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2008-04-15
E IDIAN~ - cI-I-Y couNCl ~ L REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, April 15, 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 ~~ Charlie Rountree ~ Keith Bird ~ / Mayor Tammy de Weerd / 2. Pledge of Allegiance: Boy Scout Troop # 461 ~i z9 /3. Community Invocation by Pastor Ken Redford with Meridian Friends Church: ~4. Adoption of the A enda: /~'J ~~ g ~ ~~~ ,'pp _ /5. Consent Agenda: v% A. Approve Minutes of January 7, 2008 City Council Special /Joint Workshop Meeting: I B. Approve Minutes of March 4, 2008 City Council Regular Meeting: C. Approve Minutes of March 11, 2008 City Council Special Workshop Meeting: D. Approve Minutes of March 18, 2008 City Council Special Meeting: E. Approve Minutes of March 24, 2008 City Council Special Meeting: Meridian City Council Meeting Agenda -April 15, 2008 Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • F. Findings of Fact and Conclusions of Law or Approval: 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: G. Findings of Fact and Conclusions of Law for Approval: 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 Corner of North Locust Grove Road and East Leigh Field Drive: H. Findings of Fact and Conclusions of Law for Approval: 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: I. Findings of Fact and Conclusions of Law for Approval: AZ 08- 002 Request for Annexation and Zoning of 3 acres from RUT to an R-15 (Medium High Density Residential) zone for Villas Ca)_ Lochsa Falls by D.T. Campbell Investments - 5555 North Linder Road: J. Findings of Fact and Conclusions of Law for Approval: 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: K. Findings of Fact and Conclusions of Law for Approval: 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 ~ Lochsa Falls by D.T. Campbell Investments - 5555 North Linder Road: L. Water Main Easement Agreement for Famous Dave's BBQ by Idaho Dave's BBQ, Inc.: M. Water Main Easement Agreement for Idaho Pulmonary by Aspen Grove Development: N. Sanitary Sewer and Water Main Easement Agreement for Paramount Commercial by Ustick Marketplace, LLC: Meridian City Council Meeting Agenda -April 15, 2008 Page 2 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. i v O. Sanitary Sewer and Water Main Easement Agreement for Pinebridge by DMB Investments, LLC: P. Sanitary Sewer and Water Main Easement Agreement for Devon Park No. 3 by Fairview Lakes, LLC: Q. Change Order No. 1 for the Black Cat Trunk Sewer Phase 4 Schedule BBC (Construction) with Knife River for $12,021.08: R. Chanae Order No. 2 of Contract with Treasure Valley Drilling for Construction of Well 27 for Additional Well Development, Test Pumping and Mud-Weighting Material for $27,000: S. Task Order 0732a with Civil Survey Consultants, Inc. for Well 14 Pump Replacement Design fora Cost Not to Exceed $8,500.00: T. Task Order 0726a for Water Division Facility Phase 2 (Design) with Civil Survey Consultants for $2,420.00: U. South Area Lift Station and Pipeline Proiect Amendment No. 4 with CH2M HILL for $86,000: V. Pressurized Irrigation Memorandum of Agreement with Brighton Corporation for Paramount Commercial Southwest Subdivision No. 1: W. Economic Development Coordinator Agreement between the City of Meridian and Virtus Enterprises, LLC: X. Award Bid for Grant for Sr. Citizen Center Phase 2 ICDBG-04- III-01-SR for Window Repl cement with Western Siding for $4,620.00: I ab~- ~b `-~~ ~-~- Y. Ratification of Bid Awards Approved on April 8, 2008 with Petra for the New City Hall Plaza: Z. Approve Beer, Wine and Liauor License Renewals: Carrabbas 3285 E. Pine Ave. Beer Bz Liquor Super Pollo 2031 E. Fairview Ave. Beer New Frontier 116 E. Broadway Ave. Beer & Liquor Fiesta Guadalajara 704 E. Fairview Ave. Beer $ Liquor Pizza Hut #2165 675 S. Progress Beer Meridian City Council Meeting Agenda -April 15, 2008 Page 3 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Pizza Hut #2166 1752 W. Cherry Ln. Beer Baja Fresh 1440 N. Eagle Rd. Beer Harvest Buffet 48 E. Fairview Ave. Beer & Wine Ustick Chevron 770 W. Ustick Ave. Beer & Wine Fred Meyer 1850 E. Fairview Ave. Beer 8< Wine Round Table 499 Main St. Beer & Wine Health Nuts 1756 W. Cherry Ln. Beer & Wine Tobacco Conn. 450 S. Meridian Rd. Beer & Wine Chicago Conn. 1629 N. Main St. Beer 8~ Wine Chicago Conn. 1935 S. Eagle Rd. Beer 8~ Wine Siam Thai 2951 E. Overland Rd. Beer & Wine Quick Stuff 3010 Goldstone Dr. Beer ~ Wine Strikers 324 S. Meridian Rd. Beer & Liquor Busted Shovel 704 N. Main St. Beer ~ Liquor Goodwood 1140 N. Eagle Rd. Beer & Liquor JB's 1565 S. Meridian Rd. Beer & Liquor Idaho Steakhous e 3560 N. Eagle Rd. Beer $ Liquor Texas Roadhous e 3801 E. Fairview Ave. Beer & Liquor Epi's 1115 N. Main St. Beer & Wine Wingers 1701 E. Fairview Ave. Beer ~ Wine Divine Wine 2310 E. Overland Rd. Beer & Wine 127 Club 127 E. Idaho Ave. Beer & Liquor St. Lukes 520 S. Eagle Rd. Beer ~ Wine Cafe Indigo 1789 S. Eagle Rd. Beer SZ Liquor AA. Budget Amendment for IT for Network Infrastructure for the New City Hall: 6. Department Reports A. Legal Department /1. Precious Metal Dealers License: 2. SWAC Committee Member Changes: a. Add New Billing Manager 3. SWAC Recommendation for Recycling Proiects: a. Sawtooth Middle School for Reader Board for $17,000.00 b. Heritage Middle School for Bleachers for ~' $6,000.00 Meridian City Council Meeting Agenda -April 15, 2008 Page 4 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • c. Meridian Youth Baseball Complex for Bleachers for $15,000.00 d. Ponderosa Elementary School for Gazebo for $6,000.00 B. Mayor's Office 1. Discussion of Heritage Ball Fields: ~ ^ p' >~~~w 2. Meridian Arts Commission Update: 7. Items Moved from Consent Agenda: ~~a~ 8. MFP 08-001 Request for Modification of the 6-foot vinyl perimeter fencing approved with the Final Plat landscaping plan for Cardigan Bay Subdivision (FP 06-040) by Liberty Associates, LLC -north of East McMillan Road, south of East Chinden Boulevard and west of North Locust Grove Road: ~ `~~,~c~ 9. MFP 08-002 Request to Modify Final Plat (FP 07-028) from the approved landscape plan to eliminate trees from drainage swales in the center islands of the roadway and near the detention pond in response to ACRD requirements. Additional trees will be placed within the common area along W. Ustick Road and one tree planted on each individual residential lot (home builder responsibility) for Southwick Subdivision by Gemstar Properties, LLC - 1255 West Ustick Road: ~~ ~ ~ ~~~~ 10. VAC 08-002 Request to Vacate the existing right-of-way of Nola Road for Nola Road Vacation by Doug Tam,/ura - nolth of Lanark Street and east of Locust Grove Road: ~Gv.~-~-~- ~ ~~ ~~ 1. Public Hearing: AZ 07-016 Request for Annexation and Zoning of 224.29 acres from RR to R-2 zone (45.14 acres) and R-8 zone (179.16 acres) for Castle Rock by Providence Development Group, LLC -south of East Amity Road and west of South Eagle Road: 2. Public Hearing: PP 07-020 Request for Preliminary Plat approval consisting of 794 residential building lots and 86 common /other lots on 181.11 acres in proposed R-2 and R-8 zones for Castle Rock by Providence Development Group, LLC -south of East Amity Road and west of South Eagle Road: 3. Public Hearing: PUD 07-001 Request for approval of a Planned Unit Development for deviations from district requirements to provide an opportunity for exemplary site development for Castle Rock by Meridian City Council Meeting Agenda -April 15, 2008 Page 5 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Providence Development Group, LLC -south of East Amity Road and west of South Eagle Road: 14. Public Hearing: TE 08-003 Request for approval of an 18-month Time Extension to obtain the City Engineer's signature on the Final Plat and commence the use in accordance with the conditions of approval of AZ 05-016, PP 05-023, CUP 05-024, FP 06-011, PS 07-003 and TE 07-004 for Umbria Subdivision (aka Silver Oaks) by Ten Mile Development, LLC -north side of We~s1,t Fran lin Road~mately '/ mile west of ~/ North Ten Mile Road: ~ ~ ~ ~ ~ "~ C~o~r r ~2cc.~. 15. Continued Public Hearing from April 1, 2008: Outdoor Sales and Temporary Use Permit Ordinance: 16. Ordinance No. 08-1354 Permit Ordinance (3rd Reading): ~ ~~ -~3 Outdoor Sales and Tem ora Use 17. Public Hearing: ZOA 07-002 Request for a Zoning Ordinance Amendment to amend the current provisions in Chapter 3, Article E (Temporary Use Requirements) of the UDC (Title 11) and the definition of Temporary Use found in Chapter 1, Article A for Tem ora Use UDC ~ Text Amendment by the Meridian City Planning Department: (' ,,,,,~. 1s. ~ Ordinance No. d~'/3,~ 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: Ct..~-~2~. Q v~..rd ~ IQ-o A. ~ /~~ Meridian City Council Meeting Agenda -April 15, 2008 Page 6 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • E IDIAN.= s ~ CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, April 15, 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 ~ Charlie Rountree _~ Keith Bird ~ Mayor Tammy de Weerd 2. Pledge of Allegiance: Boy Scout Troop # 461 ~-~ 12~ 3. Community Invocation by Pastor Ken Redford with Meridian Friends Church: 4. Adoption of the Agenda: /~-~o`(~ ~, I ~?.. 5. Consent Agenda: ~pp~fL ~I~, A. Approve Minutes of January 7, 2008 City Council Special /Joint Workshop Meeting: ~~ B. Approve Minutes of March 4, 2008 City Council Regular Meeting: l4~pro~/~ C. Approve Minutes of March 11, 2008 City Council Special Workshop Meeting: ~~ ~~(~ D. Approve Minutes of March 18, 2008 City Council Special Meeting: ~p~ro~- E. Approve Minutes of March 24, 2008 City Council Special Meeting: Meridian City Council Meeting Agenda -April 15, 2008 Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Findings of Fact and Conclusions of Law or Approval: 12Z 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: ~pprpv~ G. Findings of Fact and Conclusions of Law for Approval: 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 Co~m~er~~North Locust Grove Road and East Leigh Field Drive: H. F""i'nf~''d~~i'n~~g''s of Fact and Conclusions of Law for Approval: 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: app~~R--~ I. Findings of Fact and Conclusions of Law for Approval: AZ 08- 002 Request for Annexation and Zoning of 3 acres from RUT to an R=15 (Medium High Density Residential) zone for Villas Cod Lochsa Falls by D.T. Campbell Investments - 5555 North Linder Road: I~O~ J. Findings of Fact and Conclusions of Law for Approval: 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: ~/~ K. Findings of Fact and Conclusions of Law for Approval: 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 ~ Lochsa Falls by D.T. Campbell Investments - 5555 North Linder Road: ~j~QYC~ L. Water Main Easemenrt Agreement for Famous Dave's BBQ by Idaho Dave's BBQ, Inc.: ~~~~ M. Water Main Easement Agreement for Idaho Pulmonary by Aspen Grove Development: ~pp~~~ N. Sanitary Sewer and Water Main Easement Agreement for Paramount Commercial by Ustick Marketplace, LLC: ram Meridian City Council Meeting Agenda -April 15, 2008 Page 2 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • O. Pinebridge by DMB Investments, LLC: P. Sanitary Sewer and Water Main Easement Agreement for Devon Park No. 3 by Fairview Lakes, LLC: ~ Q. Change Order No. 1 for the Black Cat Trunk Sewer Phase 4 Schedule B$C (Construction) with Knife River for $12,021.08: ~~~ R. Change Order No. 2 of Contract with Treasure Valley Drilling for Construction of Well 27 for Additional Well Development, Test Pumping and Mud-Weighting Material for $27,000: A~~®~- S. Task Order 0732a with Civil Survey Consultants. Inc. for Well 14 Pump Replacement Design fora Cost Not to Exceed $8,500.00: ~~~~ T. Task Order 0726a for Water Division Facility Phase 2 (Design) with Civil Survey Consultants for $2,420.00: ~~rpv~ U. South Area Lift Station and Pipeline Project Amendment No. 4 with CH2M HILL for $86,000: p~/@, V. Pressurised Irrigation Memorandum of Agreement with Brighton Corporation for Paramount Commercial Southwest Subdivision No. 1: rp/~ W. Economic Development Coordinator Agreement between the City of Meridian and Virtus Enterprises, LLC: ~ X. Award Bid for Grant for Sr. Citizen Center Phase 2 ICDBG-04- III-01-SR for Window Replacement with Atkinson Mirror and Glass for $3,654.31: Request to Table to April 22, 2008 ~( bl'~ Y. Ratification of Bid Awards Approved on April 8, 2008 with Petra for the New City Hall Plaza: ~ Z. Approve Beer, Wine and LIQUOr License Renewals: ~rjapr~ Carrabbas 3285 E. Pine Ave. Beer ~ Liquor Super Pollo 2031 E. Fairview Ave. Beer New Frontier 116 E. Broadway Ave. Beer 8z Liquor Fiesta Guadalajara 704 E. Fairview Ave. Beer $ Liquor Pizza Hut #2165 675 S. Progress Beer Meridian City Council Meeting Agenda -April 15, 2008 Page 3 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ ~ Pizza Hut #2166 1752 W. Cherry Ln. Beer Baja Fresh 1440 N. Eagle Rd. Beer Harvest Buffet 48 E. Fairview Ave. Beer $ Wine Ustick Chevron 770 W. Ustick Ave. Beer 8~ Wine Fred Meyer 1850 E. Fairview Ave. Beer Bz Wine Round Table 499 Main St. Beer gt Wine Health Nuts 1756 W. Cherry Ln. Beer $ Wine Tobacco Conn. 450 S. Meridian Rd. Beer 8~ Wine Chicago Conn. 1629 N. Main St. Beer & Wine Chicago Conn. 1935 S. Eagle Rd. Beer & Wine Siam Thai 2951 E. Overland Rd. Beer $ Wine Quick Stuff 3010 Goldstone Dr. Beer 8~ Wine Strikers 324 S. Meridian Rd. Beer & Liquor Busted Shovel 704 N. Main St. Beer ~ Liquor Goodwood 1140 N. Eagle Rd. Beer Sz Liquor JB's 1565 S. Meridian Rd. Beer & Liquor Idaho Steakhouse 3560 N. Eagle Rd. Beer ~ Liquor Texas Roadhouse 3801 E. Fairview Ave. Beer & Liquor Epi's 1115 N. Main St. Beer & Wine Wingers 1701 E. Fairview Ave. Beer & Wine Divine Wine 2310 E. Overland Rd. Beer 8~ Wine 127 Club 127 E. Idaho Ave. Beer 8< Liquor St. Lukes 520 S. Eagle Rd. Beer & Wine Cafe Indigo 1789 S. Eagle Rd. Beer ~ Liquor 6. AA. Budaet Amendment for IT for Network Infrastructure for the New City Hall: ~p~{.., Department Reports A. Legal Department 1. Precious Metal Dealers License: ijj SCUS~St.c~ 2. SWAC Committee Member Changes: ~ ppr~vG a. Add New Billing Manager 3. SWAC Recommendation for Recvclina Proiects: ~~rei~-- ~ 113 a. Sawtooth Middle School for Reader Board for $17,000.00 b. Heritage Middle School for Bleachers for $6,000.00 Meridian City Council Meeting Agenda -April 15, 2008 Page 4 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • c. Meridian Youth Baseball Complex for Bleachers for $15,000.00 d. Ponderosa Elementary School for Gaaebo for $6,000.00 B. Mayor's Office 1. Discussion of Heritage Ball Fields: Able. ~-ID ~ I2~,Ia~ 2. Meridian Arts Commission Update: ~~,~-~ ~ ~ 221 ~ 7. Items Moved from Consent Agenda: 8. MFP 08-001 Request for Modification of the 6-foot vinyl perimeter fencing approved with the Final Plat landscaping plan for Cardigan Bay Subdivision (FP 06-040) by Liberty Associates, LLC -north of East McMillan Road, south of East Chinden Boulevard and west of North Locust Grove Road: A~pprO~c.. 'RI ~~ 9. MFP 08-002 Request to Modify Final Plat (FP 07-028) from the approved landscape plan to eliminate trees from drainage swales in the center islands of the roadway and near the detention pond in response to ACHD requirements. Additional trees will be placed within the common area along W. Ustick Road and one tree planted on each individual residential lot (home builder responsibility) for Southwick Subdivision by Gemstar Properties, LLC -1255 West Ustick Road: ~b-~ -4~ ~--'~' 2 -0 ~ 10. VAC 08-002 Request to Vacate the existing right-of--way of Nola Road for Nola Road Vacation by Doug Tamura -north of Lanark Street and east of Locust Grove Road: ~ ~C ~~ ~ 11. Public Hearing: AZ 07-016 Request for Annexation and Zoning of 224.29 acres from RR to R-2 zone (45.14 acres) and R-8 zone (179.16 acres) for Castle Rock by Providence Development Group, LLC -south of East Amity Road and west of South Eagle Road: pt'CpfkrG ~C~- ~li A.I 12. Public Hearing: PP 07-020 Request for Preliminary Plat approval consisting of 794 residential building lots and 86 common /other lots on 181.11 acres in proposed R-2 and R-8 zones for Castle Rock by Providence Development Group, LLC -south of East Amity Road and west of South Eagle Road: °Pr~~,lr~' ~eL-~ .°YL,1~ 13. Public Hearing: PUD 07-001 Request for approval of a Planned Unit Development for deviations from district requirements to provide an opportunity for exemplary site development for Castle Rock by Meridian City Council Meeting Agenda -April 15, 2008 Page 5 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • Providence Development Group, LLC -south of East Amity Road and west of South Eagle Road: ~R' ~ ~"~~~~ ~.1'1L~ 14. Public Hearing: TE 08-003 Request for approval of an 18-month Time Extension to obtain the City Engineer's signature on the Final Plat and commence the use in accordance with the conditions of approval of AZ 05-016, PP 05-023, CUP 05-024, FP 06-011, PS 07-003 and TE 07-004 for Umbria Subdivision (aka Silver Oaks) by Ten Mile Development, LLC -north side of West Franklin Road, approximately '/ mile west of North Ten Mile Road: (b(ltil°1UC 'f0 ~ le-0~ 15. Continued Public Hearing from April 1, 2008: Outdoor Sales and Temporary Use Permit Ordinance: C~QS~. ~bLIC e41'trlq 16. Ordinance No. 08-1354 Outdoor Sales and TemporaJJrv Use Permit Ordinance (3rd Reading): ~pPrpv~ 17. Public Hearing: ZOA 07-002 Request for a Zoning Ordinance Amendment to amend the current provisions in Chapter 3, Article E (Temporary Use Requirements) of the UDC (Title 11) and the definition of Temporary Use found in Chapter 1, Article A for Temporary Use UDC Text Amendment by the Meridian City Planning Department: ep~}t~~,~ ~tbl~~ ~~,,f02210~f 18. Ordinance No. ® 135 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: ~~r~ Meridian City Council Meeting Agenda -April 15, 2008 Page 6 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~IXAA~f~UcS~'f~' ~~~C IvD#1fR, I IA is ~`~ ~~ ~' CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, April 15, 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 Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Pledge of Allegiance: Boy Scout Troop # 461 3. Community Invocation by Pastor Ken Redford with Meridian Friends Church: 4. Adoption of the Agenda: 5. Consent Agenda: A. Approve Minutes of January 7, 2008 City Council Special /Joint Workshop Meeting: B. Approve Minutes of March 4, 2008 City Council Regular Meeting: C. Approve Minutes of March 11, 2008 City Council Special Workshop Meeting: D. Approve Minutes of March 18, 2008 City Council Special Meeting: E. Approve Minutes of March 24, 2008 City Council Special Meeting: Meridian City Council Meeting Agenda -April 15, 2008 Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • • F. Findings of Fact and Conclusions of Law or Approval: I2Z 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: G. Findings of Fact and Conclusions of Law for Approval: 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: H. Findings of Fact and Conclusions of Law for Approval: 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: I. Findings of Fact and Conclusions of Law for Approval: AZ 08- 002 Request for Annexation and Zoning of 3 acres from RUT to an R-15 (Medium High Density Residential) zone for Villas t(~ Lochsa Falls by D.T. Campbell Investments - 5555 North Linder Road: J. Findings of Fact and Conclusions of Law for Approval: 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: K. Findings of Fact and Conclusions of Law for Approval: 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 r~ Lochsa Falls by D.T. Campbell Investments - 5555 North Linder Road: L. Water Main Easement Agreement for Famous Dave's BBQ by Idaho Dave's BBQ, Inc.: M. Water Main Easement Agreement for Idaho Pulmonary by Aspen Grove Development: N. Sanitary Sewer and Water Main Easement Agreement for Paramount Commercial by Ustick Marketplace, LLC: Meridian City Council Meeting Agenda -April 15, 2008 Page 2 of 6 All materials presented at public meetings shall become properly 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. • ii O. Sanitary Sewer and Water Main Easement Agreement for Pinebridge by DMB Investments, LLC: P. Sanitary Sewer and Water Main Easement Agreement for Devon Park No. 3 by Fairview Lakes, LLC: Q. Chance Order No. 1 for the Black Cat Trunk Sewer Phase 4 Schedule B&C (Construction) with Knife River for $12,021.08: R. Change Order No. 2 of Contract with Treasure Valley Drilling for Construction of Well 27 for Additional Well Development, Test Pumping and Mud-Weighting Material for $27,000: S. Task Order 0732a with Civil Survey Consultants, Inc. for Well 14 Pump Replacement Design fora Cost Not to Exceed $8,500.00: T. Task Order 0726a for Water Division Facility Phase 2 (Design) with Civil Survey Consultants for $2,420.00: U. South Area Lift Station and Pipeline Project Amendment No. 4 with CH2M HILL for $86,000: V. Pressurized Irrigation Memorandum_ _ __ of Agreement with Brighton Corporation for Paramount Commercial Southwest Subdivision No. 1: W. Economic Development Coordinator Agreement between the City of Meridian and Virtus Enterprises, LLC: X. Award Bid for Grant for Sr. Citizen Center Phase 2 ICDBG-04- III-01-SR for Window Replacement with Western Siding for $4,620.00: Y. Ratification of Bid Awards Approved on April 8, 2008 with Petra for the New City Hall Plaza: Z. Approve Beer, Wine and Liauor License Renewals: Carrabbas 3285 E. Pine Ave. Beer & Liquor Super Pollo 2031 E. Fairview Ave. Beer New Frontier 116 E. Broadway Ave. Beer ~ Liquor Fiesta Guadalajara 704 E. Fairview Ave. Beer 8ti Liquor Pizza Hut #2165 675 S. Progress Beer Meridian City Council Meeting Agenda -April 15, 2008 Page 3 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Pizza Hut #2166 1752 W. Cherry Ln. Beer Baja Fresh 1440 N. Eagle Rd. Beer Harvest Buffet 48 E. Fairview Ave. Beer & Wine Ustick Chevron 770 W. Ustick Ave. Beer 8~ Wine Fred Meyer 1850 E. Fairview Ave. Beer & Wine Round Table 499 Main St. Beer 8~ Wine Health Nuts 1756 W. Cherry Ln. Beer & Wine Tobacco Conn. 450 S. Meridian Rd. Beer 8: Wine Chicago Conn. 1629 N. Main St. Beer & Wine Chicago Conn. 1935 S. Eagle Rd. Beer & Wine Siam Thai 2951 E. Overland Rd. Beer & Wine Quick Stuff 3010 Goldstone Dr. Beer 8~ Wine Strikers 324 S. Meridian Rd. Beer & Liquor Busted Shovel 704 N. Main St. Beer ~ Liquor Goodwood 1140 N. Eagle Rd. Beer ~ Liquor JB's 1565 S. Meridian Rd. Beer 8~ Liquor Idaho Steakhouse 3560 N. Eagle Rd. Beer $ Liquor Texas Roadhouse 3801 E. Fairview Ave. Beer & Liquor Epi's 1115 N. Main St. Beer 8~ Wine Wingers 1701 E. Fairview Ave. Beer & Wine Divine Wine 2310 E. Overland Rd. Beer & Wine 127 Club 127 E. Idaho Ave. Beer & Liquor St. Lukes 520 S. Eagle Rd. Beer $ Wine Cafe Indigo 1789 S. Eagle Rd. Beer & Liquor 6. AA. Budget Amendment for IT for Network Infrastructure for the New City Hall: Department Reports A. Legal Department 1. Precious Metal Dealers License: 2. SWAC Committee Member Changes: a. Add New Billing Manager 3. SWAC Recommendation for Recvclina Projects: a. Sawtooth Middle School for Reader Board for $17,000.00 b. Heritage Middle School for Bleachers for $6,000.00 Meridian City Council Meeting Agenda -April 15, 2008 Page 4 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • c. Meridian 1(outh Baseball Complex for Bleachers for $15,000.00 d. Ponderosa Elementary School for Gazebo for $6,000.00 B. Mayor's Office 1. Discussion of Heritage Ball Fields: 2. Meridian Arts Commission Update: 7. Items Moved from Consent Agenda: 8. MFP 08-001 Request for Modification of the 6-foot vinyl perimeter fencing approved with the Final Plat landscaping plan for Cardiuan Bay Subdivision (FP 06-040) by Liberty Associates, LLC -north of East McMillan Road, south of East Chinden Boulevard and west of North Locust Grove Road: 9. MFP 08-002 Request to Modify Final Plat (FP 07-028) from the approved landscape plan to eliminate trees from drainage swales in the center islands of the roadway and near the detention pond in response to ACHD requirements. Additional trees will be placed within the common area along W. Ustick Road and one tree planted on each individual residential lot (home builder responsibility) for Southwick Subdivision by Gemstar Properties, LLC -1255 West Ustick Road: 10. VAC OS-002 Request to Vacate the existing right-of-way of Nola Road for Nola Road Vacation by Doug Tamura -north of Lanark Street and east of Locust Grove Road: 11. Public Hearing: AZ 07-016 Request for Annexation and Zoning of 224.29 acres from RR to R-2 zone (45.14 acres) and R-8 zone (179.16 acres) for Castle Rock by Providence Development Group, LLC -south of East Amity Road and west of South Eagle Road: 12. Public Hearing: PP 07-020 Request for Preliminary Plat approval consisting of 794 residential building lots and 86 common /other lots on 181.11 acres in proposed R-2 and R-8 zones for Castle Rock by Providence Development Group, LLC -south of East Amity Road and west of South Eagle Road: 13. Public Hearing: PUD 07-001 Request for approval of a Planned Unit Development for deviations from district requirements to provide an opportunity for exemplary site development for Castle Rock by Meridian City Council Meeting Agenda -April 15, 2008 Page 5 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • Providence Development Group, LLC -south of East Amity Road and west of South Eagle Road: 14. Public Hearing: TE 08-003 Request for approval of an 18-month Time Extension to obtain the City Engineer's signature on the Final Plat and commence the use in accordance with the conditions of approval of AZ 05-016, PP 05-023, CUP 05-024, FP 06-011, PS 07-003 and TE 07-004 for Umbria Subdivision (aka Silver Oaks) by Ten Mile Development, LLC -north side of West Franklin Road, approximately '/ mile west of North Ten Mile Road: 15. Continued Public Hearing from April 1, 2008: Outdoor Sales and Temporary Use Permit Ordinance: 16. Ordinance No. 08-1354 Outdoor Sales and Temporary Use Permit Ordinance (3rd Reading): 17. Public Hearing: ZOA 07-002 Request for a Zoning Ordinance Amendment to amend the current provisions in Chapter 3, Article E (Temporary Use Requirements) of the UDC (Title 11) and the definition of Temporary Use found in Chapter 1, Article A for Temporary Use UDC Text Amendment by the Meridian City Planning Department: 18. Ordinance No. 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 15, 2008 Page 6 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. DatelTime 04-11-2008 04:33:34 p.m, Transmit FleaderTent City of Meridian Idaivo Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 This document :Failed (reduced sample and details below) Document size : 8.5 "x11 " p~~e ~o~ ~vr ~~~C Nrx~`c~. h5ayor Tammyde t~dae-d Kehh Slyd Joe 8crton ~~ ~ ~ Ckarles Rountree Oavid Zaremba NQTICE OF PRE-COUNCIL li6EETiNG MERIDIAN CITY COUNCIL NOTICE !S HEREBY GNEN that the City Courral of the City of Aeridian wil! hold aPre-Co~u-al Mesiirtg in the C+ty Counal Chambers, Meridian City Hail, 33 East Idaho Avenue, Meridian, Idaho, on Tuesday, April 15, 2t~8 at 6:30 P.AA. Tha Meridian City Council will be discussing the following agenda items: PrrbltC Works Elepar6ltent Report The public is welcome fo attend the meeting. ..,~s~~~„~, DATED this 11th day of April, 2008 ~~.~•~°t OF ~~AI~ JAYC IiOLMAN - C1TY CLE ~' 4q~~~'rr41j~ __ _ _ ~p~`````` Metidfan Cfly F're-CauneEl M~i(»g/~da -Apr®18, 2006 Page 1 ~ 1 AU materMFs preseraed ffi pub>+aa meetFngs shell 1rte property ~fhe Ctlq or Merldtan ~Y~ 9 eocorranedaNOn for d~ebii6les reMCsd m docta+~ts andrar hearittge, please carat fire Cdy Cterke once et 6e6-4a33 at Mast qs houre ~rclorLO the pt~ic meel+na Total Pages Scanned : 8 Tetal Pangs fnnfirmu~l • 1 ei1 No. 001 Job 957 Remote Station 3810160 Start Tlme 03:31:26 p.m.04-11-2008 Duration 00:07:52 Pages 8/8 Line 1 Mode EC Job Type HS Results CP9600 002 957 8989551 03:31:26 p.m.04-11-2008 00:02:06 818 1 EC HS CP19200 003 957 2088848723 03:31:26 p.m.04-11-2008 00:01:37 8!8 1 EC HS CP28800 004 957 8886854 03:37:26 p.m.04-11-2008 00:01:42 8/8 1 EC HS CP31200 005 957 2088985501 03:31:26 p.m.04-11-2008 00:02:24 818 1 EC HS CP31200 006 957 8467366 03:31:26 p.m.04-11-2008 00:01:38 8/8 1 EC HS CP28800 007 957 8950390 03:31:26 p.m.04-11-2008 Q0:00:43 818 NiA EC HS CP ~ ~I~~~~~I+~~~~~C ~~~~~iIP~ DatelTtlme 04-11-2008 LocaIID 1 2088884218 LocaIID 2 04;33:49 p.m. Transmit h1eaderText City of Meridian Idaivo Locai Name 1 Line 1 Local Name 2 Lfne 2 No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 008 957 208 888 2682 03:31:26 p.m.04-11-2008 00:01:32 818 1 EC HS CP33600 009 957 208 387 6393 03:31:26 p.m.04-11-2008 00:01:29 8/8 NIA EC HS CP 010 957 287 7909 03:31:26 p.m.04-11-2008 00:01:36 818 1 EC HS CP31200 011 957 8885052 03:31:26 p.m.04-11-2008 00:01:34 6/8 1 EC HS CP31200 012 957 8881983 03:31:26 p.m.04-11-2008 00:01:43 818 1 EC HS CP26400 013 . 957 2083776449 03:31:26 p.m.04-11-2008 00:03:07 8/8 1 EC HS CP14400 014 957 4679562 03:31:26 p.m.04-11-2008 00:01:37 818 1 EC HS CP28800 015 957 8886700 03:31:26 p.m.04-11-2008 00:00:00 0/8 1 -- HS FA 016 957 8884022 03:31:26 p.m.04-11-2008 00:05:33 818 1 EC HS CP14400 017 957 3886924 03:31:26 p.m.04-11-2008 Q0:02:58 818 1 EC HS CP14400 018 957 8841159 03:31:26 p.m.04-11-2008 00:01:38 8/8 1 EC HS CP28800 019 957 8840744 03:31:26 p.m.04-11-2008 00:01:39 8J8 1 EC HS CP28800 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 WS: Waiting send MS: Mailbox save FA: Fail RP: Report EC: Error Correct Meridian City Council Meeting April 15, 2008 A meeting of the Meridian City Council was called to order at 7:15 p.m., Tuesday, April 15, 2008, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, Joe Borton, and David Zaremba. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Jeff Lavey, Joe Silva, Tom Bany, Clint Dolsby, Mark Niemeyer, Steve Siddoway and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Borton Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. Okay. I will go ahead and start tonight's meeting. Sony for the late start. We were having technology issues. So, we appreciate you all being here with us. It is, for the record, Tuesday, April 15th. It's 7:15. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: Boy Scout Troop #461: De Weerd: Item No. 2. I'd like to welcome two of our Boy Scout troops. We do have Troop 129 here with us. Their leader is Mike Walls and they are sponsored by the Ward -- 3rd Ward -- Meridian 3rd Ward of the Church of Jesus Christ, LDS, and tonight we will be led in the pledge by Boy Scout Troop No. 461. They are led by leader Mike Campbell and they are sponsored by the LDS church Lochsa Falls Ward. They are working on their citizenship for community merit badge. If you will all rise and join them in the pledge. (Pledge of allegiance recited.) De Weerd: We do have pencils for the Boy Scouts and their leaders that our City Clerk will hand out to you. So, again, thank you for joining us. We appreciate you being here. And good luck on your merit badges. Item 3: Community Invocation by Pastor Ken Redford with Meridian Friends Church: De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Ken Redford. He is with the Meridian Friends Church. We go through a rotation of Meridian City Council • April 15, 2008 Page 2 of 81 different churches in our community. We appreciate this kind of start to our City Council meetings. Pastor Redford, thank you for joining us. Redford: Shall we pray. Most Holy God, tonight we want to begin by pausing our attention and our thoughts before you. We want to recognize the many blessings that you have given to us being part of this great country and citizens of this community. We thank you, Lord, for your goodness in every way. On a day like April 15th, we are reminded of our responsibility to our government and, Lord, we recognize that with blessing come responsibility. We thank you for each person here, for public servants, for their willingness to serve this city in this way. As decisions are reached tonight, we would ask that you would impress on each mind and each part a concern for fairness and goodness and unity. You alone are perfect in wisdom and truth and so we pause before you to ask your blessing. Amen. Item 4: Adoption of the Agenda: De Weerd: Thank you so much for being here with us. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the agenda tonight on the Consent Agenda it's been asked to take 5-X and table that to the 22nd of April 2008. And also Item 9 on the regular agenda has been asked to be continued to 4/22/08. And also under the Mayor's office, the Meridian Arts Commission update has been asked to be brought on April 22nd, 2008. And with that I move that we -- De Weerd: Mr. Bird? Bird: Yes. Oh, I -- De Weerd: Dr. Clark couldn't join us tonight, so we'd like Item 6-B-1 also moved to the -- Bird: The Mayor's complete office report be tabled until 4/28 or 4/22? De Weerd: Uh-huh. Bird: And we got one ordinance. Eighteen. Which would be 08-1355. With that I move we approve the revised agenda. Rountree: Second. Meridian City Council April 15, 2008 Page 3 of 81 De Weerd: Okay. I have a motion and a second to approve the agenda as revised. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of January 7, 2008 City Council Special /Joint Workshop Meeting: B. Approve Minutes of March 4, 2008 City Council Regular Meeting: C. Approve Minutes of March 11, 2008 City Council Special Workshop Meeting: D. Approve Minutes of March 18, 2008 City Council Special Meeting: E. Approve Minutes of March 24, 2008 City Council Special Meeting: F. Findings of Fact and Conclusions of Law or Approval: 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: G. Findings of Fact and Conclusions of Law for Approval: 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: H. Findings of Fact and Conclusions of Law for Approval: 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: I. Findings of Fact and Conclusions of Law for Approval: AZ 08- 002 Request for Annexation and Zoning of 3 acres from RUT to an R-15 (Medium High Density Residential) zone for Villas Ca)_ Lochsa Falls by D.T. Campbell Investments - 5555 North Linder Road: J. Findings of Fact and Conclusions of Law for Approval: PP 08- 002 Request for a Preliminary Plat approval with 1 residential Meridian City Council April 15, 2008 Page 4 of 81 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: K. Findings of Fact and Conclusions of Law for Approval: CUP OS-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 ~ Lochsa Falls by D.T. Campbell Investments - 5555 North Linder Road: L. Water Main Easement Aareement for Famous Dave's BBQ by Idaho Dave's BBQ, Inc.: M. Water Main Easement Aareement for Idaho Pulmonary by Aspen Grove Development: N. Sanitary Sewer and Water Main Easement Agreement .for Paramount Commercial by Ustick Marketplace, LLC: O. Sanitary Sewer and Water Main Easement Aareement for Pinebridge by DMB Investments, LLC: P. Sanitary Sewer and Water Main Easement Agreement for Devon Park No. 3 by Fairview Lakes, LLC: Q. Chanae Order No. 1 for the Black Cat Trunk Sewer Phase 4 Schedule B&C (Construction) with Knife River for $12,021.08: R. Chanae Order No. 2 of Contract with Treasure Valley Drilling for Construction of Well 27 for Additional Well Development, Test Pumping and Mud-Weighting Material for $27,000: S. Task Order 0732a with Civil Survey Consultants, Inc. for Well 14 Pump Replacement Design fora Cost Not to Exceed $8,500.00: T. Task Order 0726a for Water Division Facility Phase 2 (Design) with Civil Survey Consultants for $2,420.00: U. South Area Lift Station and Pipeline Project Amendment No. 4 with CH2M HILL for $86,000: V. Pressurized Irrigation Memorandum of Aareement with Brighton Corporation for Paramount Commercial Southwest Subdivision No. 1: Meridian City Council April 15, 2008 Page 5 of 81 W. Economic Development Coordinator Agreement between the Citv of Meridian and Virtus.Enterprises, LLC: X. Award Bid for Grant for Sr. Citizen Center Phase 2 ICDBG-04- III-01-SR for Window Replacement with Western Siding for $4,620.00: Y. Ratification of Bid Awards Approved on April 8, 2008 with Petra for the New City Hall Plaza: Z. Approve Beer, Wine and Liquor License Renewals: Carrabbas 3285 E. Pine Ave. Beer ~ Liquor Super Pollo 2031 E. Fairview Ave. Beer New Frontier 116 E. Broadway Ave. Beer & Liquor Fiesta Guadalajara 704 E. Fairview Ave. Beer Bz Liquor Pizza Hut #2165 675 S. Progress Beer Pizza Hut #2166 1752 W. Cherry Ln. Beer Baja Fresh 1440 N. Eagle Rd. Beer Harvest Buffet 48 E. Fairview Ave. Beer & Wine Ustick Chevron 770 W. Ustick Ave. Beer & Wine Fred Meyer 1850 E. Fairview Ave. Beer 8z Wine Round Table 499 Main St. Beer ~ Wine Health Nuts 1756 W. Cherry Ln. Beer 8~ Wine Tobacco Conn. 450 S. Meridian Rd. Beer ~ Wine Chicago Conn. 1629 N. Main St. Beer 81 Wine Chicago Conn. 1935 S. Eagle Rd. Beer & Wine Siam Thai 2951 E. Overland Rd. Beer 8~ Wine Quick Stuff 3010 Goldstone Dr. Beer 8< Wine Strikers 324 S. Meridian Rd. Beer 8< Liquor Busted Shovel 704 N. Main St. Beer ~ Liquor Goodwood 1140 N. Eagle Rd. Beer $ Liquor JB's 1565 S. Meridian Rd. Beer ~ Liquor Idaho Steakhous e 3560 N. Eagle Rd. Beer ~ Liquor Texas Roadhous e 3801 E. Fairview Ave. Beer ~ Liquor Epi's 1115 N. Main St. Beer $ Wine Wingers 1701 E. Fairview Ave. Beer $ Wine Divine Wine 2310 E. Overland Rd. Beer & Wine 127 Club 127 E. Idaho Ave. Beer 8~ Liquor St. Lukes 520 S. Eagle Rd. Beer 8~ Wine Cafe Indigo 1789 S. Eagle Rd. Beer ~ Liquor AA. Budget Amendment for IT for Network Infrastructure for the New City Hall: Meridian City Council April 15, 2008 Page 6 of 81 De Weerd: Okay. Item 5 is the Consent Agenda and, Council, I would note that on Item Z on the beer, wine, and liquor license approvals, these have been reviewed and approved by Deputy Chief Joe Silva. Bird: And all the proper paperwork is done? Okay. Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, as I noted earlier, Item 5-X has been asked to be tabled to the 22nd of April 2008. And with that I move that we approve all the rest of the Consent Agenda and for the Mayor to sign and the Clerk to attest on all papers. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as amended. Any discussion? Seeing none, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports A. Legal Department 1. Precious Metal Dealers License: De Weerd: Okay. Item 6, under Department Reports, I will turn this over to Mr. Nary with the legal department. Nary: Thank you, Madam Mayor. Madam Mayor, Members of the Council, I have a couple of different things for you and I will try to be quick, since there is a full house tonight. The first item, Madam Mayor, Members of the Council, is just a short discussion item regarding precious metal dealers' license. The City Clerk's Office had contacted me the other day, we had a person that came in to inquire about our requirements for a precious metal dealer and we haven't issued one since 2003, so they were a little curious about the process, because we hadn't had anybody request this before. In my offices review of this ordinance, we believe that most of the concerns that were trying to be addressed in this ordinance are now being addressed in the pawn broker ordinance. If you recall a couple years ago, in conjunction with the police department, we revised our pawn broker ordinance and requirements for licensing and such. This particular ordinance, the way it's currently drafted, addresses -- addresses people that deal in secondhand jewelry, precious metals, and including gold and silver, as well as precious gems. So, the last one that was issued for the Diamond Import Store that's up on Main Street was the last one we issued, but yet we have never actually required that a license be issued for Lee Reed Jewelers or Fred Meyer, even Meridian City Council ~ • April 15, 2008 Page 7 of 81 though it may apply to this type of thing. What I'd like to do with your direction is get with the police. I did mention to Chief Lavey and his cursory review felt we probably had covered our concerns in the pawn broker license of what this is trying to address. He asked that I contact both Lieutenant Overton with our community services division, as well as lieutenant Basterrechea with CID, just to make sure we don't have any other gaps that exist that we have a concern with, so we may be bringing this back to you in two to three weeks requesting we repeal it, because we feel it's adequately covered, but I wanted to give you a heads up and if you have had a concern with that, obviously, to take your direction on that particular issue. Is there any other questions about that item? Bird: I have none. Rountree: No. Madam Mayor? De Weerd: Yes. Rountree: Anytime we have an opportunity to repeal a regulation I'm for it. Especially on April 15th. 2. SWAC Committee Member Changes: a. Add New Billing Manager 3. SWAC Recommendation for Recvclina Projects: a. Sawtooth Middle School for Reader Board for $17,000.00 b. Heritage Middle School for Bleachers for $6,000.00 c. Meridian Youth Baseball Complex for Bleachers for $15,000.00 d. Ponderosa Elementary School for Gazebo for $6,000.00 Nary: Your position is noted. Thank you. Councilman Rountree. The next item is the Solid Waste Advisory Committee. With the change in the utility billing department, we have a new utility building manager who started work yesterday, Shelly Gallagher. She -- the utility billing manager has been a regular member of this city committee, I believe since its inception. So, we would ask your permission to include Mrs. Gallagher on the committee. Ms. Holman, in her transition to City Clerk, has stayed on the committee in the interim to provide that continuity, but I think she probably has better things to do than attend another meeting and in our discussion with Mayor de Weerd the other day, we really would like to take back to the next committee meeting I guess an opportunity for discussion amongst the committee members to get more citizen involvement. We currently have two private citizens that are involved in the committee, that's Chair Nancy Meridian City Council ~ • Apri115,2008 Page S of 81 Mann, who has been the chair I think since its inception, and Josh Moss, who actually came to the committee as a volunteer. He was working here in the community. He actually began a recycling program at his former work. He has started a recycling program at his new employment and he is very actively interested in recycling. In this community and for a lot of the folks in the audience that may not know what the solid waste advisory committee is, the committee was set up by you as the Council and the Mayor back in -- I think our -- I think as far back as we could find was either'98 or 2000, and Councilmen Rountree may recall, but somewhere in that -- Rountree: I think it was '98. De Weerd: Yeah. So, 1998. And the purpose of the committee originally was to just deal primarily with the recycling funds, all recycling funds that are collected within the city from residential and now the commercial recycling, all the money after the expenses of the program are covered from that cost, all of that goes into a fund that is given back to the city for community projects. We budget out through the finance department annually in your budget process. This current fiscal year we have 55,000 dollars budgeted in that fund for community projects and, actually, in last year's calendar year, I believe Mr. Sedlacek reported to the solid waste committee that they actually had forwarded 100,000 dollars to the city last year. So, over and above what the city already budgets for, they have actually been able to do that through the efforts of the citizens in our community. All of these four projects that are on your agenda tonight were recommended by the Solid Waste Advisory Committee for funding by -- out of this fund and I can maybe just take a brief moment to explain each one of them. The first one, item A, Sawtooth Middle School reader board, is an exciting new and different opportunity than we have had before for recycling effort. Sawtooth Middle School has come and, actually, the principal had spoke to me on a number of occasions and one of things they were looking for was a community partnership of this type. What the principal had said was for a school, if they want to go out and get an item like this, they generally have to go through parent teacher associations, which is what they have done here, to raise up half of the money and that's one of the requirements of this program, is that half the money or half the cost of the project has to be funded from the applicant or through some other source. But what he stated was for a school, many times they can fund these types of projects through some local vendor, like Pepsi Cola or Coke Cola and those kind of things and what he felt was that that was not the right message to the kids. And Sawtooth Middle School Is located on Linder Road, it's a very visible location, and he felt that it was a better opportunity if they could partner with the city, that they could promote recycling, both through the construction of the sign, which is a general requirement of the committee is that the project that's actually constructed, that at least as much as possible was constructed out of recycled material. The -- but, secondarily, that they could provide better information both on the sign and on the reader board message to people to promote recycling efforts, so they could really, truly, make it a community reader board and a community of some community value. The committee felt because of the visibility of Sawtooth on Linder and the busyness of that record, and especially with Rocky Mountain High School going in and opening in the fall, that that was a great opportunity to promote recycling in a different manner than we have ever Meridian City Council ~ • April 15, 2008 Page 9 of 81 had an opportunity before. So, that was the reason the committee was in favor of that, but the up to 17,000, which is the -- in your documents was because that's the estimated cost of half of the sign. Obviously, it may be a little bit less, but that was the max that the committee recommended. The bleachers for Heritage Middle School and for the Meridian Youth Baseball Complex were requests from the parks department. Both of these facilities are in desperate need of bleachers. The parks department has limited funds to provide bleachers for either of these sites. The Meridian Youth Baseball was able to raise 15 - or committed to raising 15 thousand dollars for atotal -- they believe it's going to end up being 42,000 dollars worth of bleachers that are necessary for the youth baseball complex. They have raised or committed to raising 15,000 by this summer to get these bleachers installed. The solid waste committee felt that was a worthy project, along with Heritage to be able to commit the half of those monies that are dedicated to that. Mr. Siddoway did indicate he may be either looking for additional sources or may come back for a second application for the remaining bleachers for the baseball complexes if other sources can't be found, but he would leave that to another day. But the committee felt these were worthy. We have funded these. It had been about four years since the city had actually funded a park project. Normally, the projects have other sources or other requests and it had been a number of years since a park project had actually been funded, so the commission felt that was appropriate. The last one, Ponderosa Elementary, the solid waste committee had provided benches along -- they have a walking path at Ponderosa and if any of you have ever been there, they have ahuge -- they have a huge program for walking and running for kids that they do actually during the school year and they have a large running -- running and walking path on the school grounds. The solid waste committee had helped fund through the parent-teachers association benches along that pathway. Probably for the teachers and parents that walk with the kids. I have never seen the kids sit down while they were walking when I have been out there, but I think it's the parents that sometimes do. They asked for a gazebo, again, to promote recycling. It will have information on it how it was provided. We felt it would be a nice amenity to that site and, again, the committee felt that was a worthy cause to want to do that. So, all of those are on there for your approval and if you have any other questions I hope I can answer them for you.. De Weerd: Council, any questions? Bird: I have none Rountree: I have none. De Weerd: Thank you, Bill. And the -- just a point of information on the Meridian youth baseball complex. The bleachers that they have are really not appropriate for that new park. They are rather dangerous and so this was a nice way to bring those up to safety standards and I appreciate the committee bringing that back. Okay. Council, we are seeking your direction and approval on the recommendations by our SWAC. Rountree: Madam Mayor? Meridian City Council ~ • April 15, 2008 Page 10 of 81 De Weerd: Mr. Rountree. Rountree: I move that we approve the recommendations of the four recycled projects brought for this by SWAC. