvTDOOR MARKET. Such insurance shall name the City as additional insured, and shall OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 28 of 36 • provide that the policy shall not terminate or be canceled prior to the expiration da#e without 30 days' advance written notice to the City. Such insurance shall afford minimum limits of $500,000.00 per person bodily injury, $500,000.00 per occurrence bodily injury, and $500,000.00 per occurrence property damage. b. It shall be unlawful for any person to conduct, allow, or organize an OUTDOOR MARKET in a residential district. c. OUTDOOR MARKETS shall be allowed in any nonresidential district on one (1}day per week. It shall be unlawful for any person to conduct, allow, or organize an OUTDOOR MARKET on more than one {1) day per week. d. The following provisions shall apply to any and all TEMPORARY SIGNs related to an OUTDOOR MARKET. (1} It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEEMPORARY SIGN or TEEMPORARY SIGNS where the quantity or dimensions thereof exceed the limitations set forth in this section. No mare than twenty (20} TEMPORARY SIGNS with an area not to exceed six (6} square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to an OUTDOOR MARKET. No more than four (4) TEMPORARY SIGNs with an azea not to exceed thirty-two {32} square feet shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to an OUTDOOR MARKET. {2) It shall be uniawfitl for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display o£ any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to an OUTDOOR MARKET upon anyproperty without the permission of the owner of such property. (3) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to an OUTDOOR MARKET shall be removed within twenty-four (24) hours of the close of such OUTDOOR MARKET. 7. Standards for GARAGE, YARD AND SIMILAR SALRS. a. It shall be unlawful for any person to conduct a garage sale at any one {1) address: {l) At which four {4) or more garage sales have been conducted by any person within the preceding three hundred sixty-five (365) days. {2) At which a garage sale has been conducted by any person within the previous thirty (30) days. {3} For longer than three (3}consecutive days. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 29 of 36 ! ~ (4) Between the hours of 10:00 p.m. and 6:00 a.m. b. Persons conducting garage sales shall comply with all provisions of this chapter and any and all applicable provisions of law. c. All GARAGE SALES shall be directly associated with a residence on the site of such garage sale. It shall be unlawful for any person to hold a GARAGE sALE on or at any vacant or unoccupied property and/or building, except where facts exist to support the affirmative defense that such person: (1} Is the owner of record of such property and/or building; or {2} Prior to such GARAGE sALE, has obtained written permission of the owner of such property and/or building far the garage sale, which permission shall include the scope of such permission, including specific reference to the date(s), address, and location of the gauge sale; and the owner's signature and date. Any person claiming exemption under subsections (a) or (b) of this section shall bear the burden of proving that such exception applies. d. GARAGE SALES held by or for the benefit of charitable or non-profit organizations shall not he exempt from the provisions of this chapter. e, It shall be unlawful far any person to conduct a garage sale in any manner which creates a hazard to public health oz safety. g. The following provisions shall apply to any and all TEMPORARY SIGNS related to a GARAGE SALE. {1} No more khan four (4) TEMPORARY SIGNS per one {1) GARAGE SALE shall be installed,,erected, posted, or displayed far the purpose of identifying, promoting, advertising, or directing patrons to such GARAGE SALE. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display ofmore than four (4} TEMPORARY SIGNS per one (1} GARAGE SALE identifying, promoting, advertising, ar directing patrons to such GARAGE SALE. (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a GARAGE SALE shall not exceed six {6} square feet. It shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a GARAGE SALE where the area of such TEMPORARY SIGN exceeds six (6) squaze feet. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 34 of 36 {3) Tt shall be unlawful for any person to install, erect, post, or display or to allow or cause the installation, erection, posting, or display of any TE~ORAItY SIGN identifying, promoting, advertising, or directing patrons to a GAGE SALE upon any property without the permission of the owner of such property. {4} Any and all TElvrnow~ltY SIGNS identifying, promoting, advertising, or directing patrons to a GAxaGE S,~I.E shall be removed within twenty-four {24} hours of the conclusion or close of such TE~ORARY USE. D. Penalty. A violation of this Chapter shall be an infraction punishable by a penalty of one hundred dollars {$140}. In addition to such penalty, any person violating, allowing, or causing any provision of this Chapter shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this chapter occurs andlor continues maybe deemed a separate and distinct violation. E. Enforcement Peace officers and/or code enforcement officers shall be empowered to enforce the provisions flf thi~fchapter. An officer may call upon the services of the planning, fire, pazks and recreation or other appropriate city departments to assist in the enforcernent of the provisions this chapter. An officer may investigate any use or activity which he or she reasonably believes violates the provisions of this chapter. If an officer reasonably believes that a provision of this chapter has been violated, the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred. Such citation shall be served tan accordance with the provisions of the Idaho Infraction Rules, which are incorporated herein by this reference. 3-4-4: CITIZEN'S USE PERMIT A. In addition to other applicable provisions of this Title or of other laws, City of Meridian Citizen's Use Permit'shall be required prior to the operation or execution of a planned or foreseeable commerpial, recreational, or expressive activity, event, or gathering of persons which: 1. Changes, attempts to change, or has a tendency to change the normal flaw or regulation of pedestrian or vehicular traffic upon or in the streets, or sidewalks; or 2. Takes place, whether entirely or partially on a street or sidewalk located within the City and will likely result in some ar total obstruction of such streets or sidewalks; or 3. Requires for its successful execution the provision and coordination of City services to a degree over and above that which the City normally provides. 4. A City of Meridian Citizen's Use Permut shall not be required for funeral processions B. It shall be unlawful to operate or execute, or cause the operation ar execution, of an activity, event, or gathering of persons requiring a City of Meridian Citizen's Use Permit: OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 31 of 36 1. Without a valid City of Meridian Citizen's Use Permit. 2. At any time or upon any date other than that designated in a valid City of Meridian Citizen's Use Permit. 3. At any place other than that designated in a valid City of Meridian Citizen's Use Permit. C. Application for a City of Meridian Citizen's Use Permit shall be made to the City Clerk, and shall include the following: 1. A completed application form provided by the City Clerk, which form shall include: a. The name, address, and telephone number of the applicant and/or the organization on whose behalf the applicant is applying. b. The date{s) and~time(~) at which the activity or event will occur. c. The location{s) at which the activity or event will occur, and/or the route(s) that the activity or event will follow, including street names, numerical blocks, and a map thereof. d. The number of persons, vehicles, floats, animals, andlor other form(s) of presentation, display, conveyance, and/or transport to be included in the activity or event. e. A description of security and safety plans and measures to be implemented at or in the course of such activity and/or event, including, security personnel, barricades, traffic and/or crowd control measures, cones, and/or directional signage. 2. License fee per fee schedule, which fee shall be summarily waived by City Council upon a showing by applicant that applicant is or represents: a. Anon profit organization exempt from federal income tax under 26 U.S.C. §§ 501{c){3}, 501(c)(6) or b. A governmental entity. Further, the city council may waive in whole or in part the license fee when such a fee would present an unreasonable hardship. A request for a hardship waiver shall be made in writing, shall be mailed to the City Clerk via U.S. Mail, and shall state the reasons for such request. Upon receipt of such request, the City Clerk shall schedule a public hearing on the request at a City Council meeting within thirty {30) days. The City Council's decision on such request shall be a final decision, and maybe appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 32 of 36 3. Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant and/or any employees and/or agents thereof from all claims for damages to property and bodily injury, including death, which may azise from operations under or in connection with the permit. Such insurance shall name the City and the Ada County Highway District as additional insured, and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the City. Such insurance shall afford minimum, bits of $500,000.40 per person bodily injury, $500,000.00 per occurrence bodily injury, and $100,000.00 per occurrence property damage. 