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the recommendation by the SWAC as presented tonight. Any discussion? Madam Clerk, will you, please, call roll Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. B. Mayor's Office 1. Discussion of Heritage Ball Fields: 2. Meridian Arts Commission Update: Item 7: Items Moved from Consent Agenda: De Weerd: Thank you, Mr. Nary. There were no items moved from the Consent Agenda. Item 8: MFP 08-001 Request for Modification of the 6-foot vinyl perimeter fencing approved with the Final Plat landscaping plan for Cardigan Bay Subdivision (FP 06-040) by Liberty Associates, LLC -north of East McMillan Road, south of East Chinden Boulevard and west of North Locust Grove Road: De Weerd: So, we will move to Item 8, MFP 08-001. I will note that we did have a letter from the applicant. However, there is an outstanding issue on the fencing. Did staff agree with that? Canning: Madam Mayor, Members of the Council, I just put under the outstanding issues what the applicant was requesting a change to -- it's not really an outstanding issue. This is good to go, if Council agrees with the proposed change. De Weerd: So, staff did agree with that? Canning: Yes. De Weerd: Okay. Council? Meridian City Council • • April 15, 2008 Page 11 of 81 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Anna, can you give me just a skosh more background on the chain link fence and how that's not problematic? Canning: Madam Mayor, Members of the Council, Councilmen Borton, the approved sign -- or the approved landscape plans for the final plat show vinyl fencing along the perimeter, so it would be everywhere in red. The -- the property boundary on the north, the vinyl fence was put in by Madilyn Estates and on the south it was put in by another subdivision that's called out in this yellow triangle that for some reason is not showing up. And, then, there is an existing chain link fence along the east boundary in back of the -- it was installed by the LDS church there. So, all they are asking is not to put up duplicate fences everywhere. They are all existing fences in these red areas. That is the requested modification to the final plat. Borton: Okay. De Weerd: Any additional questions from Council? Bird: I have none. De Weerd: Is the applicant here this evening? Okay. Any comments? No. Rountree: I have none. De Weerd: Okay. Council, do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we approve Item 8, MFP 0-8001. Borton: Second. De Weerd: Okay. I have a motion and a second to approve Item 8. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 9: MFP 08-002 Request to Modify Final Plat (FP 07-028) from the approved landscape plan to eliminate trees from drainage swales in the center Meridian City Council • April 15, 2008 Page 12 of 81 islands of the roadway and near the detention pond in response to ACHD requirements. Additional trees will be placed within the common area along W. Ustick Road and one tree planted on each individual residential lot (home builder responsibility) for Southwick Subdivision by Gemstar Properties, LLC -1255 West Ustick Road: De Weerd: Okay. Item 9 was requested to continue to April 22nd. Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we table Item 9 until April 22nd. Bird: Second. Rountree: I have a motion and a second to continue Item 9 to 4/22. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 10: VAC 08-002 Request to Vacate the existing right-of--way of Nola Road for Nola Road Vacation by Doug Tamura -north of Lanark Street and east of Locust Grove Road: De Weerd: Okay. Item 10 is VAC 08-002. And staff. Canning: Madam Mayor, Members of the Council, this is a vacation for Nola Road. It's the portion of Nola Road just south of the railroad tracks. I just realized at this moment that I don't have a graphic up there for you, so I apologize. I can pull up the staff report if you would like me to. But it's the short segment from Lanark going up to the railroad where they have relocated -- they have taken away the access across the railroad and relocated it to Locust Grove. So, the right of way is no longer needed. So, the adjoining properties are asking that it be vacated. We have all the necessary relinquishments. There are two conditions of approval noted in your staff report. One is with regard to emergency access for the fire trucks and the other one is with regard to easements. Now, you're not the approving authority on this vacation. Ada County Highway District would be the approval body. So, the only thing we ask is that if you do decide to recommend approval of this vacation, that you ask that ACHD incorporate the two conditions noted in the staff report in the letter that you send to them. De Weerd: Thank you, Anna. Any questions for Mrs. Canning? Rountree: I have none. De Weerd: Okay. Do you have comment? No? Yes? Meridian City Council ~ • April 15, 2008 Page 13 of 81 Tamura: Mayor, Members of the Council, my name is Doug Tamura. My office is at 112 Port Santa Maria in Boise. And we are the applicant. The reason we are requesting this vacation is our neighbor to the east of Nola came to us and he had done an addition and the highway district had put conditions on him to do some street improvements along Nola and those are believed that it would be in the best interest of the highway district to go ahead and vacate it, so we jointly requested to the highway district. And in regards to the emergency vehicle access, I met with -- with the City of Meridian's fire department Joe Silva and discussed options. So, we have kind of three alternatives. One is the parking lot to the west, it's kind of the northwest comer, is large enough to provide a hammer head tumaround. The other thing is during there daily operations the gates are open, so it provides a full access around the building. And, then, in the future we believe real strongly on shared joint access, so depending on development of what we do with our property to the west, we don't have a problem of providing the joint access, you know, through our parking lot, and particularly since we are going to have to provide utilities for the sewer and water lines that are in Nola anyway, so it probably would make sense, but until we get to that point we know we can't do that. So, the other things as far as the easements, we will work with Public Works on providing 20 foot access easements. I mean 20 foot utility easements for the utilities. But we will get that put together before we make our application before the highway district. De Weerd: Thank you, Doug. Any questions for the applicant? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Our staff comment with respect to emergency vehicles was to provide a vehicle tumaround and you're suggesting that you would provide for emergency vehicle and not necessarily a tumaround? Tamura: The -- when I met with Mr. Silva, the concern was -- is that parking lot in the northwest comer of the existing building and I went out and measured it and it qualifies for a hammer head tumaround within that existing parking lot. Rountree: Okay. Tamura: So -- Rountree: So, you're not opposed to providing that? Tamura: No. Meridian City Council April 15, 2008 Page 14 of 81 Rountree: Okay. Tamura: Yeah. I met with Zeke Johnson, the owner of the property, and he's fine with that, too. Rountree: Okay. De Weerd: Is that Record Steel? Is that Record Steel? Rountree: Record Steel? Yeah. De Weerd: Okay. Rountree: I don't have anymore questions. De Weerd: Anything further, Council? Tamura: Thank you. De Weerd: Thank you. Okay. Council, any further information needed on this item? Bird: I need none. Rountree: I don't need anything. Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we forward a letter of recommendation to Ada County Highway District indicating the agreed to accommodations for emergency vehicles and that provisions need to be made for utility easements. Bird: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Mr. Nary, do we need a roll call on this? Nary: Madam Mayor, Members of the Council, it provably would be better. De Weerd: Okay. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: AZ 07-016 Request for Annexation and Zoning of 224.29 acres from RR to R-2 zone (45.14 acres) and R-8 zone (179.16 Meridian City Council • • April 15, 2008 Page 15 of 81 acres) for Castle Rock by Providence Development Group, LLC -south of East Amity Road and west of South Eagle Road: Item 12: Public Hearing: PP 07-020 Request for Preliminary Plat approval consisting of 794 residential building lots and 86 common /other lots on 181.11 acres in proposed R-2 and R-8 zones for Castle Rock by Providence Development Group, LLC -south of East Amity Road and west of South Eagle Road: Item 13: Public Hearing: PUD 07-001 Request for approval of a Planned Unit Development for deviations from district requirements to provide an opportunity for exemplary site development for Castle Rock by Providence Development Group, LLC -south of East Amity Road and west of South Eagle Road: De Weerd: Okay. Item 11, 12 and 13 are public hearings on AZ 07-016, PP 07-020, and PUD 07-001. I will open these three public hearings with staff comments. Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, our stenographer tonight was going to be delayed because he had to cover a deposition and I don't know if he told Mrs. Holman, specifically a time or just a generalized time that he would be here. This is a fairly lengthy hearing that you're going into and I know there is certainly a lot of people, so I don't want us to delay it very long. It's -- I know in the past in the Council's comfort to have that done. Now, Mrs. Holman is recording this both digitally, as well as on tape, so I know we can certainly cover that if necessary, but if you don't mind delaying a few minutes -- I guess if Mrs. Holman has maybe a better idea on specific time Holman: Councilman Rountree, Madam Mayor, Members of the Council, Dean just called me and said that he was going to be I believe in a deposition. He did not know how long it was going to take, but he would be delayed. He didn't expect it to be more than I thought a half hour or up to an hour. But there is no time frame on that. Nary: No. It's certainly up to you, Madam Mayor and Council Members. Again, I know we are recording it in two forms, so we certainly have the means to create the transcribe-able record, which is required, obviously, by statute. So, it's just up to you. I just wanted to point it out. De Weerd: Council, we have a relatively short agenda after this. Would you like to table these four and consider the rest of the items and, then, come back to this? Zaremba: Madam Mayor? Meridian City Council • • April 15, 2008 Page 16 of 81 De Weerd: Yes. Zaremba: I move we continue Items 11, 12 and 13 to after Item 18. Bird: I would second that. De Weerd: Okay. And I do have a motion to put these to the end of our agenda. All those in favor say aye. All ayes. Motion carves. MOTION CARRIED: ALL AYES. Item 14: Public Hearing: TE 08-003 Request for approval of an 18-month Time Extension to obtain the City Engineer's signature on the Final Plat and commence the use in accordance with the conditions of approval of AZ 05-016, PP 05-023, CUP 05-024, FP 06-011, PS 07-003 and TE 07-004 for Umbria Subdivision (aka Silver Oaks) by Ten Mile Development, LLC -north side of West Franklin Road, approximately '/ mile west of North Ten Mile Road: De Weerd: And we know most of you are here tonight for that. We should not be too long in getting through our agenda. Item 14 is a Public Hearing on TE 08-003. I will open this Public Hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Umbria project. It's located at Ten Mile and Franklin just west of the future church site. The applications before you tonight are for a time extension for final plat and a Conditional Use Permit. This is the approved final plat. It's a rather simple plat. And, then, this is the site plan for the Conditional Use Permit. The approved final plat consists of one multi-family residential building lot, one commercial building lot, and one irrigation lot. The approved Conditional Use Permit consists of a planned development for 70 multi-family structures and those were four-plex structures on a single lot with private clubhouse and park and multi-use pathways, zoned R-15. And, then, there is also one commercial lot for a day care or office buildings, zoned L-O. The preliminary plat and the Conditional Use Permits were approved by City Council on October of 2005 and, then, the planning director approved a 12 month time extension for the plat and Conditional Use Permit in March of 2007. As a condition of granting the previous time extension, I required the applicant to comply with four additional conditions of approval based on the current UDC requirements that were not in effect at the time that this project was approved. So, this was approved prior to the re-haul of the zoning ordinance. The final plat was approved by City Council on March 21st of 2006. This time extension will expire on the April -- or did expire on April 11th. They did get the paperwork to us in time. Actually, they got it to us on February 27th. And they are asking for an additional 18 month extension for both the final plat recordation and commencement of the conditional use. The applicant is requesting the time extension, because the developer went bankrupt after the first time extension was approved and the new owner received the property back in foreclosure about two months ago. And the owner needs additional time to find Meridian City Council • • April 15, 2008 Page 17 of 81 a buyer. With all extensions the city may require compliance with current provisions of the UDC as a condition for granting a time extension. The gross residential density of this project is just around ten units per acre. So, staff has recommended approval based on the code. You're going to start seeing a lot of time extensions before you and it is an opportunity to evaluate whether or not you want to approve them. De Weerd: Thank you. Any questions for Mrs. Canning? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: This came through while I was still on the Planning and Zoning Commission and I'm not sure that I ever knew the end result of a discussion that was around here. At the Planning and Zoning Commission I believe we wanted them to require to bond for half of the bridge across this canal. Would you have any recollection whether the City Council required that? Canning: No. And I did not bring a copy of the original permit with me tonight. So, I may be able to pull up -- find the file if I -- given some time, but I can't answer off the top of my head. Zaremba: I know that's a challenge to do that. Canning: It was awhile ago, sir, so I -- Zaremba: Yes, it was. De Weerd: Mr. Rountree. Rountree: Madam Mayor. Question for Anna. At the time of the initial approval were there any -- was there a development agreement and are there any design requirements associated with this particular application? Canning: Madam Mayor, Members of the Council, I do recall that there was four different elevations given to you of the type of product and the Conditional Use Permit was tied to those elevations. Rountree: Okay. Thank you. De Weerd: And, actually, if you recall, those elevations came back a second time after a modification. Bird: That's right. Meridian City Council April 15, 2008 Page 18 of 81 Rountree: That's right. I remember now. De Weerd: So -- if there is no further questions by Council, I would ask if the applicant has comments. Erhart: Madam Mayor and City Council, I'm Milt Erhart and I'm representing as an agent for the developer. De Weerd: Mr. Erhart, will you, please, state your address for the record. Erhart: My address is 9540 West Pebble Brook Lane, Garden City. De Weerd: Thank you. Erhart: All right. Basically, Anna has given you the details. I really can't add much to it. There are a number of potential buyers at this point in time for the development, so I think if the time extension is granted that probably you're going to see this thing coming in for some building permits sometime in the next six months to get this thing moving. So, to my knowledge the -- the owners, who got this property back unsuspectingly, they -- that's the way it happened, basically, they needed -- they need this extension to get the appropriate buyer in the door. De Weerd: Thank you. Any questions for the applicant's representative? Rountree: I have none. Zaremba: Madam Mayor? Bird: I have none. De Weerd: Mr. Zaremba. Zaremba: I would ask you the same question. Are you aware if there is a requirement to --? Erhart: I'm not aware, but I -- I wouldn't think that that would be a major problem. That's not a major expense. Zaremba: Okay. Erhart: But I -- I'm speaking a little out of tum, but I don't see that as a big issue. Zaremba: Thank you. Meridian City Council • • April 15, 2008 Page 19 of 81 Canning: Madam Mayor, Members of the Council, Councilmember Zaremba, there was a DA required and it does say that the applicant shall be responsible for all associated with piping the Kennedy Lateral, unless otherwise specifically waived by Nampa-Meridian. The plat -- I wasn't able to quickly see anything regarding a bridge. So, I don't believe there was a requirement, other than as a requirement to pipe the Kenney Lateral, which would facilitate cross-access across to that other property. Zaremba: And the issue, Madam Mayor -- the issue raised at the Planning and Zoning Commission was the connectivity and whether or not people would have to go back out onto Franklin, which is the arterial that this abuts, in order to gain access to the church, which will be just to the east of this and they have -- the church has considerable property that could be developed into additional things besides the church and interconnectivity with whatever property develops to the west. My recollection is the Planning and Zoning Commission thought that that connection was important and the only way to get it would be for the applicant to bond for half of it. It apparently didn't -- the City Council, apparently, did not make that requirement. I am asking to raise that as an issue again. De Weerd: Mr. Nary, I guess I would ask you in consideration for a time extension, is this something that could be added to the conditions? Nary: Madam Mayor, Members of the Council, I mean for the time -the time extension itself -- the time extension is just for the -- the plat, not for the development agreement. So, you certainly can do that, but I guess I would be more -- I'm more comfortable if you were going to do that, to, then, notice it up for a hearing, so they have an opportunity to come and respond. Until Councilmember Zaremba raised the question it certainly didn't ring a bell with me, but I seem to recall a lengthy discussion and I -and maybe this is just my recollection -- I don't believe anybody has ever come here and offered to pay for half of a bridge, because of the general expense of that and because the other property -- the adjacent property of the triangle there was no development on that parcel, so the logic of where it would be and whether or not that was a reasonable connection at that time, I don't believe they agreed to that. And that's why it's not in the DA. So, besides the time extension, you're going to have to also amend the development agreement if you want to include that and, therefore, you need a Public Hearing. So, I would be hesitant to just grant a time extension and condition something like that without a hearing. De Weerd: Thank you, Mr. Nary. I recall this application, because I wasn't really fond of it and that was one of the reasons, but -- Zaremba: Well, Madam Mayor, my suggestion, in light of what Mr. Nary has said, would be perhaps to deny the time extension, which would mean a new application. De Weerd: I would probably ask the applicant if he has comments and I would imagine he does. Meridian City Council April 15, 2008 Page 20 of 81 Erhart: I do have. Yes, I do, Madam Mayor and City Council. First of all, probably 80 percent of the infrastructure is already in place in this development. You're going to create a lot of havoc if you deny this time extension. Also, as far as the Ten Mile Christian Church is concerned, now I'm not sure of your question there, because they lie adjoining and I'm not aware of any water between those two. In fact, the street adjoins and there is an agreement between the church and the developer to develop the street together that goes in there. So, that's -- that's issue is there. And -- Zaremba: Just on that subject if I may, Madam Mayor. The water is on the other side. Over here. Erhart: Right. Zaremba: The church is to the east. Erhart: Right. Zaremba: And I understand there is a common street or driveway going to be developed, but the -- the issue is on the other side, although these people, when that develops, would need access to this property. Erhart: And -- may I? De Weerd: Yes. Erhart: As you see this development, unlike a lot of developments, virtually all of the curb is in on all of those streets. I would say 80 percent of the curb is in. The sewer is in. The water is in. So, those streets have all of that in at this point in time. So, changing the mix would be very interesting. In fact, I'm not sure -- I think it would jeopardize getting this development done in the near future at all in, my opinion. De Weerd: So, construction has begun, then, on -- Erhart: Oh, yes. There has been probably I would say maybe a million dollars worth of infrastructure is already in out there. At least. De Weerd: Thank you for that clarification. Okay. This is a Public Hearing. Is there anyone from the public who would like to offer testimony on this application? Council any questions? Staff, additional comments? Rountree: I have none. Bird: I have none. Canning: Madam Mayor, Members of the Council, Councilmember Zaremba brought up the -- the interconnectivity issues and I just wanted to show you that just the simplistic Meridian City Council ~ • April 15, 2008 Page 21 of 81 diagram that was done with the Ten Mile plan at this property. This is the property in question. De Weerd: So, that blue line is not the canal, but it's a -- it's a connector? Canning: This -- the canal runs along this property line. De Weerd: Right. Canning: This was a collector road, yes. De Weerd: So, there was a bridge required or a connection to the west over that canal at some point? Canning: This was just the -- the thoughts on providing access to those northern properties as -- as depicted in the Ten Mile plan. It doesn't reflect any prior approvals. De Weerd: But, Anna, I guess in that -- in the plat I would imagine those were private roads, weren't they, or were they? Zaremba: Well -- and, Madam Mayor, that blue line doesn't exist on their plat. De Weerd: Yeah. Canning: I believe this was public. Zaremba: Yes. Canning: From here down to here was public. De Weerd: So, there is an intent that that will connect at some point? If not required in the DA, any additional bonding for that cost? Canning: Not that I could find quickly. De Weerd: I would imagine that cost would be on the adjoining property owner if they desire to develop. Okay. Zaremba: Okay. De Weerd: Any additional questions or comments from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council • • April 15, 2008 Page 22 of 81 Rountree: I think the Ten Mile plan is an indication that since we first saw this not months ago, years ago, things have changed. Granted, there is infrastructure placed, but I assume that that was on the back of the people that lost the property and not the people who got the property back. Is that correct, Mr. Erhart? Erhart: Yes. That would be correct. Rountree: Okay. So, you know, do we stick with it because of that or do we take a look at it -- we have conditions for any time extension, re-platting or extensions, are subject to changes that are recurrent in that period of time. The UDC design requirements now would have the Ten Mile plan in place, which indicates that it would be beneficial to the transportation network out there to have some kind of a comdor in there. I just make that statement now trying to think where I'm going with this application, so that's not a mystery to anybody. De Weerd: Mr. Erhart. Erhart: Well, if I could respond. In meeting with staff, I discussed the possibility of doing patio homes and it was my understanding that the City Council and the Ten Mile plan really wanted much higher density than that.. So, this plan, as I understand it, fulfills what you're wanting out there as far as the urban zoning. So, if you are changing that, that would be a significant change and I think going away from what apparently is your Ten Mile plan, as I see it. This fits the Ten Mile plan, because in approaching them about the possibility of -- if I were to take to over, for instance, of doing the patio homes, there is a question whether that would comply and the other reason why -- you know, the bridge is one thing to have -- have walkway access, but if you're going to have street access, one of the things that people are asking in today's world is security. You know, this subdivision could -- could have a private gate. It could be a very nice upscale subdivision. So, if you're going different than that, then, I would have to ask are you deviating from your Ten Mile plan in the urban corridor that you're looking at? Rountree: I don't remember that in my comments I said anything about density. It's whether or not this plat is consistent with what we envision out there. I don't disagree with you in terms of its density. As far as security, one of the issues on this particular application was, in fact, security and public safety. And being able to get in there and serve that many units with basically one access road and that's still a concern that I have, but that's a few months over the bridge. Anyway, appreciate your comments. Erhart: One comment. I believe there are actually two accesses, one down here and, then, your main one that goes up and all the way through. Thank you. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Meridian City Council • April 15, 2008 Page 23 of 81 Nary: Madam Mayor, I don't know if this is of any help to Members of the Council, but I think Councilmen Rountree raised the exact issue why these time -- why these time conditions exist is because circumstances change, plans change, codes change. This particular project it just happens to be sort of caught in that circumstance where many things have happened in this particular area since this plan and project was approved, Thus, the reason those time extensions are necessary to come back in front of you because of those conditions. I think what Councilmember Rountree said and what Mr. Erhart was trying to address is the piece that is somewhat missing. The analysis hasn't been done as to how it relates to the current plans or the current codes. It really is an extension of what was already granted three or four years ago. That maybe something the Council -- if you want that, that's certainly something you can direct staff to do, but, you know, these situations, as Director Canning has stated, you may see more of these where they have allowed these things to lapse or merely lapse before they come forward and they are three or four years time gap and this one I think has had a prior extension previously. So, there is a fairly long time period that has passed. So -- and I don't think it's unreasonable from the Council's perspective to want to look at all of those circumstances that have come since this was approved. To simply just grant this again -- you know, I don't think where you're going is certainly unreasonable or un-defendable. It's not required. It is a discretionary decision. The fact that those -- those infrastructures are in place is certainly compelling information, but it doesn't mandate that you have to grant the time extension either. De Weerd: Thank you. Okay. Any final comments from the applicant? You are allowed the last word. Erhart: Thank you. The only reason this project is attractive to any developer is the fact that the infrastructure is in and in this economic environment that we are in right now where housing is really up against it, getting that cost point down is the only way you can make the thing work. So, if the owner has to start from square one, my opinion is that that particular corridor is not going to get developed for awhile. Now, I can't say -- you know, I'm one of the individuals bidding on this. If I end up getting it, this is going to be a -- it's going to be a green project and it's going to be as close to is a zero Idaho Power meter as anyone can get. So, really going to go the second and third mile to achieve that which I think could be an absolute boom to the City of Meridian. I can't assure you that at this point in time. A lot has to do with what you decide tonight whether I will even end up being the developer. But that's where I would take this thing as far as a project and it in my opinion could be an exciting project, but, quite candidly, if you tum it down, I know I'm not going to go forward because it raises the cost just too high to -- to change everything around again, so -- De Weerd: But I guess, Mr. Erhart, you -- you raise a question that we were dependant on whoever it is that purchases it and does the right kind of project. And I guess that's what the Council is most likely grappling with is can you maybe make some requirements to come back for Public Hearing on the DA, so that the successful bidder is standing in front of us and talking about the project that he would be -- he or she Meridian City Council • • Apri115,2008 Page 24 of 81 would be recommending to build to be an asset to our community, rather than take the roll of the dice and depend on chance to make sure it's the right person that's doing it? Erhart: Well, that's certainly your prerogative and I might say that the owners of this project have the bank letters of credit in place, the Ada County letter of credit, which I think is 160,000. I think the other two letters of credit are over 500. So, they have complied with all of that to try to keep this project alive. So, financially they have taken all those steps to -- to be in compliance here tonight as we are meeting. But you certainly have the right to require design review to come back before the Council. De Weerd: Any questions for Mr. Erhart? Thank you. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Just sort of cut to the chase. I have got a suggestion and Mr. Nary maybe can tell me if and how we can get there. As it sits right now, I'm not in favor of the extension in -light of everything that's gone on and sensitive of the concerns of this particular property and what's happened with the prior owner. But if there is a means for us to -- to utilize the Public Hearing process and I don't know how many weeks out it would have to be set to review the time extension in conjunction with potential DA modifications -- the one that jumps out was the bonding for -- for half the crossing, which it sounded like that particular issue might not be a concern. If that allows the applicant to meet with staff and see if -- if any and all current UDC provisions should also be applied and one of the suggestions might come forward that we would tie to an extension, then, we can have this conversation and it gives the applicant a fair opportunity to see what might be additionally imposed upon them and we can decide at that time. De Weerd: Mrs. Canning? Canning: Madam Mayor, Members of the Council, the question to ask would be -- or just to clarify on that one is the applicant responsible for submitting for development agreement modification? Is that what you would like to see? If it is, we probably need about a month to bring that back to you to get that application complete and bring it back to you. I'm not sure that you can't place that condition upon the CU. It used to be that if their project did have a conditional use we didn't always require a development agreement -- it's not an off site, it's still an on-site condition or to place it upon the plat would be a possibility as well. I believe. I'm looking at Mr. Nary for -- De Weerd: Mr. Nary. Nary: Thank you. Thank you, Madam Mayor, Members of the Council. It appears to me the stick you have is this time extension. So, it sounds to me like you should go one of two ways. If you want some opportunity for the staff and the applicant to meet to see Meridian City Council April 15, 2008 Page 25 of 81 -- because I think the concern Mr. Erhart raised is that if the project, essentially, starts completely over, there is no -- at least for him and maybe other potential buyers, no practical reason to want to do that. It's too costly and too time consuming to do that. That may not necessarily be the staffs recommendation. There may be a lot of what is accomplished is consistent. I don't know that answer and I don't know if Mrs. Canning tonight is comfortable with that answer. So, you could certainly continue this for two weeks to have that opportunity for the staff and the applicant to have this discussion to see I guess a generalized analysis of where we would go with this. Again, still holding that time extension. If you, then, think after that report that this is a -- significant changes are necessary or significant changes are not, then, you can make that decision of either granting a time extension, because you can condition those minor changes to that extension, or they are major changes and you don't feel comfortable that there is adequate time to get that done with a time extension and, therefore, you would like the project to begin further back in the process. But I guess I don't have enough information tonight to tell you one works better than that other. I think we need -- I think the staff needs a little more time to analyze it and you may need a little bit better information and, again, Mrs. Canning certainly is free to disagree with me, but I don't think we have any -- enough information tonight to tell you which is probably better to go. But I think you want to hold that time extension at least for the moment until you have that answer, to, then, decide do you tie it to it because the development agreement process does require an amendment or the CU process requires a Public Hearing for an amendment. And that would take about a month. De Weerd: Thank you, Mr. Nary. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: This is a Public Hearing, but it's not noticed for that purpose, is that the problem? Nary: That's correct. De Weerd: That's correct. Zaremba: Okay. Canning: Madam Mayor, Members of the Council, in granting the director time extension, we did require that the multi-family portion meet all the multi-family requirements in the UDC. That was -- those were the conditions added. What the staff report doesn't do -- and it limited itself to the UDC. It did not look to the Ten Mile plan. So, you had no analysis before you of how this complies or does not comply with the Ten Mile plan and that seems to be the missing piece. Meridian City Council • April 15, 2008 Page 26 of 81 De Weerd: Now, can you do those comparisons to the Ten Mile specific area plan under this current application? Canning: I believe so. The authority given for time extensions basically gives Council the authority to add any conditions you please based on either new plans or new standards, so I believe it gives you that flexibility to look at that plan certainly. I can pull up the code, so we can all look at it. De Weerd: So, Mr. Nary, can this be continued for that evaluation and consideration to bring back to the Council to make an informed decision? Nary: Madam Mayor, Members of the Council, I believe you can and, then, you at least would have more information than I think we have -- I think the staffs focus and my focus in looking at this was whether it technically qualifies for a time extension and if you want to grant that what conditions you can place on it. But as we have discussed this, we have gone I guess beyond some of the routine types of add-ons that we do for time extensions to ones where we may want to amend the CU, amend the development agreement. That may change the complexion of what the approvals and entitlements are and I just want to be sure that the applicant has adequate time to respond to that. I feel for Mr. Erhart, because that may not have been why he came here tonight and that may have been what he was prepared to respond to. There may be a lot more information that he may need to gather or staff may need to gather and that might be the fairest way to do that. De Weerd: Well -- and I imagine it sounds like a lot of this evaluation could be done under this current time extension application, rather than back under a DA modification. Correct? Nary: That is correct. I mean I agree with Mrs. Canning that within -- and maybe this is kind of the lawyer part of me. Within reason I think we can add on other conditions. De Weerd: That's why we love you. Nary: Yeah. And within reason we can add them on. I think it, obviously, takes some agreement to get there and I just think there is probably a little gap there to getting that agreement tonight, but if we have some opportunity to work with the applicant we may be a little closer than we are today. De Weerd: Mr. Nary, what time frame are we looking at? Nary: I -- Mrs. Canning and certainly my office or myself can work with them as well. I certainly think two weeks is more than enough time. I don't know whether or not there is time -- a week continuance normally means Thursday. So, that really doesn't give us very much time for Mr. Erhart to get in to have a real conversation or for the staff, so I'm just thinking two weeks might be better. Meridian City Council • April 15, 2008 Page 27 of 81 Rountree: Madam Mayor? Zaremba: Madam Mayor? Nary: Oh, there is no meeting on that night, is there? De Weerd: No. Zaremba: That's what I was going to ask. Bird: We might -- Borton: Madam Mayor? De Weerd: No. That wouldn't -- Mr. Borton. i Borton: Milt, can you tell us what week's best for you to that have meeting and come on back? Erhart: I still have a mother that's in assisted living and family issues to take care of in the home state of Kansas and I will be gone two weeks from tonight. But three weeks from now or four weeks from now I would certainly work with you. I'm sorry. Not two weeks. De Weerd: Four weeks would work for you? Erhart: Yeah. Three or four weeks. Whatever would work for you. De Weerd: Okay. Erhart: The two weeks I just can't be here. De Weerd: That's fine. Thank you. Okay. Council? Zaremba: Madam Mayor? De Weerd: Oh, Mrs. Canning, did you have any additional comment? Canning: Madam Mayor, Members of the Council, I did find the code on the Conditional Use time extension and it does say that approval of the request for time extension to an approved Conditional Use shall be determined by the decision making body at a Public Hearing and will not be granted if any of the following conditions exist. Significant amendments to the Comprehensive Plan or Unified Development Code have been adopted that change the basis under which the Conditional Use Permit was granted. Significant changes in land use that occurred in an area that will impact or impacted by the project. Hazardous conditions. Community facilities. And, then, just a blanket one, Meridian City Council ~ • April 15, 2008 Page 28 of 81 the Commission play place additional requirements, modify the previous approval or deny the request. De Weerd: Okay. Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: In my earlier comments I guess I am sensitive and should note that it's not necessarily Mr. Erhart's fault that there has been delays in continuation. I think he probably takes the brunt of having to come up here and get a second extension. But, hopefully, it's clear what we are trying to -- trying to do, just to make sure that the end result is right. So, if the applicant's okay with a four week delay, staff can fit that within their time frame to have these discussions and see how close we are or not close we are, let's do that. So, I -- De Weerd: Mr. Borton, I guess a three week delay would bring it to May 6, but the 13th is a workshop. So -- and I think the applicant mentioned three weeks worked as well. Zaremba: Madam Mayor, while I would like to see this issue resolved, I don't see the need to unduly delay it. If it can be done in three weeks I certainly would promote that. Rountree: Right now there is room on the agenda, so -- De Weerd: Okay. Borton: Madam Mayor, that's fine, as long as it is sensitive to family concerns. If May 6th works, move that we continue Item 14, TE 08-003, to the May 6th agenda. Rountree: Second. De Weerd: Okay. I have a motion and a second to continue Item 14 to May 6th. All those in favor say aye. Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Canning: Madam Mayor, Members of the Council, is that to prepare an analysis to the Ten Mile plan or -- De Weerd: And also to work with the applicant on the comment that Councilman Zaremba made regarding the bridge funding. Zaremba: That's to the west. Canning: Okay. Thank you for the clarification. Meridian City Council • • April 15, 2008 Page 29 of 81 De Weerd: Okay. And Iguess -- Council, I guess I would seek your desire on maybe looking at anticipated similar situations and how to deal with those as they should arise. Nary: Madam Mayor, maybe that would be a good discussion topic for the 13th workshop. De Weerd: Okay. Nary: I mean if that's adequate time for Mrs. Canning. Not to volunteer her efforts, but that might be a great discussion and one of the items we could have a discussion on the 13th. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Anna, thank you for volunteering for the topic. Canning: For? De Weerd: To discuss process or procedure should these time extensions arise and what kind of evaluation process would you recommend. Canning: Okay. Item 15: Continued Public Hearing from April 1, 2008: Outdoor Sales and Temporary Use Permit Ordinance: De Weerd: And our stenographer is still not here, so, Council, I would go to -- Item 15 is a continued Public Hearing from April 1st on the outdoor sales and temporary use permit ordinance. Anna. Canning: Madam Mayor, Members of the Council, this is a continue Public Hearing, so I will just give you the update since the last hearing. Mrs. Kane did speak with Mr. Siddoway, the parks director, and made the necessary changes to the Title 3 document. We also discovered an edit that was necessary within the Title 11 document, the UDC, and I sent over amemorandum -- a revised memo that Mr. Hood had originally sent and it's got some bolds and double underlines. It's in your packet. So, what we needed to do was acknowledge community events occurring at public parks as accessory uses as well. So, the UDC just needed to acknowledge that some events that occur at parks aren't required to get temporary use permits. But I think we have got all the issues worked out with regard to the parks department. I know Mr. Siddoway is pretty comfortable with it. I know that you do have some folks here tonight to testify with regard to the mobile vendor provision in the Title 3 document. Meridian City Council April 15, 2008 Page 30 of 81 Nary: Is your mike on? Is that mike on? Okay. De Weerd: Well, now that sounded like it was on. Canning: I wasn't very far away. Madam Mayor, Members of the Council, do I need to repeat anything given that comment? Okay. De Weerd: Hopefully the tape picked it all up. Okay. Canning: I do -- I have the copy of the -- I know that there are some folks here to testify on the mobile vendors. I forgot to grab a copy of the latest one. I have a digital copy of the one that was before you at your first April hearing. Those co-provisions for mobile vendors have not changed, but it has Ms. Sackman's edit next to it. I can bring those up while they are testifying. I believe they are still here. And with that I will answer any questions Council may have. De Weerd: Okay. Thank you. Council, any questions for Mrs. Canning? Bird: I have none. Rountree: None. De Weerd: Okay. I do have. a number of people who have signed up indicating their support for this ordinance. If, when I call your name, you would like to provide testimony, I would ask you to come forward at that time. Angel Lopez signed up for. If you will, please, state your name and address for the record. Sera: Hi, Members of the Council and Mayor. My name is Lou Sera and I'm here to help Angel to translate. De Weerd: Okay. Sera: And he's going to ask what he needs. So, thank you for your time. De Weerd: Thank you. Sera: Well, he has his mobile truck. It's on the comer of south Meridian and Victory and would use a time frame of one to four hours complete was from 11:00 to 8:00 and, then, the permit he got this year is from 11:00 to 3:00. And he is questioning is if he can get more time for the evening to stay in the hours if he stays on the premises. Nary: Madam Mayor, could we get his name and address? De Weerd: We got the translator's name and address. Could we also get Mr. Lopez's. Meridian City Council April 15, 2008 Page 31 of 81 Sera: Yes. His name is Angel street name is K-i-p as Peter, Way. In Nampa, Idaho. 83651. Lopez and his address is 11286 West -- I will spell the . as is Lilly, I is in Idaho, N as in no, G as in George De Weerd: Thank you. Okay. And so he's curious as to if you can extend the hours beyond the four hour time frame; is that correct? Sera: It's from 11:00 to 8:00. He's currently from 11:00 to 3:00. De Weerd: Okay. Okay. And we will ask the planning director to answer that. Mrs. Canning. Canning: Sony. De Weerd: Okay. Canning: Madam Mayor, Members of the Council, I have to admit I'm not very familiar with the mobile licensing, so I'm looking it up. I believe that the time limitation is listed in the definition, so I am going back to the definitions. Angela is how I know him, so I'm sorry, I missed his last name, but he has been in our office now and diligently following this and has gotten the necessary temporary use approvals. When he first came in to our office a couple years ago we didn't have very good or very well defined standards for kind of traveling restaurants, just for lack of a better name. Those have been -- that was one of the reasons we wanted to look at amendments to the Unified Development Code is to address those. As you will recall when I first introduced this to you, one of the guidelines we felt we had been given was to assist those temporary uses associated with established uses that had put investments to that -- the property, as opposed to ones that were perhaps competing with other businesses. Unfortunately, the kind of traveling restaurants are more on the second side. Now, my understanding of this vendor at this location is that he actually pulls people into the Double D as well, so it's a very beneficial relationship. There is not a lot of restaurants in that area. The landscape workers will come and -- come to the taco -- or the restaurant and they go and pick up supplies at Double D, so it's a very beneficial relationship. But, again, it's -- the idea of all the temporary uses was to kind of limit those where they weren't making a real investment in the property and so the time restriction has been pulled back because we knew we were looking at this upcoming code change when he came in this year for another temporary use, we limited his hours of operation back from the original basically two meals to just one meal, so it was the four hour provision. The mobile sales unit would limit him to only two hours at a location. So, it's going to be further restricted with this ordinance. De Weerd: And -- okay. Anna, what was the thoughts behind the further restriction, outside of the -- now, this -- as I understand it, though, this location is an improved area, is it not? Meridian Ciry Council April 15, 2008 Page 32 of 81 Canning: Yes, ma'am, it is, but the -- the truck pulls into just a parking area. It's not defined as a separate area. A lot of people ask me, well, what's the difference between this and the Chicago or -- yeah. The Chicago hot dog stand at Rite-Aid? Well, that one had a permanent CZC. We anticipated it would be there. We put it in an area where it's not -- where it's not temporary and I guess that's the -- that's the struggle we had coming up with universal guidelines for these things where we are temporary uses. Do you want temporary restaurants all over the city? This particular case is very beneficial. We understand that. We acknowledge that he's been very diligent in coming in and talking to staff and doing what he needs to do in getting the proper approval, but it's not always appropriate and it's -- I mean it's -- it's Council's call on this. It's just we were trying to come up with a consistent way and that's where we are. De Weerd: Okay. So, you -- Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Sony, Madam Mayor. I didn't mean to interrupt you. Madam Mayor, Members of the Council, I mean I guess to supplement what Mrs. Canning said, when we have had this discussion, I have talked with Mrs. Kane, I mean we have worked trying to create a difference between essentially a fixed site, like the Chicago hot dog stand, that's adjacent to Rite-Aid or the accessory use that the -- the food vendor has with Home Depot that were at fixed locations, versus these mobile units. We were having a problem from an enforcement standpoint of trying to address mobile units. Not with this gentleman's business, certainly, but with -- you know, I guess this gentleman's business is caught in a case where we have many people who -- that time limit is the only thing we have to capture that type of business and not have it just keep setting up shop in a different spot every single day. That there -- if you extend it to eight hours every day, they are going to be all -- all over in place and if that's what the Council's direction is, that's certainly what we can do. But we are trying to differentiate between truly the mobile sites that are -- that are going to locations that are setting up for a lunch hour or two, setting up and leaving and setting up and leaving and that's what we are trying to capture differently than those that are fixed to the site that are, essentially, accessory to the site that's there, like those other examples. So, you know, I understand where he's talking about, that he wants to just be there longer and, again, it's your direction, but you will, then, have many of these folks wanting to be there longer, four hours, eight hours, there is not much difference when you start trying to differentiate between eight hours, ten hours, 12 hours, to them moving it off the site once a day. I mean it makes it really difficult to try to enforce that later without some distinction between those things. So, that was the rationale that we were trying to use in crafting those definitions. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council April 15, 2008 Page 33 of 81 Zaremba: Is the difference between this gentleman's business and the example you gave of the hot dog stand outside of Home Depot, the fact that his business has wheels and he takes the kitchen home to restock every day? I guess my question is does he stop in two or three locations throughout the city or is this just one location? Sera: It's one location every day and he has Sunday's off. So, he's in the same place every day. Zaremba: So, certainly what I would call a truly mobile vendor who stops by a construction site for 20 minutes and, then, moves onto another construction site for 20 minutes is a different animal than what this gentleman is doing. Nary: But, Madam Mayor, Members of the Council, Councilman Zaremba, his business model today is to be atone place every day. Zaremba: Yes. Nary: That's how he operates his business. Those other ones don't move. I guess to be physically -- if it was a trailer that was parked next to Double D every day and didn't move, that would be more like what's at home Depot, you know, but this one moves. They all move and when they start moving, that's -- the problem is that they aren't always in one location. He happens to have a relationship with Double D that he can be there, but many of these will be on Eagle Road today, Franklin tomorrow, Meridian Road another day, they are all over the place and it is very difficult to keep track of that when they are hopping from one to another. So, it just happens to be how he can choose to do it. It doesn't mean he's required to do it that way. Zaremba: Could we condition his permit such that it's this address and says that's the only location the permit's good? Nary: Mrs. Canning, I don't recall discussing that, if that's the only location we would allow it to be if you wanted to exceed that. Canning: Madam Mayor, Members of the Council, Councilmember Zaremba, no, we had not considered conditions to the mobile vendor permit. Angel is still under the UDC right now, so that permit is under Title 11 and that gives the planning department some authority to do that, but that will be gone upon adoption of this document. The struggle that I think you're having is the difference between a temporary use and a permanent use. And that was one of the struggles we had as well in developing this. There are some uses that want to come in for a temporary use approval because they were not prepared to make the investment in the property. And the UDC allowed those before, but the current code does not. We have talked to this gentleman about getting a permanent CZC and that's really what's appropriate. If he wants to be there for two meals a day or for more than two hours a day, we need to get a permanent site for him. Whether that's a permanent place for him to bring in his on a separate landscape island, so that he's not taking up -- I mean so that it looks kind of like it was more than just Meridian City Council April 15, 2008 Page 34 of 81 pulling into an existing parking space, I think we could do that. Unfortunately, he doesn't have the resources at this time to accomplish that. But those -- I think that that's what Council is -- the struggle you're seeing here is that it's a good thing, why can't it stay. But it's not really a temporary use is the concern. Once it's there for all day, how is -- it's no longer a temporary use. De Weerd: It's an interesting scenario. As you can see, it's a difficult one, because it is unique. And it kind of falls in between. Sera: Yeah. One comment I have need to do is last year he was leaving the vehicle at the place and this year he applied for a permit again that he has to do every year. He was told he's a mobile and now he has to have four hours because he's a mobile. So, now that it's hard for him to take the vehicle home or somewhere else every day and bring it back every day. As it used to be that he used to leave it there last year, so I think that's why he -- that's how he got the permit last year that he was -- I don't know if he filled out the wrong form for this permit this year maybe as one -- De Weerd: Well, it sounds like that he's either temporary or permanent. If he's permanent he can park it there, but he would have to make certain improvements. He could not do those improvements, so they said the easiest way for him to continue business there is as temporary. But now that temporary would be limited under this new code. So, I -- did I answer that correctly? It sounds like he had two choices there, either he's permanent, he keeps it there, but if he keeps it there he has certain conditions to -- for improvements as a condition of keeping it there. If he chooses not to do that, then, he would be considered temporary, he's right now allowed the four hours, but under the new code it would be two hours. So, that's the choice. Zaremba: I might -- Madam Mayor, I might add one other question. That would be whether the property owner might help him make improvements. He's being beneficial to them. Sera: He was very happy with him, by the way, the owner of the properly. He's very happy with him, because he brought business to his business by having the truck there, people stop there and they always get gas and stuff like that, so -- De Weerd: Council, any other questions for Mr. Lopez? Rountree: I have none. Bird: I have none. De Weerd: Thank you. Certainly Council will take the comments under advisement as they look at this ordinance. Sera: Can I make one last comment? Meridian City Council ~ a April 15, 2008 Page 35 of 81 De Weerd: Uh-huh. Sera: He wants to also tell the Council and your place in Meridian he's going over here and see if he can operate in the evening in a different location. That's what he was told as well. De Weerd: It sounds like that would be consistent with what's being proposed. Canning: And Madam Mayor Members of the Council, the way the code reads is that he's not -- he can't remain within any 300 square foot area, which isn't a very big area. So, he just has to move it every couple of hours is what it is, but he had talked about -- he had talked about being at Double D and, then, at Lowe's during the evening and that's certainly permissible. He can travel all over the city with the mobile vendor permit. He's not limited to one site. Now, he could -- he could stop at a construction site on the way to Lowe's and set up shop for a little bit there. So, there is a lot of different opportunities afforded by the mobile vendor license than what he's got now, but it does require him to move about a bit. De Weerd: Well, certainly we are always open for other ideas, Council, so -- thank you so much. Zaremba: The other idea is permanent and that requires a couple of improvements. Sera: In order to get those permanent requirements who would he need to see -- to see what is required for him to be a permanent? De Weerd: Well, sir, right now this is a proposal in front of the Council. Sera: Okay. De Weerd: And they can certainly approve it as proposed, they can consider modifications to it, and that's what the testimony being sought tonight is about. Sera: Thank you very much. De Weerd: Thank you. Okay. Thank you so much. And Erica is also part of the group? Okay. Thank you. Is there any other testimony on this issue? Okay. Anna? Canning: Madam Mayor, Members of the Council, this perhaps is the only remaining issue. If Council would like us to -- would like to provide direction on what they'd like to see. Otherwise, I think we have resolved all the issues and have the support of the Chamber of Commerce and we are ready to go. De Weerd: Mr. Zaremba. Meridian City Council April 15, 2008 Page 36 of 81 Zaremba: I think just my personal opinion is I would like to see him qualify for the permanent position. Canning: And Mrs. Najoua has talked to him about that. It's just -- I think it is a financial burden at this point, but -- Nary: Madam Mayor?. De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I believe you said this is at Double D? Isn't that correct? De Weerd: Yes. Nary: Yeah. And if you recall, Giuseppe's came with the same issue. He had a coffee stand there, has the same problem in -- trying to get the permanent improvements to the site were problematic. But for Double D and the way their operation works, as well as him financially as well, so, you know, I think the concern is that maybe what Mr. Lopez -- in the past he was allowed to be in the parking lot and that the problem is what we are trying to get away from is people camping, essentially, in the parking lot all over different spots of town for four hours, six hours, eight hours and just setting up shop in a parking lot and we are trying to get away from that, which is why, as Mrs. Canning stated, like in the Taste of Chicago, we strongly encouraged that they movie, essentially, up against the building for that very reason, so that they would be out of the parking lot, they would be more accessory to the business. Same thing with Home Depot and the like. So, we were trying to, again, draw that distinction for permanent fixed locations that they were, essentially, more of a -- of a site that's not mobile, not in the parking lot, not just taking up one parking space or two parking spaces, if you recall back, Taste of Chicago had tables and chairs and umbrellas and stands and fences all in the parking lot, all of a sudden the parking lot wasn't for parking anymore. And so that's where -- that's why we are trying to draw this distinction is to -- to eliminate that type of operation. If they were going to be permanent, then, they would have to have some improvements that really made them more fixed to the business. De Weerd: It seems that there is a desire to figure out how this can be different, since it is in an improved area and there is a permanency to a certain degree to it, just can't park it on the sidewalk, because the site probably isn't conducive to that. Is there something that can be bumped back perhaps if -- Canning: Well, Madam Mayor, Members of the Council, if -- I don't think you're talking about changes to the mobile vendors, I think you're asking is there a way for Angel to have a permanent CZC and that's a very different question than the one that's before you right now. I think we tried to minimize what we could, but we can work with him -- we can continue to work with him on that. Mrs. Najoua has been working with him. I Meridian City Council April 15, 2008 Page 37 of 81 can't remember exactly what we told him at this point, but 1 can get involved again and we can see what we can do to make him permanent. De Weerd: And that would not be influenced by this particular ordinance. Canning: No. De Weerd: Okay. Canning: And we have encouraged him to move that way. De Weerd: Okay. And you are telling him what that discussion was? Okay. Council, any other questions? Bird: I have none. Rountree: I have none. De Weerd: Is there any additional testimony? Okay. Sounds like a concluding remark to me. Council, any -- or, staff, any further comments? Okay. Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the Public Hearing on the outdoor sales temporary use permit ordinance. Bird: Second. De Weerd: Okay. I have a motion and a second to close Item 15. All those in favor say aye. All ayes. Motion carves. MOTION CARRIED: ALL AYES. Item 16: Ordinance No. 08-1354 Outdoor Sales and Temporary Use Permit Ordinance (3rd Reading): De Weerd: Okay. Item 16 is Ordinance No 08-1354. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. This is the third reading of 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, providing for a citizens use permit, and providing for a savings clause. Meridian City Council April 15, 2008 Page 38 of 81 De Weerd: Okay. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Okay. Seeing none, this is the third reading. Council? Bird: Madam Mayor, I move we approve Ordinance 08-1354. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve this ordinance under Item 16. Any discussion? Hearing none, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: AZ 07-016 Request for Annexation and Zoning of 224.29 acres from RR to R-2 zone (45.14 acres) and R-8 zone (179.16 acres) for Castle Rock by Providence Development Group, LLC -south of East Amity Road and west of South Eagle Road: Item 12: Public Hearing: PP 07-020 Request for Preliminary Plat approval consisting of 794 residential building lots and 86 common /other lots on 181.11 acres in proposed R-2 and R-8 zones for Castle Rock by Providence Development Group, LLC -south of East Amity Road and west of South Eagle Road: Item 13: Public Hearing: PUD 07-001 Request for approval of a Planned Unit Development for deviations from district requirements to provide an opportunity for exemplary site development for Castle Rock by Providence Development Group, LLC -south of East Amity Road and west of South Eagle Road: De Weerd: Okay. Council, it doesn't look like we will have a stenographer anytime soon, so let's go ahead and consider Items 11, 12 and 13. I will reopen these public hearings and ask for staff comments. Canning: Madam Mayor, Members of the Council, this is the Castle Rock project. It is located on the west side of Eagle Road -- hey, there you go. Located on the west side of Eagle Road between Amity and Lake Hazel. The applications before you tonight are annexation, preliminary plat, and planned unit development. Here is an aerial. I'm going to skip forward a little bit. What happened to our -- I apologize, I thought there was one of the annexation versus the plat area. Oh. It was on the first map. I'm sorry. As you will notice, the annexation area includes the existing subdivision. The plat area is just -- it excludes those. The applicant is requesting approval of annexation of 224.29 to R-2, which would be 45 acres, and R-8 with -- at 179 acres. The preliminary plat Meridian City Council April 15, 2008 Page 39 of 81 consists of 794 single family residential building lots and 99 common lots on 182 acres in those proposed R-2 and R-8 districts. The planned unit development is for deviations from the R-8 district requirements pertaining to lot size, street frontage, and building setbacks. The gross residential density is 4.38 dwelling units per acre overall, which means for the annexation area that I showed you before. No? I'm being told that's for the plat. I apologize. 3.7 for the annexation area. The dimensional standards for the PUD you haven't talked about these ever before, so you have not had many planned unit developments. I gave you -- or in your staff report was a list of -- table of the Castle Rock dimensional standards. Basically, they were asking for reduced setback for living areas from the street, as well as living areas to alleys, and a reduction in the minimum lot size and, then, a reduction in the lots. I did want to point out that their lot frontage, because of the cooing concept that was introduced to you at previous hearings, they do meet the frontage -- our UDC frontage requirement at the setback line, but they don't meet it at street, because of the curved nature of those streets. Holman: Madam Mayor, Members of the Council, do you mind if we pause for just a moment, so I can change the tape? I'd like to have tape recordings of this without the stenographer here. Okay. Go ahead. De Weerd: Thank you. Canning: The proposed site amenities -- there are eight of them and they include the following: The applicant is providing almost 40 acres of usable open space, which is about 21.7 percent of the total development area. Also, they have -- there is pathways and micro paths that were proposed within the common areas, some of which connect to the multi-use pathway along the Ten Mile Creek and you run along the Beasley Lateral. There is a neighborhood park proposed that contains a gazebo, tot lot, and basketball court. There is also a gazebo proposed within the common areas within the subdivision. There is a pocket park proposed that would have a tot lot and, then, there is another pocket park proposed that would have a tot lot and a pond. And, then, there are picnic tables proposed throughout the common areas and, then, finally, they are proposing an 8.8 acre park that is intended to be dedicated to the city as part of the development. ACHD did submit conditions of approval for the project and they included a signal that would be required at Teconic and Eagle intersection when the signal warrants are met. After -- let's see. When the signal warrants are met based on signal analysis submitted to the district each final plat after the final platting of the 400th lot. So, once they hit 400 lots they have to start doing analysis with each final plat to determine when the signal is warranted. And, then, the Amity-Eagle intersection will need to be fully improved as identified in the district's capital improvement plan prior to final platting of the 127th lot. I did want to note for Council's recollection, I suppose, the Council did remand this project back to the Commission and ask for the Commission to specifically consider the following items: One, to make a new recommendation based on the revised plat and they have done that for you. Two, to consider the traffic impact of this development on Eagle Road between the site in the interchange, specifically the Eagle-Victory intersection. Three, to consider not only the maintenance, but the ownership of the coved areas and who has the right to do or not to do what within the Meridian City Council ~ • April 15, 2008 Page 40 of 81 coved areas. Four. Reconsideration of the revised densities in relationship to the Comprehensive Plan and the recently approved south Meridian area plan. And, five, consider requiring South Carlisle Way to stub to the east property boundary across the Ten Mile Creek for connectivity on future development of the property across the creek. The applicant has provided elevations and I'm sure they will go through these in more detail. But we have elevations for the three different series, Cottage, Legend, and village. And, then, there are some custom homes proposed within the larger lot areas. There was a -- there is a DA proposed with this. The kind of site specific conditions of that DA include that only uses allowed on the property .are single family detached homes and allowed accessory uses in the R-2 and the R-8 zoning districts. A ten foot wide multi-use pathway shall be constructed on the site on the south side of the Ten Mile Creek and, then, the applicant shall construct a minimum 8.8 acre neighborhood park on the site and dedicate that to the city. Construction materials used on the wall surfaces of the structure shall incorporate a minimum of three different types of materials and those materials may include the following: Vertical and horizontal siding. Board and batten. Shingles. Shakes. Hard board. scallops. Stucco. Brick. Or stone. And those are per the Castle Rock design guidelines. But noted that balustrades, which were originally proposed as a wall material, were not approved or recommended for approval. And, then, all structure shall substantially comply with the building elevations. The parks department did send you a letter, I believe it's in your staff report, and I believe that the parks director is going to testify. So, I will let him do that after I'm done. The Commission did recommend approval at their March 6th, 2008, Public Hearing. Jerry Armstrong from Providence Development Group spoke in favor of the application. Martin Fabricius, Carol Jarvis, Ray Eggleston, Justin Thiel, Don Cantrell, Tom -- Tim Foster. There we go. Tom Sylvester. And Tim Taylor signed up in opposition of the project, but did not offer testimony. And, then, Pat Fabricius -- song Pat. It was an inadvertent slip of the tongue. Dan Lisberry and another person whose name was illegible, also testified or signed up. Commenting were none. Written testimony was provided by Russ Fulcher, Larry Wickham, and Debbie Wickham. Jeny Smith and Martin Fabricius, all in opposition. Key issues of discussion by the Commission were the outstanding issues from Council on their January 22nd hearing. Landscaping and maintenance responsibility at the coved public areas on the individual homeowner lots, the depth and flow of the lateral and pond adjacent to the tot lot in relation to the children's safety. The use and benefit agreement for the Village units, allowing property owners to use the adjacent side yards for a larger yard area. And, then, the extension of South Carlisle Way to the east stubbing at the canal. The key Commission changes were that they added a condition of approval for the applicant to provide a 42 foot wide easement for the extension of South Carlisle Way to the west property boundary for access to the Fulcher property. They added a condition of approval for the applicant to work with staff to relocate the tot lot depicted on Lot 27, Block 43, away from the lateral and the pond and they added a condition of approval for the applicant to install fencing along the south property boundary adjacent to the Don Cantrell property. Outstanding issues for the City Council. The Council should determine if an easement for the future extension of South Carlisle Way is appropriate or if Carlisle should be extended as a public street to the east property boundary with development of the subdivision. The applicant has not yet contacted staff for the relocation of the tot lot depicted on Lot 27 Meridian City Council • • April 15, 2008 Page 41 of 81 away from the lateral and pond. And, then, with regard to written testimony, since the staff did part, Sheri Ewing sent an a-mail expressing concerns about the inability of the road system to handle the anticipated traffic from the development and, then, the parks and recreation department noting the decision of the parks and recreation commission, which I mentioned previously. And with that I will answer any questions that Council may have and Mayor. De Weerd: Council, I guess I would note also for the record Justin Thiel has sent an e- mail today, which is copied in front of you, we also received a letter from Senator Fulcher, Monte and Jackie Anderson, and Lee and Karen Adams you all have copies of. Bird: Madam Mayor? De Weerd: Yes. Bird: I also received an a-mail From senator Fulcher. De Weerd: Okay. Rountree: We all have it. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I also received an a-mail from Senator Fulcher, but it, essentially, conveyed the letter that you have already talked about. De Weerd: Okay. Okay. Any questions for staff at this time? Bird: I have none. De Weerd: Okay. Seeing none, the applicant -- Zaremba: Oh, Madam Mayor? De Weerd: Yes. Mr. Zaremba. Zaremba: Is staff complete? I thought the parks director was going to make a comment. De Weerd: Oh, I'm sorry. Meridian City Council ~ • Apri115,2008 Page 42 of 81 Canning: Madam Mayor, members of the Council, we are going to rely on the applicant's picture of the park, though, so that's okay. Yeah. Siddoway: Madam Mayor, members of the Council, the proposed neighborhood park in this subdivision did go before the parks and recreation commission at their March 12th meeting. At that meeting the proposal from the applicant was reviewed in detail and the Commission does recommend approved of the proposed neighborhood park, as proposed by the applicant. They also forwarded, as part of their discussion, two specific options for the Council to consider in relation to the park. One regarding the timing of construction and the second regarding the financial roles and responsibilities between the developer and the city. Regarding the timing of construction, the proposal from the developer was to construct the park in conjunction with the 300th building permit. According to calculations that is the point at which the city will have received enough park impact fees from this development to cover the anticipated costs incurred by the city for the construction of the park. However, we have also had, you know, issues with previous parks, as I understand, such as Seasons Park where the development went in first. and the park was held back to future phases and there were issues with neighbors always wanting to know when is that park going to be built. So, the Commission does recommend that that park be funded and phased as early as possible and the developer was agreeable to that. Second, on the financial roles and responsibilities, the Commission is in favor of the arrangement as proposed by the applicant, with -- with an estimated value from Hubble Homes of about 1.4 million dollars and Meridian Parks Department contributions of about 400,000. The -- as noted in the recommendation, there are some changes in relation to the responsibilities. When you compare it to the one that was forwarded back in, I believe, November of last year, most notably in that original -- in the original proposal the parking lot, pathways, and trees were part of the developer's responsibility. Under the current proposal those responsibilities are shifting to the city. In response to the larger park acreage that's being offered -- previously, they were offering about 7.2 acres, they are currently offering about 8.8 acres. So, the option that the Commission sent forward is to, A, either go with the revised roles as proposed by the developer or, B, we could shift the parking lot, pathways, and trees back to Hubble Homes' responsibility and offer to pay an appraised value for the additional 1.6 acres. Those are the two options that were forwarded by the Commission and I would stand for any questions. De Weerd: Thank you, Mr. Siddoway. Any questions from Council? Bird: Not at this time. De Weerd: Thank you. Okay. Sorry. Would the applicant like to come forward? Armstrong: Madam Mayor, Members of the Council, my name is Jeny Armstrong. 701 Allen Street, Meridian, Idaho. I'm vice-president of planning and land development for the Provident Development Group. I will be really brief this evening and not do a lot of redundancy that you have already seen. But what's important in this latest concept that you have not seen and the last time you saw it the park was located over here,. we have Meridian City Council April 15, 2008 Page 43 of 81 worked with the parks commission in building a larger park, moving it over to this area, which is more central. This is a half mile section from Eagle Road, so it will be more central to everybody within that square mile is the neighborhood park. The other thing that we have added are custom lots. We have our Legend series here, which is an upgraded unit, as well as our patio homes here. And, then, our alley-loaded product down here. Next. Okay. What I wanted to address were the five concerns that came up from the last City Council members. One was that you requested that the Planning and Zoning Commission make a recommendation based on the revised layout, which they have. Review the impact of the development specifically on Eagle and Victory intersection. And, then, talk about the maintenance and ownership of the coved area, as well as the project density as it relates not only to the vested Comprehensive Plan, but also the south Meridian area study, as well as the stub street connection on South Carlisle Way. So, address these one at a time. Planning and Zoning recommendation, they reviewed this revised layout, which incorporates the City Council's five concerns. The Commission was pleased with the redesigned plan and the effort by Hubble Homes to provide an innovative, exciting, and more affordable project in this area of Meridian. On March 6th, 2008, the Planning and Zoning Commission voted to recommend approval of Castle Rock to this City Council. Next. Second was the impact of -- the second one was the impacts on Eagle Road, specifically Eagle and Victory intersection. What we are proposing in off-site improvements at our own cost at the 400th lot that, we would put in the full signalized intersection at Eagle and Teconic. If a study after the hundredth lot proves that we need it sooner, we will do it at a sooner time. The interim signal, again, would go in at Amity and Eagle and, then, the other condition was we voluntarily are contributing 300,000 dollars to the light at Eagle and Victory. The reason for that is because one of the concerns of this Council was to get a time commitment on when that would be constructed. So, what we committed to in writing is that the ACRD would build that in 2010 when we make the 300,000 dollar donation. Just know this is our impact fees. Other than the traffic lights that will go to solve a lot of the issues out there along that road, for the 794 units, we will be contributing 2,610 dollars per lot. That is a little over two million dollars and that money has to be spent specifically in this yellow area, which will. help solve problems in that area. Transportation -- we have the connection at the 50th lot through White Bark Subdivision, which connects this to Amity Road, that gives us the second road. The site is located within bicycle distance, three miles of major employment and commercial developments on Eagle Road. This is per the staff report. On site recreational opportunities, we will reduce the number of vehicle trips per day generated by this development through the recreational opportunities provided. There is a possibility of a Valley Ride shuttle in cooperation with St. Luke's. A program they currently -- what they call an employee transportation alternatives program, which is nationally recognized, and we are working with other major employers in the near vicinity. A future Valley Ride transit stop to be located on Eagle Road will be constructed within the first phase of this project. Staff, again, is very supportive of the proposed bus stop and other transit opportunities available with this development for the staff report. Ownership and maintenance of the coved area, we discussed this last time. The coved areas and all front yards will be landscaped by the developer prior to closing. All coved areas will be owned and maintained by the individual property owners. The coved areas will receive special attention in the Meridian City Council April 15, 2008 Page 44 of 81 • CC&R's and weekly monitoring by a property management firm will insure the upkeep of these unique lots. If you look in this blowup of the cooing, which we didn't show last time, you notice how the sidewalk meanders through this green area. The only difference is -- is most sidewalks you usually attach out here at the curb, but, again, the lawn and the maintenance in front of those homes is maintained by the individual owners. What this does is create a natural open space in front of each of those homes, so from the street it appears as if it's much larger lots, more like the quarter, half acre lots that you normally see. Meridian's Comprehensive Plan as approved in October 2006 allows for three units per acre in this green area. That's outside of the Black Rock area. We are proposing 2.98. We redesigned it for that. In the additional area that that's approved for three to eight units, we are at a density of a little over five units per acre. If you add the two properties together, the overall density is around 4.38 units per acre. Castle Rock is vested under the Comprehensive Plan that was adopted by the city in 2006. Excluding Black Rock, the proposed Castle Rock development is allowed 1,246 lots. Our proposal for 794 lots is well below the allowed density for this project. Even in taking into consideration the south Meridian Comprehensive Plan, which was recently adopted, it allows for -- in the total area at three units per acre, which is this green area that's showing in this overall vicinity map here. Under your current one we are allowed 540 units. In the yellow area we are allowed to develop up to eight units per acre. That's 354, which is a total of 894. The recently adopted Comprehensive Plan allows for the 894. We are asking for 694, plus if you include the 44 Black Rock, that comes out to 838. And that's all been programmed into your new Comprehensive Plan for transportation needs and public facilities in that area. Therefore, the overall density for the annexation requested is 3.7 units per acre. Castle Rock is consistent with your vision for this area of the city as approved by this Council in February of this year. Carlisle easement. We have shown on the preliminary plat for this application a 42 foot access easement in favor of the Fulcher family. We are also going to provide, as was suggested by Councilman Zaremba, a sign indicating future extension of road will be placed at this location. Revised neighborhood park. The 8.8 acres, as it's relocated here, is central to the square mile section and it provides unique opportunities based on topography that's not found in any other Meridian park. The new location has fewer building lots along its perimeter, which was an issue in the previous idea. The final design was approved by the parks commission on March 12th, 2008. This is that park. What it offers is it's backed up against this hill. We have about 40 foot difference in elevation that provides us with an opportunity to add an amphitheater that would be also used in the winter, because it faces to the north, would be a sledding hill for young kids. There would be a shelter here as a warm-up but for them to do winter activities. There is also restrooms. There is a teenage playing area. There is tot lots in here. As well as life trail stations around this. We also have backing up to that play field sledding hill going down, so people watching soccer games or football games can be sitting on the side slopes. This was an item that was -- we recommended to -- to the parks commission was 8.8 acres and so the donation by Hubble Homes is 1.462 million dollars. The parks department contribution will be around 400,000. Just a reminder, the impact fees from the parks for the 794 lots at 1,384 dollars, will generate almost 1.1 million dollars, well in excess. This is a similar scenario based on the original proposal, which was 7.19 acres, with doing more options in here. Again, the total donation is Meridian City Council ~ • April 15, 2008 Page 45 of 81 around 1.4 million dollars and the parks, then, would purchase the added property as 1.6 acres for, again, around 476,000 dollars for their share. And was told to you by the parks director, we are interested and we would offer this up right at the beginning if you want to do -- if you want to come up with your part of that contribution, we will start the park in the first phase. Open space amenities. Again, there is almost 40 acres on this site. 8.8 acres, which is a donation to the city. We have village green pocket parks, gazebos, it's awalk-able health-oriented community. We have provided the lateral linear park along the Beasley lateral, as well as landscape buffers along Ten Mile Creek and the spine road. Again, recreational opportunities for all ages. Staff, again, is very supportive of the open space common area proposed in this development and believes that it will be an asset or assist providing a great sense of community in the neighborhood. That's from their staff report. Trail system and connectivity. We have offered up to provide the ten foot wide regional path that will be extended clear to Eagle Road. And you can see it here in the dark green, which is different than what we had last time. Over five miles of paths and trails, clear internal lengths, so you're not walking alongside roads. Thirty-nine acres of connected open space. Again, staff believes that the proposed land use concepts, such as coving, clustering, and interconnectivity, the pathway system throughout the common area, should provide a unique type of development, with many recreational opportunities available to the residents. Creative architecture. Again, four distinctive housing styles. I'm not going to go through them. They all have front porches, comer elevations, facade modulation, a variety of materials, a minimum of three housing diversity comprehensive design guidelines. Again, staff has reviewed these guidelines and found them to represent exemplary design features that will result in a unique and innovative residential development. This is out of their staff report. Again, this is the Legend neighborhood. You can see they have front porches. They have rock. They have facade modulation. And all the facades are different. Cottage. What happens here is the living area is out in front of the garage space. Here is a map of the street relationship. Here you can see the modulation. The yellow is represented where the garage will be and these are just five different housing styles. The living space will actually come out in front of that garage. You can see that in kind of the brown. And also by a porch and it extends out a minimum of ten feet in front of the plane of the garage, so the garages are all located behind the front plane by ten feet. Front porch and living areas are in that area. We drew on the design principals by Blueprint For Good Growth. These are actual statements, these are the goals right out of Blueprint For Good Growth. Densities at this level help to support future transit system in the area and provides a range of densities, housing types, and price levels, promotes strong community identity through unique design and community values. Meets marketing demand and provides much needed affordable housing the public is demanding. Pedestrian friendly neighborhood located in proximity to green space and public amenities. Again, from your staff report more density subdivisions, such as proposed, along with design futures, such as coving, allow for a more efficient and cost-effective provision of public services. Approvals. City staff recommends approval of Castle Rock and we are in full agreement with the staff report conditions of approval. The ACHD board of commissioners approved Castle Rock on December 12th, 2007. Your Planning and Zoning Commission recommended approval to the City Council on March 6th, 2008. And your parks commission has Meridian City Council April 15, 2008 Page 46 of 81 • recommended approval to the City Council for Castle Rock on March 12th of 2008. Why here? There is an opportunity to provide more affordable workforce housing within close proximity to jobs. Proximity to Lake Hazel and Eagle Roads, which are major east-west, north-south connections in the Treasure Valley. More affordable housing in this area of the city will help job housing balance in Meridian. You can see the location of Castle Rock here. You're within two miles of major employers here. St. Luke's three miles, which currently over 80 percent of their employees live outside of Meridian. Blue Cross, 87 percent of their -- or 83 percent of their people live outside of Meridian, because there is not affordable housing choices. You have approved in your new Comprehensive Plan a future neighborhood center, which will be right next door. It's walk-able to Castle Rock. Also future commercial within one mile of Castle Rock, which is all walk-able. Why now? Adequate public facilities are being provided by the development through -- by us extending the sewer and water and neighborhood park and major transportation contributions. Market forces and high land values are creating the need for quality single family homes on smaller more affordable lots. The approvals for this project will guarantee intersection improvements along Eagle Road that otherwise will not occur for many years. De Weerd: Mr. Armstrong, can you summarize. Armstrong: This is it. Opportunity for Meridian to step forward in its desire to create more affordable housing choices for its employers and residents. So, we thank you for your favorable consideration. De Weerd: Thank you. Council, any questions at this point? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the -- what's currently being called an easement for the extension of South Carlisle, would you be able to make that a natural stub street? The issue to me is in order to make that usable, who is going to build the street? If -- if at sometime the neighboring property needs that access, they are not likely to come onto your property and build a street. ACHD doesn't voluntarily build streets over easements, they accept streets that are already existing, and what I originally envisioned was that that would be a stub street that would go all the way to the property line. Is that a doable thing? Armstrong: Madam Mayor, Commissioner -- or Councilman Zaremba, yes, we would be willing to do it as a stub street. It's an easement which would be in favor of the -- of the Fulchers, so that they could come on and build that. But we would be happy to build a stub street. If you -- if that's your preference to see that, rather than landscaping there, we would be happy to do it. Zaremba: Thank you. Meridian City Council April 15, 2008 Page 47 of 81 De Weerd: Okay. Council, any other questions? Rountree: Not at this time. Bird: I have none at this time. De Weerd: Okay. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: If I may, before we take up public testimony, I'd like to refer to Senator Fulcher's letter and, actually, pick the brains of our City Attorney Mr. Nary. Senator Fulcher mentioned a bill that changed annexation laws and, if possible, could you give it a description of how that changed and did it affect voluntary annexation such as this? Nary: Madam Mayor, Members of the Council, Councilmember Zaremba, what the -- what the state legislature did in House Bill 545, which was cite by Senator Fulcher, was they -- the prior language in category A annexation, which were the voluntary annexations in the state code, the prior language said -- or the language that's in place until July 1st of this year was that annexation where all private land owners raise no objection to annexation. What now the court -- the law will say after July 1st is all private land owners that have consented. So, they have to have specific consent. The issue had been in other sections of the state is what was -- what consent existed. Sometimes, like in Meridian, we get a specific consent to annex as part of offering services to that particular homeowner. In other jurisdictions the state -- the staff used to have what was termed implied consent where they had -- services were hooked up and the statute as it was read back then -- or I guess prior to July 1st of this year, said that having services hooked up was implied consent. Now, the statute will say that you have to have specific consent. So, I don't think the circumstances of Castle Rock and what Senator Fulcher's talking about, about being outside of the city area of impact have changed at all. The language is exactly the same in regards to that. The only issue is now the consent must be specific, rather than implied. There was a case out of eastern Idaho that the court ruled that on exactly that point, that merely having services was not enough, that you needed specific approval from a properly owner. So, that's all been cleared up. I hope that answers your question. Zaremba: Thank you. De Weerd: Okay. Thank you. Anything further from Council? I do have a number of people who have signed up. I will read your name, if you would like to provide testimony at that time, please, come forward. Sheri Ewing go signed up against. Harvey Cappel signed up against. Brad Hofhines signed up against. Meridian City Council ~ ~`` Apri115,2008 Page 48 of 81 Hofhines: Madam Mayor, City Council, I'm Brad Hofhines. I presently live in Black Rock Subdivision. 