4. Applicant's agreement to indemnify, save and hold harmless, and defend the City and the Ada County Highway District from the expenses of and against any and all suits, actions, claims, and/or 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 applicant or its participants in the use of the location(s) and/or route(s) at or upon which the activity or event will occur. s: r,: 5. Applicant's certification that damage to the properties, locations, and/or routes at or upon which the activity or event will occur is not foreseeable, and that, if damaged, applicant shall incur the costs of restoring the original condition of such properties, locations, and/or routes. 6. Written approval of the Ada County Highway District of such activity or event. D. Upon receipt of all application materials required by this chapter, the City Clerk shall: 1. Refer such application to the Police Chief, the Fire Chief, and the Mayor for their review and recommendation regazding approval or denial of the application. The Police Chief, the Fire Chief, and the Mayor shall recommend approval of such application absent a finding that the piroposed activity or event would be harmful to the public health, safety, or welfare. , 2. Submit courtesy copies of the application to the Ada County Sherii~s Office and the Idaho Department of Transportation. E. Upon receipt of the recommendations of the Police Chief, the Fire Chief, and the Mayor, the City Clerk shall either issue a City of Meridian Citizen's Use Permit to the applicant or deny the application. F. Where the City Clerk denies an application for a City of Meridian Citizen's Use Permit, he shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this chapter. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. The City Clerk shall deny an application for a City of Meridian Citizen's Use Permit where: OUTDOOR SALES AND TEMPORARY USES ORDINANCE --Page 33 of 36 • • 1. The application is incomplete or required application materials or fees have not been submitted; 2. Investigation of such application or application materials reveals that provided infozxnation is invalid, false, or incomplete; 3. The Police Chief, Fire Chief, or Mayor recommends denial. G. Ali application materials for a City of Meridian Citizen's Use Permit must be received by the City Clerk at least twenty-one (21) calendar days prior to the proposed activity or event. The City Clerk shall issue or deny a City of Meridian Citizen's Use Permit within fourteen (14} days of receipt of a complete application for such license. H. Appeal of the City Clerk's issuance or denial of an application of a City of Meridian Citizen's Use Permit maybe made by any person. Such appeal shall be made in writing, shall be mailed to the City Clerk via U.S. Mail, and shall state the reasons for such appeal. Upon receipt of such vvritte~i appeal, the City Clerk shall schedule a public hearing on the appeal at the next regularly scheduled City Council meeting. Following a public hearing on the appeal, City Council shall either affirm or reverse the City Clerk's action and shall issue written findings supporting such decision. The City Council's decision on such appeal shall be a final decision, and maybe appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. I. The City of Meridian Citizen's Use Permit shall include, on its face: 1. The name{s} of the permitee; 2. The dates} and time{s) during which such permit is valid; 3. The location(s) and/or route(s) that the permitee shall be authorized to use under the permit; and 4. Any and all conditions to which the germitee and/or participants shall be required to adhere in the course of planning and/or executing such activity or event. J. The City Clerk may revoke a City of Meridian Citizen's Use Permit where: 1. A term or condition of the license is violated by the permittee or by any employee or person operating or acting under such permit. 2. In the course of the activity or event for which the permit was issued, the permitee or any employee or person operating or acting under suoh permit violates a provision of this chapter or of any other local, state, or federal law. 3. It is found, after issuance of such license, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 34 of 36 • The City Clerk shall notify the licensee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the application. Such revocation shall be effective immediately upon mailing by the City Clerk. K. Appeal of the City Clerk's revocation of an application of a City of Meridian Citizen's Use Permit may be made by the permitee. Such appeal shall be made in writing, shall be mailed to the City Clerk via U.S. Mail, and shall state the reasons for such appeal. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within fourteen (14) days. The City Council's decision on such appeal shall be a final decision, and may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. L. Penalty. A violation of this chapter shall be an infraction punishable by a penalty of one hundred dollars {$100}. In addition to such penalty, any person violating, allowing, or causing any provision of this Chapter shall be subject to any and all other applicable administrative, criminal, and~or civil penalties. Each day upon which a violation of this chapter continues ar occurs maybe deemed a sepazaxe and distinct violation. M. Enforcement. Peace officers and/or code enforcement officers shall be empowered to enforce the provisions of this chapter. An officer may call upon the services of the planning, .fire, parks or other appropriate city departments to assist in the enforcement of the provisions this chapter. An officer may investigate any use or activity which he or she reasonably believes violates the provisions of this chapter. If an officer reasonably believes that a provision of this chapter has been violated, the officer may issue a citation to the person responsible for the violation or upon the owner or lawful possessor of the real property at or upon which the violation occurred. Such citation shall be served in accordance with the provisions of the Idaho Infraction Rules, which are incorporated herein by this reference. 3-~1-5: SEVEI2ABILIT~': If any provision, clause, sentence, or paragraph of this title or the application thereof to any person or circumstance shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or section of this chapter, which shall remain in full force and effect, and to this end, the provisions of this title are hereby declared to be severable. SECTIQN 3. That all ordinances, resolutions, orders, or parts thereof ar in conflict with this ordinance are hereby voided. PASSED by the City Council of tl~e City of Meridian, Idaho, this day of . aoas. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 35 of 36 APPROVED by the Mayor of the City of Meridian, .Idaho, this day of ,Zoos. APPROVED: ATTEST: MAYOR r.„1: CITY CLERK OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 36 of 36 MAYOR Tammy de Weerd CITY COUNCII. MEMBERS Keith Bird Joe Borton Charles Rountree David Zaremba CITY DEPARTMIIVTS Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 /fax 898-5501 Planning 660 E. Watertower Lane Suite 202 8845533 /fax 888-6844 Police 1401 E. Watertower Lane 888-6678 /fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 /fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 /fax 8840744 - Water 2355 N.W. 8th Street 888-5242 /fax 884-1159 r~ • DELIQUENCY FOR TURN OFF Schedule for Apri18, 2008 Cycle 2 MAYOR: This letter attests to the fact that no water users have requested a pre-termtnatlon hearing for April 8, 2008. Users having delinquent uttllty bills will be shut off on April 9, 2008. The total amount past due is $ 17,197.66. The number of past due customers is 223. Desiree Bickmore Billing Admtntstrator ~~~~~~~ ~-PR 0 ~ 2008 ~;~.q ~c~~ 1~e~a~ ~~ Cheek cc~ CrrY HALL 33 EASr IDAxO AvENUE NIER1n1Aly, IDAxO 83642 208) 88$-4433 CITY CLERK-FAX888-4218 CITY ATTORNEY/ HR- FAX ~4-8723 FINANCE & UTII.TfY BII.LiNG-FAX 887 13 MAYOR'S OFFICE -FAX $84-8116 CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 1 Standard Payment Customers Apr 08, 2008 04:34pm Current Period:. 04/20/2008 -Transactions Included Through: 04/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Report Criteria: Terminated customers not included Customer.Cust No Q = {<}7700000001 Customer.Bill Cycle = 2 Customer.disconnected = No Customer.shut off list = No Ref No 1 Cust No Name /Service Address Past Due Balance 63.09 98.57 50.81 108.18 2 3.18.1232.03 AFRAM, HAMOURABI 2095 SAGE SPRINGS CT W 6.06.9124.03 AGNETTA, ROBERT & KAREN 2341 REDWICK CT E (CORNER) 3 10.10.1028.04 AHEARN, THOMAS 8~ ALMA 109.41 227.06 2650 CROSSLAND DR W NO ARRANGEMENTS ALLOWED AND CASH ONLY FOR RENTER (AHEARN) UNTIL 3/31/09 DUE TO THEM WRITING A CHECK TO GET/KEEP WATER ON.-DB • 4/?J08 4 14.20.1484.02 ALLEN, CHERYL 98.20 161.39 3540 TUPELO CT W 5 9.09.9020.02 ALLEN, NANCY & RUSSELL 85.24 146.78 4043 ZION PARK WY N 6 5.50.1906.02 ANDERSON, BRETT D. 84.58 152.20 5530 SENITA HILLS AVE N 7 16.32.0482.02 ANSON, REBECCA 70.21 170.61 2213 KENMERE DR 8 14.20.2006.01 ARNETT, DUKE 68.53 158.68 3720 QUAKER RIDGE DR 9 15.22.0216.02 BAIMBRIDGE, DAVID 88.33 144.31 1620 KASTLE FALLS AVE N 10 10.10.0092.02 BAKER, DUSTIN 89.40 145.09 2977 WILDER ST W 11 17.33.1856.04 BARBEY, STEPHEN 85.24 157.19 2475 EUREKA AVE N 12 10.10.2564.02 BARSANTI, TODD ~ ALICE J. 99.83 187.40 2015 WINDCHIME DR W 13 17.34.2848.06 BEATIE, LEONARD 8 ANDREA 65.78 87.26 3043 YELLOW PEAK WAY N • • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 2 Standard Payment Customers Apr 08, 2008 04:34pm Current Period: 04/20/2008 -Transactions Included Through: 04/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 14 9.92.0429.02 BEESEN, RHONDA 157.13 334.11 1227 TIDA ST W 15 6.45.0506.03 BENAK, CHRISTOPHER J 64.44 89.96 4913 SCHUBERT AVE N 16 17.34.3194.05 BENDER, DERRICK 8~ RUA, AMANDA 59.67 114.91 1121 STORMY DR E 17 15.22.1512.02 BENSON, KENNETH 8 JULIE 77.39 151.96 1856 SANDALWOOD DR W 18 17.33.2264.05 BETTS, CHARLES 65.11 108.74 2412 EUREKA AVE N 19 15.21.3092.02 BEVEL, RITA 69.20 112.18 2888 THAMES AVE N 20 18.42.4038.03 BIBIKOV, DANIEL 73.97 108.74 1701 KAMAY CT E 21 15.21.1990.02 BICKEL, DWIGHT 8~ CYNTHIA 