2495 East Sinai. De Weerd: Thank you. Hofhines: I would tell you I have lived there since October and this was my first notice that I have received about this subdivision we just got last month. So, I apologize for -- maybe it's too late for me to say what I want to say, if this is done. There are three other homeowners up there at this time, two of them have received a notice, others have not. I can tell you they are against this. Here is my concems. I moved out of a neighborhood in Kuna in October because we were surrounded by Hubble Homes. And what we started to find is the neighborhood -- I want to say started to go downhill. There was about three homes that I know of that ended up with two to four families living in those homes. Many of these homes started to become rentals and the properties were not taken care of. We started to find kids roaming that neighborhood late at night causing a lot of noise. We backed up to the Hubble subdivision. We started having concerns about damage being done. So, that was one of the biggest reasons that we decided to leave. I'm concemed what this neighborhood is going to look like in a couple of years. I have a nephew that is in Charter Point and this sounds like it's going to be a lot like Charter Point. He has been there two years and his was a newer home, but he has already made comment that he sees the neighborhood going down and they are looking to move. But he's in one of those -- I don't know what you call those homes where the garage is behind the house there. So, he's already finding a concem. Certainly I have a concem where we are in Black Rock, you know, these are -- you know, our home is over 600,000. They were going to be all homes of that amount. I'm concemed what our property value is going to do when all of that gets built in there. Certainly concemed about the traffic. I come up Eagle and Victory and that already takes -- I'm sure you're all aware takes me ten to 15 minutes to get just from the fire station to Victory Road. So, certainly, there is those concems. But, you know, that's -- I guess that was my biggest concem is just what that neighborhood is going to tum out to be like in the future and, you know, our -- believe me, I want everybody to have affordable housing, I have two sons right now, 21 and 24, that are looking for homes. So, I can tell you both of them are adamant they will not be in a Hubble Home Subdivision, because they have seen what they do down the road. So, I'm adamantly against it. Thank you. De Weerd: Thank you. Darwin McKay or Ann Miller signed up against. Miller: I am Mary Ann Miller. My address is 14210 Cyprus Ballscott Drive, Cyprus, Texas. I'm a little away from home, but I have property right next to this subdivision. I own a fair amount -- I'm a part owner of a fair amount of property next to the subdivision. I'm adamantly against this subdivision. I have several concems. Number one concem is the fact that my father owned this property and he was a life long member of the Meridian community. He lived on that property for over 64 years. He sold that to Mr. McMasters and they had an agreement on what that subdivision would become. And I know that the Fulchers had also sold land and I don't know what their Meridian City Council Apri115,2008 Page 49 of 81 n agreement was, but I know what our agreement was with Mr. McMasters and that subdivision was to have homes and acreage anywhere from aquarter -- most of them were going to be half acre to an acre, acre and a half home lots. There were to be trails. There was to be nature trails. There would be other things. That subdivision got started and, then, it was sold to Hubble Homes. That was not my father's intent and he would never have sold it had it been. The other question Ihave -- and I do not know if you as the City Council and as Mayor have considered this, but we have already heard of one subdivision that has gone under because of financing. Have you really looked at Hubble Homes financing and can they even go ahead and do what they even propose? One of the things that really concerns me is that because I have seen some of the other plots and their proposed ideas for this -- they had considerably larger areas, more frontage, bigger areas for the homes and they have made it more dense even since then, which tells me that financially that they have issues and problems and I think that's something that really needs to be looked into. For them to get something like that started and not be able to complete that would be very detrimental, but I believe that that property and what they are doing to it is not within keeping of what my father wanted and certainly not within keeping of what those people that are buying their lots up on the hill are -- some who have bought their lots, what it was supposed to have been. I'm also very concerned about what it will do to our property value of our property that we still have there and also what it will do to the traffic and other things in that area. I think it will considerably devalue that entire area and I don't think that's what the City of Meridian really wants it to do. ,Thank you. De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I have a question for Mrs. Miller. Miller: Yes. Rountree: You made references multiple times that your family had sold this property with the intent of something different. Was that sale contractually bound by some deed restriction or was it just a hand shake deal? Miller: It was ahand -- it was a hand shake deal and it was a verbal deal of intent. And to me and to my father that was as good as gold and there was some of the things in that contract of -- was that it -- there was in the original contract that we had of how that would be formed and would they would do and I still have that copy. I don't have it with me. But we do have a copy of that and they -- and it was specifically stated in there that they would honor dad's wishes in that original contract. And that they would make it something of value to him and to that area. And that was in the original contract when the land was sold. Meridian City Council • • April 15, 2008 Page 50 of 81 De Weerd: Did that answer your question? Rountree: Sure. De Weerd: Thank you. Miller: Thank you. De Weerd: Okay. Did you wish to provide testimony? Okay. Bonnie Cappel signed up against. Cappel: Madam Mayor, Council, my name is Bonnie Cappel. De Weerd: I'm sorry. Cappel: We live on -- right near the comer of Amity and Locust Grove. We are 20 acres between that and that subdivision and it's my understanding that you are not required to notify anyone when you change things unless it's within 300 feet. However, when D.J. McKay was going to propose a gravel pit on that bridge several years ago, whenever that was, they did notify everyone all around and because of the testimony and public hearings they did not do that. But we never got any notification on this at all and I'm disappointed in that, because I feel like that neighborhood and the area has a right to talk and to have some input on this. But that's neither here nor there. I am very much against this subdivision, because of the density and because, like Mary Ann said, we saw a subdivision platted out, Councilman Rountree, and everything was trails, ponds, very low density and we were all for it. And then -- and, then, we heard it was sold and approved and now all of a sudden we heard Hubble Homes had bought it. And now, again, there is another thing with more density and I know I'm new to the process, but I guess my request would be couldn't the people in the neighborhood have a notification of this, so we would know what was going on? And my concern also is right below me, north of Amity, all of our neighbors there sold that property and they did not sell that to Hubble Homes and I'm not against them per se, it's just the methodology that they use. That was proposed and we talked it all over and the neighbors and we thought, well, you know, that's fine and, then, all of a sudden here is a Hubble Homes sign and they are putting up their homes and it just seems to me a bit underhanded and we have been a little Him Hammed out there because of the modus operandi that they are using to come in there and it's probably neither here nor there with you, but I just wanted to tell you how I feel about it. The other thing is how do we protect in the CC&Rs that this won't turn into a rental community? And, you know, you have a subdivision that you have all kinds of problems just because of the demographics of the area and I'm concerned that we protect that, so that it doesn't just go to heck, quite frankly. Anyway, the only other thing I had is that I did have these two letters and I notice that you mentioned the one from Lonnie Anderson, who lives just right through the fence from us. And another one from Karen and Lee Adams and they both have those. Right? I just wanted them to be sure to be on the public record. Thank you for listening to me and I appreciate your time. Meridian City Council ~ • April 15, 2008 Page 51 of 81 De Weerd: Well, I would like to let you know that your testimony does make a difference and the law requires the 300 foot requirement. We also ask that big signs be put out there, so those that are not publicly noticed in the mail do have an opportunity to see it. We have tried to make those requirements more visible and it's hard to go above and beyond that, but I don't think anyone purposefully is trying to exclude anyone from that noticing. Cappel: I understand that, but you're doing the best you can. I guess the thing that bothers me is that they are sold and approved to one developer and, then, all of a sudden it seems a bit underhanded to me. That's all. Thank you. De Weerd: Thank you. I guess I would say that it concems us, too, and I'll leave it at that. Okay. Barbara Fulcher signed up against. Fulcher: Ma'am de Weerd, Council, my name is Barbara Fulcher -- De Weerd: Pull that down a little bit. Fulcher: Thank you. Is that better? De Weerd: That's excellent. Thank you. Fulcher: I live at 5215 South Eagle Road. Our property borders the property that is being developed. I want to pass out the testimony that I prepared. De Weerd: Thank you. Fulcher: And, then, I listened to these other people and I want to say I mean the same thing happened to us exactly. And so I'd like to say he sat at my table and drank my coffee and ate my cookies and promised me that we were -- we bought this under county rules and, Mrs. Fulcher, you can't change a county rule. There will not be any development there. And if there is we are going to build you a Banbury. Hey, this sounded pretty good to us. So, anyway, just as -- just to preface what I have written. I realized this is a rerun of all the past hearings. Our concems are still the same. I must challenge the Hubble Homes, also known as Provident Development Group's, claim that they desire to be good neighbors. They keep coming back with the same basic plan, changing nothing or taking into account the continuous protests to their development. I assume they are planning on wearing the existing neighborhood down until there is no longer a resistance. Number one, the first concern is traffic. We are now in the soccer season and I am assuming there are maybe an additional 200 cars on Eagle Road that are not ordinarily there, but it is impossible to get out of our driveway. What will an additional 1,600 cars added to the traffic pattern do from this proposed development? Number two. The second concern is the density. Now, there is no provision for storage for RV's, boat parking, and so forth. They would have to be parked on the streets, they would have to be on the streets -- they would have to be on the streets making clutter Meridian City Council • • April 15, 2008 Page 52 of 81 an accepted fact. There are no provisions for family life. Oh, yes. They have added pocket parks and regardless of the parks department recommendations, (respectfully disagree with what the actual use of these parks are. They are also an ideal provision for drug traffic or for a place for perverts to hang out. And if you read the papers you know that we have both. These parks are secluded without any open space, all hidden behind foliage. The third concern is the esthetic effect on our neighborhood. We have beautiful homes gracing the bluff overlooking the area in question. On the flats we have spacious ranch style homes on acreages, which border the Hubble property. This is not a compatible combination with the high density low income homes. Am I through? De Weerd: You can get 30 additional seconds. Fulcher: So, what is acceptable to us? Well, this development should not even be considered until Eagle Road is widened to accommodate the added traffic. If the Hubble development causes us, the Fulchers, unavailability to access Eagle Road, they should build a bridge and I know that they mentioned something, but I don't know whether that included that bridge or not -- across Ten Mile Creek, so that we have access to their stop light. Otherwise, we will never go anyplace. There should be some storage facility available for those who need it to eliminate the junky appearance. These lots should be large enough to accommodate family supervised back lawns. This cannot be done with eight houses to the acre. This development should meet with the quality homes that were already in this area. Quality living conditions should predominate over the bottom line profit for the developer. Thank you for listening to me. De Weerd: Thank you. Borton: Madam Mayor? De Weerd: Yes. Borton: Mrs. Fulcher, I didn't catch at the very start and I have to ask who was it that sat down with you in your house and -- Fulcher: It was Dan Wood. We sold to the same people that -- it was the -- what was it called? Rountree: He 's sitting right behind you. Fulcher: But it was called Triple D Livestock Development I think. And we were -- we were given the same song and dance, I can see that after speaking to Mary Ann, because none of us would have voluntarily have sold into this. And, you know, sometime I'd like for Mr. Hubble to know what he got it for, so he knows exactly what he got taken for. Rountree: Thank you. Meridian City Council • • April 15, 2008 Page 53 of 81 Fulcher: Is there any -- De Weerd: No. Thank you. Tim Foster signed up against. Foster: Madam Mayor, Members of the Council, my name is Tim Foster. I own the property up in Black Rock Subdivision at 5805 Graphite Way. Sony. I'm probably not going to be too personable here, because I have got a lot to say real quick. Holman: Oh. De Weerd: Oh, your time is up. You have 30 seconds. Bird: You're in trouble. Foster: Okay. I have some concerns that need to be looked at before you guys make a decision on this subdivision. I have got about six of them I'd like to go through. The first one is the coving. Since the last meeting they say that the coving issue has been resolved. It really hasn't. As it stands, the coving area is owners' property; it will be up to the management company to enforce the rules. We all know everywhere that management companies around this valley cannot enforce issues like this or even stop people from parking trailers out on the side of the road for so long. How is their management company going to change what no one else can? By the time management companies go after things like this by starting liens and all that type of process, .the homeowners will have already cut their grass and make it look a lot better. Plus I want it noted -- I want you guys to go back to their coving areas, they finally showed a depiction of the driveways and it shows two houses shairing one driveway in this coving unit, which I feel would be very unattractive. Next is the alley lots. This was brought up by Planning and Zoning Commissioner Joe Marshall that alley-loaded lots, the Village area, might have some problems with the lot lines. The interior houses on one side will be five feet from their lot line. The next house will have an easement to be able to use that five feet for their front lawn. That way their front lawns will be approximately 25 feet at the longest side and approximately ten feet near their porch -- front porch area. There is two issues that come up with this. One, that's a five foot easement, which is technically not the user's property, so who is going to maintain that? Is the user or is the homeowner going to take care of that? Also whose .sprinkler system will water that area? Again, is it a homeowner or is it is user. We got to figure out what's going to happen in that area. The second issue -- and this is a larger one, what happens at the end lots of these ally loaded subdivision -- areas? Mr. Armstrong will tell you that they will be able to flip flop houses, that there won't be any issues with lot lines. But we need to see some pictures to prove this. If you stack their housing either way, at some point there is either going to be five feet total between two houses or one of the houses will. be five feet right up against the next road. When we get into phasing, with our current phasing and the current housing trends, the lots that Planning and Zoning and you guys have fought so hard to change are going to be several years out. As it stands, the park won't be installed until phase three, unless the City of Meridian comes up with 400,000 dollars to get this thing going. You know, a project like Meridian City Council ~ • April 15, 2008 Page 54 of 81 this with the way the current market is, is going to tum into a 15 to 20 year project. What happens when they want to revise these phases in ten years? We don't know what's going to happen. What can we do? And that doesn't even bring in the time line for arterial roads or streetlights and things like that. Really? De Weerd: If -- Foster: Okay. I will finish with that and I got a lot more, so my wife signed up next. De Weerd: Okay. Foster Yes. So, if there is any questions on what I have said so far I would be more than happy to answer them. De Weerd: Thank you. You want to get to the end of the paragraph at least. Foster: That happened to be the end of that paragraph. Yes. De Weerd: It was great timing, then. Foster: Yeah. Well, no, I got more. De Weerd: Okay. Council, any questions? Rountree: I have none. Bird: I have none. Foster: Thank you. De Weerd: Thank you. Jenny Foster, either that, Jenny, or you can give your husband your time. J.Foster: Can I give him my time? De Weerd: You bet. J.Foster: Okay. I am giving him my time. De Weerd: There you go. J.Foster: Thank you. De Weerd: Anything for unity in a marriage. There you go. Foster: Do you need her information, ma'am? Meridian City Council ~ • April 15, 2008 Page 55 of 81 De Weerd: No. I trust that you probably have the same address. Foster: Yeah. Okay. So, the fourth issue I have is on the City of Meridian future land use land act. I know that legally Castle Rock Subdivision is grandfathered into the old land use map and if you take their totals with the total amount of land, yes, they do meet into the guidelines, but you guys changed that for a reason and that area has been changed and if you guys changed it, we should stick with what you want. Fifth is the donations, 300,000 dollars for Eagle and Victory Road, which, mind you, is just for that road, not anything else. So, if they don't want to -- ACHD doesn't want to do that, they were not going to give that money. Plus, the 1.4 million dollar park, which is going to cost you guys 400,000 dollars. Stop lights -- you know, donations are great, but they shouldn't be used to sway one's idea's for a community. And if they are allowed to donate like this, the general public should be given the same right, if all it does is take money to change this, give us the chance to donate, give us the chance to, you know, created a fundraiser to change this. Because if that's what it does, you know, we should be able to decline this -- this project and unless the community will come up with it. And six is the morality. The last one. This is the most important one. Commissioner O'Brien from the Planning and Zoning Commission brought up this and I feel it's the best way for all of us. You know, is this subdivision really the moral thing to do to approve it. We all agree that Hubble is trying to make an attempt to meet your guidelines and I would say, you know, they probably have with some gray areas. But just because they meet these guidelines and they are willing to donate money, is it really the moral thing? I mean this development is at the edge of a very rural area. There isn't any real transition between them and the 20 acres that butt up against them on all sorts of different sides, you know, they meet your guidelines, but it's at the very edge. You know, they -- you have a density guideline that's three houses per acre and they are at 2.98 and that's using the parks and walkways and all this other stuff. You know, we all agree that a subdivision will be here sometime and it will -- more than likely will be, you know, Mr. Hubble 's subdivision, but is this area ready for a large one like that? I know I'm not. And I know that everyone that lives around there isn't ready for it either. And, remember, you guys have already denied their plans that have had fewer homes in this area. So, you know, like all Planning and Zoning Commissioners said at the last meeting, they said is it right -- is it the right time for this? And I would ask you guys, is it really the right time for this large of a project. And that's all I have. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. Foster: Thank you. De Weerd: Thank you. And thank you, Jenny. Carol Jarvis signed up against. Meridian City Council • April 15, 2008 Page 56 of 81 Jarvis: I'm Carol Jarvis. I live at 1875 Susanne Drive. My property abuts the west side of the subdivision there. Right where they will have a little path for the people in the community to walk around and as I think about this, who is going to buy these homes will be people with one, two, or three kids and possibly there could be as many as -- we could have 2,500 to 3,500 people in that area, in that small area, which is as many people -- more people than were in Meridian when we came here. But people move to the country they think the kids should be able to, you know, have a little freedom space area. So, I see a lot of problems and as one of the other gentlemen mentioned before, they were going to be going through his fence and where his cattle are, but we don't have any cattle in there full time, but at times there is and right now there is no mention of putting a big fence on our side of the property. They, you know, offered to do it on the south side, but nothing came up on -- I thought that on the west side there. Also, he was talking about not other affordable housing being built and I have a map that shows that there are -- Nary: You need to be on the mike. De Weerd: Mrs. Jarvis, if you can, please, talk in the mike. Jarvis: Okay. There are R-2 or R-8 properties all along the middle of the mile between Amity and Victory where there are going to be a number of lots in that size and look like quite small -- small lots also. I don't have enough detail on the map I have to really tell exactly. Most of them I think will end up being out on Eagle Road also. But most of those are either in construction or haven't been built yet. The question I had was when this area is not -- was not even in the area of impact for Meridian, why would they have an R-8 even there? It wasn't even in the impact area of the city. I mean that's a question I'm asking. I would like to know. De Weerd: Well, we will ask him all the questions at -- Jarvis: Okay. That's all I think I have tonight. De Weerd: Thank you so much, Mrs. Jarvis. Don Cantrell signed up against. Cantrell. Sony. I thought it was an R. Thank you. Cantrell: Madam Mayor, City Council Members, my name is Don Cantrell and I live at 3000 East Lake Hazel. I got the 35 acres on the south side of the property there. I will ditto everybody, but I'll just try to cut it short. Obviously, not only the concerns with the traffic, but with over 6,000 homes being listed in Treasure Valley there is, what, approximately 600 just in Meridian alone that are still available. On the 40 acres that I have got back in '96 when we were able to get ten acres subdivided on the Lake Hazel side on the far end of it, they would only allow five lots on the ten acres. Either one acre to 2.7 acres and I was under the impression that we had a moratorium on the other acres for 15 years. And I -- which means that I still got another two, three years before we could even consider doing anything, other than the cattle and the agriculture which I don't plan on doing anything for a period of time. But with that being said, we are -- we Meridian City Council r April 15, 2008 Page 57 of 81 have got four to six houses to an acre plus, because, obviously, the 3.8 acres constitutes with the roads and the parks, I believe the smallest house is going to be 800 square feet. So, it sounds like to me you can get about eight lots to an acre. So, anyway, there is just that concem. And with that being said, I'll leave it to the next. Thank you. De Weerd: Thank you. Okay. Shannon Cobert signed up against. Cobert: Good evening, Madam Mayor and Members of the Council. I apologize, I had a letter I was going to get into you guys before tonight, but time escaped me, so I'm going to read it. De Weerd: If you can state your name and address. Cobert: Oh. I'm sorry. Shannon Cobert. 2371 East Sinai, which is located in the Black Rock Subdivision. De Weerd: Thank you. Cobert: I currently live in the Black Rock Subdivision, recently established off of Eagle and Amity intersection. My husband and I purchased our property in April of 2007 and we have been attending city hearings ever since in regards to Providence Development. Please know that we are not opposed to a subdivision, as we know it will eventually happen. However, we are opposed to the amount of homes and the fact that Hubble Homes does not have a reputation as a quality builder, keeping maintenance properties for long term homeownership. We have always known that the city would eventually reach our country setting home, but with Hubble Homes Subdivisions being already having two subdivisions less than five miles away, it brings thoughts to an over pouring amount of dwellings, crowding of roads, new schools, tax issues, for property maintenance, and the overuse of land that would keep our country -- that would not keep our country living possible. It also brings a concem of a decrease in property value for all surrounding homes and property owners. I'm concerned that if this is approved it would cause a decline in the beautification to Meridian versus the growth of Meridian. The City of Meridian has looked long and hard to keep the community feeling which keeps Boise, the big city, and Nampa, the living style that they were hoping to avoid. It would be sad to see this allowed and as we would probably -- it would truly not show that Meridian is a community where we live beside our neighbors, not on top of each other. I feel, as I believe many do, that it comes down to the fact that there are just too many homes for the amount of land and that does not match the outlying properties established. If this were to be approved, I only ask that it stay within the types of residential living in the area that it was originally intended for. When we purchased the property we did not know that Providence Group was linked to Hubble Homes, nor that they had intentions of converting the turf fields into a high density jungle of mixed homes. Although Hubble feels a small amount of the area proposed for a public park should suffice us and the surrounding community, it is really obvious in the other Hubble subs and even the Black Rock Subdivision that wasn't given a family park, Meridian City Council April 15, 2008 Page 58 of 81 that they were -- they are not the community, but in so -- song. They are not -- sorry. That they were not about community, but for self advancement, which they market their many homes and properties available now for low income families, first time home buyers, and even grants for the city, et cetera, to help them achieve those homes. I believe at some point in our lives we have all bought our first home, had little to no funds in our bank account, yet we have all moved up the ladder in life. You put yourself in our shoes of the current homes and properties and owners already in these established areas and our future community growth. Thank you. De Weerd: Thank you. Justin Griffith signed up for. Griffith: I'm Justin Griffith. 2988 South Slay Creek Meridian, Idaho. And I have got some property -- 26 acres on Lake Hazel Road just about a quarter mile from this project and been to all the hearings over the last number of months and years looking at the south Meridian Comprehensive Plan changes and have tried to be a participate in those. As I have looked at this I think that this project plays an integral part of the South Eagle Road corridor with annexation and bringing city services to that area. Presently we have recently got a subdivision, Ridge Line Subdivision, which you guys approved city water to off of Eagle Road recently. We want to be annexed into the City of Meridian as soon as we can get sewer services to that area. This is going to bring city -- sewer services very close or down that Eagle comdor, which will allow future developments in that south comprehensive Eagle Road area. And so I look forward to the annexation to Meridian in the near future. I look forward to that line of annexation to occur. I think it's -- the density is what you guys are looking for and so that's what you guys are requesting and so it's not higher density that you want. I don't think that's an issue. I think Hubble is also going above and beyond by putting extra -- I did not even realize they are putting in the stop lights under amenities which will, again, as I develop my property, further just makes it that much better for me in the future. And so I think it's good that they are doing that and being proactive getting the sewer down in that area, so we can develop that area further as the services are brought to us. De Weerd: Okay. Thank you. Griffith: You bet. De Weerd: Angela Cornish. And, I'm song, if I ruin any of your names, I apologize after the fact. Cornish: Angela Cornish, 600 East Susanne Street, Boise, Idaho. And I own property at 6740 South Eagle Road, which is right near where Justin's property is and I would echo his sentiments. I'm looking forward to sewer being down in our area. I'm not only a property owner in the area, but I also am a licensed civil engineer and I design subdivisions and, personally, I think this is a very well designed subdivision. It offers a variety of housing types, pathways and trails, numerous parks. It's supportive of a future transit system, which I think is really valuable. It's consistent with the south Meridian comprehensive plan, which you guys have been working on for the last couple Meridian City Council April 15, 2008 Page 59 of 81 of years. I have been a party, too, I have been to the meetings, so I think it's been well done and I think they are doing it right and I support their project. De Weerd: Thank you. That is the names that have signed up to indicate their support or opposition. Is there anyone else who would like to provide testimony? Mr. Wood. Wood: Yes. Madam Mayor, Council Members, my name is Dan Wood. I live at 2025 East Chateau, Meridian. De Weerd: Thank you. Wood: I will go through what I want to say, because I'm sure you're going to have questions for me when I'm done. I hope anyway. I'm in support of the project and my thoughts are -- is your current Comp Plan supports this project and we do desperately need affordable housing at this time. What is this project going to bring to the community of Meridian -- I mean the developer is providing a city park, numerous pathways, what -- street lights, lots of open space, multiple levels of property ownership. I mean he's providing quite a bit it seems like. So, I think the City of Meridian really needs affordable housing at this time. So, I'm in support of that. I have got some history here, if you want me to go through some of the things. De Weerd: You do have history. Rountree: You certainly do. Bird: We'd like to hear it. Wood: Okay. So, Council Members, some of you were here when I was before you I'd say roughly in the spring of 2005. A little history here. Mrs. Fulcher, I did sit down and talk with her. She's correct in some things, but --okay. When we purchased the ground from the Fulchers, which was in May -- no. Excuse me. March of 2003, it was under a county zone. All that was allowed was a cluster development, which is why you see Black Rock, which is where the 44 lots -- that's all that was allowed to be approved. In August of 2004, a little ahead, we also purchased McKay's property. With those two pieces it allowed up to do Black Rock. Came before the City Council starting in 2005 to see if there was a way we could work something out with sewer. Ultimately, you know, we came before you guys with the understanding that we were going to do two and a half to three houses to the acre, because that's what the city wanted to see and there wouldn't be any annexation to our property until the city grew that way -- grew that far, as well as that the -- there was approval for the GARVEE bill for the off ramp. So, at that point, you know, this is why we went back to the Fulchers and said, hey, there is not going to be a major development out here for probably eight years. Eight to ten years. We all know what the market has done in the last few years. This right now -- here we are at 2008, yes, we are off, we are off two or three years. ~ But, ultimately, current Comp Plan has changed from what we met with different levels here, we are under the understanding that they would rather see two and a half to three, but, Meridian City Council April 15, 2008 Page 60 of 81 ultimately, the current Comp Plan allows for higher density than what we were led to believe. But at the same token it was disclosed to the current owners what the city wanted to see and it was disclosed to them prior to them purchasing the property. So, they were aware of it, but they also worked with you guys to see if the Comprehensive Plan would be adjusted to allow higher density. So, ultimately -- there is my three minutes. But I guess in closing, you know, I'm a little puzzled, I was under the impression part of the agreement I worked out with the city to provide sewer to Black Rock with the -- that the deeds on the lots in Black Rock would have to be disclosed that there -- that there was going to be, you know, future growth and that they would be annexed. I can't say that for sure, but that's what our agreement was. We started construction on Black Rock in the fall of 2005, late fall, and January 5th of 2006 is when Hubble Homes proposed their offer and purchased the property. So, there was a three year span of time -- from the time we bought it from the Fulchers to the time Hubble Homes purchased it and closed. My time is up. De Weerd: Council, questions for Mr. Wood? Bird: He's answered mine. De Weerd: Well, then, Iwill -- Wood: Okay. De Weerd: Because I was on Council when you came in front of us and you told us this would be a development we would be proud of. It would be unique to the area. It would be up scale. You know, I remember this discussion, so I can - I understand what the two sellers you were saying. Wood: Sure. De Weerd: And I can say that I'm very disappointed. I can say just like the property owners, we were sold a vision for that area and even though I think that is -- is a nice layout, that is not the vision that I was sold -- Wood: Okay. De Weerd: -- when we agreed to put water out there and the eventual extension of service. Wood: Sure. Madam Mayor, I -- De Weerd: So, I can understand exactly what the sellers of that property are saying. Wood: So, Madam Mayor, I don't disagree with you. I agree with what you're saying. That's exactly what I got up here and told you. But I'm also confused by the fact that your current Comp Plan that you guys adopted allows for them to do this. So, Meridian City Council ~ • April 15, 2008 Page 61 of 81 ultimately, it kind of puts us in a situation where we disclosed to them what we had told you, two and a half to three houses to the acre. They did their due diligence to follow up through -- to follow through with that. Ultimately, they chose to purchase that, realizing that it was public record what we had told you and this Council. They still chose to purchase it. But, then, the confusing portion is when you tum around and the current Comp Plan allows them to present what they are presenting tonight. And, by the way, it is creating a lot of benefits to the City of Meridian. So, that's my side of the story. De Weerd: Anything else, Council? Rountree: I have nothing. Bird: I have nothing. De Weerd: Okay. Further testimony? Oh, yes. Christie. Little: Thank you, Madam Mayor, Members of the Council. I have a name change tonight. For the record, Christie Little, representing the Ada County Highway District, 3775 Adams Street in Garden City. De Weerd: What's your last name? Little: Little. Zaremba: That's new. Little: It's old. De Weerd: Okay. Little: I just wanted to read into the record tonight a letter in response to Mr. Armstrong's proposal to donate 300,000 dollars to the signal at Eagle and Victory. So, this letter was sent in response to their offer. It's dated March 5th and it's to Mr. Armstrong from Gary Inselman, manager of right of way and development services. Dear Mr. Armstrong: ACHD shares the concerns of Hubble Homes over the timing of the improvements to the intersection of Eagle Road and Victory Road. While ACHD cannot insure the timing of a project beyond the current budget year, the generous donation from Hubble Homes of 300,000 dollars towards this important capital improvement project will go a long way in providing ACHD incentive to begin the construction of this project in 2010 as currently planned. ACRD appreciates the efforts of Hubble Homes to address the traffic impacts of the proposed Castle Rock Subdivision and the offer to contribute funds toward the Eagle Road -Victory Road intersection. So, I just wanted to clarify. Mr. Armstrong's slide said that the 300,000 dollars would be contributed if the signal was constructed in 2010 and we can't guarantee that the signal will be constructed in 2010. That's just where it is planned. Meridian City Council April 15, 2008 Page 62 of 81 De Weerd: It has been a moving target. Little: I just wanted to clarify. De Weerd: Much to our chagrin I might add. Any questions from Council? Bird: If they can find -with 300,000 sitting on the table, I hope they can find the rest of it. You don't get that thrown at you all the time. Zaremba: Never mind. I'll ask the applicant. De Weerd: Okay. Any further testimony? Ross: Madam Mayor, Council. My name is Barbara Ross. I live at 21 Waverly Drive in Horseshoe Bend, Idaho. I live in Horseshoe Bend, Idaho, because I lived in Meridian and when it took me 45 minutes to get downtown from Linder Road and I counted 17 fast food restaurants, Gene and I moved out of -- out of Ada County, which is a story in its own. I -- you know, I grew up across the street from this subdivision, across Eagle Road. I'm currently a trustee for the property across the road. My sisters and I have sat silently at these meetings. I grew up across the road -- across the road, grew up with one generation of Fulchers, watched the second generation grow up, and grew up with the McKay kids. When the McKay's and the Fulchers made the agreement with Dan Woods and whoever it was you talked to, that group, they came and they talked to my mom and they talked -and, then, mom talked to us and what they were talking about was fine with us. We went to the county meetings. What's being proposed now is not okay with us. It's too much too fast. Four hundred units and they are going to put in a stop light, that's going to be 800 more cars on the road. You can drive -- watch any bus pull up to any bus stop -- people aren't going to ride the bus, they are all one or three or nine people in a bus. I don't buy what they are saying. So, I thank you for your time. De Weerd: Okay. Any additional testimony? Yes, sir. Fabricius: My name is Mark Fabricius. I live at 1800 Susanne Drive, Meridian. De Weerd: Thank you. Fabricius: I testified at the last Planning and Zoning Commission. I -- the main reason I'm up here right now -- I wrote a rather lengthy letter that I hope provides some food for thought for you people and my letter wasn't mentioned. So, I hope that you have received it. De Weerd: It was mentioned in the introduction. Fabricius: The Planning and Zoning letter was mentioned, but not -- not the letter to you --the City Council. Meridian City Council April 15, 2008 Page 63 of 81 De Weerd: It has been received, sir. Fabricius: All right. All right. Thank you very much. De Weerd: Thank you. Okay. Anything further? I will ask at this time for the -- would Council like to hear further from Mrs. Miller? Borton: Madam Mayor? De Weerd: Yes. Borton: She's here from Texas. It's okay to give her -- De Weerd: It's the distance you travel. Miller: Thank you, Madam Mayor and Council. De Weerd: Thank you. If you will state your name again for the record. Miller: Mary Ann Miller from Houston, Texas. or Cyprus, Texas, to be correct. To go back to the original, when I -- when City Councilman Rountree asked me if we had really received anything in -- in concrete about what the acreage would amount to and what the subdivision would be like, we actually did receive and still have the original plats -- besides the original comments that I made before, we actually received the -- a preliminary plat of what the entire thing was going to be and that we received from -- from them and I think that that should be noted from the record and -- and I think that was what was proposed to you that you mentioned before and, as you said before, what we see up there is not what was proposed and that is why it is so disheartening to all of us. Thank you for your time. De Weerd: Thank you. Okay. I will ask the applicant to come with wrap-up remarks. Armstrong: Madam Mayor, Members of the City Council, I'll go through these in the order -- De Weerd: If you will state your name again. Armstrong: Oh, I'm sorry. Jerry Armstrong. 701 Allen Street, Meridian, Idaho. De Weerd: Thanks. Armstrong: First of all, regarding Senator Fulcher's letter, the specific consent means that we do have an annexation path to this property, so we can be annexed. The law change really added validity to what we are proposing here before you this evening. The other thing I wanted to add -- you will notice that Cheri Ewing, even though she provided comment, she chose not to testify tonight, because I had explained to her in Meridian City Council April 15, 2008 Page 64 of 81 the hallway that we were adding the -- the light at Amity and Eagle, as well as the one at Amity and Victory that we were contributing money towards that, so she was satisfied, that took care of her issues. I will talk about Mr. Brad Hofhines. He talked about rentals and what we do -- when we do a contract and sell a home, that what we have in our contract is that it will be their primary residence for one family and it will also be a minimum of one year. The other issue was -- he talked about Hubble Homes. Just note that the reason we provided design guidelines for the upgrade architecture was to demonstrate to you that we are not building the same product that we had that he referred to out at Charter Point. We are building a new upgraded series. We just got approved -- we redid our preliminary plat at Charter Point where we are doing the new upgraded architecture. We will start building it in June of this year. Borton: Madam Mayor? Can I interrupt real quick; because you just made comment on it. I have one question on -- on what you had said with regards to the rental issue. How would that work -- if I buy a property and there is that restriction in the contract and I have closed and I go rent it? So, you're not -- I mean Hubble is not going to sue me. Who is going prevent me from doing that? I don't understand. Armstrong: Well, it's part of the original contract that they have to demonstrate that -- in other words, it wouldn't go to a rental agency, if they wanted to come in and purchase one of our homes. They have to actually occupy the residence. De Weerd: But if it's a second buyer how do you -- Armstrong: You don't. The second buyer you don't. De Weerd: I think that -- that was your question. Borton: Well -- Armstrong: Plus, you know, the other issue is on renters -- I mean I don't consider them any different than any of us. Borton: And I -- Madam Mayor. And I'm not saying one way or the other. I don't necessarily disagree. I was just trying to figure out -- I'm not sure mechanically if I, individual homeowner, buy the house and I individually go rent it out, that there really isn't any way to prevent me from doing it. Armstrong: Well, one of the problems that we had in this market was we had a rash of people who were coming in and buying four and five houses. Well, they can't buy four or five houses from us. They can buy one. But they can't buy a series of them. And that's what happened to the market. What happened is investors from California were coming in here and because of the inexpensive housing they were buying five and six of them. So, we know who the owners are and who's buying these. Borton: Okay. Meridian City Council April 15, 2008 Page 65 of 81 Armstrong: Mary Ann Miller -- you know, the history on this -- I think Dan Woods kind of explained how that was. She questioned Hubble's financing issues. I would just like to remind her that even though we are in a tough time in the housing market and in spite of what you read in the Idaho Statesman, this whole last fall we went through a tough time in - in August through December we were selling at the rate of 40 houses a month. Our sales rate, since we have done the improved. architecture on our homes and a lot of it in Meridian, we have gone up to 60 houses a month. So, since January we are selling 60 houses a month. That's pretty brisk. We are anticipating ten to 14 houses a month at this particular site. There is also -- she mentioned the idea of larger lots. I can tell her that what is selling are smaller lots. Out at Charter Point we ran out of smaller lots and the reason we went back and re-platted something that we already had the entitlement to was the fact that market is shifting towards a smaller lot and what the -- what the market is asking for -- not only smaller lots, but what they want is more open space and more recreational and trail-ways through the housing developments, rather than them taking care of all that lawn themselves. Bonnie Cappel inquired about the notification of 300 feet. I just wanted to clarify that Ada County, where the gravel pit is, has different requirements. Theirs is a thousand feet notification and that's by Ada County ordinance. She also talked about renters and I just want to remind her that renters are still people, they are important people, they are important citizens. About 33 percent of the people who live in Ada County are renters. Barbara Fulcher talked about soccer and the impact on Eagle Road. I just want to remind her soccer is important to our youth in the community. They should have the opportunity to play soccer. Density. She talked about CC&Rs for RVs parked in driveways. Our CC&Rs do not allow for any RVs or pickups or cars to be parked in the driveway. Drug trafficking. I just don't think - - that's anon-issue. Eagle should be widened. I just want to remind her that impact fees other than what we are providing on the traffic lights, we are providing an additional two million dollars through impact fees, those fees that are necessary to the health and well being of ACHD are determined by that agency and whatever that number is that's what we will provide through this development to take care of those issues. Tim Foster brought up roving ownership and about the management. The other issue he didn't talk about was that we would do -- commit to weekly inspections and just a reminder that those coves are for a purpose, they add additional greening within the development and add larger front yards to all those lots, which is a good thing. It makes the appearance of the community a lot better. He also talked about the interior lot lines and what he's talking about is the use and benefit easement and that's on the alley-loaded product and what -- we had feedback from our project at Charter Point that we didn't have enough side yard, so we have widened those lots out at Charter Point. They were 35 feet wide. We have widened them to 40 feet, plus the five foot easement, which gives us an additional ten feet in side yard. So, we have anywhere from 16 to 20 feet of side yard on those lots. He also talked about that the phases would probably take 20 years to build out. At our project sales rate, even in the -- given the current market, this project would probably build out in a minimum of ten years. The Comprehensive Plan has been changed by this Council and we meet it. He talked about allowing a donation. I guess that's the nice thing about the private enterprises, we have the opportunity, if we would like to donate to the community, and I think we are good stewards to the Meridian City Council April 15, 2008 Page 66 of 81 community. Cheryl Jarvis talked about the kids. We are planning on having families move into this community. She mentioned a fence on the west side. If she would like, we would be happy to put in a fence on the west side, if that is desirous of this Council, you can make that as a condition of approval. She talked about Tuscany providing affordable housing and I don't think anything over 260,000 is affordable housing by my definition. The -- Don Cantrell -- let's see. Had the 35 acres on the south. He talked about the smallest house being 800 square feet. I just wanted to correct that. Our smallest home is -- starts at 950 square feet. That's a good thing. Shannon Colbert, who lives in Black Rock, is opposed to Hubble. I just want to remind those property owners at Black Rock that we did disclose to them that we were going to be building and proposing this subdivision. Also, I'll remind them that we have put design guidelines that are part of our development agreement and the other fact I want to remind those people that live in Black Rock is that we still own 22 lots up there, so we are concerned what the community looks like and, hopefully, can sell those lots. Justin Griffith talked about -- was supportive by bringing sewer and water and looking forward to the annexation and, then, we had Angela who talked about, again, the well designed project and offering future transit connection. And, then, Dan Wood talked about the need for affordable housing and how times have changed since 2003 and he went through that whole history. I was pleased that he did that. And Christie certainly clarified what our agreement is with Ada County Highway District, which we agree with that letter. And Barbara Ross talked about growing up across the street. Times do change. And I think that was all the comments that I had, unless this Commission has any other questions of me. De Weerd: Council, do you have questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: A clarification again on the 300 dollars -- 300,000 dollar donation to the signal at Eagle and -- which one is that? Victory? De Weerd: Yeah. Zaremba: Is that offer withdrawn if it's not built in 2010? Armstrong: No. The offer -- let's see. Let me get the letter. Again, what it states is the 300,000 is towards this important capital improvement project will go a long way in providing ACHD the incentive to begin the construction of this project in 2010, as currently planned. They already have the construction documents drawn for that improvement to that intersection, as well as the traffic light. What we were trying to do was push it up in the planning, because it wasn't planned within the five year horizon. So, what we were trying to do was encourage them and we see the urgency of getting that light in earlier than later, because it's always been in their -- I think it's in their ten year work plan. But certainly when private contributions come in and they are short Meridian City Council ~ • April 15, 2008 Page 67 of 81 money, they are certainly going to look at that as a positive thing and it pushes those projects up. We have done that on other development projects to get projects done ahead of time is by the developer donating money. They have -- a bird in the hand is worth two in the bush. So, that's an honest contribution, if we are entitled. Zaremba: I understand the intent. I guess my question is there are no strings attached that say this is a 300,000 dollar contribution regardless of when they build this signal; is that correct? Armstrong: The only string attached is whether or not you approve it, get us entitled. If we don't get the land entitled, then, the 300,000 goes away. That was -- that was our letter to them. Zaremba: Okay. Armstrong: But assuming it gets entitled, yeah, we give them the 300,000. Zaremba: I think that answers my question. Armstrong: The whole goal was to get it moved up to 2010, rather than in the later date. That is what this letter says. It doesn't go away. The money -- the commitment is there. The 300,000 dollars is a commitment. Zaremba: Thank you. That's the piece I was looking for. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Jeny, what kind of finish are you going to use on your -- I know you're going to use a variety of different sidings and stuff. What type do you plan on using in the subdivision? Armstrong: Councilman Bird, we committed to a minimum of three materials for the front facade of every housing unit within the development and those were read by staff, but includes rock, brick, horizontal siding, vertical siding, scallops, shingles -- there is a variety of building materials, different sidings, different colors. Bird: Is vinyl siding included in that? Armstrong: Yes. Zaremba: Madam Mayor? De Weerd: Yes. Meridian City Council April 15, 2008 Page 68 of 81 Zaremba: Did we ever clarify whether lawns and sprinkler systems would be in before the house was sold? Armstrong: Absolutely. We made that commitment. Zaremba: Okay. Armstrong: That is part of the development agreement. Zaremba: I remember the discussion, I didn't remember the outcome. Armstrong: Yes. Yes. Sprinklers and front lawns. De Weerd: And what is the percent of the accent? The accent -- the architectural accent? Armstrong: I don't think there was a percentage. Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, while Mr. Armstrong is getting that, I thought I could clarify at least my earlier statement and with Mrs. Canning's help as I read through the legislation further -- and it doesn't change what Mr. Armstrong said and I agree with him. Senator Fulcher's statement regarding clearing up a discrepancy in the code, that is an issue that Senator Fulcher had raised at previous testimony was about the difference when property was adjacent to the city, but within the area of impact. Now, after July 1 it needs to -- it can still be outside your area of impact, but it has to be within your comp plan. So, that's alittle -- a little gap that existed previously that now they have clarified more specifically. You know, Ididn't -- I didn't see that until after Mrs. Canning pointed it out that that was another little nuance they had changed. So, I wanted to make sure you knew that. It doesn't change what Mr. Armstrong said, it doesn't change this project, it doesn't change your ability to annex it, but it was just a little addition that was included and I wanted to be sure you knew that. De Weerd: Thank you. Armstrong: Madam Mayor, Members of the Council, I have the design guidelines in front of me and what it says is for wall surface treatment, the front surface area of the building shall have balustrades, bricks, stone or stucco accent. Other appropriate wall surface treatments include vertical, horizontal, board and bat and shingles, shake, hard board, and stucco. A minimum of three material types will be required on all front elevations and the one issue that the staff is saying that we can't count the balustrades, in the staff report, as one of the materials. Meridian City Council April 15, 2008 Page 69 of 81 De Weerd: Anna, have you also addressed the back sides on collectors? Canning: Madam Mayor, Members of the Council, as I understand the design guidelines have rear elevations as well. I can scroll down and -- comer elevations. Front and comer and here is rear. Front and comer. Rear. Front comer, comer, and rear. So, the design guidelines do address all elevations. Well, not anterior side, but front, rear, and comer. De Weerd: Thank you. Council, any further questions? Bird: I have none, Mayor. Rountree: I have none. Zaremba: Madam Mayor? De Weerd: Uh-huh. Zaremba: Two. One is an outstanding issue from staff about relocating a tot lot away from the lateral and a pond. Is that happening? Or do you know what I'm talking about? Lot 27, Block 43. Armstrong: Madam Mayor, Councilman Zaremba, that's a condition of approval that we have to meet with staff to get that relocated. So, we are planning on complying with that condition of approval. Zaremba: Okay. And, then, back to the stub street, which would be an extension of South Carlisle. I think the way I stated it was to the property line and now that I think of it, the property line is in the middle of a -- of Ten Mile Creek. Is that correct, center line of the creek? Armstrong: That's true. Zaremba: So, this would be another case where we would be talking about bonding for half the bridge. Is that part of the agreement? Armstrong: That's fine with us if that's what you want. Zaremba: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council April 15, 2008 Page 70 of 81 Borton: Parks question for you. If I recall the slide, there was acommitment -- a very generous -- generous one, excuse me, to provide real property and improvements that combined about 1.4 million dollars, does that -- Armstrong: That's correct. Borton: Does that .sound about right? Would it be your commitment to do so in the context of the 8 point -- is it 8.8? In the context of the real property donation of the 8.8, that that property donation be appraised and the difference between the appraised value and the 1.4 be provided in the improvements. So, should it come in at 800,000 dollars for those -- for that real property, that the additional 600,000 be utilized for the on site improvements, so there is an accurate reflection of the real price, whatever it may be. And if it's higher, then, there is fewer improvements, too. Armstrong: Okay. Councilman Borton, let me try to explain this the best I can. Our commitment that we have proposed to the parks commission is concept A, which will provide the 8.8 acres, which our purchase price for that land -- our purchase price is 125,000 an acre. In addition to that, we have proposed providing 8.8 acres worth of turf and sprinklers, as well as providing the concept and design drawings, as well as the construction management. Our total contribution is 1.462. Okay. Then, Meridian would provide the parking, pathways, trees, restrooms, shelter, dah, dah, dah. The second scenario -- let's go to concept B. The only difference in this is our original commitment to the 7.19 acres. Then, whatever the land is appraised at the 1.61 that the city would be purchasing, which is in addition to our original offer -- it doesn't matter if it's 50,000 an acre, that's your contribution. Our contribution still shown on the left-hand side of it, so it doesn't change that. Our contribution is still close to the 1.4 million dollars. Borton: Madam Mayor? De Weerd: Uh-huh. Borton: And I appreciate your understanding. It sounds like the answer is no, because what I was describing was a modified version of that that would reflect -- maybe not so much the purchase price that you have in the property, but the actual value of the donation, whatever that might be. And that's okay. I was just proposing that -- Armstrong: Councilman Borton, it's your decision on what you want to do. We are agreeable to both. The reason we proposed concept A is because it's clean, we don't have to appraise ground. We don't have to exchange it. We don't have to -- you know, cities usually have to go through disposition of property and those kinds of issues and auction and lowest bidder and all those kinds of things. We were just trying to save you the pain of going. through -- through and so we tried to come up with a solution that we were offering the same amount of money and at the end of the day the contribution by the city is pretty much the same either way, even if the property is not valued at that, it's what it is and -- Meridian City Council April 15, 2008 Page 71 of 81 Borton: Okay. Thanks. De Weerd: Any other questions, Council? Bird: I have none, Mayor. De Weerd: I guess my question is -- is it was a couple years ago that the City Council turned this project down from Hubble. What has changed since then? You know, the primary concern was the timing, the lack of the sidewalks along the road as you urbanize that area, that we are putting kids out on that -- those roads. You mentioned in your presentation it's three miles from the business parks by bike. I would hate to ride a bike out there with the traffic the way it is. And those road improvements aren't on the plan. You know, there is not too much except what has happened since that time is the intersection improvement at South Eagle Road and Victory has been delayed even longer. So, what has really changed? I'm afraid that you're going to be improving the intersection -- lighting that intersection at Amity and South Eagle before we get an intersection improvement at South Eagle and Victory, because that seems to be a favorite project to continue to delay. So, I'm just asking you what has changed? Armstrong: Well, Madam Mayor, I can't really speak to that, except that that last I guess denial from this Council was made last year, I believe. Maybe it was April of last year. I was not at Hubble Homes at that time. A lot has changed. We have changed our staffing. We have changed our approach to projects. Instead of doing subdivisions, we have committed to doing communities. De Weerd: And, Jerry, you know, I agree with that. But what has changed as far as the timing elements and the traffic and the urbanization of that area and not having adequate infrastructure to provide safety for the kids and the people on the road that we are going to be putting out there? Armstrong: Well, Madam Mayor, one of the reasons in doing community building, you provide on-site sidewalks; you provide opportunities for recreation on site, so you don't have to go off. The second is by increasing the density, which the original proposal didn't have this density, we provide higher impact fees, so that the Ada County Highway District is responsible for putting the sidewalks on Eagle Road. We don't own the land. It's a public right of way that's owned by ACRD. We don't have the control, but we are providing them with additional funds to do that. We are also providing them with additional funds to do the traffic lights. If you would rather see that money put into sidewalks or some other improvement, I would suggest we sit down with ACRD and negotiate that. The money is on the table. We are providing the money. So, if that's a preference for this Council, then, let's go and sit down with them and they have been agreeable to all the terms that we have -- we have offered to this date and we would be happy to help facilitate that discussion with them. And it's doable. We sat down with them with the light. We didn't think that was possible either, but they are accepting our money. Meridian City Council April 15, 2008 Page 72 of 81 De Weerd: Well -- and they will. But that doesn't mean it's going to go into the infrastructure supporting your development. And that's my concem. I know you showed that the impact fees for the road you will generate is over two million dollars. That's pretty substantial. But that's based on all of those houses being in there and that would be on the premise that they'd actually spend that money on that road and we all know that's not really how reality works. Armstrong: Well, Madam Mayor, I can't address ACHD's policy. They have their own policies of where they spend their money, so -- De Weerd: But, Jeny, that's my concem and -- Armstrong: I know. I know. I understand and I understand the frustration, but I don't have any control, other than we can go in and offer up ideas and work with ACHD to educate them, so that where those priorities are, you get what you want at the end of the day. It takes the true public-private partnership to do that. And we'll be right at the table with you. De Weerd: Okay. Council, anything further? Bird: I have none. De Weerd: Thank you. Okay. Council? Okay. Any further information needed by the Council? Rountree: I need no more. De Weerd: Okay. I would entertain a motion to close the public hearings on Item 11, 12 and 13. Rountree: Madam Mayor, I move to close the public hearings on Items 12, 13 and 14. Zaremba: Second. De Weerd: Well, how about 11, 12 and 13. Rountree: Eleven, twelve and thirteen. Zaremba: Second agrees. De Weerd: Because we already continued 14. Rountree: Eleven, twelve and thirteen. It's getting late. De Weerd: Okay. I have a motion and a second. Second agrees to 11, 12 and 13? Mr. Zaremba, did you second that? Meridian City Council April 15, 2008 Page 73 of 81 Zaremba: I did second it and I agree with the change. De Weerd: Okay. Thank you. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. What's your pleasure? Rountree: Madam Mayor, my comments are as follows: This is the third time I think we have heard this and boil it down to what I see are the issues that continue to come forth with this particular project. Density, traffic, timing and quality. The density issue I think is consistent with our Comprehensive Plan. The applicant has attempted to address the traffic issues, but there are still going to be additional issues in terms infrastructure and that ties into timing. When is the right time for this particular area to develop? I will go back to my old saying that I'm not necessarily in that big of a hurry to annex areas into the City of Meridian if we can't accommodate them very well. But the one item that continues to come forth -- and it's even more so tonight than it has been in the past is quality and I made a comment about quality at the last hearing and I will make the quality again. It seems that there is a -- a feeling, a sense of the community -- and not just this group -- but Hubble Homes -- and they certainly provide a portion of the market that's needed, but they have built a reputation that they are really having difficulty to get around. And with this particular application I think they have done a wonderful job of trying to do that, but they are asking us to accept what I feel is somewhat of an experiment on their part to change and I have heard that they are attempting change this in another subdivision, but an experiment of some 792 lots big and if it doesn't work, that leaves us with even more issues than we have with some of the issues that have been created already with the reputation that's -- that comes with this housing. So, I'm having a hard time changing my opinion yet that I have held in the previous times this has been before the Council. So, that's where I am at this point. De Weerd:.Thank you. Other comments from Council? Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I have -- I appreciate that each time we say no we see a little bit of an improvement the next time. But I agree with the question, what are we doing to solve Eagle Road and this -- that issue, which was one of the major issues that I voted to deny this subdivision the last time, still exists. That condition has not changed. Even though there are parts of this that do align with the Comprehensive Plan, the overriding consideration is whether or not this is in the best interest of Meridian for all of the citizens and for all of our residents. And as Councilman Rountree said, some of that is an issue of timing. I don't think we have the facilities in place for this to be the right time and I don't feel that enough has changed in the right direction, since we heard this the Meridian City Council Apri115,2008 Page 74 of 81 last time. And, granted, there have been a lot of improvements. I appreciate some of the promises and offers that are being made. I still think we are stuck with this is not yet in the best interest of Meridian. De Weerd: Thank you. Any further comments? Any additional comment? Okay. If there is no further comment, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't have a motion, but I do have a comment or two, I guess. Same one I have offered up about three times. Same testimony we have heard. Did have a couple of new ones this time, thank God. I hate to judge on quality, because we got two guys sitting side by side here that don't agree on what quality building is. Everything's to their own, what they like and what they don't like. I realize that Hubble probably has some kind of a reputation that isn't, but being in the construction trade for 42 years, how many do you want me to name don't have a good reputation. Rountree: Don't start. Bird: I won't start. But that I think is a -- is a feeble deal. The market's going to determine what you build. As far as -- I think Councilman Borton brought up a good point. You're not going to control rentals. I mean if I buy a place and I want to rent it out and it's my property, I'm going to rent it out. We hope that that -- what was being done is not being done so much because of the little bit of recession we are going through and California don't have quite enough money to buy nine and ten -- well, they can't rent out the nine and ten they are buying. So, the part I -- I think I'm most embarrassed about is we keep -- every time we told them to go back and do this and do this and we lined out the things and they went and done this done and done this and done this. So, I don't know when it stops, whether you -- you know, I stated last time we either up it or we down it, don't go back for more deals. Now, we decide to go back for more. They come back, did everything that was asked now. So, that's enough. So, that's my say. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Real briefly. I don't disagree with really any of the comments here. It's a tough balancing act. But as I have tracked the progress of this development over time I have noticed and appreciate while some concems are alleviated, a lot of concems are and there is lots of -- quite frankly, lots of positives with a difficult project in this difficult process has improved it a great deal. There are a couple hurdles that I wrestle with. Transportation really rises to the top. The timing and breadth of the improvements that are going to be created and I know there is not unlimited resources in the developer's tool chest to do everything and anything immediately, but that's a tough concern and, Meridian City Council April 15, 2008 Page 75 of 81 quite frankly, the park issue is one that I wrestled with in what's being provided and what's being asked of the city. I'm appreciative and supportive of the overall concept, but those are two of my primary reservations with the project. De Weerd: Okay. Thank you. Okay. Council, I will ask for your direction through a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: To move this along and to see how this goes, I move that we deny Item 11, request for annexation and zoning. Zaremba: Second. De Weerd: Okay. I have a motion and a second to deny Item 11. Is there any discussion? Hearing none, Madam Clerk. Roll-Call: Bird, nay; Rountree, yea; Zaremba, yea; Borton, nay. De Weerd: Madam Mayor tie breaker is aye. MOTION CARRIED: TWO AYES. TWO NAYS. MAYOR AYE. De Weerd: Item 12, PP 07-20 -- Bird: You didn't annex it. You don't even have to pass -- Nary: You still have to take up the others and deal with them. Rountree: Madam Mayor, I move that we not approve Item 12 and Item 13 for Castle Rock Subdivision preliminary plat and planned unit development. Zaremba: Second. De Weerd: I have a motion and a second on Items 12 and 13 to deny based on not annexed in the city. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, nay; Rountree, yea; Zaremba, yea; Borton, nay. De Weerd: Mayor aye. MOTION CARRIED: TWO AYES. TWO NAYS. MAYOR AYE. Meridian City Council • April 15, 2008 Page 76 of 81 Item 17: Public Hearing: ZOA 07-002 Request for a Zoning Ordinance Amendment to amend the current provisions in Chapter 3, Article E (Temporary Use Requirements) of the UDC (Title 11) and the definition of Temporary Use found in Chapter 1, Article A for Temporary Use UDC Text Amendment by the Meridian City Planning Department: De Weerd: Okay. Item 17 is a Public Hearing on ZOA 07-002. Canning: Madam Mayor, Members of the Council, I wasn't clear if we opened this Public Hearing on the previous Public Hearing. No. I'm song. I did provide testimony with regard to that. There was a memo in your packet from me. It was originally from Mr. Hood and, then, I revised it. It added some additional language with regard to the Parks Department and community events of the parks department. So, with that I believe you have the corrected text in front of you. There is just one paragraph that's being revised. The bulk of it is being deleted. And I believe Mrs. Kane has the resolution ready to go. I'm not sure if it was in your packet for today or not. Nary: Madam Mayor? Canning: It's not on the agenda, but -- Nary: Madam Mayor, Members of the Council, because this was set for the hearing and there was a change to the -- if the Council recalls, you have heard this before and you asked to bring it back once the other ordinance had been approved. So, this is the fastest clean up amendment you will ever get to have it on the same night, but because there was a change we only noticed the hearing. There is the actual ordinance in your packet. You certainly could pass it tonight, but I'd recommend we just put it on next week, so we can notice it -- we can notice it as the actual ordinance, more consistent with past process. That would probably make the most sense. De Weerd: Okay. Canning: Madam Mayor, did you have questions? You looked confused earlier. Actually, all of you looked confused earlier. No? Okay. De Weerd: Okay. Well, I'd entertain a motion to continue this item until next week, which is the 22nd. Bird: I move we continue Items 17 and 18, which are the same item to -- Nary: No. No. Eighteen. Rountree: No. Eighteen's different. Bird: Eighteen's an ordinance -- oh. Open your eyes, Keith. I move we continue Public Hearing on ZOA 07-002 until April -- Meridian City Council Apri115,2008 Page 77 of 81 De Weerd: 22nd. Bird: 22nd. Rountree: 22nd. Bird: -- 2002. Or 2008. Geez. Nary: Madam Mayor? De Weerd: Can I have a second first? Nary: Oh, sorry. Zaremba: I'll second. De Weerd: We don't have discussion during these kind of menus or -- Nary: So sorry. De Weerd: But what? Nary: Madam Mayor, Members of the Council, with your pleasure we will bring it back for a waiver of the reading rules, since, again, this is really aclean-up amendment in relation to the other one, unless you'd prefer to go through with the reading. That's your -- that's your preference. But we certainly can bring it back for a waiver. De Weerd: Okay. I have motion and a second to continue to next week. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 18: Ordinance No. IZZ 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: De Weerd: Okay. Item 18 is Ordinance No. 08-1355. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 08-1355, an ordinance finding that Projects West, Inc., the owner of certain real property has made a written request for rezone of the zoning classification RZ 07-023, Blackstone Subdivision No. 2, for real property being a parcel of land in the northwest one quarter of Section 10, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, as described in Attachment A of this ordinance and rezoning certain lands and Meridian City Council April 15, 2008 Page 78 of 81 temtory situated in Ada County, Idaho, and within the corporate limits of the City of Meridian, and rezoning the land use zoning classification of said lands from R -- low density residential district to R-8 medium density residential district in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone left here that wants it heard in its entirety? Ms. Little? Okay. Seeing none, do I have an ordinance to - I mean a motion to approve? Bird: Madam Mayor, I move we approve Ordinance 08-1355 with suspension of rules. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve Item 18. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Council, just a couple of dates to throw at you. April 16th, which is actually tomorrow, we have our 3rd Street alignment study from 4:00 to 6:30 at Meridian police department. Also, I do apologize for Monday, that we didn't have strategic planning meeting with you, but I would like to propose two dates, April 29 or May 13th from 5:00 to 9:00 -- or 5:30 to 9:30 for the strategic planning. The 29th is the fifth Tuesday, which we normally would not meet. We are -- those that are going to the leadership conference in Sun Valley would be returning on that day and we would be there in time. Bird: Oh, heavens, yeah. We always have been. De Weerd: Or the 13th is already a workshop that's set aside. What we are trying to do is do it when you regularly set your evenings aside, so we can have you all there. And so I would look for your direction on when we could reset this. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: My preference is just hit it the 29th, because I think we have already got something on the workshop, don't we? The 13th? De Weerd: Yeah. Something was just suggested. Meridian City Council ~ • April 15, 2008 Page 79 of 81 Bird: And this is something that we need to spend a good two or three or four hours. Strictly on. I'd go for the 29th myself, if everybody else is. De Weerd: Are others good with that? Zaremba: Works forme. De Weerd: The 29th? Rountree: Fine by me. Zaremba: That should be plenty of time to get back. De Weerd: Okay. And -- Zaremba: At what tirne? Rountree: 5:30. De Weerd: And -- 5:,30. And, again, I apologize for Monday, but -- Zaremba: And woulcl we do that here or at the police department? De Weerd: Okay. And, Council, we did refine the topics of discussion. We don't need comments back. W'e will get those cleaned up and get them out to you. Budget hearings, I would like to remind you the enterprise budget hearings are on June 24th and that is from 8:0(1 to noon. And July 9th is general fund and special services and that's all day. Zaremba: July 9th? De Weerd: July 9th. So, June 24th from 8:00 to noon and July 9th all day. Okay. How are you on the 17th? How am I on the 17th? How is everyone on the 17th? Zaremba: What day of the week is that? De Weerd: That's a Tuesday. And that would be from 8:00 to noon. We can check. We will say all of Cc uncil is available, so, hopefully, accounting and public works can be, too. Rountree: My comment was if we are going to schedule the budget meeting on the 17th, the Council meeting day, we ought to maybe consider having it in the evening, because we are always wondering how to get people here to participate and see what's going on. Maybe they would show up in the evening, opposed to the day time, so -- Meridian City Council Apri115,2008 Page 80 of 81 De Weerd: applications. Well, they need four hours and that would preclude I guess any Rountree: Yeah. We wouldn't schedule anything else on that -- Zaremba: 7:00 to 11:00. Or earlier. Bird: How about 6:00 to 10:00? Rountree: I just throw that out to think about. De Weerd: Well -- Rountree: We don't have to decide tonight. But the 17th we are going to do something on the budget, whether it's in the afternoon or in the evening. De Weerd: And, remember, you would have, then, staff here after hours. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, just so you know, I'm looking at the budget -- the budget calendar and they don't show anything on that week. I would -- I think as you talked about it and looking at it, I don't know if Mrs. Kilchenmann has any issues of compressing that back a week, so -- Rountree: That's true. Nary: -- there is nothing scheduled at the moment for -- that's due. The last thing on here prior to the 24th is budget dollars that work for the department. So, I think that's a - - must be a workshop that they are doing. So, just so you know. De Weerd: So, we will run that by Stacy. We will schedule the Council strategic planning workshop for April 29th and, please, note that the Mayor's prayer breakfast is on the 24th. That is 6:45 a.m. and we would love to see you there. I think probably Peggy is looking for RSVPs, I would imagine, Robert. Okay. And just to update Council on the Meridian Food Bank, I have been in discussions with Jay Schweitcer with the Ada County Highway District about the property on Bower and they won't be renewing that lease and they have asked that the Meridian Food Bank call them the first week of May and they can start discussions. So, did want to give you an update on that. With that I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. Meridian City Council April 15, 2008 Page 81 of 81 De Weerd: All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 11:08 P.M. (TAPE ON FILE OF THESE PROCEED GS) MAYOR TAMMY WEERD ATTEST: JA ~S / ~l..P / ®~ DATE APPROVED \``\`\~~\\t\\\111111ilggggqO99'~~~'t,' ~''T~ L. HOLMAN, CITY CLLR ~ y ~ •, y~ T1ffiS~ ~~` `~ 1 • April 11, 2008 MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT ITEM NO. S-A REQUEST Approve Minutes of January 7, 2008 City Council Special /Joint Workshop 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 presented at public meetings shall become properly of the City of Meridian. COMMENTS C April 11, 2008 MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT ITEM NO. $-B REQUEST Approve Minutes of March 4, 2008 City Council Regular Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: ~ CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. O ~. April 11, 2008 MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT ITEM NO. $-C REQUEST Approve Minutes of March 11, 2008 City Council Special Workshop 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: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. C • April 11, 2008 MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT ITEM NO. S-E REQUEST Approve Minutes of March 24, 2008 City Council Special 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: COMMENTS Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Mertdlan. • April 11, 2008 RZ 07-021 MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT Joint School District No. 2 ITEM NO. 5-F REQUEST Findings for Approval -- Request for a Rezone of 27.89 acres from R-4 to C-N (2.75 acres) and L-O (25.14 acres) for Education Campus Commercial southeast Corner of North Locust Grove Road and East Leigh Field Drive AGENCY COMMENTS CITY CLERK: See attached Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Ftndings CITY ATTORNEY CITY POLICE DEPT: ~` ,~ Y~ CITY FIRE DEPT: ~ .- CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~~ ~~j,,r. Date: 4- ~ ~ -®~ Phone: ~~~-~ ~® Emailed: _ ~~ f~l f~~S~a ~~-~. Staff Initials: -~ Materials presented at public meetings shall become properly of the City of Meridian. C~ ~ RECEk~ED LAPP 0 ~ 200 City C£ ~eridiar~ City Clerk C~ce CITY OF MERIDIAN E IDIAN=-- FINDINGS OF FACT, CONCLUSIONS OF LAW AND ~ ®~' DECISION & ORDER In the matter of Rezone of 27.89 acres from the R-4 (Medium Low Density Residential) zoning district to the C-N (Neighborhood Commercial) (2.75 acres) and L-O (Limited Office) (25.14 acres) zoning districts; Preliminary Plat approval of 7 commercial building lots on 25.87 acres; and Modification of the existing Development Agreement to remove the restriction for education type only uses on the site, for Education Campus Commercial, by Joint School District No. 2. Case No(s). RZ-07-021, PP-07-025, MI-08-002 For the City Council Hearing Dates of: March 4, 2008 and April 1, 2008 (Findings on the April 15, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 4, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 4, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 4, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 4, 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). RZ-07-021, PP-07-025, MI-08-002 -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, Conditions of Approval, and the Development Agreement provisions, all in the attached Staff Report for the hearing date of March 4, 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: The Applicant's Rezone request from R-4 to L-O and C-N as evidenced by having submitted the legal descriptions and exhibit map (attached in the Staff Report for the hearing date of March 4, 2008, incorporated by reference) stamped by Steven T. Haug, PLS, dated November 9, 2007, is hereby approved; 2. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 11/8/07, prepared by Engineering Solutions, is hereby conditionally approved; 3. A modification to the existing Development Agreement is approved and shall include the provisions noted in Exhibit A.4 of the attached Staff Report for the hearing date of March 4, 2008, incorporated by reference; and, 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of March 4, 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). RZ-07-021, PP-07-025, MI-OS-002 -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. 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. 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 4, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-021, PP-07-025, MI-08-002 -3- • • By action of the City Council at its regular meeting held on the ~ 5~ da of Y Ac ~1''j ~ , 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED u~w COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: Jaycee'I~olman, City Clerk Copy served upon Applicant, Attorney. ~~I~~ e Weerd A~i~1J _ 7 ~; '~. T ~ ~~ . , `~. The PlanffinB~Aap~nent, Public Works Department and City B Dated: ~'-~~-~g ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-021, PP-07-025, MI-08-002 -4- CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~ DATE OF MARCH 4, 2008 STAFF REPORT HEARING DATE: March 4, 2008 (Continued to April 1, 2008) TO: Mayor & City Council E IDIAN~'~-~`' FROM: Sonya Wafters, Associate City Planner i (208) 884-5533 SUBJECT: Education Campus Commercial • RZ-07-021 Request for Rezone of 27.89 acres from the R-4 (Medium Low Density Residential) zoning district to the C-N (Neighborhood Commercial) (2.75 acres) and L-O (Limited Office) (25.14 acres) zoning districts • PP-07-025 Request for Preliminary Plat approval of 7 commercial building lots on 25.87 acres in proposed C-N and L-O zoning districts • MI-08-002 Modification of the existing Development Agreement to remove the restriction for education type only uses on the site Note: Since the time the RZ & PP application was submitted and heard by the Planning & Zoning Commission, the applicant submitted a request for a Development Agreement modification (MI). Staff has provided additional analysis and revised the report to reflect the MI application. 1. SUIVIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Joint School District No. 2, has applied for a Rezone (RZ) of 27.89 acres from the R-4 (Medium Low Density Residential) zoning district to the C-N (Neighborhood Commercial) (2.75 acres) and the L-O (Limited Office) (25.14 acres) zoning districts. A Preliminary Plat (PP) is also proposed for 1 neighborhood commercial-zoned building lot and 6 office-zoned building lots. The proposed plat is a re-subdivision of Lots 1 and 2, Block 1, of Education Campus Subdivision. A Development Agreement modification (M17 is also requested to remove the restriction for education type uses only on the site to allow for office and retail uses, along with education uses, as permitted in the UDC per the approved zoning district. The site is located on the southeast comer of N. Locust Grove Road and E Leigh Field Drive, approximately 'h mile north of E. Ustick Road. There are currently two charter high schools on the site, an alternative school, and an area leased by the Meridian Fire Department and the Meridian Rural Fire Protection District for use as a fire safety teaching facility. A portion of the remaining vacant area was planned for much-needed new administration offices for the District. When the former Jabil facility (on Central Drive, north of the freeway and west of Locust Grove) became available, the District was able to buy the facility at a favorable price, rendering the subject land of this proposal surplus for the District. For this reason, the applicant is proposing to rezone and plat the property to make the lots more marketable for sale. Approval of a Development Agreement modification would allow the surplus property to be developed with uses other than education type uses, as allowed by the zoning district in the UDC. The subject property is currently located within the Urban Service Planning Area and the corporate boundaries of the City. Educarion Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 1 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 4, 2008 2. SUMMARY RECOMMENDATION The subject applications (RZ, PP, & MI) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Rezone, Preliminary Plat, and Development Agreement modification applications. Staff is recommending approval of the proposed Education Campus Commercial application (RZ-07-021, PP-07-025, & MI-OS-4102) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning & Zoning Commission heard the RZ and PP items on January 17, 2008 At the public hearing they moved to recommend approval of the subiect RZ and PP reauest a. Summary of Commission Public Hearing: i. In favor: Shari Stiles, Engineering Solutions (Applicant's Representative); Wendell Bigham (Applicant) ii. In opposition: None iii. Commenting: John Courtwright iv. Written testimony: None v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: None la, Kev Issue(s) of Discussion by Commission: i. None ~. Kev Commission Change(s) to Staff Recommendation: i. Strike Public Works comment #2.3 pertaining to the provision of a 20-foot wide common lot for water/sewer mains outside of the public right-of--way ii. Strike Public Works comment #2.6 in Exhibit B pertaining to existing structures being removed prior to signature on the final plat. .da Outstanding Issue(s) for City Council: i. The applicant is requesting a Development Agreement modification to remove the restriction for education tune uses only on the site (see Exhibit A 4) he M eridian City Coune'1 heard hece itemc nn March d ~nnu 9...~ s,,,-;> > nnQ st+hP earin ~ on An ril fgt. the ounc'1 annroved the cnhiect R7,_ pP_ find Mi rPn»PCt a, Summ ary of City o nc'1 ~hli Aearin¢_: i. III favor: Shari Sties and Becky McKay FnuinePrin ¢ ~nlntinnc• WPndP~~ R1Qham an _ d Eric Exlin 'nt J h l Di t i N 2 ai, In e o c oo r o onnosition: None ia1. Co mm n 'n~• None ly. W_ r itten tes 'mono: o n & Rachel ourtri ht Y. ta ll nreseIItin~ aDD icatiOII: Anna .a nin Yl. Ot her staff co men 'n on annlication: Bill o_ hns_on IL ev Iss ues of Discussion by o nc'l: y Il owin~ pedestrian wa kwav that cro ve is ~lar dri 'n rrfacgs o be trine of constructed of Haver colored or cored concret or brick a reaue to by iL Co the applicant: ncern that adeauate parking on the ite remain available for Charter 4chnnl ents and not b m i f d b t i 111, Co e co prom se y ~ ure co m rc al u e of he ci e• ncern for the safety of kids wa kinu to chool with the traffic generated by fi~tnre Com m rcial u e on h i 1y. h e e: e location of existing and mono ed pede trinn wa kwav / idewalk Education Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 2 CITY OF MERIDIAN PLANNI~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 4, 2008 yt The app~priateness of additional office uses in this area (designated for ~Tgi~hborhood Center uses) in addition to_ the existine offices on the west side of Locust Grove• yi. The requirement of a CUP for future drive-t ru uses and the prohibition of drinking a tabli hment u e 'n the C-N district ~_ Kev Council Change to to /Co mis. ion Recommendation i. 1YIQd1~y~1Qp~preement provision #4.1.10 as requested by the applicant (see provision #4 1 101: Exhibit A 4 . . . , ii. Add Development ~reement provision (see Exhibit A.4. provision #4.1.11) for all future drive-thru establishments in the C-N zo~in~ i trio to obta'n CUP approval: iii, d Development Agreement provision (see Exhibit A.4. provision #4.1.121 for ectahlishmen c t be a pro ibited u e 'n the C-N .o ink ictrict. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-07- 021, PP-07- 025, and MI-08-002, as presented in staff report for the hearing date of March 4, 2008 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-07- 021, PP-07- 025, and MI-08-002, as presented during the hearing on March 4, 2008 for the following reasons: (You should state specific reasons for denial. You should state what the applicant could do to gain your approval of the RZ & PP in the future.) Continuance I move to continue File Numbers RZ-07-021, PP-07-025, and MI-08-002 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: This site is located on the southeast corner of N. Locust Grove Road and E. Leigh Field Drive, approximately'/2 mile north of E. Ustick Road. Parcel No.'s: 82122110100 and 82122110200 SW % of Section 32, Township 4 North, Range 1 East b. Owner: Joint School District No. 2 1303 E. Central Drive Meridian, ID 83642 c. Applicant: Same as Owner d. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 Educarion Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 3 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~ DATE OF MARCH 4, 2008 e. Present Zoning: R-4 (Medium Low Density Residential) f. Present Comprehensive Plan Designation: Public/Quasi-Public g. Description of Applicant's Request: "Joint School District No. 2 (District) hereby applies for the rezoning of 2.75 acres from R-4 to C-N and 25.14 acres from R-4 to L-O with a preliminary plat for 7 lots ...Required sidewalks and landscaping are already in place. The preliminary plat provides for one neighborhood commercial lot and six limited office lots. No variances are being requested as part of this application. The land currently has two charter high schools on the site, an alternative school, and an area leased by the Meridian Fire Department and the Meridian Rural Fire Protection District for use as afire safety teaching facility. A portion of the remaining vacant area was planned for much- needed new administration offices for the District. When the former Jabil facility (on Central Drive, north of the freeway and west of Locust Grove) became available, the District was able to buy the facility at a favorable price, rendering the subject land of this proposal surplus for the District. Rezoning of the property is necessary to secure entitlements, making the lots more marketable." The applicant is also requesting a Development Agreement modifipation to remove the restriction for education type uses only on the site to allow for office and retail uses, along with education uses, as permitted in the UDC per the approved zoning district. (See Applicant's letter for more detail.) 1. Date of Preliminary Plat (attached in Exhibit A): 11/8/07 2. Date of Landscape Plan (attached in Exhibit A): 1/21/03 5. PROCESS FACT5 a. The subject application will in fact constitute a Rezone as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and 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 UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. c. 'The subject application will in fact constitute a Development Agreement modification as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the City Council on this matter. d. Newspaper notifications published on: December 31, 2007 and January 14, 2008 (Commission); February 11, and 25, 2008 (City Council) e. Radius notices mailed to properties within 300 feet on: December 21, 2007 (Commission); February 8, 2008 (City Council) f. Applicant posted notice on site by: January 5, 2008 (Commission); February 23, 2008 (City Council) 6. LAND USE a. Existing Land Use(s): There are currently two charter high schools on the site, an alternative school, and an area leased by the Meridian Fire Department and the Meridian Rural Fire Protection District for use as a fire safety teaching facility. Educarion Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 4 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEA~ DATE OF MARCH 4, 2008 b. Description of Character of Surrounding Area: The general area surrounding this site consists primarily of residential uses, with a few commercial uses (zoned C-N and L-O) to the west across Locust Grove Road. c. Adjacent Land Use and Zoning: 1. North: Single-family residential properties, zoned Rl in Ada County 2. East: Single-family residential properties in Setter Cove Subdivision, zoned R-4 and Joint School District property, zoned R-4 3. South: Single-family residential properties, zoned R-4 4. West: Commercial properties (offices), zoned C-N and L-O, and a rural residential property, zoned RUT in Ada County d. History of Previous Actions: This property (40.55 acres) was annexed by the Joint School District No. 2 in 1999 with an R-4 zoning district designation. A Development Agreement was required and recorded as part of the annexation (Instrument No. 99050961). A provision of the Development Agreement states, "That the subject annexation and zoning be limited to school education use and specifically ezclude residential subdivisions." The applicant is requesting a DA modification as part of this application to remove the aforementioned restriction. • A preliminary plat (PP-02-023) was approved in 2002 that included 2 building lots, one other lot, and a new public road on 39.23 acres of land in an R-4 zoning district. • A conditional use permit (CUP-02-035) was also approved in 2002, with the plat, for the development of a new elementary school, 2-3 new charter/professional high schools, and a school district administration building, in an R-4 zoning district. • A final plat (FP-02-026) was approved in 2002 for 2 building lots and 1 other lot on 39.23 acres in an R-4 zoning district. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: E. Leigh Field Drive Location of water: Three existing 8 inch stubs from a 12 inch line located in E. Leigh Field Drive Issues or concerns: None 2. Canals/Ditches Irrigation: NA 3. Hazards: None known 4. Proposed Zoning: NA 5. Size of Property: 27.89 acres f. Landscaping 1. Width of street buffer(s): A 25-foot wide street buffer is required along N. Locust Grove Road; a 10-foot wide street buffer is required along E. Leigh Field Drive. All street buffers shall be constructed per the standards listed in UDC 11-3B-7C. 2. Width of buffer(s) between land uses: A 20-foot wide buffer to adjoining uses is required along the south and east property boundaries adjacent to existing residences, in accordance Educarion Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 5 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEA~ DATE OF MARCH 4, 2008 with the standards listed in UDC 11-3B-9C. 3. Parking Lot Landscaping: Internal parking lot landscaping is required with future development of the commercial lots. Landscaping will be reviewed for compliance with the standards listed in UDC 11-3B-8C with each individual Certificate of Zoning Compliance application for future buildings on the site. g. Off-Street Parking: NA (Off-street parking will be Yeviewed at the time of Cei^tificate of Zoning Compliance application for each future building on the site.) h. Summary of Proposed Streets and/or Access: Access to the site will be provided from E. Leigh Field Drive, an existing public street. Direct access to N. Locust Grove Road is prohibited except for the existing driveway to the school that aligns with E. Heritage Park Street on the west side of Locust Grove Road. There is one existing north/south internal driveway to/from E. Leigh Field Drive and one existing eastlwest internal driveway to/from N. Locust Grove Road that provides access to the charter high schools and the alternative school. For addressing purposes, Staff is requesting that the existing driveways be converted to private streets (see comments and conditions stated in Section 10, Analysis, and Exhibit B of this report.) 7. COMMENTS MEETING On December 28, 2007, a joint agency and department meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. S. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Public/Quasi-Public" on the Comprehensive Plan Future Land Use Map. The Applicant is proposing to rezone the property to L-O (25.14 acres) and C-N (2.75 acres). Public/Quasi-Public areas are defined in the Comprehensive Plan as follows, "Areas are designated to preserve and protect existing private, municipal, state, and federal lands for area residents and visitors. This category includes churches and public lands (excluding parks and schools) within the Area of Impact. Upon redevelopment of such properties, a change in designation and use may be appropriate. The redevelopment of these areas should be guided by the intensity of the existing use, the underlying zoning of the property, the surrounding land uses, the location of the property, and transportation issues associated with the proposed development of the property. The appropriate land use designation and accompanying zoning for these areas will be determined by City Council on a case by case basis." Staff believes that the proposed L-O and C-N zoning is appropriate for this property and complies with the Public/Quasi-Public land use designation for the following reasons: 1) a large portion of the site is utilized by the school district (20+/- acres) and only a small portion may be sold off and redeveloped (6+/- acres). The primary use of the property as an education campus complies with the public/quasi-public land use designation; 2) education institutions are a principal permitted use in the proposed L-O and C-N zoning districts; 3) the property is located on Locust Grove Road, an arterial street, at the half mile, which generally is a good location for commercial businesses; and 4) light office/commercial uses would be compatible with the existing education campus and commercial (office) uses across the street on the west side of Locust Grove. 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): Education Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 6 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH 4, 2008 Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1, page 111). When the City established its Area of City Impact, it planned to provide City services to the subject property. The subject property is already within the corporate boundaries of the City and the existing buildings are already serviced. The City of Meridian plans to provide municipal services to the lands proposed to be developed 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 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 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. • Require all commercial and industrial businesses to install and maintain landscaping (Chapter V, Goal III, Objective D, Action 3, page 43). Internal parking lot landscaping will be reviewed with each individual Certificate of Zoning Compliance for future buildings on the site. All internal parking lot landscaping must comply with the standards listed in UDC 11-3B-8C. • Require appropriate landscaping and buffers along transportation corridors (setback, vegetation, low walls, ben~ns, etc.) (Chapter VII, Goal IV, Objective D, Action 5, Page 114) The required street buffer landscaping along Locust Grove Road and E. Leigh Field Drive was installed with the previous plat. Staff has reviewed the landscaping depicted in these buffers on the landscape plan and found it in compliance with the standards listed in UDC 11-3B-7C. However, there is a small section along Leigh Field, south of the Fire Department teaching facility where there is no street buffer. Staff is recommending that the applicant install a street buffer in this location (see Section 10 Analysis below for more information). • Plan for a variety of commercial and retail opportunities within the Impact Area (Chapter VII, Goal I, Objective B, Page 109) Staff believes that the proposed office and commercial lots will complement the existing education campus and existing commercial uses across Locust Grove Road. The proposed commercial use of a portion of the property will also provide a variety of commercial opportunities in this area of the City. • Encourage compatible uses to minimise conflicts and maximize use of land (Chapter VII, Goal IV, Page 112) Staff believes that the future office and commercial uses will be compatible with the existing education campus to the south and east and the C-N zoned properties to the west across Locust Grove. The residential properties to the north of the property proposed to be zoned L- Oand C-N will be buffered by E. Leigh Field Drive and a 1 S foot wide landscape strip. The proposed L-O and C-Nzones are the least intense of the four commercial designations, which Education Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 7 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH 4, 2008 will limit or require conditional use approval of certain more intense uses adjacent to the neighboring residential properties. The Commission and City Council should determine if the proposed L-O and C-N zoning districts and existing and proposed use of the property comply with the Public/Quasi Public land use designation for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: UDC Table 11-2B-21ists the principal permitted, accessory, and conditional or prohibited uses in the L-O and C-N zoning districts. The current use of the property as an education campus is a principal permitted use in the proposed L-O and C-N zoning districts. Please see UDC Table 11-2B-2 for a complete listing of allowed uses in the proposed L-O and C- Nzoning districts. b. Purpose Statement of the Commercial Districts: Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. REZONE (RZ): The applicant is requesting to rezone the subject property from R-4 to L-O (25.14 acres) and C-N (2.75 acres). There are currently two charter high schools, an alternative school, and an area leased by the Fire Department as a fire. safety teaching facility. When this site was originally annexed, the school district planned to build administration offices for the Joint School District on the property. Since that time the District obtained the old Jabil site where the administration offices are now housed. Because the District now has surplus property that will not be used as planned, the District wishes to eventually sell-off that portion of the property. The District believes that rezoning the property is necessary to secure entitlements, making the lots more marketable. UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement (DA) with the City of Meridian that may require some written commitment for all future uses. Staff does not believe that a new DA is necessary in this instance as there is a concurrent plat application on which conditions of approval may be placed pertaining to future development of the property. However, the applicant is requesting approval of a modification to the e~sting DA to remove the restriction for education type uses only on the site to allow uses allowed by the UDC in the proposed L-O and C-N zoning districts (see below for more information). If the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Public/Quasi-Public and the primary and current use of the property as an education campus, Staff believes that the requested L-O and C-N zoning districts are appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and findings for a rezone and Section 8 above for more information pertaining to compliance with the Comprehensive Plan. The rezone legal descriptions submitted with the application (stamped on November 9, 2007 Education Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 8 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH 4, 2008 by Steven T. Haug, PLS) are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. The applicant did not submit a conceptual development plan or building elevations depicting how the northern portion of the property may develop in the future with the rezone application. The applicant states that they do not know how the property may develop if it is sold but envisions one structure on each of the lots depicted on the plat as Lots 3, 4, and 9; Lot 5 may possibly redevelop in the future after the lease is up with the Fire Department for the fire safety teaching facility. Staff is not requiring the applicant to submit a concept plan because of the size of the proposed lots [I.5-2.2 acres or 64, 641-95, 692 sf. (the lot the fire department is leasing is 4.3 acres or 186, 754 sf.J and the building size limitations in the L-O and C-Nzoning districts. The maximum building size without design standard approval in the L-O district is 10, 000 square feet and 7, 800 square feet in the C-N district. If a structure over the aforementioned square footages is proposed, design review in accordance with the standards listed in UDC 11-3A-19C will be required. 2. PRELIlVIINARY PLAT (PP): The Applicant is requesting preliminary plat approval of 6 commercial office building lots and 1 neighborhood commercial lot on 27.89 acres of land in proposed L-O and C-N zoning districts. The preliminary plat was prepared by Engineering Solutions, dated 11/8/07, labeled as Sheet 1 of 1 PRE. Dimensional Standards: This site is required to comply with the dimensional standards of the L-O and C-N zoning districts listed in UDC Table 11-2B-3 as follows: ..DIMENSIONAL STANDARDS C-N L-0 Front setback in feet 20 20 Rear sethack in feet 25 20 Interior side setback in feet 0 10152 Strut lands buffer in feet Local 10 Collector 20 Arterial 25 En a corridor 35 Interstate 50 Landscape buffer to residential uses in feet 3 20 20 Maxmum buildin hei ht in feet 35 35 Maximum building size without design standard approval as set forth in 11-3A-19 of this title in s ware feet 7,500 10,000 Parking requirements See Chapter 3 Article C. off-street parking and loadin re uirements Landsca in re uirements See Cha ter 3 Article B. landsc~ in re uirements All setbacks shall be measured from the ultimate right-of-way for the street classification as shown on the adopted Transportation Plan. 2Minimum setback only allowed with reuse of existing residential structure. 3Where the adjacent property is vacant, the Director shall determine the adjacent property desi nation based on the Com rehensive Plan desi nation. Ezisting Structures: The site currently contains two charter high schools, an alternative school (in portables), and an area leased by the Meridian Fire Department and the Meridian Rural Fire Protection District for use as a fire safety teaching facility. All existing structures are contained within lots and comply with dimensional requirements of the L-O zone. Education Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 9 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH 4, 2008 Sidewalk: A 5-foot wide detached sidewalk currently exists on the subject property along N. Locust Grove Road and E. Leigh Field Drive. The sidewalk along Locust Grove shall be placed within a public pedestrian easement depicted on the final plat. The sidewalk along Leigh Field is currently depicted within a 40-foot wide sidewalk easement on the plat. Landscaping: The applicant has submitted a landscape plan, dated 1/21/03, prepared by Leatham-Krohn-VanOcker Architects that depicts the existing landscaping on the site that was installed with the previous plat. The Staff has reviewed the following items for compliance with current UDC standards: - Per UDC Table 11-2B-3, a 25-foot wide street buffer is required along N. Locust Grove Road, an arterial street, and a 10-foot wide street buffer is required along E. Leigh Field Drive, a local street; these buffers were installed with approval of the previous plat application. Staff has reviewed the landscaping within these buffers and found it in general compliance with the standards listed in UDC 11-3B7C. However, there is a small section of street buffer along Leigh Field, south of the Fire Department teaching facility that is missing. Staff is including as a condition of approval that this buffer shall be installed per the standards listed in UDC 11- 3B-7C. Said buffers shall be on a common lot or on a permanent easement maintained by the property owner or business owners' association. The street buffer along Locust Grove is depicted within a 35-foot wide landscape easement; however, the street buffer along Leigh Field is not depicted within a landscape easement. Staff is including a condition of approval that the street buffer along Leigh Field be placed within a minimum 10-foot wide landscape easement depicted on the final plat. Note: The landscaping within the Locust Grove street buffer south of the driveway to/from Locust Grove Road is not included on the landscape plan; however, staff has visited the site and the landscaping has been installed per the standards listed in UDC 11-3B-7C. - Per UDC Table 11-2B-3, a 20-foot wide buffer to adjoining uses is required in the proposed L-O and C-N zoning district adjacent to residential uses. The south and east property boundaries abut existing residential uses; the buffer along the south boundary was installed with the previous plat and complies with current UDC standards. The required buffer along the east boundary is not depicted on the landscape plan. Staff is including a condition of approval that a 20-foot wide buffer be installed along the east property boundary in compliance with the standards listed in UDC 11-3B-9C. - Include landscaping for the street buffer adjacent to Locust Grove Road, south of the driveway to the Charter High Schools that aligns with E. Heritage Park Street. - Parking lot landscaping in compliance with the standards listed in UDC 11-3B-8C will be required and reviewed with each Certificate of Zoning Compliance for future building on this site. - 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 prior to issuance of any Certificate of Occupancies for this site. All standards of installation should apply as listed in UDC 11-3B-14. Education Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 10 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH 4, 2008 Other than the aforementioned items, landscaping on this site complies with current UDC standards. Fencing: There is existing fencing along the south and east property boundaries adjacent to existing residences. No new fencing is proposed or required with this application. However, temporary fencing to contain debris during construction shall be installed around the lots being developed prior to release of building permits. Cross Access: Across-access easement for lots within the proposed subdivision is not depicted on the preliminary plat. Staff is including a condition of approval that cross- access be provided to all lots within the subdivision. A note depicting cross-access for all lots should be added to the face of the final plat. 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 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 used, 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. Building Elevations: The applicant has not submitted conceptual building elevations of what future commercial structures on the site may look like because it is unknown who the future tenants/owners will be. Nor have design guidelines been submitted for future structures on the site. To ensure a minimum design standard, staff is recommending as a provision of the Development Agreement that all future commercial buildings on the site comply with current design standards pertaining to architecture (i.e. facades, primary entrances, rooflines, pattern variations, and mechanical equipment), color and materials, and parking lots. Further, staff is recommending that a minimum 5-foot wide sidewalk be provided from the sidewalk along Locust Grove to the main building entrance of structures on lots that abut Locust Grove. If the sidewalk crosses a vehicular driving surface, said pathway shall be distinguished form the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. Private Streets: The applicant is not proposing private streets within this development. To enhance the safety of the development, for addressing purposes, the Fire Marshall, along with Planning staff, is requesting that a private street to/from N. Locust Grove Road to Leigh Field Drive be provided. The current driveway to/from Locust Grove should be converted to a private street and should connect to Leigh Field Drive in either it's current or future location. The Applicant should submit a Private Street application to the Planning Department for staff level approval prior to or concurrent with the final plat application (see condition of approval in Exhibit B). Per UDC 11-3F-4, all private streets shall be designed and constructed to the following standards: A. Design standards: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties. 2. Connection point: Where the point of connection of the private street is to a public street, the private street shall be approved by the Transportation Authority. Educarion Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 11 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH 4, 2008 3. Emergency vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Meridian Fire Department. 4. Gates: Gates or other obstacles shall not be allowed. B. Construction standards: 1. For conversion of an existing facility to a private street at the direction of the Fire Marshal: a. All drive aisles shall be posted as fire lanes with no parking allowed. b. If a curb exists next to the drive aisle, it shall be painted red. 2. For all other private streets: a. Roadway and storm drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the Transportation Authority or as approved by the City of Meridian based on plans submitted by a certified engineer. b. Street width: The private street shall be constructed within the easement and shall have a travel lane width of twenty-four (24) feet or twenty-six (26) feet as determined by the Fire Marshal relative to the height and size of the proposed structures that adjoin the private street. c. Sidewalks: Afive-foot (5') attached sidewalk or four-foot (4') detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. d. Fire lanes: all drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted to the Planning Department for approval prior to issuance of building permits for future building on this site. The applicant should submit revised plans that comply with the conditions of approval listed in Exhibit B of this staff report, with the CZC application. All improvements must be installed prior to occupancy. 3. DEVELOPMENT AGREEMENT MODIFICATION (1VII): When this property was annexed in 1999, a Development Agreement (Instrument No. 99050961) was entered into between the City of Meridian and the Joint School District No. 2. A provision (see existing provision #4.1.10 in Exhibit A.4) of the DA states, "That the subject annexation and zoning be limited to school educational use and specifically exclude residential subdivisions." The applicant is proposing to rezone the subject property to L-O and C-N for future sale and possible redevelopment of the lots on the northern portion of the site for light office and commercial uses. In order to develop these lots for any use other than a "school educational" use, a DA modification is required. For this reason, the applicant is requesting approval of a DA modification to remove the restriction for education type uses only on the site. Because conceptual building elevations were not submitted with this application for the future commercial structures on this site, staff is recommending a provision (see #4.1.10 in Exhibit A.4) be added to the existing DA on this site as follows: "All future buildings on the site shall comply with the design standards pertaining to architecture (i.e. facades, primary entrances, rooflines, pattern variations, and mechanical equipment), Education Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 12 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH 4, 2008 color and materials, and parking lots. Additionally, a minimum 5-foot wide sidewalk shall be provided from the sidewalk along Locust Grove to the main building entrance of all structures on lots that abut Locust Grove. If the sidewalk crosses a vehicular driving surface, said pathway shall be distinguished form the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks." Staff believes that this is necessary to ensure that future buildings on the site develop consistent with the City's minimum design standards. In addition to the two DA changes mentioned above, staff has included in Exhibit A4, a comprehensive list of all of the current DA sections that should be amended for the Joint School District #2. b. Staff Recommendation: Staff recommends approval of the subject applications (RZ-07-021, PP-07-025, & MI-08-001) based on the Findings listed in Exhibit D and the conditions listed in Exhibit B of this Staff Report for the hearing date of March 4, 2008. The Meridian Planning & Zonins Commission heard the RZ and PP items on January 17, 2008. At the public hearing they moved to recommend aunroval of the subiect RZ and PP request. ~ ' ian Citv Council_ heard these items on March 4.2008 and Auril 1.2008. At t_h_e public ~.a~~ on Ap~~, the Council aR~roved the subiect RZ, PP. and MI request. 11. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Preliminary Plat (dated: 11/8/07, labeled as Sheet 1 of 1 PRE, prepared by Engineering Solutions, LLP) 3. Landscape Plan (dated 1/21/03, labeled as Sheets L1.1-L1.3, prepared by Leatham-Krohn- VanOcker Architects) 4. Requested Modifications to Development Agreement 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 8. Central District Health Department C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Educarion Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 13 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA~ DATE OF MARCH 4, 2008 A. Drawings 1. Vicinity/Zoning Map Exhibit A CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA~ DATE OF MARCH 4, 2008 2. Preliminary Plat (dated: 11/8/07, labeled as Sheet 1 of 1 PRE, prepared by Engineering Solutions, LLP) Ip m _ ~p ti .~.,~ ~' . rt.B t'~ ifA'~'i^q.e '.lbi f4t!{O ~ ~xn-s ~Bk. U~w ~~ Ia arm ma 1 i r I i P3ELMMM19d 9 ! AaTA _~ t~_t6rt~ mqe ~~~ O ~ ~ DH ~ a ~leK •~i °a : ~u +n ~ - - ~~ ~` e~~s f P ~y ~ d ~H _ ~~gdg r !. k 1t64iG ----- aroma.. _.- -._. m°°e~~rr -___ .s~~r4 araa.P..v.l aonw !~ ~, rc.iTm.~. ~ rm.. ~- ~, wn caasr um mm rx eorma . um..da.,,, - - _ - uaew oa arz mm aww~~a raa.a mz w wrw rmtdaa can _ _'- usav vmr mru aw ~ c~ a uam~ • .aos a +n a mPCa er. w-y a rerrC tCK hR aOlstl YL cme +aar~m wes a®ra e.au m a. P srww v uei.~o ar.~mn m,9n ~ xaana iaasc aura. ne .^wu~ :mxrr~. ory ~.sne aim ecm ~ ..aen rue . a~ ,ate PRE ~m o.,rT:~ z~~~~,r~sau a .~~„mru.~ .n~„ . ~~m • ~~ "~.' • ~~n ~~ a,_A ~o,,.,A ~_.~e.' _''r -- wsaaw.~ :raiv,y we Il~l~r a " -7 y ~~w. ~ 1y,. Ir-a Exhibit A CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA~ DATE OF MARCH 4, 2008 3. Landscape Plan (dated 1/21/03, labeled as Sheets L1.1-L1.3, prepared by Leatham-Krohn- VanOcker Architects) ?, 7 LANDSCAPE NOTES~~~ ruwwe jJ i ~~ ~~ ~~ ~ ®K,~ ~~ ~~ ~ ~ s ~~~~ d3+~ L11 Exhibit A CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH 4, 2008 PLANT SCHEDULE LANDSCAPE NOTES ~~a ~~EE ~~9 ~~ i~+ ~~ ®®aaI YF 5',~_.~ -~ ° ~ ,• ~#~E ~ ~~~~ ~E ~::~ ~w,~~ ~~ a~ JENSE 78 ~ fi PLANTING PLAN MA ..~ LtZ Exhibit A < .,~ , ` ~~ ~` E. LEIGH cIELC DRIIE ~ ~ /" \~ CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 4, 2008 ~ PLANT 9CNEDIILE ~L..~ \~ l6cu.. uM asa sun ~„X -^^ '-' ~~((//~ r', l.. ... l^~F~r=~~~~ ~ n Y.mn uo. cn.uw.s .~wa svm~axr. `W°8`" ruip wa ,~ E. LEIGH FIELD DRIVE ~i /~ .~.' i LANpSGAPE NOTES~~~ } n tai _ ~ _ 1~ ~ ~ ~ .ff.wvc®e.m..+.vm~..uwrwa I, 1, ~~ I I ~ // ~_. _ _ _ _ s are++oe.~ue.ov wor.~ne ..w vmenmx ve..vs. I ~ ~ P 1 ii i ~ ~ ~ ~. i ' /~ ~ { / s... ' I r I wore co... we,.n. G I O i I K 1 I. ,.I i ~ \F. A, .' i ' .o~,~..,.~.,~. ~ NI {{ , -. Q P IY ^ I I o ~I 1 I / I p. i II y ~,. Ja.l_l I I 8' 1 ~~ J I 1 ~ f1 I r I7-_ ~ i `~~~A \ ~ I .waen~ ~u I ~ I I 1 I..I '~,I i~. li ~I ~ I '1 11~/ !~ i Jry ~ gg n Y I.. I,. d i " P. ,y~~ ~~I ..,~.,~ FUTURE SDHOOL DI9TRIGT ADt1MI5TR4TiON CENTER ~~~~ ~i~1 ptl~ ~o- S6iY a~js1l ~° 9 I ~~~ i ans ~oµays~ I I 'I I \I .e.. w,.u ~ emr.mm ~ JENSE 78 "° I\ fi PLANTING PLAN ~ __ :=...ses~ ~' Li3 Exhibit A CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEA~ DATE OF MARCH 4, 2008 4. Requested Modifications to Development Agreement (histrtunent No. 99050961): The applicant is requesting a modification to the following terms of the Development Agreement: 1.4 WHEREAS, DEVELOPER has submitted an application for au~~atiea-and-rezoning of the Property described in Exhibit A, and requested a-designations of r ,..., T,e.,~:~., ne~;ae...,:.,, ro n~ Neighborhood Business District (C- N) and Limited Office (I.-O), and has submitted a site plan.... 1.7 Add the date Findings of Fact and Conclusions of Law are approved by City Council. 3.1 The uses allowed pursuant to this Agreement are those uses allowed under CITY's Zoning Ordinance T ~ -,,-,o.,~;*., Do°:ao..~:.,, ~~ ni ,.,.,,;~oa .,. ~o,.+;,.r , , ~ nn4 «~ ~~~ for Neighborhood Business District (C-N) and Limited Office (L-O), Municipal Code of the City of Meridian. 4.2 That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. ,..., e ~e o.• and Exhibit B -Replace/nzod~ Findings of Fact/Conclusions of Law as approved by the Meridian City Council. Per the analysis in Section 10, Staff is recommending the following provision be added to the e~sting Development Agreement in Section 4: 4.1.10 All future buildings on the site shall comely with design standards pertaining to architecture (i.e. facades, primary entrances, rooflines, pattern variations, and mechanical equipment), color and materials, and Aarlfing lots. Pedestrian walkways shall be reviewed urine the Certificate of Zoning Compliance process to provide connection to E. Leighfiel Wav fie: )f the sidewalk crosses a vehicular driving surface, said pathway shall be distinguished form the vehicular driving surfaces through the use of , .~trit~ing. 4.1.11 All drive-thru establishments urouosed in the C-N zoning district shall obtain CUP Exhibit A CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 4, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 REZONE COMMENTS 1.1.1 The rezone legal descriptions submitted with the application (stamped on November 9, 2007 by Steven T. Haug, PLS) are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. 1.1.2 A Development Agreement is not required with this application. There is a development agreement currently in effect for this property (see Instrument No. 99050961). Prior to the rezone ordinance approval, the e~stin~ DA for this property shall be amended consistent with the changes listed in Ezhibit A4 of the staff report. 1.2 PRELIMINARY PLAT -SITE SPECIFIC REQU11tEMENTS 1.2.1 The preliminary plat, prepared by Engineering Solutions, LLP, dated 11/8/07, labeled as Sheet 1 of 1 PRE, is approved, with the conditions listed herein. All conditions of the previous conditional use permit (CUP-02-035) application shall also be considered conditions of the preliminary plat. The preliminary plat shall be revised as follows: a. The sidewalk along Locust Grove Road shall be placed within a public pedestrian easement depicted on the final plat. b. Across-access easement shall be provided to all lots within the subdivision via a note on the final plat or a separate recorded agreement. c. The existing driveway to/from Locust Grove Road connecting to Leigh Field Drive shall be converted to a private street and placed in either a perpetual ingress/egress easement or a single platted lot that provides access to all lots within the subdivision. d. Per UDC 11-3B-7C.2, the required street buffer along E. Leigh Field Drive shall be placed within a minimum 10-foot wide common lot or permanent easement, maintained by the property owner or business owners' association. 1.2.2 The landscape plan, prepared by Leatham-Krohn-VanOcker Architects, dated 1/21/03, is approved with the following modifications: • A minimum 10-foot wide street buffer is required adjacent to E. Leigh Field Drive, south of the Fire Department teaching facility where none currently exists. Said buffer shall be constructed in accordance with the standards listed in UDC 11-3B-7C. • A 20-foot wide landscape buffer is required along the east property boundary adjacent to existing residential uses, per UDC 11-2B-3. Said buffer shall be constructed in accordance with the standards listed in UDC 11-3B-9C. • Include landscaping for the street buffer adjacent to Locust Grove Road, south of the driveway to the Charter High Schools that aligns with E. Heritage Park Street. • Parking lot landscaping incompliance with the standards listed in UDC 11-3B-8C will be required and reviewed with each Certificate of Zoning Compliance for future building on this site. • 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 prior to issuance of any Certificate of Occupancies for this site. All standards of installation should apply as listed in UDC 11-3B-14. Exhibit B CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 4, 2008 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. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the Final Plat and Certificate of Zoning Compliance application(s). 1.2.3 Submit a Private Street application for staff level review and approval prior to or concurrent with the fmal plat application. Said private street shall connect Locust Grove to Leigh Field Drive. Said Private Street shall comply with the standards listed in UDC 11-3F-4. 1.2.4 A CZC application is required to be submitted to the Planning Department for approval prior to issuance of building permits for future building on this site. The applicant should submit revised plans that comply with the conditions of approval of this application, with the CZC application. All improvements must be installed prior to occupancy. 1.2.5 A note prohibiting direct access to N. Locust Grove Road, except for the previously approved access point to the school that aligns with E. Heritage Park Street on the west side of Locust Grove Road, shall be added to the final plat. 1.2.6 All signage for the site requires approval of a sign permit. All signage must comply with the standards listed in UDC 11-3D. 1.2.7 Temporary fencing to contain debris during construction shall be installed around the lots being developed prior to release of building permits. 1.2.8 Underground, pressurized irrigation must be provided to all lots within this development. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in E Leigh Field Drive. 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 E Leigh Field Drive. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 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 yeaz-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 Exhibit B CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 4, 2008 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 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 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 final plat per Resolution 02-374. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 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. 2.18 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. 2.17 The applicants design engineer shall certify that all seepage beds out of the public right- of-way are installed in accordance with the approved design plans. This certification must be received by the City of Meridian Public Works Department prior to the project receiving final approval. 2.19 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 Exhibit B CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEA~ DATE OF MARCH 4, 2008 approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 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 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. 3.3 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 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. Building setbacks shall be per the International Building Code for one and two story construction. 3.6 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). 3.7 A private street shall be provided from E. Locust Grove Road to E. Leigh Field Drive for addressing purposes.. 4. POLICE DEPARTMENT 4.1 The Police Department did not submit comments on this application. 5. PARKS DEPARTMENT 5.1 Provide pressurized irrigation to Lot 5 at the west side of the existing building prior to development of Lot 5. 6. SANITARY SERVICE COMPANY 6.1 SSC did not submit comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 ACRD submitted a letter to the City dated December 19, 2007 stating that they have no site specific requirements at this time due to the fact that all street improvements exist. Exhibit B CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH 4, 2008 Exhibit B CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA1~G DATE OF MARCH 4, 2008 C. Legal Description & Exhibit Map -~ _r.~.4»~: ~d~H~ 1450 t~se~Faesruswer Se. Suite 150 _ ~~R~IE~ Meridia+s.ldafio 83&42 GROUP ~~ feoa} era-asro Fax (208) ~1-5394 November 9m 2007 DEStrRIPTY0111 FQR PRt1FOS1~D EDUCATIQN CAMPUS SiJBbIt~SIt~N N0.2 Lots 1 and 2,131 1 of'Educ~itm Campus Subdivision, as f lod is Book 86 of Plans at Page 9804,; t~ecords t-fAda Cottttty, Idelia, looted in the North 1/2 of the Southwest U4 of Section 32. Township 4 c~lorih, Mange 1 East, B.M., Meridian, Ada Covuty Naha, tsnoro p®rdt~ulmrly desen'bed as follows: Congrueneittg at the West 1/4 comer of said Section 32, from which Cite Southwrest corner of said Section 32 bears South 00°31`04" West, 2658.95 feet; Thence along the West line of sttid Section 32 South 00°31'04" West, 497.11 Thence departing mid West line Sout$ 89°38'40" Fast. 48.00 feet to a point lying on the Esst rig$t of way of Id. Locust. C3~dt Rd., said beaag the Southwest comer of List 1, >~lock 1 of said Edulon Campus Subdivision and the ];2E.AL FOIlVT ©~' gEGIlVlV1RT,G. Thence along said 1xxa8t Aght of way 1Vorth 00°31'04" East, 905:48 feet t0 a point iatersectiag the S4ttthem tig$t of wag of E. Leigh field Dr.n Thence along the Southern right of way of said ~. Leip$ Field Dr: the following cow~ses• Thence North 45°00'00" 49.95 feet; Thence South 89°34'35" East, 10.64 feet; Thence 93.98 feet along the arc ofaaon-tangent ciuvve to the right, living a radnbs of 469.00 feet, s cenixnl angle of 1 I°28'S1", and a loztg chord beating South. 83°50'09" Fast, 43:~"Z feet; Thence 106.31 feet along the arc of anon-iaBgertt cturoe to the left, haying e radius of 530.50 feel, a central angle of l I °"28'54", and a long chard beating South 83°50'09" Eas~,106.13 feet; Them South 89°34'35" East, 623.98 feeta Thence 287.93 feet slang the are of a torus to the right, }tavitsg a t~adius of 274.50 a central angle of 60°05`56", and a long chord bearing South 59°31'39" East, 274,91 Pe+o f~rss8a~~l L~tati ~urtretPars Exhibit C CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH 4, 2008 ~ s®~th 29°2s'4op ~a~.99 feet: Thence 129.78. feet along tha arc of anon-tangent cove m ~e Iet~, having a radius of 325.130 feet, a central an81e of 22°32'47", and a long chord beari2ag South 40°55`02" East, 12$.92 feet io an angle point com~noa with the Alorthwest boundary of Septt~e~rf~CotveLSubdivision, as filed ~ gook 94 of Plats at Page 11436, records of Ada C" l f 11d~1A73~ Thence along the 'boundary common to said Setter Cove Subbdivision and said Lot 2,13Iock l the foll$wimg purses; Thence South 37°38'37" Rest, 126.25 feels Thence South 00°30'1$" West, 30L1i9 feet to a,poinl lying on the Southerly boundary of said Lot 2, Block 1 and the Nortlae~ boundary of Susxuner~eld Subdivision No. 3, as 81ed in Hook $9 of Plats at Paga 7047, .records of Ad$ County, Id~hos Thence along the boundary cannmon to mid Lot 2, )3lock 1 and said Summerfield Subdivisiom No. 3 end Sunmonerfeld Subdivision No. 2, as filed tat goon 69 of Plats at Page 7039, records of ~,da County, Idaho, North $9°38'4D" West, 1,279.25 feet to the POIIVT QF gECaINNtNG. Containing 25.87 acres, mare or less. 13y: Exhibit C Steven T. Baug, PLS CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 4, 2008 ~~~Hfl 1450 ~3SCWasertower 5t Suite I S0 ' S(„J-~-~'~ McHdi~n, Idaho X3642 G R~ U F t~o~ t~cel s4~.-es~o ti~aAC (2010 884-5349 ldovember 9, 240'1 l}I~sCRIis'TIO1V FOR L-O ZOPdE PROPOSED EDUCATI~AT CAMPUS SUBDIVLSION Al®. 2 A portion of mots 1 & 2, Black 1, and 'Last Leigh Field Drive relit-of way, of Education Campos Subdivision„ as filed for record in Book 86 of Plats et Page 9804, records of Ada County, Idaho, and also a portion of Worth Locust Grove Road ri8ht-of-svay, being loc~t~ in the North /a of the SW '/. of Section 32, T®wnship 4 North, Range 1 Ease, B.M., Meridian, Ada County, Idaho, and mare particularly described as follows. Conunencing at the Va'est'/q comer of mad Section 32, thence along the wrest boundmty of the S W ~. of said Section 32 South 04" 31 "04" West, 318.77 feet to the REAL. POYNT OF 16EGIlVI~TG. Thence South 89" 38'40" Past, 433.73 feet; thence North 00°21'20" Fast, 267.76 feet to a ~itit on the centerline of East Leigh Field Drive; thence along said c.enterliue: thence South 89°34'35" East, 483.39 feat to a point of curvatuue; thens 314.68 feet along the arc of a curve to the right, said curve having a radius of 340.40 feet, a delta angle of 60°05'55", crud a long chord beating South 59°31'37" Ec+st, 340.45 feet to a poirrt' of tangeacy; thetx~ Souk 29°28'40" Fast, 327.28 feet to a point of curvature; them 119.41 feet along the arc of a cun+e to the le#1, said curve having a radius of 304.40 feet, a delta angle of 22°47'29", arud a long chord bearing South 44°52'25" East, i 18.55 feet; Thence leaving said centerline South 37°38'37" West, 151.60 feet; Th~ce South 40°30' 18~ West, 301.09 feet Thence North' 89°38'44" West, 1327.25 feet to a point oa the west boundary of the S W '/. of slid Suction 32; der®f@sslaareaa Lra~wd Sarrv~gt®rs Exhibit C CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 4, 2008 'Cbence along said West boundary Nordx 00631'04" East, 678.34 feei to the 1~OINT OF BEGI4~l1VING. Contai~in~ 25.13 acres, muse or less. Prepared By: Idaho Survey C3rvup, P.C. Step ea T. Haug, PLS P oval ev w_ ME.PtIGIAH P(j~L1C SNt9Rt{g DEPT. Exhibit C CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH 4, 2008 '_~"~`"v"~-` IL7AHt? ;. `° ~asoEastvVac~rto,roersc s~ Asa :•~~ ~~ SURVEY M a~baa rY~ .~ GRiJUP . aar~e (sasy e4a-es~o Pax (209) t~4.5394 November 9, 2007 DESCIiIOaTION FOFL C-N ZQNE PROPOSED EDUCATION CAMPUS SUBDMStON N0.2 A portion of Lod 1 & 2, Black 1, end East Leigh Raid Drive righ4-af- way, of Eduoatian Carrtpus Subdivision, as filed for retard in Baak 88 of Puts at Page 9804, records of Ada Couniy, Idaho, and also a portion of North Locust t3rove Road right afi way, being located fn the Natth '1, of tha SW'!4 of Section 32, 7awt~hip 4 North, Bangs 1 East, B.M., Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the West %a t~rrter of said Sec~ian 32, thenr~, along the west boundary of the ~/ °~ of said Section 32 South pia°31'04" West, 80.50 feet to a point on the centerline of East Leigh Field Drove, the REAL POINT OF 8EC3tNNtN®. Thencae along said centerline: thence South 89°34'35° East, 83.81 feet to a paint of aJroatun3; thence 99.09 feet slang the are of a curve to the right, said taros having a radius of 4,94.50 feat, a delta angle of 11 °28°53", and a long chord bearing South 83°50'09" East, 98.92 feet to a point of r®vsrse curvature; thence 901.19 fit along the arc of a curve to the left, seial curve having a radius of 505.00 feet, a delta angle of 11°28'63.", ark a Pang chard bearing South 83°50'09" Eas#, 101.03 feat to a point of tangency; thence: Souk 89°34'35° East, 140.39 fast; Thence issuing said centerline South 00°21'ZO" West, 287.78 feet; Thence North 89°96'40" West, 433.?3 fast to a point an tl~e west boundary of the SW Ye of said Section 32; Pr®~easron®' tea~~ 3asrvey®as Exhibit C CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 4, 2008 Thence slang said West tsolJndary Narth f}0°31 `04° fast, 288..28 feet to the POINT' OF 13EGiNNING. Canta'rning 2.75 Bares, more ar I~ss. 1't~pared Sys taa12~ sum ~~~, P.c. s~ T. , r~.s ~; aPp ~~ BY ~~. °' ~ tkt-P. K5 t9EPT. G Exhibit C CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH 4, 2008 Exhibit C CITY OF MERIDIAN PLANNIPARTMENT STAFF REPORT FOR THE HEA~ DATE OF MARCH 4, 2008 D. Required Findings from Unified Development Code 1. 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 rezone the subject property to L-O (25.14 acres) and C-N (2.75 acres). The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council fmds that future development of this property will comply with the purpose statement of the commercial districts, which provides for service oriented needs of the community. Further, the existing use of the property as an education campus is a principal permitted use in both the L-O and C-N zoning districts (see Section 10 of this report for more information). c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map 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 maybe provided when determining this fording. 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 City Council fmds that the proposed zoning amendment should not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (iTDC 11-SB-3.E). This fording is not applicable to the subject rezone request. 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: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Exhibit D CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 4, 2008 The City Council fords that public services are currently provided to the southern and eastern portion of the development where the existing structures are located and can be made available to accommodate the proposed development on the northern portion of the property. (See Exhibit B of the Staff Report for more details from public service providers.) c. 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, City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. 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 fording. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's 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. f. The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic, or historic features on this site. Therefore, the City Council fmds 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 :7 April 11, 2008 MERIDIAN CITY COUNCIL MEETING April 15, 2008 PP 07-025 APPLICANT Joint School District No. 2 ITEM NO. Jr' -G REQUEST Findings for Approval -- Request for Preliminary Plat approval of 7 commercial building lots on 25.87 acres in a proposed L-O and C-N zone for Education Campus Commercial --sec of North Locust Grove Rd & E. Leigh Field 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: J OTHER: Contacted: ~~,JC.I.~ ~~( Date: ~- ~ I - d Phone: ~~ ~- ~ ~~ Emailed: _~ y ~,~~ ~~~~~. ~~ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached Minutes See attached Findings -av~" ~ ~ ~~~~ ~ APR 0 ~ 200 City Cf McY°idaa~ City Clerl~ Cce CITY OF 11!IERIDIAN E IDIAN:~-- FINDINGS OF FACT, CONCLUSIONS OF LA~V AND I ~, FI DECISION & ORDER In the matter of Rezone of 27.89 acres from the R-4 (Medium Low Density Residential) zoning district to the C-N (Neighborhood Commercial) (2.75 acres) and L-O (Limited Office) (25.14 acres) zoning districts; Preliminary Plat approval of 7 commercial building lots on 25.87 acres; and Modification of the existing Development Agreement to remove the restriction for education type only uses on the site, for Education Campus Commercial, by Joint School District No. 2. Case No(s). RZ-07-021, PP-07-025, MI-08-002 For the City Council Hearing Dates of: March 4, 2008 and April 1, 2008 (Findings on the Apri115, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 4, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing. date of March 4, 2008, incorporated by reference) 3. Application and Property Facts (see attached StafF Report for the hearing date of March 4, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 4, 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. 02-3 82 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-021, PP-07-025, MI-08-002 -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, Conditions of Approval, and the Development Agreement provisions, all in the attached Staff Report for the hearing date of March 4, 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: The Applicant's Rezone request from R-4 to L-O and C-N as evidenced by having submitted the legal descriptions and exhibit map (attached in the Staff Report for the hearing date of March 4, 2008, incorporated by reference) stamped by Steven T. Haug, PLS, dated November 9, 2007, is hereby approved; 2. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 11/8/07, prepared by Engineering Solutions, is hereby conditionally approved; 3. A modification to the existing Development Agreement is approved and shall include the provisions noted in Exhibit A.4 of the attached Staff Report for the hearing date of March 4, 2008, incorporated by reference; and, 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of March 4, 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). RZ-07-021, PP-07-025, MI-08-002 -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. 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 4, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-021, PP-07-025, MI-08-002 -3- ~~ By action of the City Council at its regular meeting held on the ~rJ day of _~ ~ , 2008. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) ~~ \~~A~„~ .\` ~ w_ __ `~ ~ Attest: ~~ ~ - ~ ~ T FO aycee Dolman, City Clerk Copy served upon Applicant, Attorney. VOTED VOTED VOTED VOTED VOTED Weerd S~~1L ~~ ~~ •~i~ ~~' T 1~~ , ~~~~~ ~,~~i'''r ````,,~~ The Plarff~g, ~pa~lnent, Public Works Department and City By~~ ~ Dated: 4- ~ "j -Q~{ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-021, PP-07-025, MI-08-002 -4- CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH 4, 2008 STAFF REPORT HEARING DATE: March 4, 2008 (Continued to April 1, 2008) TO: Mayor & City Council E IDIAN~- FROM: Sonya Wafters, Associate City Planner ' ~ (208) 884-5533 SUBJECT: Education Campus Commercial • RZ-07-021 Request for Rezone of 27.89 acres from the R-4 (Medium Low Density Residential) zoning district to the C-N (Neighborhood Commercial) (2.75 acres) and L-O (Limited Office) (25.14 acres) zoning districts • PP-07-025 Request for Preliminary Plat approval of 7 commercial building lots on 25.87 acres in proposed C-N and L-O zoning districts • MI-08-002 Modification of the existing Development Agreement to remove the restriction for education type only uses on the site Note: Since the time the RZ & PP application was submitted and heard by the Planning & Zoning Commission, the applicant submitted a request for a Development Agreement modification (MI). Staff has provided additional analysis and revised the report to reflect the MI application. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Joint School District No. 2, has applied for a Rezone (RZ) of 27.89 acres from the R-4 (Medium Low Density Residential) zoning district to the C-N (Neighborhood Commercial) (2.75 acres) and the L-O (Limited Office) (25.14 acres) zoning districts. A Preliminary Plat (PP) is also proposed for 1 neighborhood commercial-zoned building lot and 6 office-zoned building lots. The proposed plat is a re-subdivision of Lots 1 and 2, Block 1, of Education Campus Subdivision. A Development Agreement modification (Mn is also requested to remove the restriction for education type uses only on the site to allow for office and retail uses, along with education uses, as permitted in the UDC per the approved zoning district. The site is located on the southeast corner of N. Locust Grove Road and E Leigh Field Drive, approximately 'h mile north of E. Ustick Road. There are currently two charter high schools on the site, an alternative school, and an area leased by the Meridian Fire Department and the Meridian Rural Fire Protection District for use as a fire safety teaching facility. A portion of the remaining vacant area was planned for much-needed new administration offices for the District. When the former Jabil facility (on Central Drive, north of the freeway and west of Locust Grove) became available, the District was able to buy the facility at a favorable price, rendering the subject land of this proposal surplus for the District. For this reason, the applicant is proposing to rezone and plat the property to make the lots more marketable for sale. Approval of a Development Agreement modification would allow the surplus property to be developed with uses other than education type uses, as allowed by the zoning district in the UDC. The subject property is currently located within the Urban Service Planning Area and the corporate boundaries of the City. Educarion Campus Commercial RZ-07-021 PP-07-025 MI-OS-002 PAGE 1 CITY OF MERIDIAN PLANNIN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF MARCH 4, 2008 2. SUNIlVIARY RECOMMENDATION The subject applications (RZ, PP, & MI) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Rezone, Preliminary Plat, and Development Agreement modification applications. Staff is recommending approval of the proposed Education Campus Commercial application (RZ-07-021, PP-07-025, & MI-08-002) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning & ZOning Commission heard the RZ and PP items on January 17, 2008. At the public hearing they moved to recommend approval of the subject RZ and PP request. a. Summary of Commission Public Hearing: i. In favor: Shari Stiles. Engineering Solutions (Applicant's Representative); Wendell Bigham (Applicant) ii. In opposition: None iii. Commenting: John Courtwright iv. Written testimony: None v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: None .tz. Kev Issue(s) of Discussion by Commission: i. None ~_ Kev Commission Change(s) to Staff Recommendation: i. Strike Public Works comment #2.3 pertaining to the provision of a 20-foot wide common lot for water/sewer mains outside of the public right-of--way. ii. Strike Fublic Works comment #2.6 in Exhibit B pertaining to existing structures being removed prior to signature on the final plat. si, Outstanding Issue(s) for City Council: i. The applicant is requesting a Development Agreement modification to remove the restriction for education tune uses only on the site (see Exhibit A.4). ThelVi eridia~ blic City Council heard these items on March 4.2008 and April 1.2008. At the n u hearin g on _ _ ri~l let, the Council approved the subect R_7,. PP; and MI request. ,~., Summ ary of Ci Council Public Hearing: L In favor: Shari Stiles and Becky McKay, Engineering Solutions; Wendell Bid am an d F aline 2 Joint School District No ric { ai. In , , . . opposition: None jja. Co mmenting: None ly. W ritten tes 'mony: John & Rachel Courtright Y. Sta ff presenting application: nna Canning ya. Ot her staff commenting on app ication: B'll Jo n on 1Z, Key Is sues of Discussion by Council: L All owing pedestrian walkways that cross vehicular driving surfaces to be strived ins tead of constructed of pavers, colored or scored concrete or bricks. as requested by ji. Co the avplicant• ncern that adequate parking on the site remain available for Charter School by future commercial use of the site: Iii. Co ncern for the safety of kids walking to school with the traffic generated by future co mmercial uses on the site: jy, Th e location of eadsting and proposed pedestrian walkways/sidewalks: Education Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 2 CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEARI~DATE OF MARCH 4, 2008 y~ The agp~~riaten_ess of adrlitinnal office uses in this area_(desi~nated for L~,~hborhood Center uses) in arlditinn nth . e i tin offices on the west side of i.ocust Grove• yl. The renuirement of a CUP for future drive-thru uses and the prohibition of inking esta~b i m nt uses in the C-N cistrict dr ~. _ Kev Council Chan~ec to Sta /Commission Recommendation i. ~ Develop,Preement provision #4.1.10 as requested by the aRnlicant (see 1 101: E h~ A 4 rovision #4 . ,~ . . ii. Add Develonment APreement provision (see E hibit A,4, nrovision #4.1.11) for all ing district to obtain CUP annroval• future drive-thru establichmentc in th ('-N ion _ iii. dd Develonment Agreement provision (see Exhibit A.4. provision #4.1.121 for drmk~n' ~ establishments to~e_a~ohibited u e in the C-N .o ins district. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-07- 021, PP-07- 025, and MI-08-002, as presented in staff report for the hearing date of March 4, 2008 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-07- 021, PP-07- 025, and MI-08-002, as presented during the hearing on Macch 4, 2008 for the following reasons: (You should state specific reasons for denial. You should state what the applicant could do to gain your approval of the RZ & PP in the future.) Continuance I move to continue File Numbers RZ-07-021, PP-07-025, and MI-08-002 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: This site is located on the southeast corner of N. Locust Grove Road and E. Leigh Field Drive, approximately %z mile north of E. Ustick Road. Parcel No.'s: 82122110100 and 82122110200 SW '/a of Section 32, Township 4 North, Range 1 East b. Owner: Joint School District No. 2 1303 E. Central Drive Meridian, ID 83642 c. Applicant: Same as Owner d. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 Educarion Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 3 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEAI~G DATE OF MARCH 4, 2008 e. Present Zoning: R-4 (Medium Low Density Residential) f. Present Comprehensive Plan Designation: Public/Quasi-Public g. Description of Applicant's Request: "Joint School District No. 2 (District) hereby applies for the rezoning of 2.75 acres from R-4 to C-N and 25.14 acres from R-4 to L-O with a preliminary plat for 71ots ...Required sidewalks and landscaping are already in place. The preliminary plat provides for one neighborhood commercial lot and six limited office lots. No variances are being requested as part of this application. The land currently has two charter high schools on the site, an alternative school, and an area leased by the Meridian Fire Department and the Meridian Rural Fire Protection District for use as afire safety teaching facility. A portion of the remaining vacant area was planned for much- needed new administration offices for the District. When the former Jabil facility (on Central Drive, north of the freeway and west of Locust Grove) became available, the District was able to buy the facility at a favorable price, rendering the subject land of this proposal surplus for the District. Rezoning of the property is necessary to secure entitlements, making the lots more marketable." The applicant is also requesting a Development Agreement modification to remove the restriction for education type uses only on the site to allow for office and retail uses, along with education uses, as permitted in the UDC per the approved zoning district. (See Applicant's letter for more detail.) 1. Date of Preliminary Plat (attached in Exhibit A): 11/8/07 2. Date of Landscape Plan (attached in Exhibit A): 1/21/03 5. PROCESS FACTS a. The subject application will in fact constitute a Rezone as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the Commission and 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 UDC 11-SA-2, a public hearing is required before the Commission and City Council on this matter. c. The subject application will in fact constitute a Development Agreement modification as determined by City Ordinance. By reason of the provisions of UDC 11-SA-2, a public hearing is required before the City Council on this matter. d. Newspaper notifications published on: December 31, 2007 and January 14, 2008 (Commission); February 11, and 25, 2008 (City Council) e. Radius notices mailed to properties within 300 feet on: December 21, 2007 (Commission); February 8, 2008 (City Council) f. Applicant posted notice on site by: January 5, 2008 (Commission); February 23, 2008 (City Council) 6. LAND USE a. Existing Land Use(s): There are currently two charter high schools on the site, an alternative school, and an area leased by the Meridian Fire Department and the Meridian Rural Fire Protection District for use as a fire safety teaching facility. Education Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 4 CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 b. Description of Character of Surrounding Area: The general area surrounding this site consists primarily of residential uses, with a few commercial uses (zoned C-N and L-O) to the west across Locust Grove Road. c. Adjacent Land Use and Zoning: 1. North: Single-family residential properties, zoned Rl in Ada County 2. East: Single-family residential properties in Setter Cove Subdivision, zoned R-4 and Joint School District property, zoned R-4 3. South: Single-family residential properties, zoned R-4 4. West: Commercial properties (offices), zoned C-N and L-O, and a Waal residential property, zoned RUT in Ada County d. History of Previous Actions: This property (40.55 acres) was annexed by the Joint School District No. 2 in 1999 with an R-4 zoning district designation. A Development Agreement was required and recorded as part of the annexation (Instrument No. 99050961). A provision of the Development Agreement states, "That the subject annexation and zoning be limited to school education use and specifically exclude residential subdivisions." The applicant is requesting a DA modification as part of this application to remove the aforementioned restriction. • A preliminary plat (PP-02-023) was approved in 2002 that included 2 building lots, one other lot, and a new public road on 39.23 acres of land in an R-4 zoning district. • A conditional use permit (CUP-02-035) was also approved in 2002, with the plat, for the development of a new elementary school, 2-3 new charter/professional high schools, and a school district administration building, in an R-4 zoning district. • A final plat (FP-02-026) was approved in 2002 for 2 building lots and 1 other lot on 39.23 acres in an R-4 zoning district. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: E. Leigh Field Drive Location of water: Three existing 8 inch stubs from a 12 inch line located in E. Leigh Field Drive Issues or concerns: None 2. Canals/Ditches Irrigation: NA 3. Hazards: None known 4. Proposed Zoning: NA 5. Size of Property: 27.89 acres f. Landscaping 1. Width of street buffer(s): A 25-foot wide street buffer is required along N. Locust Grove Road; a 10-foot wide street buffer is required along E. Leigh Field Drive. All street buffers shall be constructed per the standards listed in UDC 11-3B-7C. Z. Width of buffer(s) between land uses: A 20-foot wide buffer to adjoining uses is required along the south and east property boundaries adjacent to existing residences, in accordance Educarion Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 5 CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 4, 2008 with the standards listed in UDC 11-3B-9C. 3. Parking Lot Landscaping: Internal parking lot landscaping is required with future development of the commercial lots. Landscaping will be reviewed for compliance with the standards listed in UDC 11-3B-8C with each individual Certificate of Zoning Compliance application for future buildings on the site. g. Off-Street Parking: NA (Off-sheet paYking will be reviewed at the time of Certificate of Zoning Compliance application for each future building on the site.) h. Summary of Proposed Streets and/or Access: Access to the site will be provided from E. Leigh Field Drive, an existing public street. Direct access to N. Locust Grove Road is prohibited except for the existing driveway to the school that aligns with E. Heritage Pazk Street on the west side of Locust Grove Road. There is one existing north/south internal driveway to/from E. Leigh Field Drive and one existing eastlwest internal driveway to/from N. Locust Grove Road that provides access to the charter high schools and the alternative school. For addressing purposes, Staff is requesting that the existing driveways be converted to private streets (see comments and conditions stated in Section 10, Analysis, and Exhibit B of this report.) 7. COMMENTS MEETING On December 28, 2007, a joint agency and department meeting was held with service providers in this azea. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOAL5 This property is designated "Public/Quasi-Public" on the Comprehensive Plan Future Land Use Map. 'The Applicant is proposing to rezone the property to L-O (25.14 acres) and C-N (2.75 acres). Public/Quasi-Public areas aze defined in the Comprehensive Plan as follows, "Areas aze designated to preserve and protect existing private, municipal, state, and federal lands for azea residents and visitors. This category includes churches and public lands (excluding pazks and schools) within the Area of Impact. Upon redevelopment of such properties, a change in designation and use may be appropriate. The redevelopment of these azeas should be guided by the intensity of the existing use, the underlying zoning of the property, the surrounding land uses, the location of the property, and transportation issues associated with the proposed development of the property. The appropriate land use designation and accompanying zoning for these areas will be determined by City Council on a case by case basis." Staff believes that the proposed L-O and C N zoning is appropriate for this property and complies with the Public/Quasi-Public land use designation for the following reasons: 1) a lazge portion of the site is utilized by the school district (20+/- acres) and only a small portion may be sold off and redeveloped (6+/- acres). The primary use of the property as an education campus complies with the public/quasi-public land use designation; 2) education institutions aze a principal permitted use in the proposed L-O and C-N zoning districts; 3) the property is located on Locust Grove Road, an arterial street, at the half mile, which generally is a good location for commercial businesses; and 4) light office/commercial uses would be compatible with the existing education campus and commercial (office) uses across the street on the west side of Locust Grove. Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): Education Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 6 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 4, 2008 Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1, page 111). When the City established its Area of City Impact, it planned to provide City services to the subject property. The subject property is already within the corporate boundaries of the City and the existing buildings are already serviced. The City of Meridian plans to provide municipal services to the lands proposed to be developed 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 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 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. • Require all commercial and industrial businesses to install and maintain landscaping (Chapter V, Goal III, Objective D, Action 3, page 43). Internal parking lot landscaping will be reviewed with each individual Certificate of Zoning Compliance for future buildings on the site. All internal parking lot landscaping must comply with the standards listed in UDC 11-3B-8C. Require appropriate landscaping and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.) (Chapter VII, Goal IV, Objective D, Action 5, Page 114) The required street buffer landscaping along Locust Grove Road and E. Leigh Field Drive was installed with the previous plat. Staff has reviewed the landscaping depicted in these buffers on the landscape plan and found it in compliance with the standards listed in UDC I1-3B-7C. However, there is a small section along Leigh Field, south of the Fire Department teaching facility where there is no street buffer. Staff is recommending that the applicant install a street buffer in this location (see Section 10 Analysis below for more information). • Plan for a variety of commercial and retail opportunities within the Impact Area (Chapter VII, Goal I, Objective B, Page 109) Staff believes that the proposed office and commercial lots will complement the existing education campus and existing commercial uses across Locust Grove Road. The proposed commercial use of a portion of the property will also provide a variety of commercial opportunities in this area of the City. • Encourage compatible uses to minimise conflicts and ma_ximi~e use of land (Chapter VII, Goal IV, Page 112) Staff believes that the future office and commercial uses will be compatible with the existing education campus to the south and east and the C-N zoned properties to the west across Locust Grove. The residential properties to the north of the property proposed to be zoned L- Oand C-N will be buffered by E. Leigh Field Drive and a 1 S foot wide landscape strip. The proposed L-O and C-Nzones are the least intense of the four commercial designations, which Education Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 7 CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 4, 2008 will limit or require conditional use approval of certain more intense uses adjacent to the neighboring residential properties. The Commission and City Council should determine if the proposed L-O and C-Nzoning districts and existing and proposed use of the property comply with the Public/Quasi Public land use designation for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: UDC Table 11-2B-21ists the principal permitted, accessory, and conditional or prohibited uses in the L-O and C-N zoning districts. The current use of the property as an education campus is a principal permitted use in the proposed L-O and C-N zoning districts. Please see UDC Table 11-2B-2 for a complete listing of allowed uses in the proposed L-O and C- Nzoning districts. b. Purpose Statement of the Commercial Districts: Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts-are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. REZONE (RZ): The applicant is requesting to rezone the subject property from R-4 to L-O (25.14 acres) and C-N (2.75 acres). There are currently two charter high schools, an alternative school, and an area leased by the Fire Department as a fire safety teaching facility. When this site was originally annexed, the school district planned to build administration offices for the Joint School District on the property. Since that time the District obtained the old Jabil site where the administration offices are now housed. Because the District now has surplus property that will not be used as planned, the District wishes to eventually sell-off that portion of the property. The District believes that rezoning the property is necessary to secure entitlements, making the lots more marketable. UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement (DA) with the City of Meridian that may require some written commitment for all future uses. Staff does not believe that a new DA is necessary in this instance as there is a concurrent plat application on which conditions of approval may be placed pertaining to future development of the property. However, the applicant is requesting approval of a modification to the e~sting DA to remove the restriction for education type uses only on the site to allow uses allowed by the UDC in the proposed L-O and C-N zoning districts (see below for more information). If the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline of the commitments of the developer being required. Based on the policies and goals contained in the Comprehensive Plan and the Future Land Use Map designation of Public/Quasi-Public and the primary and current use of the property as an education campus, Staff believes that the requested L-O and C-N zoning districts are appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and findings for a rezone and Section 8 above for more information pertaining to compliance with the Comprehensive Plan. The rezone legal descriptions submitted with the application (stamped on November 9, 2007 Education Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 8 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR T'HE HEA~G DATE OF MARCH 4, 2008 by Steven T. Haug, PLS) are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. The applicant did not submit a conceptual development plan or building elevations depicting how the northern portion of the property may develop in the future with the rezone application. The applicant states that they do not know how the property may develop if it is sold but envisions one structure on each of the lots depicted on the plat as Lots 3, 4, and 9; Lot 5 may possibly redevelop in the future after the lease is up with the Fire Department for the fire safety teaching facility. Staff is not requiring the applicant to submit a concept plan because of the size of the proposed lots [I.5-2.2 acres or 64, 641-95, 692 sf. (the lot the fzre department is leasing is 4.3 acres or 186, 754 sf.J and the building size limitations in the L-O and C-Nzoning districts. The maximum building size without design standard approval in the L-O district is 10, 000 square feet and 7, S00 square feet in the C-N district. If a structure over the aforementioned square footages is proposed, design review in accordance with the standards listed in UDC 11-3A-19C will be required. 2. PRELIlVIINARX PLAT (PP): The Applicant is requesting preliminary plat approval of 6 commercial office building lots and 1 neighborhood commercial lot on 27.89 acres of land in proposed L-O and C-N zoning districts. The preliminary plat was prepared by Engineering Solutions, dated 11/8/07, labeled as Sheet 1 of 1 PRE. Dimensional Standards: This site is required to comply with the dimensional standards of the L-O and C-N zoning districts listed in UDC Table 11-2B-3 as follows: DIMENSIONAL STANDARDS C-N L-0 Front setback in feet 20 20 Rear setback in feet 25 20 Interior side setback in feet 0 10/52 Street land buffer in feet Local 10 Collector 20 Arterial 25 En a corridor 35 Interstate 50 Landscape buffer to residential uses in feet 3 20 20 Mabmum buildin hei ht in feet 35 35 Maximum building size without design standard approval as set forth in 11-3A-19 of this title ins uare feet 7,500 10,000 Parking requirements See Chapter 3 Article C. off-street parking and loadin re uirements Landscaping requirements See Cha ter 3 Article B. landsca in re uirements All setbacks shall be measured from the ultimate right-of-way for the street classification as shown on the adopted Transportation Plan. 2Minimum setback only allowed with reuse of e~asting residential structure. 3Where .the adjacent property is vacant, the Director .shall determine 'the adjacent property desi nation based on the Comprehensive Plan desi nation. Existing Structures: The site currently contains two charter high schools, an alternative school (in portables), and an area leased by the Meridian Fire Department and the Meridian Rural Fire Protection District for use as a fire safety teaching facility. All existing structures are contained within lots and comply with dimensional requirements of the L-O zone. Education Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 9 CITY OF MERIDIAN PLANNINGARTMENT STAFF REPORT FOR THE HEDATE OF MARCH 4, 2008 Sidewalk: A 5-foot wide detached sidewalk currently exists on the subject property along N. Locust Grove Road and E. Leigh Field Drive. The sidewalk along Locust Grove shall be placed within a public pedestrian easement depicted on the final plat. The sidewalk along Leigh Field is currently depicted within a 40-foot wide sidewalk easement on the plat. Landscaping: The applicant has submitted a landscape plan, dated 1/21/03, prepared by Leatham-Krohn-VanOcker Architects that depicts the existing landscaping on the site that was installed with the previous plat. The Staff has reviewed the following items for compliance with current UDC standards: - Per UDC Table 11-2B-3, a 25-foot wide street buffer is required along N. Locust Grove Road, an arterial street, and a 10-foot wide street buffer is required along E. Leigh Field Drive, a local street; these buffers were installed with approval of the previous plat application. Staff has reviewed the landscaping within these buffers and found it in general compliance with the standards listed in UDC 11-3B7C. However, there is a small section of street buffer along Leigh Field, south of the Fire Department teaching facility that is missing. Staff is including as a condition of approval that this buffer shall be installed per the standards listed in UDC 11- 3B-7C. Said buffers shall be on a common lot or on a permanent easement maintained by the property owner or business owners' association. The street buffer along Locust Grove is depicted within a 35-foot wide landscape easement; however, the street buffer along Leigh Field is not depicted within a landscape easement. Staff is including a condition of approval that the street buffer along Leigh Field be placed within a minimum 10-foot wide landscape easement depicted on the final plat. Note: The landscaping within the Locust Grove street buffer south of the driveway to/from Locust Grove Road is not included on the landscape plan; however, staff has visited the site and the landscaping has been installed per the standards listed in UDC 11-3B-7C. - Per UDC Table 11-2B-3, a 20-foot wide buffer to adjoining uses is required in the proposed L-O and C-N zoning district adjacent to residential uses. The south and east property boundaries abut existing residential uses; the buffer along the south boundary was installed with the previous plat and complies with current UDC standards. The required buffer along the east boundary is not depicted on the landscape plan. Staff is including a condition of approval that a 20-foot wide buffer be installed along the east property boundary in compliance with the standards listed in UDC 11-3B-9C. - Include landscaping for the street buffer adjacent to Locust Grove Road, south of the driveway to the Charter High Schools that aligns with E. Heritage Park Street. - Parking lot landscaping in compliance with the standards listed in UDC 11-3B-8C will be required and reviewed with each Certificate of Zoning Compliance for future building on this site. - 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 prior to issuance of any Certificate of Occupancies for this site. All standards of installation should apply as listed in UDC 11-3B-14. Education Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 10 CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEDATE OF MARCH 4, 2008 Other than the aforementioned items, landscaping on this site complies with current UDC standards. Fencing: There is existing fencing along the south and east property boundaries adjacent to existing residences. No new fencing is proposed or required with this application. However, temporary fencing to contain debris during construction shall be installed around the lots being developed prior to release of building permits. Cross Access: Across-access easement for lots within the proposed subdivision is not depicted on the preliminary plat. Staff is including a condition of approval that cross- access be provided to all lots within the subdivision. A note depicting cross-access for all lots should be added to the face of the final plat. 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 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 used, 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. 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. Building Elevations: The applicant has not submitted conceptual building elevations of what future commercial structures on the site may look like because it is unknown who the future tenants/owners will be. Nor have design guidelines been submitted for future structures on the site. To ensure a minimum design standard, staff is recommending as a provision of the Development Agreement that all future commercial buildings on the site comply with current design standards pertaining to architecture (i.e. facades, primary entrances, rooflines, pattern variations, and mechanical equipment), color and materials, and parking lots. Further, staff is recommending that a minimum 5-foot wide sidewalk be provided from the sidewalk along Locust Grove to the main building entrance of structures on lots that abut Locust Grove. If the sidewalk crosses a vehicular driving surface, said pathway shall be distinguished form the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. Private Streets: The applicant is not proposing private streets within this development. To enhance the safety of the development, for addressing purposes, the Fire Marshall, along with Planning staff, is requesting that a private street to/from N. Locust Grove Road to Leigh Field Drive be provided. The current driveway to/from Locust Grove should be converted to a private street and should connect to Leigh Field Drive in either it's current or future location. The Applicant should submit a Private Street application to the Planning Department for staff level approval prior to or concurrent with the final plat application (see condition of approval in Exhibit B). Per UDC 11-3F-4, all private streets shall be designed and constructed to the following standards: A. Design standards: 1. Easement: The private street shall be constructed on a perpetual ingress/egress easement or a single platted lot that provides access to all applicable properties. 2. Connection point: Where the point of connection of the private street is to a public street, the private street shall be approved by the Transportation Authority. Education Campus Commercial RZ-07-021 PP-07-025 MI-OH-002 PAGE 11 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH 4, 2008 3. Emergency vehicle: The private street shall provide sufficient maneuvering area for emergency vehicles as determined and approved by the Meridian Fire Department. 4. Gates: Gates or other obstacles shall not be allowed. B. Construction standards: 1. For conversion of an existing facility to a private street at the direction of the Fire Marshal: a. All drive aisles shall be posted as fire lanes with no parking allowed. b. If a curb exists next to the drive aisle, it shall be painted red. 2. For all other private streets: a. Roadway and storm drainage: The private street shall be constructed in accord with the roadway and storm drainage standards of the Transportation Authority or as approved by the City of Meridian based on plans submitted by a certified engineer. b. Street width: The private street shall be constructed within the easement and shall have a travel lane width of twenty-four (24) feet or twenty-six (26) feet as determined by the Fire Marshal relative to the height and size of the proposed structures that adjoin the private street. c. Sidewalks: Afive-foot (5') attached sidewalk or four-foot (4') detached sidewalk shall be provided on one side of the street in commercial districts. This requirement may be waived if the applicant can demonstrate that an alternative pedestrian path exists. d. Fire lanes: all drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted to the Planning Department for approval prior to issuance of building permits for future building on this site. The applicant should submit revised plans that comply with the conditions of approval listed in Exhibit B of this staff report, with the CZC application. All improvements must be installed prior to occupancy. 3. DEVELOPMENT AGREEMENT MODIFICATION (1VII): When this property was annexed in 1999, a Development Agreement (Instrument No. 99050961) was entered into between the City of Meridian and the Joint School District No. 2. A provision (see existing provision #4.1.10 in Exhibit A.4) of the DA states, "That the subject annexation and zoning be limited to school educational use and specifically exclude residential subdivisions." The applicant is proposing to rezone the subject property to L-O and C-N for future sale and possible redevelopment of the lots on the northern portion of the site for light office and commercial uses. In order to develop these lots for any use other than a "school educational" use, a DA modification is required. For this reason, the applicant is requesting approval of a DA modification to remove the restriction for education type uses only on the site. Because conceptual building elevations were not submitted with this application for the future commercial structures on this site, staff is recommending a provision (see #4.1.10 in Exhibit A.4) be added to the existing DA on this site as follows: "All future buildings on the site shall comply with the design standards pertaining to architecture (i.e. facades, primary entrances, rooflines, pattern variations, and mechanical equipment), Educarion Campus Commercial RZ-07-021 PP-07-025 MI-OS-002 PAGE 12 CITY OF MERIDIAN PLANNIN~ARTMENT STAFF REPORT FOR THE HEDATE OF MARCH 4, 2008 color and materials, and parking lots. Additionally, a minimum 5-foot wide sidewalk shall be provided from the sidewalk along Locust Grove to the main building entrance of all structures on lots that abut Locust Grove. If the sidewalk crosses a vehicular driving surface, said pathway shall be distinguished form the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks." Staff believes that this is necessary to ensure that future buildings on the site develop consistent with the City's minimum design standards. In addition to the two DA changes mentioned above, staff has included in Exhibit A4, a comprehensive list of all of the current DA sections that should be amended for the Joint School District #2. b. Staff Recommendation: Staff recommends approval of the subject applications (82-07-021, PP-07-025, & MI-08-001) based on the Findings listed in Exhibit D and the conditions listed in Exhibit B of this Staff Report for the hearing date of March 4, 2008. The Meridian Planning & Zoning Commission heard the RZ and PP items on January 17 2008 At the public hearinE they moved to recommend approval of the subject RZ and PP request ~ Meridian City Counc'I heard he a items on March 4.2008 and April 1.2f10fi_ At the n»h1;~ arln~ On April 1St. the OllnC'1 annrov .ri the c ~hie~t R7,_ PP anri Mi rnnnact 11. E~~ITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Preliminary Plat (dated: 11/8/07, labeled as Sheet 1 of 1 PRE, prepared by Engineering Solutions, LLP) 3. Landscape Plan (dated 1/21/03, labeled as Sheets L1.1-L1.3, prepared by Leatham-Krohn- VanOcker Architects) 4. Requested Modifications to Development Agreement 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 8. Central District Health Department C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Education Campus Commercial RZ-07-021 PP-07-025 MI-08-002 PAGE 13 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 4, 2008 A. Drawings 1. Vicinity/Zoning Map Exhibit A CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 4, 2008 2. Preliminary Plat (dated: 11/8/07, labeled as Sheet 1 of 1 PRE, prepared by Engineering Solutions, LLP) P.~EIJM1Md3B IIJT ALTA 4nn u~ ypp Rrtt1¢N)~sa. _ 1 M Wffi'taL'L'S s^ssd CCJRTi' 'tS74FPiL4 = ~a ' M,y Kx&~~vaw ~ua izR~;~~` ~z,o ~~ i 1 d ~ ~ ~. °s w'~0.o ~v ~m a i~ID~i o _ amp ~' y ~°' ::~~ ice: m as e~ay .. m '.`: 1LI~ -- '-- tea: -... -. -~ w. a .o it _.7.Fm_ ~.~u~ ..`:~. .. Hamm, m.o ~ rssw ., v .~, ,.s. ~.,m.~ Wvemm s a e u ~r ®a ~~-# -- -- o~T+i *n Ts ~ ~ ~. - - - --- eras ave. ~ ~~. w. .-cy Twr ~.wm. ..lea eovv cmu m ~.a ~ S r ., .~. ~. ~....~... ~, ~. ~, ~~~m T .~ ~. .~, ~,~.. :~,.'d.~i:~ ~ ~P °" ,m n ro~ ozm ecm xu ..am«~.~ ~_ ~~ 4~MlyJ4~t64~ e uat~~AW16dt1~ 4 p~~TT4~iM1lM TmF~~~J16 16 ~A1O 459tl E L~~iO eBJ• mW ~'~~ ~~~~ +x pp 3'~~L ~~ ~ ~#- -- ¢¢ Q'> __ i~'~~~ phi; fl PRE Exhibit A CITY OF MERIDIAN PLANNII~PARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH 4, 2008 3. Landscape Plan (dated 1/21/03, labeled as Sheets L1.1-L1.3, prepared by Leatham-Krohn- VanOcker Architects) LANDBGAPE NOTE9~ 1~ ~"\~ l' o ~~ ~~~ ~~ ~~ ~ ,~ ~ z~'1 D` ~iI LL1 Exhibit A CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARI~DATE OF MARCH 4, 2008 PLANT SCHEDULE LANDSCAPE NOTES ~~ e~~~wY.~ ~, -~~~ ~ ~ °`1"x E LEiGN F ELC DRS /E -_ ~~ ~j/ ~ ~ ~~ v ~~YIY ~El~ ~t ~ ~ ~'~~ „a,~., .E ~ JENSE ~Tu ~ /h PLANTING PLAN «.. ~ L12 Exhibit A CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEARI~DATE OF MARCH 4, 2008 4. Requested Modifications to Development Agreement (Instrument No. 99050961): The applicant is requesting a modification to the following terms of the Development Agreement: 1.4 WHEREAS, DEVELOPER has submitted an application for a~€~ied-rezoning of the Property described in Exhibit A, and requested o-designations of , 1 1 ~ ^n4 ins i~~ n-a,. _...i r°a~ ~r~i, n•+. ~r,r Nei h • -- -- ,--, ,--, ,_•-.w-==-r--- ~ ----- '''' ` ~ boyhood Business District (C- N) and Limited Office (I,-O), and has submitted a site plan.... 1.7 Add the date Findings ofFact and Conclusions of Law are approved by City Council. 3.1 The uses allowed pursuant to this Agreement are those uses allowed under CITY's Zoning Ordinance r ° • T'°-~°~ ;• D ° :a°--*~°' ~ ^` °°a~~°a °* ~°°*~° > > ~ ^~Q ~D~ ~~~ for Neighborhood s Business District (C-N) and Limited Office (L-O), Municipal Code of the City of Meridian. 4.2 That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation. ti, ~t + ti, r ~t ~xnr~av~-ku th~~itF~C` •~ ~•~ r .+ ~ a ~ ~+i.• a ~ rr > > Y Y ~ i... ° t,°° °~~ and Exhibit B -Replace/inod~ Findings ofFact/Conclusions ofLaw as approved by the Meridian City Council. Per the analysis in Section 10, Staff is recommending the following provision be added to the e~sting Development Agreement in Section 4: 4.1.10 All future buildings on the site shall comely with design standards pertaining to architecture (i.e. facades, primary entrances, rooflines, pattern variations and mechanical equipment), color and materials, and parking lots. Pedestrian wa kwav ha 1 be reviewed ring the ertificate of .nnin Cmm~lance nrnepcc to nrnarirla r....na.•f-gin.. to F T.PIn $V. A.l.li~., .,ll ~+ G ~ ~~~zar,•Qiir ~ilQii h •`l -1 ~' '~ ~lr..r-..l.r.' ..,la1t fltHl~-~,A~~~~'XoVcio ihcmvm vva~in~ entrene~nf Il ~,....~. 1 ~ H. ~ 1. ~ i t ~sa~sracca:~-va-avc~caasc-avac~v~3c F~ev~ If the sidewalk crosses a vehicular driving surface. said pathway shall be distinguished form the vehicular driving surfaces through the use of trinlIIg. 4.1.11 All drive-thru a ab ichmentc nrouoced 'n he -N onin district chall obtain ('LTP Exhibit A CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 4, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 REZONE COMMENTS 1.1.1 The rezone legal descriptions submitted with the application (stamped on November 9, 2007 by Steven T. Haug, PLS) are accurate and meet the requirements of the City of Meridian and Idaho State Tax Commission. 1.1.2 A Development Agreement is not required with this application. There is a development agreement currently in effect for this property (see Instrument No. 99050961). Prior to the rezone ordinance approval, the e~stin~ DA for this property shall be amended consistent with the changes listed in Ezhibit A4 of the staff report. 1.2 PRELIMINARY PLAT -SITE SPECIFIC REQUIREMENTS 1.2.1 The preliminary plat, prepared by Engineering Solutions, LLP, dated 11/8/07, labeled as Sheet 1 of 1 PRE, is approved, with the conditions listed herein. All conditions of the previous conditional use permit (CUP-02-035) application shall also be considered conditions of the preliminary plat. The preliminary plat shall be revised as follows: a. The sidewalk along Locust Grove Road shall be placed within a public pedestrian easement depicted on the fmal plat. b. Across-access easement shall be provided to all lots within the subdivision via a note on the fmal plat or a separate recorded agreement. c. The existing driveway to/from Locust Grove Road connecting to Leigh Field Drive shall be converted to a private street and placed in either a perpetual ingress/egress easement or a single platted lot that provides access to all lots within the subdivision. d. Per UDC 11-3B-7C.2, the required street buffer along E. Leigh Field Drive shall be placed within a minimum 10-foot wide common lot or permanent easement, maintained by the property owner or business owners' association. 1.2.2 The landscape plan, prepared by Leatham-Krohn-VanOcker Architects, dated 1/21/03, is approved with the following modifications: • A minimum 10-foot wide street buffer is required adjacent to E. Leigh Field Drive, south of the Fire Department teaching facility where none currently exists. Said buffer shall be constructed in accordance with the standards listed in UDC 11-3B-7C. • A 20-foot wide landscape buffer is required along the east property boundary adjacent to existing residential uses, per UDC 11-2B-3. Said buffer shall be constructed in accordance with the standards listed in UDC 11-3B-9C. • Include landscaping for the street buffer adjacent to Locust Grove Road, south of the driveway to the Charter High Schools that aligns with E. Heritage Park Street. • Parking lot landscaping in compliance with the standards listed in UDC 11-3B-8C will be required and reviewed with each Certificate of Zoning Compliance for future building on this site. • A written certificate of completion should be prepared by the landscape azchitect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department prior to issuance of any Certificate of Occupancies for this site. All standards of installation should apply as listed in UDC 11-3B-14. Exhibit B CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH 4, 2008 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. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the Final Plat and Certificate of Zoning Compliance application(s). 1.2.3 Submit a Private Street application for staff level review and approval prior to or concurrent with the final plat application. Said private street shall connect Locust Grove to Leigh Field Drive. Said Private Street shall comply with the standards listed in UDC 11-3F-4. 1.2.4 A CZC application is required to be submitted to the Planning Department for approval prior to issuance of building permits for future building on this site. The applicant should submit revised plans that comply with the conditions of approval of this application, with the CZC application. All improvements must be installed prior to occupancy. 1.2.5 A note prohibiting direct access to N. Locust Grove Road, except for the previously approved access point to the school that aligns with E. Heritage Park Street on the west side of Locust Grove Road, shall be added to the final plat. 1.2.6 All signage for the site requires approval of a sign permit. All signage must comply with the standards listed in UDC 11-3D. 1.2.7 Temporary fencing to contain debris during construction shall be installed around the lots being developed prior to release of building permits. 1.2.8 Underground, pressurized irrigation must be provided to all lots within this development. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in E Leigh Field Drive. 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 E Leigh Field Drive. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 ~~}}~F}g~F1f ~xr~cr TL.e 1 ~ L. 11 1. 0.7 ..;~1. 1.1 1 a a a aL i-+• r ~: 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 Exhibit B CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEARI~DATE OF MARCH 4, 2008 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 •J~a~-ra~irtan * ~ t, 11 L ~,.; .. r„ ..r,...e rL ~ 1 1 4 L aL n•~ r _ a 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 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 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. 2.18 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. 2.17 The applicants design engineer shall certify that all seepage beds out of the public right- of-way are installed in accordance with. the approved design plans. This certification must be received by the City of Meridian Public Works Department prior to the project receiving final approval. 2.19 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 Exhibit B CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 4, 2008. approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 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 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. 3.3 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 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. Building setbacks shall be per the International Building Code for one and two story construction. 3.6 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). 3.7 A private street shall be provided from E. Locust Grove Road to E. Leigh Field Drive for addressing purposes. 4. POLICE DEPARTMENT 4.1 The Police Department did not submit comments on this application. 5. PARKS DEPARTMENT 5.1 Provide pressurized imgation to Lot 5 at the west side of the existing building prior to development of Lot 5. 6. SANITARY SERVICE COMPANY 6.1 SSC did not submit comments on this application. 7. ADA COUNTY HIGIIWAY DISTRICT 7.1 ACRD submitted a letter to the City dated December 19, 2007 stating that they have no site specific requirements at this time due to the fact that all street improvements exist. Exhibit B CITY OF MERIDIAN PLANNINARTMENT STAFF REPORT FOR THE HEDATE OF MARCH 4, 2008 Exhibit B CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 4, 2008 C. Legal Description & Exhibit Map -' IDA-HC~ SURVEY GROUP 145© EstYYatertavoer St Suite l50 Meridian, Idaho 88842 Photre (Z~ 848-6570 Pax ~ 884.5349 Navemhcr 9a 2007 DE9C~PTICON FOR PROPOSED .EDUCATION CANII~LIS SUBDIVISION NO. ~ Lots 1 and 2, Biotic 1 of Eduction Ceatpus Subdivision, as filed in Book 86 of Plats at Page 9H04, r~ords ofAda Couaty, Idaho, located In the hiorth 1/2 of the Southwest 114 of Seeptt~n 32. Township 4 hlortlz, Range 1 East,13.M., Meridian, Ada t=ousrt}r Tdeho, wore par~hictilarlY descr~"bai as foilo~vys: Cummencit~ at the West 1/~ of said Section 32, from which the Southwest corner of mid Secl3on 32 bears South till°31`04" West, 265$.95 feet; ,~ the West line of said Section 32 South Ob°31'04" West, 997.11 lid Thence departing said West line South 89°38'40" Tiasto 48.00 feet to a p©i~ Iying on the East right of way of 1`1. Locatst Grove Rd., said 1 being the Soutttwesf co>$er of Lot I, Block 1 of said F.du~:ion Gagzpus Subdivision and the P017VT OF` BEGINNING. Thence along said Lust tight of way North 00°31'04" East, 905.48 feet to a point intersecting the Sautberat,ught ofway afE. Leigh Field Dr.r Thence along the Southern right of way of said E. Leigh Field Dr. the foilow~ courses: Thence North 45A00'00" East,; 49.93 fast; Thence South 89°34'35" Fast, 10.64 fasts Thence 93.98 feet slang the arc ofa tton-tsngexst curve to ~s night, ham a radius of 459.0 feet, 8 ceatnal angle of i i°28'S1", and a long chord South 83°Sb'09" East, 93:82 fast; Thence 106.31 feat along the arc of anon-tangent cuuve to the leR, having a radius of 530.50 feet, a central angle of 11°28'54", ami a long chord bear~g South 83°StPD9" F.ast,106.13f~st;. Thene~ South 89°34'35" East, 623.78 feet; Thence 287.93 feet along the arc of a torus to the right, having a radius of 274.54 a eentraI eagle of 60a05'S6", and a long chord beating South 59°31`37" 274.91 1'~®fessiaaaaa! bred SaPV~alvoas Exhibit C CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH 4, 2008 Thencr3 South 29°28'40" F,assr, 326,99 Peer, Thence 129.78 feet along the arc of anon-tangent curve to tha Iefi, having a radius of 325.00 feet, a ce~ral angle of 22°52'47", and a long chord bearing South 4t1°55'02" Fits 1,28.92 feet to an sngie poimt summon with ~ Northwest boundary ®f Setter Cove Subdivision, as filed in $ook 9# of Plats at Page 11436, records of Ada Couat~+, Idaho,; Thence along ehc boundary common to said Baiter Cove Subdivision and said I.ot 2, Block 1 the following courses: Thence South 37°98'37" West, 126.25 feat; Thence South 00°30'1$" West, 301,09 feet to a point Ding oa the Southerly boundary of said Lot 24 Block 1 and the Nor~em boundary of Summ~eld Subdivision No. 3, a$ filed is Book &9 of Plats ai Page 7x47, records of Ada County, .Idaho; Theses along ~e boundary r~namon to ~.id Lot 2, l~Iack 1 and said Suaimerfield Subdivision No. 3 and Summezfield Subdivision 1Vo. 2, as filed is .Book 69 of Plats at Page 7039, records of Aida County, Idaho, North 89°38'4Q" West, 1,279.25 feet to ~ PC)II~'t' OF Bl?t'iINNBVCi. Containing 25.89 acres, more or less. ~: Exhibit C Steven. T. giaug, PLS CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAR~DATE OF MARCH 4, 2008 ~®~{'~~ SURV~ GRQUP DE~CR.iPTION FOR L-O 7.CiNE PROP{)SED EDUCATION CAMPLIS SidBDIVLSION ATQ. ~ 1450 EssslNaeartow€r 5t Sure 150 McNdian, Idaho 83692 izos, sa6-e5ao Farc (28]~ 889-5399 November 9, 20p7 ~- portion of Lots t & ~, Black 1, and East Leigh Field Drive ri~lrt-of way; of)"ducatioa Campus Subdivision, as filed far record in Soak 84 of Plats at Pale 9$64, records of Ada County, Idaho, sad also a portion of North Locust Grave Road right-nf-way, beir-g located in the North % of the SW °l. of Sectton 32, Township 4 North, Range t East, B.M., Meridian, Ada Couniy+, Tdaho, and more particularly descrilsed as fellows: Connnencmg at the West 1/s corner of mid Section 3a, thence slang the west boundary of the 5'tiV ~/, of said Section 32 South 011"31 °04" West, 318.77' feet to the REAL POINT' l)F BEGINNING. Yhettee South 89°38'40" East, 43.3.73 feet; thence North 00°21'2Q" East, 267.76 feet to a point on the centerline of East Leigh Field Ilrive; thence aton;8 said centerline: thence Soutta 89°34'35" Easy, 483.9 feet to a peim of curvature; thence 314.68 feet slang the asc of a curve to the rigt, said curve having a radius of 306.011 feet, a delta angle of 64°45'55", and a long chord bearing South 59°3 2'37" Fist, 3p6.4S feet to a point of tangency; thence Sontlr 29°28'40" East, 327.28 feet to a point of curvatrue; thence 119.41 feet along the arc of a curve to the 1efl, said curve having a radius of 360.00 feet, a delta angle of 22°47'29", ar~i a long chord bearing South 40°52'25" East, 118.55 feet; 1`h~rce leaviirg said centerline Sow 37°38'37" West, 151.60 fit; Thence South 06°36' 18" West, 301.09 feet Thence North $9°38'40" West, 1327.25 feet tca a point on the wit boundary of the SW'/. of said Section 32; ~r®f~ssla~ataaA ~.