90.68 223.48 2935 ANN ST W 22 14.20.0700.05 BIGHAM, CINDY 71.62 166.20 1669 GOLFVIEW WAY N REMOVED CASH ONLY ALERT-HAS BEEN OVER AYEAR-DB 6/18/07 23 3.03.5270.04 BOLENDER, SARAH 8~ JOEL 81.72 172.65 1780 MARTEN CREEK DR W (CORNER 24 15.21.0064.02 BORUP, BRENT 8 JEANETTE 67.52 119.07 2270 LEANN WAY 25 10.20.0250.02 ROSIER, T. 8~ T./ GOURLEY, T. 85.24 177.04 3820 TWIN EAGLES WAY N 26 18.42.2106.03 BRADY, MIKE 8~ NANCY 64.10 114.91 2332 WINGATE PL N 27 9.15.2822.05 BRYAN PALMER/JASON FULLER 71.95 123.50 749 WHITE SANDS DR W 28 18.42.2718.03 BRYANT, JOHN 78.06 121.69 2507 LAUGHRIDGE AVE N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 3 Standard Payment Customers Apr 08, 2008 04:34pm Current Period: 04/20/2008 -Transactions Included Through: 04/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address 29 17.33.2736.03 BURTON, ANDREW 547 EDGAR ST E NO ARRANGEMENTS ALLOWED! A BURTON (RENTER) Past Due Balance 68.74 121.23 30 15.21.2174.06 BUTLER, MICHAEL 55.24 138.67 1905 RING AVE N 31 9.09.9614.02 CARREON, TONIA 64.10 125.64 1021 WHITE SANDS DR W 32 6.06.1436.04 CASE, LEX TAYLOR 64.77 126.86 2294 HANDEL ST E 33 9.15.2506.01 CEDAR SPRINGS BLDG B 105.83 222.91 730 USTICK RD W 34 10.10.2138.04 CHARLTON, DEBORAH LYNN 63.09 118.81 2176 GRASSY BRANCH DR W 35 15.21.1936.02 CLARK, D. & THOMAS, N. 92.62 173.43 2618 REBECCA WAY RENTER PAYS TOTAL DUE + FEE 36 18.01.0002.01 CLEAVER, OLIVER 70.39 103.37 2490 LOCUST GROVE RD N 37 15.21.2892.01 COIL, KEVIN 50.81 124.25 2597 STONE PL N 38 7.04.1601.03 COLLINS, BRIAN & CABBIE 65.11 119.73 1981 TRAIL BLAZER DR E 39 17.33.2566.02 CONNELL, EDWARD 57.99 111.55 721 HAWK ST E 40 9.09.9368.02 CORCORAN, CHRIS ~ NANCY 64.10 161.46 1065 GREAT BASIN DR W 41 10.10.2146.03 COVERT, ROBERT S & JENNIFER L 53.56 94.54 2250 GRASSY BRANCH DR W 42 19.10.0524.03 CRANDELL, AARON & JERRI 59.67 119.34 4137 TAHITI ST E 43 5.50.2012.02 CRANE, JAMES ~ JULIANNA 71.27 157.71 5442 RED HILLS AVE N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 4 Standard Payment Customers Apr 08, 2008 04:34pm Current Period: 04/20/2008 -Transactions Included Through: 04/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance -Ref No Cust No Name /Service Address Past Due Balance 44 7.52.0114.02 CRAWFORD, SHANE 8 TRACY 64.44 89.96 3679 SUMMERPARK PL N NO ARRANGEMENTS ALLOWED FOR RENTERS PER THE PM-RENTER PAYS TOTAL DUE + FEE 45 6.45.0203.01 CRESTWOOD CONSTRUCTION 64.44 89.96 1864 MEADOW CREEK DR E 46 6.45.0209.01 CRESTWOOD CONSTRUCTION 64.44 89.96 5047 SCHUBERT AVE N 47 6.45.0403.01 CRESTWOOD CONSTRUCTION 64.44 89.96 5124 SPANGLE AVE N 48 6.45.0407.01 CRESTWOOD CONSTRUCTION 64.44 89.96 5022 SPANGLE AVE N 49 9.15.2819.01 CRONER, CHRISTEN 95.68 208.01 671 WHITE SANDS DR W 50 3.90.0330.02 CRUZ, S. 8 WEST, D. 55.24 134.24 3079 DIVIDE CREEK DR W 51 12.40.0206.02 CULVER, CONNIE 99.54 253.70 3390 OAKSTONE AVE N 52 14.19.5498.02 CURTISS, MARK & AMY 97.19 155.95 2901 VALAM AVE N 53 15.21.2228.03 DAVIS, JESSICA 55.24 155.64 2864 KANDICE CT W 54 3.15.3708.02 DAVIS, WILLIAM & KATHLEEN 76.38 174.49 2667 LADLE RAPIDS ST W 55 15.21.1412.03 DEERE, BEN & KENDA 86.29 116.24 1730 MANO'WARPLN 56 17.85.0424.04 DENTONE, STEVEN & LYNN 83.90 129.63 230 BALDWIN ST E NO ARRANGEMENTS FOR THE RENTERS PER PM 57 9.09.0082.05 DESARO, CHERI 126.32 182.33 3787 ALEXIS WAY N CITY OF MERIDIAN Shutoff Acxount List CITY COUNCIL Page: 5 Standard Payment Customers Apr 08, 2008 04:34pm Current Period: 04/20/2008 -Transactions Included Through: 04/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 58 4.70.0828.03 DILDINE, JAMES 83.90 112.17 993 CAGNEY DR W 59 17.33.2612.06 DONALDSON, NEAL 147.71 281.68 2924 CAPE COD AVE N 60 9.20.0401.03 DUBOSE, J. 8~ MCDONALD, J. 50.81 143.10 953 ASHBY DR W NO ARRANGEMENTS FOR THE RENTERS PER THE OWNER!!! 61 16.31.0816.04 DUFT, KRISTINA 55.24 119.82 2102 WEST 12TH ST N 62 9.92.7038.04 DULAY, LAURA 95.11 133.66 1247 LORETTA ST W 63 12.40.0509.03 DURGIN, BRENDA 58.00 83.52 5189 ALDERSTONE ST W 64 14.19.6604.02 ELTON, STUART 8 PORTIA 64.77 106.36 2988 BURLEY WAY N 65 9.09.9228.02 ESHENRODER, TERRY 8~ ROBYN 76.38 123.50 4188 TALLGRASS AVE N 66 9.09.9608.02 EVERITT, DARCY 109.47 161.02 1087 WHITE SANDS DR W 67 8.08.1308.04 FABITZ, KYLE 131.64 216.75 453 MOSKEE ST E 68 13.13.8800.04 FEE, JERRY D & TERESA L 76.38 137.92 2524 JULIA PL N (CORNER) 69 9.15.2712.04 FIELDS, MICHAEL 8 JULIE 89.67 201.71 • 568 YOSEMITE DR W 70 16.16.3640.02 FITZEN, LARGE ~ LINDA 60.74 163.86 93 SEDGEWICK DR W 71 14.14.3516.02 FLORES, DAVID 58.59 123.17 4316 CAMPFIRE CT W 72 16.15.0104.02 FUHRIMAN, JOSEPH 79.47 134.06 3074 WEST 3RD AVE N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 6 Standard Payment Customers Apr 08, 2008 04:35pm Current Period: 04/20/2008 -Transactions Included Through: 04/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 73 9.92.0420.02 GABICA, MIKE 50.38 120.78 4644 ZACHARY WAY N 74 14.20.1552.02 GAILEY, BRON 69.54 115.30 3350 SUGAR CREEK DR 75 14.14.3614.04 GARRETT, DAMON 75.04 116.34 4133 BEDROCK DR W NO ARRANGEMENTS ALLOWED FOR RENTERS, PER RPM!!! 76 15.22.1090.02 GARVEY, ROSEMARY 92.76 138.49 1948 SPARKLING PL N 77 8.08.1442.03 GERMAN, DAVID 53.55 123.92 3353 MACON PL N 78 8.08.1322.03 GIBBON, LORI 8~ STEVEN 50.81 148.43 3541 WESTON WAY N 79 17.34.2144.02 GILL, JAMES & GRANDEE 68.53 155.00 1841 JERICHO RD NO ARRANGEMENTS ALLOWED AND CASH ONLY UNTIL 1R/09 DUE TO NSF WRITTEN ON ARRANGEMENTS TO AVOID TURN OFF.-DB 1/7/08 80 16.31.3496.08 GILLETTE, D. & MCDEARMAN, K 78.77 130.32 1905 WEST 11TH AVE N 81 14.14.4486.04 GOMEZ, JAMIE 55.24 119.82 3712 ANGELICA DR W 82 15.22.0214.02 GOODEN, MARIA 83.90 131.02 1615 KASTLE FALLS AVE N NO ARRANGEMENTS FOR THE RENTERS PER THE PMl!!! 83 17.33.2752.01 GRAVES, DENNIS 90.68 159.21 3120 CAPE COD AVE N NO ARRANGEMENTS ALLOWED AND CASH ONLY FOR MIKE GRAVES UNTIL 1/2/09 DUE TO NSF WRITTEN TO GET/KEEP WATER ON.-DB 1/2/08 84 17.34.0382.03 GRIMM, KEITH & DESTINY 56.92 129.00 1184 WILLOWBROOK DR E CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 7 Standard Payment Customers Apr 08, 2008 04:35pm Current Period: 04/20/2008 -Transactions Included Through: 04/20/2008 ShutofF Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 85 16.07.0918.02 GUARANTEED QUALITY CONST 60.14 72.96 2945 FAIRGLEN AVE N 86 9.15.2824.03 GUERRA, RUDY 87.52 137.68 771 WHITE SANDS DR W 87 17.33.1828.06 HALL, RONALD 8~ BARBARA 56.92 78.40 117 WOODBURY DR E 88 9.92.7112.01 HALLFORD, TOM 8 KERRY 94.10 183.35 1273 ANN TAYLOR ST W 89 16.31.3394.02 HANHARDT, ANDREW & CAMILLE 67.19 118.74 1080 DELMAR DR NO ARRANGEMENTS AND CASH ONLY UNTIL 12/4/08 DUE TO NSF WRITTEN TO GET/KEEP WATER ON.-DB 12/4/07 90 6.45.0509.02 HANNAH, JEFFREY 69.54 112.52 4821 SCHUBERT AVE N 91 5.50.0222.02 HANNAN, DEBRA 52.89 81.16 736 BONITA CANYON ST E 92 9.15.3720.03 HARRIS, JEBADIAH & SHANDA 87.26 133.02 694 BIRD WING DR W 93 13.09.0304.02 HASKELL, JEFF & REBEKAH 110.08 250.26 3059 CHRISTIAN WAY N NO ARRANGEMENTS FOR RENTERS!!!!!!!!!!!!!! 94 7.48.1103.03 HAYES, TIM 8~ MICHELLE 50.81 115.39 2443 OMERA ST E 95 9.15.2706.02 HERMANCE, JUSTIN 59.67 164.75 643 CRESCENT ST W 96 16.31.0478.01 HIRAHARA, ED 205.74 454.41 1532 SANDALWOOD DR 97 9.09.9118.01 HRISTOV, JORDAN 78.84 123.18 1495 WHITE SANDS DR W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 8 Standard Payment Customers Apr 08, 2008 04:35pm Current Period: 04/20/2008 -Transactions Included Through: 04/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 98 18.42.2388.03 HUDDLESTON, TIM 113.90 155.85 2255 GREEN MEADOW CT E 99 15.15.0048.03 HUNTER, PAUL ~ 68.53 147.53 1822 CLAIRE DR W 100 9.09.9348.02 HYNEMAN, PAMELA 50.55 110.99 1356 GREAT BASIN DR W 101 16.31.2298.03 JACKSON, DAVID & CONNIE 100.81 165.39 1516 LOWRY ST 102 8.08.1548.04 JACKSON, MICHAEL 50.81 112.61 3289 WESTON AVE N 103 8.08.1212.02 JACKSON, MORGAN 50.81 114.00 367 CARVER DR E 104 15.22.2618.02 JAMES, S./ JACKSON, A 8~ J 89.86 141.41 3150 BLUE SPRINGS AVE N NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE PM!! 105 16.31.3434.03 JANZEN, JAMES 8~ DONETTA 81.82 113.16 1142 FAIRWOOD CT 106 15.22.1594.02 JARA, JESUS & JOY 59.67 115.39 1777 BEARDON CT 107 6.45.0422.03 JENSEN, A. LEILANI 74.70 129.00 1963 REDWICK CT E 108 8.08.1374.04 JENSEN, ALOHA LEILANI 67.52 122.11 228 CARVER DR E 109 14.14.4440.03 JENSEN, ERIK & HEATHER 129.99 296.46 3754 BEDROCK DR W NO ARRANGEMENTS FOR RENTERS!!!!!!!!!!!1!! 110 9.09.0682.02 JOHNSON, JOHNNY 8~ ELIZABETH 80.81 132.10 3770 FRANDON AVE N 111 15.22.1514.02 KEHR, JOHN 50.81 103.75 1894 SANDALWOOD DR W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 9 Standard Payment Customers Apr 08, 2008 04:35pm Current Period: 04/20/2008 -Transactions Included Through: 04/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 112 9.09.0262.02 KELLEY, DAVID 84.07 122.30 3627 ELSINORE WAY N CASH ONLY FOR RENTER (D. KELLEY) PERMANENTLY-WROTE NSF TO GET/KEEP WATER ON AND NSF'S PRIOR TO THIS ONE.-DB 5122/07 113 10.20.0236.02 KELSEY, MIA 88.33 134.06 3648 T1MN EAGLES WAY N NO ARRANGEMENTS ALLOWED UNTIL 7/13/08 DUE TO BROKEN ARRANGEMENT.-DB 7/19/07 114 8.15.0230.03 KENT, JOEANN R. 105.22 105.22 997 KAIBAB TRAIL DR E 115 9.09.9332.02 KENT, SHARON 76.38 124.89 1339 WHITE SANDS DR W 116 3.90.0507.01 KISEL, SERGEY 50.81 125.64 3130 DITCH CREEK ST W NO ARRANGEMENTS ALLOWED FOR HYATT AND HYATT IS ON CASH ONLY DUE TO NSF TO GET/KEEP WATER ON. NOT SURE WHO HYATT IS AS NO R.F. ON FILE. 117 3.90.0050.02 KNIGHTON, PAUL 8~ NICOLE 96.12 153.52 5433 AREZZO AVE N CUSTOMER IS NOW CASH ONLY PERMANENTLY DUE TO NSF RECEIVED TO GET/KEEP WATER ON-DUE TO PAST NSF'S, CUSTOMER IS NOW PERM. CASH ONLY.-DB 11/7/07 118 9.09.9230.02 KOCH, CHRISTOPHER 8~ MISHELLE 96.97 152.69 4183 MCKINLEY PARK AVE N 119 10.10.2114.04 KRUEGER, SCOTT 8~ SHANNON 84.66 150.60 2179 TRESTLE DR W 120 3.90.0605.03 KUMAR, MANISH 64.92 90.60 3017 DITCH CREEK ST W 121 7.04.0906.03 LAND, JUSTIN, JESSICA & THOMAS 86.25 211.84 1624 TERRITORY DR E NO ARRANGEMENTS ALLOWED AND CASH ONLY FOR RENTER (LAND) PERMANENTLY. WROTE NSF TO S CITY OF MERIDIAN ShutofFAccount List CITY COUNCIL Page: 10 Standard Payment Customers Apr 08, 2008 04:35pm Current Period: 04/20/2008 -Transactions I ncluded Throug h: 04/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance GET/KEEP WATER ON.-DB 10/24/07-BROKE LAST ARRANGEMENT.-DB 122 9.09.0004.02 LANDIS, NICHOLIS 105.04 142.17 141 ANTON ST W 123 7.48.0034.03 LOOS, MELISSA 8~ GRADY 60.92 187.38 2219 SATTERFIELD ST E NO ARRANGEMENTS FOR RENTER!!! 124 15.21.0040.03 LUCERO, JERRY 97.19 190.12 2002 KRISTEN WAY 125 13.11.0404.04 MALOFF, ANDREW & HEATHER 73.68 118.05 2662 TRICIA WAY N 126 17.34.0436.03 MALOY, RAY 8 BETTY 74.64 140.42 2191 ZIRCON PL N 127 18.42.2332.01 MARIN, JOSE 125.11 236.93 1902 GREENMEADOW CT E NO MORE ARRANGEMENTS UNTIL 9/11/08. 128 8.08.5326.02 MARTIN, DAVID ~ SHERRY 88.53 149.18 4385 TEMPEST WAY N 129 9.09.0610.02 MAST, STEVE & GAITHER, CORRIE 87.07 128.37 617 ASHBY DR W 130 14.02.0105.01 MATRIX HOMES 65.29 78.11 4650 NIEMANN CT W 131 14.20.1388.02 MCCORMICK, JOHN & JACQUELINE 64.44 89.96 1853 ARONMINK WAY N 132 17.34.1658.03 MCKEETH, DANA 82.49 154.57 2723 WOLVERINE AVE N NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE OWNER 133 17.34.1088.03 McNEIL, BRAD ~ 90.99 126.76 1421 SAGE HEN CT E 134 16.32.0504.04 McQUILKIN, IVA RAE 94.10 191.46 2029 CRESTMONT DR 135 9.09.0740.02 MENDOZA, PEDRO 8~ EVA 82.49 188.24 550 WELCH ST W - CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 11 Standard Payment Customers Apr 08, 2008 04:35pm Current Period: 04/20/2008 -Transactions Included Through: 04/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address 136 9.09.0288.02 MILLER, JAMES 3602 ALEXIS WAY N Past Due 84.80 -~---- 136.35 137 14.19.0284.02 MILLER, PAULA & ALLAN 107.65 252.06 4016 TETER ST W 138 15.21.2602.02 MILLER, VIRGIL & TERESA 50.81 145.39 2310 SWAINSON AVE N 139 17.33.2742.02 MISNER, WENDY 64.31 90.22 619 EDGAR ST E' 140 18.42.1878.02 MOFFIT, DON 94.10 153.77 2072 SEQUOIA PL N 141 17.33.2744.01 MOFFIT, JENNIFER 60.99 109.05 637 EDGAR ST E 142 15.15.0526.02 MOLINA, RONALD 78.40 116.95 2267 LONESOME DOVE ST W 143 9.90.1707.02 MOORE, ERIN 87.99 158.36 809 YOSEMITE DR W 144 8.81.0413.02 MORALES, FELIZA 320 ANTON ST E NO ARRANGEMENTS ALLOWED FOR RENTERS PER THE PM!!!! 134.81 261.79 145 5.50.1003.03 MORGAN, MATTHEW 8 VALERIE 85.96 149.12 662 SENITA CANYON ST E 146 18.42.2368.02 MORRIS, PAUL 92.76 139.14 1756 GREEN MEADOW CT E 147 13.09.0305.04 MOSS, BRETT 8~ KRISLEE 76.38 169.57 3045 CHRISTIAN WAY N 148 8.22.0502.02 MOUSER, SEAN E 52.16 83.50 4367 HERITAGE VIEW AVE N 149 15.22.2574.02 NEILSON, JOHN l~ SHIRLE 55.24 118.43 1821 LOWRY ST W CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 12 Standard Payment Customers Apr 08, 2008 04:35pm Current Period: 04/20/2008 -Transactions Included Through: 04/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No 150 Cust No Name /Service Address Past Due Balance 9.90.1311.02 NEITZELL, JIM 8 HEATHER 986 YOSEMITE DR W 80.81 135.14 151 3.18.0816.03 NIELSON, CHRISTOPHER 117.75 178.16 4997 LOLO PASS WAY N 152 9.09.9650.02 NUFFER, BRADLEY AND KIMBERLY 59.01 126.37 848 WHITE SANDS DR W 153 8.08.1614.02 OBENCHAIN, JAMES & DORTHY 52.49 121.79 302 PATAGONIA DR E 154 16.32.1152.04 OSTER, DAVID 63.63 102.18 377 CHRISFIELD DR W 155 15.21.2226.03 PAGOAGA, KENNETH 108.19 153.95 2850 KANDICE CT W 156 3.15.2412.03 PERKINS, BRENT 8~ MARY 55.40 125.96 1965 RATTLESNAKE DR W 157 12.40.0211.02 PERREN, CHRIS 8~ RUBY 118.33 175.70 3425 ELMSTONE PL N 158 18.42.2372.01 PERRY, STEVE 8 SHERRY 59.67 123.77 1682 GREEN MEADOW CT E 159 18.42.1160.01 PIETRZAK, JON 8 HOLLY LYNN 62.13 62.13 2048 DIXIE AVE N 160 15.21.0508.02 PITCHER, CHRISTA 8~ MIKE 63.90 144.55 2858 QUARRYSTONE WAY N CANCELED D/P FROM SAVINGS, AS BANK STATED "RDFI NOT QUALIFIED TO PARTICIPATE"-DB 9/11/07 PUT ON D/P (PITCHER/RENTER) 7/9/07 (SAVINGS)-DB 7/9/07 161 14.20.2040.03 PLASTER, ERIC 8~ AMY 96.02 160.89 1619 LAUDERHILL WAY N NO ARRANGEMENTS FOR RENTERS, PER OPTION NOT SELECTED 162 13.13.4040.02 POPE, GERARD & JANET 50.81 119.82 5060 TOURNAMENT DR W • CITY OF MERIDIAN Shutoff Acxount List CITY COUNCIL Page: 13 Standard Payment Customers Apr 08, 2008 04:36pm Current Period: 04/20/2008 -Transactions Included Through: 04/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 163 18.42.1886.02 POPE, GERARD 8 JANET 65.06 113.12 1770 OAKCREST DR E 164 15.21.0078.01 POTRIDGE, GAIL 55.24 125.64 2380 LEANN WAY 165 14.19.6600.04 PRATT, CARISSA ~ ERIC 50.81 135.11 3051 FIRELIGHT PL N 166 16.32.0570.04 PREHODA ,BRYAN 73.63 133.81 630 CRESTMONT CL 167 16.31.0144.02 REED, CHERON 56.92 112.93 1350 YOST CT W NO ARRANGEMENTS ALLOWED FOR RENTERS PER THE OWNERII 168 12.40.0308.02 RENSVOLD, KRISTIN 51.82 77.34 3228 ELMSTONE AVE N 169 15.22.1416.02 REYES, J/LITTLE, B./SETSER, B. 61.35 152.54 1763 MCGLINCHEY ST W 170 14.20.1786.01 RICE, JOSEPH 121.69 168.84 2180 TURNBERRY WAY N 171 17.34.1658.05 RIFE, KATIE 61.37 156.38 2695 WOLVERINE AVE N ' NO ARRANGEMENTS ALLOWED AND CASH ONLY TIL 9/25/08 DUE TO CHECK WRITTEN ON CLOSED ACCT. TO GET/KEEP WATER ON-DB 9/25/07 172 9.92.7020.04 ROBERTS, DONIVAN 65.11 90.63 1429 LORETTA ST W 173 16.31.0880.03 ROBERTSON, SCOTT 50.48 115.06 1512 CHATEAU AVE W 174 18.41.0512.02 ROSS, LEANNE 57.71 79.35 2353 CHALLIS ST E 175 3.90.0040.03 RUSSELL, SIMEON 64.65 92.95 3140 RAVENNA ST W 176 9.92.7068.02 SCHREINER, KRISTIE 66.46 119.69 1242 ANN TAYLOR ST W • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 14 Standard Payment Customers Apr 08, 2008 04:36pm Current Period: 04/20/2008 -Transactions Included Through: 04/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address 177 6.45.0418.02 SERRANO, DEBBIE 4844 SCHUBERT AVE N Past Due Balance 85.20 155.60 178 15.15.0764.02 SILVA, MANUEL 8~ MARIA 79.47 131.02 2558 ROUGH STONE PL N 179 10.10.1108.02 SIMMONS, JON 8~ JANA 59.67 144.75 2565 CROSSLAND DR W 180 7.48.0174.02 SIMON, JOHANNA 153.60 192.15 3550 HAWKINS AVE N RENTER PAYS TOTAL DUE + FEE 181 10.10.2020.02 SIMONDS, ADAM 52.49 135.95 2143 GRASSY BRANCH DR W 182 15.21.2836.02 SINGLETON, RODNEY 92.40 195.55 2777 STALLION ST W 183 18.42.2144.04 SIZEMORE, CHRISTINE 59.67 101.62 2334 DEVLIN AVE N 184 9.09.9398.02 SMITH, DANETTE 55.24 119.82 4152 ARCHES WAY N 185 16.32.0450.04 SMITH, RICKY L & 50.81 105.14 2074 WEST 8TH ST N 186 8.08.5028.02 SNOW, TIMOTHY 8~ KERRI 50.81 114.00 4471 PARK CROSSING AVE N 187 18.43.0180.04 SPENCER, BARRY A & SAMS, R B 50.81 127.19 2635 MOOG ST E 188 16.31.0780.05 STEPHENS, SCOTT 223.69 409.30 1307 FAIRWOOD DR 189 17.79.0613.02 STERN EXECUTIVE SEARCH, INC. 59.67 164.24 2103 COUGAR WAY N 190 17.33.2372.03 STOKES, WILLIAM 52.49 109.41 2700 ARROW WOOD WAY N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 15 Standard Payment Customers Apr 08, 2008 04:36pm Current Period: 04/20/2008 -Transactions Included Through: 04/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 191 12.40.0104.01 STONE, BRANDON 64.10 151.70 3456 MAPLESTONE AVE N 192 4.70.0036.03 SZENTANAI, CHRISTIAN 77.12 105.39 5726 BERGMAN AVE N 193 14.14.3718.03 THATCHER, TIM 8~ CHRISTINA 57.59 119.39 4092 NIEMANN ST W 194 19.10.1311.02 THOMPSON, CHARLES $ SHANNON 98.53 171.49 4334 RACE ST E 195 14.19.5490.01 THOMPSON, DENNIS 102.96 207.53 3551 ANGELICA DR W 196 17.34.0938.03 TROUSDALE, BERNIE 68.63 101.33 1519 HUNTER DR E 197 8.08.0550.02 ULRICH, BRENT 8~ ERICA 87.93 186.97 3680 LEGACY WOODS AVE N 198 7.40.0052.03 ULRICH, TAMARA 68.29 168.31 1861 SUMMERPLACE CT E 199 14.14.3018.01 VAIL, RANDY ~ VICTORIA 56.92 120.14 3075 HIGH DESERT WAY N (CORNER 200 15.21.2826.01 VAN FOSSEN, CRAIG 81.82 182.71 2517 MAN O' WAR AVE N 201 3.15.1334.02 VAN TASSEL, AMY 60.68 97.84 1971 MARTEN CREEK DR 202 8.08.0214.02 VANDENBERG, MICHAEL 8 LESLIE 55.24 131.46 3940 HOLLYMOUNT WAY N (CORNER) 203 8.08.5012.02 VANLEUVEN, S. 8~ FREEMAN, T. 50.81 119.82 4582 BRIGHT ANGEL AVE N NO ARRANGEMENTS FOR RENTERS--RENTER PAYS TOTAL DUE + FEE 204 17.33.3746.05 WALLACE, BOW 87.99 175.98 2769 ARROW WOOD WAY N 205 17.79.0506.02 WALLACE, J. & JANSEN, R. 55.24 149.82 2194 COUGAR WAY N CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 16 Standard Payment Customers Apr 08, 2008 04:36pm Current Period: 04/20/2008 -Transactions Included Through: 04/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 206 8.81.0416.02 WALLACE, JEFF & JENSEN, RYAN 50.81 153.99 436 ANTON ST E 207 12.40.0220.03 WANN, PAUL 8~ BRENDA 118.94 186.59 4867 BEECHSTONE ST W NO ARRANGEMENTS ALLOWED FOR ANY RENTERS!!I! 208 14.20.1938.02 WARD, RUS ~ 72.96 151.09 1869 INCLINE WAY 209 17.34.0822.01 WATRING, SHERRI 93.97 135.56 973 BLUE HERON ST E CANCELED D/P ON 12/4/06 FOR RENTER (HAMER)-DB. PUT RENTER (HAMER) ON DIRECT PAY 7/17/06. 210 15.22.1566.02 WATTS, JACOB 8~ SARAH 50.81 109.57 1980 TANA COURT 211 7.04.1011.02 WATTS, TYLER 8~ HEATHER 71.95 121.85 1687 EXPEDITION DR E 212 15.22.1238.01 WEISS, DAVID M. 109.56 264.80 1853 COOL CREEK AVE N 213 16.32.0692.01 WEYMOUTH, VICKI & LARRY 96.31 203.05 268 CRANMER DR 214 16.16.3508.02 WHITMIRE, SCOTT ~ SYNDI 79.13 130.39 478 SEDGEWICK DR W 215 5.50.0265.03 WILDE, KRISTEN ~ DANIEL, KELLY 107.39 193.37 5356 RED HILLS PL N 216 7.48.1109.03 WILLIAMS, RANDALL 58.71 102.56 2559 OMERA ST E 217 8.08.1244.02 1MLSON, JACOB ~ 70.61 110.52 411 CASSIDY DR E 218 3.15.4802.02 WOLFE, BRANDON 82.83 141.62 1896 GRAND TETON DR W RENTER PAYS TOTAL DUE + FEE • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 17 Standard Payment Customers Apr 08, 2008 04:36pm Current Period: 04/20/2008 -Transactions Included Through: 04/20/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance. 219 9.92.1308.03 WOODSON, ERIC 74.56 140.79 4723 ZACHARY WAY N 220 9.92.1310.03 WOODSON, ROBERT 59.57 102.81 4751 ZACHARY WAY N NO ARRANGEMENTS ALLOWED FOR RENTERS PER PM!!1 221 14.20.1258.04 WYMAN, WAYNE 64.10 134.50 1720 ARONMINK WAY N 222 15.22.2590.04 ZANTI, CHARLES 8~ BILLIE 77.39 181.06 2838 BLUE SPRINGS AVE 223 17.79.0705.04 ZTLATAN, BEHRIC 78.67 120.00 2060 EUREKA AVE N Grand Totals: 223 Customers Listed 17,197.66 32,019.21 Report Criteria: Terminated customers not included Customer.Cust No () _ {<}7700000001 Customer.Bill Cycle = 2 Customer.disconnected = No Customer.shut off list = No