®ra~ Sca,rvmgr~rs Exhibit C CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEAI~G DATE OF MARCH 4, 2008 Thence along said West boundary North 0©x31'04" East, 678.34 feet to the POLNT ®F BEGIa11NiNG. Ccmtaiaing 25.13 acres, mare or less. By: Idaho Survey Group, P,C. Steven 'I. Haug, PLS a P~ ®vaG eY iS ; 4AEP~tG~APa PilEltG SNCrR1iS DEPT. Exhibit C CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEAI2~DATE OF MARCH 4, 2008 .~ 'J 1450 East Waterrowar 5t. - - ` IDA-Ht) s~ rso SURVEY I`'lerldian, ldah~ 63lr4a GR®UP Ptoone (2~8) ea8-ss~o Pax (2t#8) 684-5344 November 9, 2007 DESCRIPTION FAR GN ZANE PROPOSED EDUCATION CAtMPU3 SUBDIVISION NO.2 A portion of Lots 1 & 2, Black 9, and East Leigh Reid Drive right-of-way, of Educ~tian Campus Subdivision, as flied for record in Book 88 of Plats at Page 9804,. records of Ada County, Idaho, and also a portion of North Locust Drove Road right-at'-way, being -ocated in the Narth'1 of the SW'te of Section 32, Township 4 North, Range 1 East, B.M., Meridian, Ada County, Idaho, and more particularly described as follows; Commenting a# the West'/, comer of said Se~ion 32, thence along the west boundary of the SW'/, of said Section 32 South 00°31'04° West, 30.6Q feet to a pohat on the centerline of East Leigh Field Drive, the REAL POINT OF BE©tNNIN©. Thence along said centerline: thence South 89°34'35° East, 83.61 feat to a point of curvature: thence 89.09 feat along the arc of a cxrrve to the right, said curve having radius of ~i94.50 fast, a delta angle of 11 °26°S3°, and a song chard bearing South 83°50'09" East, 98.92 feet to a point of revenge curvature; them 101.19 feet along the arc of a curve to the left, ~icf curve having a radius of 505.00 feet, a def~a angle of 11 °28'53°, acrd a Gong chard bearing Sor~th 83°50'09° East, 101.03 feet to a point of tangency; thence South 89°34'35° East, 140.39 feet; Thence leaving said centerline South 00°21`20" West, 267.76 feet; "thence North 89°36'40° West,. 433.73 feet to a paint on the west boundary of the SW of said Section 32; Pr'o~esst®er~9 IAa~~ Sr~rvey®~s Exhibit C CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF MARCH 4, 2008 Thence slang said West boundary Norkh ODD°39'd4° East. 288.28 feet to the POIPR OF BEGINNIN®. Containing 2.75 acres, more or less. Prepared 13y. Idaho Sure®y Group, P.C. Steven T. Hsug, PLS REV APP GVdL ~Y DAL ti^ a R9 M1ROP. K5 ~FpT. G Exhibit C CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAI2~ DATE OF MARCH 4, 2008 Exhibit C CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 4, 2008 D. Required Findings from Unified Development Code 1. 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 rezone the subject property to L-O (25.14 acres) and C-N (2.75 acres). The City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council fords that future development of this property will comply with the purpose statement of the commercial districts, which provides for service oriented needs of the community. Further, the existing use of the property as an education campus is a principal permitted use in both the L-O and C-N zoning districts (see Section 10 of this report for more information). c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning map 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 fording. 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 City Council finds that the proposed zoning amendment should not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). This fording is not applicable to the subject rezone request. 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: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public .services are available or can be made available and are adequate to accommodate the proposed development; Exhibit D CITY OF MERIDIAN PLANNIN~PARTMENT STAFF REPORT FOR THE HEAL DATE OF MARCH 4, 2008 The City Council fords that public services are currently provided to the southern and eastern portion of the development where the existing structures are located and can be made available to accommodate the proposed development on the northern portion of the property. (See Exhibit B of the Staff Report for more details from public service providers.) c. 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, City Council fords that the subdivision will not require the expenditure of capital improvement funds. d. 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 fording. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's 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. f. The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic, or historic features on this site. Therefore, the City 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 April 11, 2008 MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT Dr. Dan Thieme CUP 07-022 ITEM NO. 5-H REQUEST Findings for Approval -- 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 Eye Care -- 125 W. Cherry 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 Minutes See attached Findings O.~p~ov~ Contacted: ~ Q~11~ G ~ Date: ~- I l-Q ~ Phone: ~?~~ - ~~? ~ Emailed: ~-.}- Staff Initials: aterials presented at public meetings shall become property of the City of Meridian. ~I"` °F ME~~ (~E IDIAN-- FINDINGS OF FACT, CONCLUSIONS OF LAW AND ~ ~ ~ ~ ~ DECISION & ORDER In the matter of Conditional Use Permit for the construction of a new medical office in the O-T zoning district that does not meet all of the criteria listed in the Downtown Meridian Design Guidelines; and Development Agreement modification to remove the requirement for cross-access between the properties located at 125 W. Cherry Lane and 1645 W. 15r Street, by Dan Thieme. Case No(s). CUP-07-022 and MI-08-001 For the City Council Hearing Dates of: March 25, and April 1, 2008 (Findings on the April 15, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 1, 2008, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 1, 2008, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 1, 2008, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 1, 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). CUP-07-022 MI-08-001 -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 Conditions of Approval and modified provisions of the Development Agreement all in the attached Staff Report for the hearing date of April 1, 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 Conditional Use Permit, as evidenced by having submitted the Site Plan prepared by James Gipson Associates, dated 2/4/08, is hereby conditionally approved; 2. The applicant's Development Agreement modification as evidenced in Exhibit A.5 of the attached staff report for the hearing date of April 1, 2008, incorporated by reference, is approved; and, 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of April 1, 2008, incorporated by reference. D. Notice of Applicable Time Limits 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-022 MI-08-001 -2- ~ i 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. 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 April 1, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-022 MI-08-001 -3- • By action of the City Council at its regular meeting held on the ~5t~ da of ~~~ ~ , 2008. y COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED 1) A MAYOR TAMMY de WEERD VOTED -~ (TIE BREAKER) Attest: Jaycee Dolman, City Clerk Copy served upon Applicant, Attorney. 1V~~y~di~~'~snmy eerd ~`~~ ~ ~y i ~T ~a ~= SEAL - ~ ~~~ ~.,,, ~eT ~~.~ , ,,,. The Plannif~i~gr~g~pa~nltnt, Public Works Department and City By: Dated: ~' 11'dg Ity Clerk's O ce CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-022 MI-08-001 -4- CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF APRIL 1, 2008 STAFF REPORT Hearing Date: April 1, 2008 (Continued from March ZS, 2008) TO: Mayor & City Council /~ FROM: Sonya Watters, Associate City Planner E IDIAN-- (208) 884-5533 E SUBJECT: Meridian Eye Care • CUP-07-022 Conditional Use Permit for the construction of a new medical office in the O-T zoning district that does not meet all of the criteria listed in the Downtown Meridian Design Guidelines • MI-08-001 Development Agreement modification to remove the requirement for cross- access between the properties located at 125 W. Cherry Lane and 1645 W. 1St Street Note: The applicant has revised the site plan that was originally submitted with the application in order to comply with dimensional standards and right-of-way requirements. This staff report is based on the revised plan as depicted in Exhibit A of this report. 1. SiJNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Dan Thieme, is requesting Conditional Use Permit (CUP) approval for the construction of a new medical office building in the O-T (Old Town) zoning district. Per UDC 11- 2D-4D, all new construction and exterior modifications in the Old Town district shall be subject to administrative design review. The criteria for design review are set forth in the document, Downtown Meridian Design Guidelines (DMDG). The applicant believes that full compliance with the design guidelines is not feasible and that it would result in an awkward development of the properly. Per UDC 11-2D-4D.3, any applications in Old Town that do not meet the criteria in the DMDG shall be subject to a Conditional use Permit (CUP). A CUP is required for the subject project because the proposed building and site layout does not meet all of the criteria listed in the Downtown Meridian Design Guidelines. A modification to the existing Development Agreement is also requested to remove the requirement for cross-access between the subject property and the property located at 1645 W. 1 S` Street, directly to the east. The site consists of 0.34 of an acre and is located at 125 W. Cherry Lane, on the southeast corner of Cherry Lane and W. 2na Street. 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested CUP and MI applications below. Staff recommends approval of CUP-07-022 for Meridian Eye Care and MI-08-001, as presented in the Staff Report for the hearing date of April 1, 2008, based on the Findings of Fact as listed in Exhibit C and subject to the conditions listed in Exhibit B. [The Commission is not required to make a recommendation on the Development Agreement mod cation (MI-08-001) request) Meridian Eye Care CUP-07-022 Page 1 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~NG DATE OF APRIL I, 2008 The Meridian Planning & Zoning Commission heard these items on January 3, and 17. and February 7, and 21, 2008. At the public hearing on February 21, 2008 they moved to recommend approval of the subiect CUP reauest. a. Summary of Commission Public Hearing: i. In favor: James Gibson (Applicant's Representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: Historic Preservation Commission v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. No access to Cherry Lane once the property is redeveloped; ii. Whether or not the Old Town architectural design guidelines should be applicable to the subiect property because of its location on the periphery of the Old Town district. c. Key Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None he M eridian Citv Co nc'1 heard these item on March 25_ and April 1 .200R_ At the nnhlic earin g on Ap ril fgt. the Council_ approved the ubiect TP and MI rea ue ~, umma rv of City Co nc'1 Pub is Hearin ~. In f avor Jamec Gibson (Anpl_icant's Representative) ~. In opposition: None ~, Wr itten tes 'mono: Historic Preservation o mission y, Sta ff presen 'ng app ication: nna a Wing Ya, Oth er staff commenting on application: None ]Z, ev Iss ues of Discussion by Counc l: ~. e moval of the e~sting Development Agreement proylcinn that allows direct accec. herrv Lane for the subiect property and th di t t h t >l. Pre e a acen p servation of the existing healthy tree at the southwest co roper y o e ea : an rner of the ite: ~, may. Co uncil Changes to Staff/Commis. ion Recomm ndation i. o uncil recommends that the app icant work wi h ctaff and the Hi on re servation Commission to determine arc itectural altera tion that are compatibl design features rea sired 'n the Old Town i trio: an ii. o ifv the e i 'n Developmen Agreemen o prohibit rlir rt A~cpcs to Cherry ap e for the subiect property and the adiacent property t o the ea a .1645 W. lgt Str eet. 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Numbers CUP- 07-022 and MI-08-001, as presented in the staff report for the hearing date of April 1, 2008, with the following modifications to the conditions of approval: (add any proposed modifications). Meridian Eye Care CUP-07-022 Page Z CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF APRIL 1, 2008 Denial After considering all Staff, Applicant, and public testimony, I move to deny File Numbers CUP-07- 022 and MI-08-001, as presented during the hearing on April 1, 2008, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Numbers CUP- 07-022 and MI-08-001 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: 125 W. Cherry Lane (Parcel #89453000135) Lots 1 & 2, Block 2, Meridian Wilson Addition Subdivision Northeast 1/ of Section 12, Township 3 North, Range 1 West. b. Owner: Gerard W. Pope 2000 W. Emerald Falls Court Meridian, ID 83642 c. Applicant/Contact: Dr. Dan Thieme 1560 N. Crestmont Drive, Ste. A Meridian, ID 83642 d. Present Zoning District: O-T (Old Town) e. Present Comprehensive Plan Designation: Old Town f. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUP) approval for the construction of a 3,551 square foot medical office that does not meet the criteria of the Downtown Meridian Design Guidelines. A modification to the existing Development Agreement is also requested to remove the requirement for cross-access between the properties located at located at 125 W. Cherry Lane and 1645 W. 1S` Street. g. Description of Applicant's Justification for CUP Approval: "Because this site is located at the very northwest extreme limit of the Old Town zone, we believe that some practical consideration should be given to the design requirements; full compliance with the Old Town design guidelines is not feasible and would result in a very awkward development of the property." See applicant's narrative submitted with the CUP application and Section 10, Analysis, below for more information. h. Description of Applicant's Justification for MI Approval: "We are requesting the requirement for cross-access to the property to the east of this site be removed for the following reasons: - The proposed development places a building along the east side of this property in the area of the proposed cross-access. This is the only location on the property which will allow a building of feasible size, the required parking and access, and the retaining of nearly all of the existing mature trees. Meridian Eye Care CUP-07-022 Page 3 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF APRIL 1, 2008 - No cross-access agreement existing on the property to the east; thus, the cross-access agreement on this properly would be of no value and could not be used for actual physical access between the two properties. - Sufficient, convenient, and appropriate access to both this property and the property to the east exists from both W. 1St Street and W. 2na Street, without access from Cherry Lane. - The cross-access is not needed to allow appropriate development of both of the properties in question, and in fact would severely limit the development potential for either property. - Across-access would be of very little if any benefit to the public, since the properties in question are very small. The potential for a large volume of traffic between the two adjacent properties does not exist. - Pedestrian access between the adjacent properties is convenient and logical, with the existing Cherry Lane walk. Again, the potential for a large volume of pedestrian traffic between the properties does not exist, because of the small size of both properties." 5. PROCESS FACTS a. The subject application will, in fact, constitute a conditional use as determined by City Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D, a public hearing is required before the Planning and Zoning Commission on this matter. b. The subject application will, in fact, constitute a development agreement modification. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: December 17, and 31, 2007 (Commission); March 3, and 17, 2008 (City Council) d. Radius notices mailed to properties within 600 feet on: December 20, 2007 (Commission); February 29, 2008 (City Council) e. Applicant posted notice on site by: January 8, 2008 (Commission); March 21, 2008 Cit Council 6. LAND USE a. Existing Land Use(s): Single-family residence b. Description of Character of Surrounding Area: Single-family residences exist to the south of the site and existing and future commercial uses (bank, church) abut Cherry Lane adjacent to this site. c. Adjacent Land Use and Zoning 1. North: Rural residential property, zoned RUT in Ada County 2. East: Residence in transition to commercial use, zoned O-T 3. South: Single-family residences in Meridian Wilson Addition, zoned R-4 4. West: LDS Church, zoned R-4 d. History of Previous Actions Pertaining to this Site: • On October 19, 2004, this property (and the adjacent property to the east at 1645 W. 1St Meridian Eye Caze CUP-07-022 Page 4 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF APRIL 1, 2008 Street) was rezoned (RZ-04-010) from R-4 to O-T (Ordinance #04-1111). A Development Agreement (Instrument No. 108006032) was required with the rezone of the property and was approved by City Council on January 8, 2008. Further, a concept plan was approved with the rezone ordinance (#04-1111) for this site and the adjacent property to the east. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: 8 inch service line on the west side of the property that flows to a 12inch line located in W Cherry Ln. Location of water: N.W. 2°d Street Issues or concerns: None 2. Vegetation: There aze 5 existing trees on the site; 2 are proposed to be removed (1 of which is dead) and 3 are proposed to be retained. Mitigation and protection is required, in compliance with UDC 11-3B-10, for the healthy trees on-site. See Analysis, Section 10 for more information. 3. Floodplain: NA 4. Canals/Ditches Irrigation: NA 5. Hazards: No hazazds are known to exist on the site 6. Existing Zoning: O-T (Old Town) 7. Lot Size: 0.34 of an acre f. Conditional Use Information: 1. Non-residential square footage: 3,600 square feet 2. Hours of Operation: 8:00 a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m. to 3:00 p.m. on Saturday g. Off-Street Parking: 1. Pazking spaces required: 7 2. Pazking spaces provided: 10 3. Compact spaces proposed: 0 h. Landscaping 1. Width of street buffer(s): NA (street buffers aze not required in the O-T district) 2. Width of buffer(s) between land uses: NA (buffers between land uses aze not required in the O-T district) 3. Other landscaping standards: See 11-3B-8, Pazking Lot Landscaping, for internal pazking lot landscaping requirements. i. Required dimensional standards for the O-T zone, per UDC 11-2D-4: - Maximum building height: 75' - Minimum number of stories for new construction: 2 - All new construction and exterior modifications shall be subject to administrative design review in accordance with the criteria set forth in the Downtown Meridian Design Guidelines Meridian Eye Care CUP-07-022 Page 5 CITY OF MERIDIAN PLANN~DEPARTMENT STAFF REPORT FOR THE HE~G DATE OF APRIL 1, 2008 (DMDG). Applications (such as this one) that do not meet the criteria in the design guidelines shall be subject to a CUP. j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this site is proposed on the site plan from W, 2°d Street. Direct access to W. Cherry Lane is prohibited. 7. COMMENTS MEETING On December 14, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions, and recommended actions in Exhibit B below. S. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Old Town." Old Town is defined in the Comprehensive Plan as follows: "This includes the historic downtown and the true community center. Uses would include offices, retail and lodging, theatres, restaurants, and service retail for surrounding residents and visitors. A variety of residential uses could include reuse of existing buildings for residential uses, new construction of multi-family residential over ground floor retail or office uses. In order to provide and accommodate preservation of the historical chazacter, specific design requirements may be imposed. Pedestrian amenities would be emphasized. Public investment to ensure that Old Town becomes a centralized activity center with public, cultural, and recreational structures would be encouraged. The boundary of the Old Town district predominantly follows Meridian's historic plat boundaries. In several areas, both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design of the facing houses and buildings." Staff fords that the proposed use of the property as an office complies with the applicable provisions of the Comprehensive Plan and furthers the goals and objectives set forth therein. Staff fords that the request generally conforms to the stated purpose, intent, and standazds of the Old Town land use category within the Comprehensive Plan. Staff fords the following Comprehensive Plan policies to be applicable to this properly and apply to the proposed use (staff analysis in italics): • Chapter VII, Goal I, Objective B, Action 5 (page 109) -Locate new community commercial azeas on arterials or collectors neaz residential azeas in such a way as to complement with adjoining residential areas. This site is located adjacent to W. Cherry Lane, an arterial roadway, and single family residences to the south of the site. The proposed medical office should complement the surrounding residential uses while providing amuck-needed service in this area. • Chapter V, Goal III, Objective D, Action 3 (page 43) -Require all new pazking lots to provide landscaping in internal islands. The site plan depicts internal parking lot landscaping on the site in compliance with the standards listed in UDC 11-3B-8. • Chapter VII, Goal IV, Objective D, Action 2 (page 114) -Restrict curb cuts and access points on collectors and arterial streets. This site is not proposing and is not approved for direct access to W. Cherry Lane, an arterial roadway. Access to the site is proposed from W. 2"d Street. The applicant is Meridian Eye Caze CUP-07-022 Page 6 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF APRIL 1, 2008 proposing to modify the development agreement on this site that requires cross access with the property to the east. • Chapter IV, Goal I, Objective A, Action 6 (page 26) -Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of fmal approval and development is contiguous to the City. The subject property lies within the boundaries of the City of Meridian and is provided with City services. Staff believes that the proposed use is consistent with the Comprehensive Plan and is compatible with the surrounding uses. See Section IO below pertaining to the subject CUP request pertaining to compliance with the Downtown Meridian Design Guidelines. 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 request is appropriate for this property. 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-2D-2 lists the permitted, accessory, and conditional uses in the O-T zoning district. Healthcare offices are a permitted use in the O-T zoning district. However, because the applicant cannot comply with all of the criteria of the DMDG, a CUP is required. b. Purpose Statement of Zone: Per. UDC 11-2D-1, the purpose of the traditional neighborhood districts is to encourage mixed use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. Vertically integrated residential projects are encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity to each other, and it provides for the daily recreational and shopping needs of the residents. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the CUP request as proposed, with the following comments: CUP: The applicant submitted a site plan, prepared by James Gipson Associates, dated 2/4/08, labeled as Sheet 1. The applicant is proposing to construct a new two-story 3,600 square foot medical office building on the subject property. Per UDC Table 11-2D-2, healthcare services are a permitted use in the O-T zoning district. However, per UDC 11-2D-4D, all new construction and exterior modifications in the O-T district are subject to administrative design review in accordance with the standards listed in the Downtown Meridian Design Guidelines (DMDG). Any applications that do not meet the criteria in the design guidelines are subject to a conditional use permit. Because the applicant is unable to comply with all of the Downtown Meridian Design Guidelines (DMDG) as required in the O-T zoning district, a CUP is required. Dimensional Standards: Currently, the only development standards in the O-T district are as follows: (Staffs comments are in italics) - Maximum building height: 75' (The proposed building is depicted on the elevations as being approximately 27feet tall at the highest point, which complies with this requirement.) - Minimum number of stories for new construction: 2 (Approximately 2/3 of the building footprint has two-stories, the remainder is one story.) - All new construction and exterior modifications shall be subject to administrative design Meridian Eye Care CUP-07-022 page 7 CITY OF MERIDIAN PLANNIIV~DEPARTMENT STAFF REPORT FOR THE HEA~G DATE OF APRIL 1, 2008 review in accordance with the criteria set forth in the Downtown Meridian Design Guidelines (DMDG). Applications (such as this one) that do not meet the criteria in the design guidelines shall be subject to a CUP. (The applicant cannot comply with all of the design guidelines, thus the reason for the CUP request. See below for the specific items that the applicant cannot comply with.) Design Guidelines: The Downtown Meridian Design Guidelines were mainly intended for mixed-use buildings within the City's core. However, as currently written in code, all O-T zoned property is subject to the standards. Below is a list of the design guidelines applicable to this site: (Staff's comments in italics) 1. Setbacks: All new buildings must have first floor facades built to the public right-of--way at the street sides and to interior lot lines (exceptions may be considered at interior lot lines for pedestrian paths and existing adjacent buildings with windows, and for civic and community buildings .and pubic spaces). The applicant is proposing the building to be set back 20 feet from the existing property line adjacent to Cherry Lane, which allows for an existing tree to remain and be centrally located within the setback area and to accommodate the 60 feet of ROW required by ACHD from the centerline of Cherry Lane for future expansion of Cherry. The building is proposed to be setback 10 feet from the interior side property line on the east; the existing building on the adjacent property to the east has a window facing the subject property. A 76 foot setback is proposed from the west property line adjacent to W. 2"d Street The applicant does not comply with the setback requirements; however, Staff is not recommending that the applicant meet the setback requirements of the DMDG because of the future expansion of Cherry Lane and the size of the structure that would be required to be constructed to meet the setback requirement It's not feasible to require the applicant to construct a 13,440+/- square foot building for one tenant 2. Building Orientation: All developments in the Downtown District shall be oriented to the street. The requirement is met when: a. Buildings have their primary entrance oriented towazd the street. The buildings primary entrance is located on the west side of the building facing W. 2'~ Street, which complies with this requirement. b. Second story uses, not associated with the ground floor use, must have their primary entrances on the street side; a secondary entrance/exit may be located on the rear. Only one use is proposed for this building. c. Off-street pazking, driveways, and other vehicular circulation shall not be placed between the building and the street. 7Tie off-street parking and driveway for this site is proposed on the west side of the building between the building and the street, which does not comply with this requirement Because of ACHD's ROW requirements for the expansion of Cherry Lane and dimensional requirements for the site (~.e. parking, drive aisles, sidewalks, etc.), Staff does not believe that it is feasible to require the parking at the rear of the structure in this case. d. Service areas for new buildings will be located at the rear including loading, recycling, gazbage, meters, mechanical equipment, etc. Service azeas will be screened from view to the height of the equipment with decorative walls compatible with the building facade if visible from the street. An A/C unit is shown on the site plan on the east side of the building surrounded by a 4-foot tall fence. Staff is recommending that the A/C unit be allowed on the east side of the structure as proposed, instead of the rear as required, provided that the fence be constructed of Meridian Eye Caze CUP-07-022 Page 8 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF APRIL I, 2008 stucco andlor cultured stone to match the materials proposed on the building, as required by #4c below Trash will be taken to the curb; a dumpster is not proposed on the site. e. Rooftop mechanical equipment must be screened to the height of the equipment with allowable exterior materials. Per the applicant, no rooftop mechanical equipment is proposed. 3. Building Height and Form: All development in the Downtown District shall meet the following limits of height and form: a. Height: i. Minimum height at street-side fagade: 2stories/40 feet ii. Maximum height at street-side facade: 3stories/60 feet iii. Maximum height at 10 feet behind street-side fagade: 4stories/75 feet The building is proposed to be a 26'6" tall (to ridge) 2-story building, which complies with the minimum and maximum height requirements. b. Form: i. Street-side facades must include a parapet whether a flat roof or pitched roof is used. The roof of the proposed structure does not have a parapet; the building is proposed to have a pitched roof only, which does not comply with this requirement Staff is not recommending that the applicant be required to provide a parapet on the proposed structure because of the property's location on Cherry Lane (an arterial street) and the periphery of the Old Town District Further, the proposed elevations are more compatible with adjacent structures. ii. Facades stepped back 10 feet or more may have a shaped roof profile without a parapet, but must not exceed height limit. The second story is stepped back from the first floor fagade, however it is not stepped back 10 feet or more. (See 3. b. i above.) iii. Form may include corner elements at street intersections only, such as towers, projecting bays, etc. but must not exceed height limit. The site is located at the intersection of W. 2"~ Street and Cherry Lane; however, corner elements are not proposed or required. iv. Ground level building comers, on corner lots only, may be chamfered a distance of 10 feet maximum from the corner property line for corner entries. A chamfered corner entry is not proposes! v. Balconies and bay windows may project beyond the fagade up to 6 feet if at least 15 feet above ground. There are no balconies or bay windows proposed on the second story. 4. Fagade Treatment, Entrances, Roofs: All developments in the Downtown District will meet the following requirements for fagade treatments: a. First floor street facing facades: Facades must contain no less than 50% glass. Storefronts must follow the proportioning system (All first floor street-facing facades must be constructed such that storefronts can be added to allow flexibility of use over time.) Glass must be clear with no tinting or reflectivity. Window frames must be recessed from the face of the finished wall a minimuYn of 4 inches. Non-glass Meridian Eye Care CUP-07-022 Page 9 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEAL DATE OF APRIL 1, 2008 materials may be one or a combination of the following materials: stone or brick masonry, tile, or stucco (concrete masonry is prohibited). Paneled painted wood may be used within the storefront if detailed in a historically compatible manner. Active doors are recommended approximately every 25 feet or as close as feasible for the project. Window headers and sills are encouraged. Belt coursing at 12 feet to 20 feet above the ground is encouraged, especially if matching an adjacent building.) The elevations facing W. 2"d Street and Cherry Lane depict less than SO% glass, which does not comply with this requirement Stucco is proposed on the wall surfaces with cultured stone accents, which complies with this requirement The building is proposed to only house one tenant; thus, additional storefronts and doors are not planned to be added in the future. Because the applicant is proposing attractive building elevations with ample windows for this location (approximately 21 % on W. 2"d Street and 14% on Cherry), Staff is not recommending that the applicant be required to add additional windows/glass to total SO% of the street facing facades. Staff believes that this percentage fits into the existing character of the buildings in the area. . b. Street-facing facades above first floor: Street-facing facades above the first floor shall have no less than 20% glass. Windows shall be vertical in proportion and frames recessed from the face of the finished wall shall be a minimum of 4 inches. Acceptable wall materials include stone or brick masonry, tile, and stucco (concrete masonry is prohibited). The Z"d story facade facing W. 2id Street has no windows; however it is stepped back approximately 25 feet from the west first,floor facade. The 2"d story facade facing W. 2"d Street has approximately 35% glass, which complies with this requirement The smaller windows that are grouped in three's are horizontal in proportion instead of vertical; the applicant should consider other design options to possibly comply with this requirement c. Screening: On grade screen walls shall be constructed of materials similar to those of the building fagade if visible from the street. Roof-top screening materials shall be compatible with building fagade materials. Staff is recommending that the 4-foot tall fence proposed around the A/C unit on the east side of the building be constructed of stucco and/or cultured stone to comply with this requirement as it is visible from Cherry Lane. No rooftop mechanical equipment is proposed d. Parapets: Parapets are required and must have a shaped cap of no less than 6 inches vertical, projecting no less than 1 inch horizontal. Decorative elements of parapets may exceed height limits by 4 feet maximum, and are restricted to 50% of the parapet length. Parapets are not proposed on the building and Staff is not recommending that they be provided (see #3.b above). e. Projecting cornices: Projecting cornices, if used, must be consistent or compatible with historic structures of the turn of the 20~' century. Cornices are not proposed and are not required. £ Awnings: Retractable fabric awnings or permanent canopies for sun protection and the creation of protected sidewalk space are encouraged. Temporary and permanent awnings of plastic fabric are not allowed. Awnings are not proposed and are not required. 5. Mid-Block Pedestrian Pathways: All developments in the Downtown District will meet the following requirements for mid-block pedestrian pathways, if those pathways are deemed necessary by the applicantlowner. A mid-block pedestrian pathway is not Meridian Eye Care CUP-07-022 Page I O CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEAI~G DATE OF APRIL 1, 2008 proposed by the applicant. Staff does not believe that one is necessary or feasible in this area because of the existing residential neighborhood and zoning to the south. Streetscape Design: Note: Streetscape Designs in the Downtown District are in the process of being developed in conjunction with Ada County Highway District. Until specific new streetscape standards are developed, streets and sidewalks shall be built to be compatible with streetscape improvement built in 1991-1993, and as specified by ACHD. Landscaping: Until specific new streetscape standards are developed, streets and sidewalks shall be built to be compatible with streetscape improvement built in 1991- 1993, and as specified by ACRD. Currently there are no adopted plans for detached sidewalks along the adjacent streets and therefore, there are no street landscaping requirements in Old Town. Surface parl~ng lots shall be required to be screened at the street side with minimum 3 foot high hedges, fences, or walls. Additional plantings, such as Class I trees, flowers and/or smaller shrubs may also be included. Parking: No off-street parking is required. If off-street parking is provided, the applicant shall provide accessible spaces as per federal accessibility standards and the standards for parking stall size in UDC Table 11-3C-5. Off-street parking is allowed only at the rear of buildings not visible from streets and in parking structures. Off-street parking, at the side of the building between the street and building, is depicted on the site in compliance with the dimensional standards in UDC 11-3C-S. However, the location of the parking area does not comply with this requirement as it is not at the rear of the building. Staff does not believe that it is feasible to require parking at the rear of the building in this case, as discussed above. Building Elevations: Building elevations for the proposed building were submitted with this application, prepared by James Gipson Associates, dated 2/4/08, labeled as Sheet 4, and are included as Exhibit A.4. Exterior materials are proposed to be stucco wall finish with wainscot and cultured stone accents, and architectural fiberglass shingle roof; soffit, fascia, and trim are to be stucco, per the applicant's narrative submitted with the application. Staff is generally supportive of the elevations proposed by the applicant, with the recommendations included in Exhibit B, as they meet the height and story requirements, and other design guidelines of the O-T district. The proposed building shall be constructed in accordance with the elevations shown in Exhibit A.4, the conditions of approval in Exhibit B, and design standards listed in UDC 11-3A- 19C as detailed above. Access: Access to the site is depicted on the site/landscape plan from a driveway connection to W Zaa Street, a public street. This driveway does not stub to the property to the east and is the only access point proposed to this site. Per requirement of the Development Agreement, cross- access is required to be provided to the property to the east for future interconnectivity between the sites. However, the applicant is requesting a DA modification with this application to remove the requirement for cross-access. Parking: In traditional neighborhood districts, one off-street parking space is required per 500 square feet of gross floor area, per UDC 11-3C-6B. Based on the proposed 3,600 square foot medical office building, 7 parking stalls are required for this business. Ten stalls (including 1 handicap accessible stall) are provided, which exceeds the number required. The applicant has indicated in their narrative that additional parking stalls appear to be available on the adjacent church site. Additional parking spaces are not required by the City. If the applicant proposes to use these spaces for overflow pazking, an agreement to use these spaces should be negotiated with the church. A bicycle rack is required to be installed on the site that is capable of holding a Meridian Eye Care CUP-07-022 Page 11 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF APRIL 1, 2008 minimum of 1 bicycle and should comply with the standards listed in UDC 11-3C-SC. A bicycle rack is depicted on the site plan, which complies with this requirement. Landscaping: There are 5 existing trees on the site; 2 are proposed to be removed (1 of which is dead) and 3 are proposed to be retained. The healthy tree proposed to be removed is located within the driveway to the parking area. Elroy Huff, Parks Department, visited the site and submitted a letter pertaining to mitigation required for removal of existing healthy tree(s) on the site. The applicant has not addressed how they intend to mitigate for the e~sting healthy tree that is proposed to be removed. The applicant should work with Elroy Huff to determine a tree mitigation and protection plan. A copy of said plan should be submitted with the Certificate of Zoning Compliance application. Street buffers and buffers to adjoining uses are not required in the O-T district. However a 5-foot wide buffer is required along the south property boundary adjacent to the parking area; a 5'6" wide buffer is currently shown to the south, which complies with this requirement. ACHD Right-of--Way: ACRD is requiring 60 feet of right-of--way from the centerline of Cherry Lane and 25 feet from the centerline of W. 2°d Street. The building location depicted on the site plan complies with the ROW requirement on W. 2°a Street and allows for the future expansion of Cherry Lane. Site/Landscape Plan: Staff has reviewed the landscape and site plans, prepared by James Gipson Associates, dated Z/4/08, labeled as Sheets 1 & 2, submitted with this application and found the following items need to be shown on a revised plan(s): • All parking stalls adjacent to the sidewalk and the perimeter landscape buffer shall be provided with a substantial wheel restraint to prevent cars from overhanging beyond the designated parking stall dimensions, per UDC 11-3C-SB3 oY the sidewalk and landscape buffer should be widened to 7-foot to allow for vehicle overhang and the parking stalls should be reduced in length to 17 feet. • Widen the planter island at the east end of the row of parking on the north to a minimum of 5 feet, measured inside curbs, in compliance with UDC 11-3B-8C2a. • The parking lot shall be screened at the street side on W. 2na Street with minimum 3 foot high hedges, fences, or walls, per the DMDG. Additional plantings, such as Class I trees, flowers and/or smaller shrubs may also be included. • Depict the screening material as stucco and/or cultured stone on the fence surrounding the A/C unit on the east side of the building. • Provide mitigation for existing healthy trees on-site that are removed and protect the existing trees that are to remain, in compliance with UDC 11-3B-1 OC. Hours of Operation: The hours of operation for the proposed medical office are from 8 a.m. to 6 p.m. Monday through Friday and 8 a.m. to 3 p.m. on Saturday. Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted to the Planning Department for approval prior to issuance of building permits for the proposed building on this site. The applicant should submit revised plans that comply with the conditions of approval listed in Ezhibit B of this staff report, with the CZC application. All improvements must be installed prior to occupancy. Meridian Eye Care CUP-07-022 Page 12 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEAi~ DATE OF APRIL 1, 2008 DEVELOPMENT AGREEMENT: A modification to the existing Development Agreement is requested to remove the requirement for cross-access between the subject property and the property to the east at 1645 W. Cherry Lane. Staff is supportive of the proposed modification (included in Exhibit A) for the following reasons stated by the applicant: - The proposed development places a building along the east side of this property in the area of the proposed cross-access. This is the only location on the property which will allow a building of feasible size, the required parking and access, and the retaining of nearly all of the existing mature trees. - No cross-access agreement existing on the property to the east; thus, the cross-access agreement on this property would be of no value and could not be used for actual physical access between the two properties. - Sufficient, convenient, and appropriate access to both this property and the property to the east exists from both W. 1 S` Street and W. 2°d Street, without access from Cherry Lane. - The cross-access is not needed to allow appropriate development of both of the properties in question, and in fact would severely limit the development potential for either property. - Across-access would be of very little if any benefit to the public, since the properties in question are very small. The potential for a large volume of traffic between the two adjacent properties does not exist. - Pedestrian access between the adjacent properties is convenient and logical, with the existing Cherry Lane walk. Again, the potential for a large volume of pedestrian traffic between the properties does not exist, because of the small size of both properties." Staff believes that a modification to the Development Agreement as shown in Exhibit A.5 is appropriate and recommends approval of the applicant's request for the reasons stated above. Note: There are no required Findings or analysis for Development Agreement modifications. b. Staff Recommendation: Staff recommends approval of CUP-07-022 for the proposed medical office (healthcare service) in the O-T district, and MI-08-001 (Development Agreement modification), as presented in the Staff Report for the hearing date of February 21, 2008, based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval listed in Exhibit B. The Meridian Planning & Zoning Commission heard these items on January 3. and 17, and February 7, and 21. 2008. At the public hearing on February 21, 2008 they moved to recommend approval of the subject CUP request._ Thy at a Council anoroved the subject CUP and MI reaues 11. E~~ITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Site Plan (prepared by James Gipson Associates, dated 2/4/08, labeled Sheet 1) 3. Landscape Plan (prepared by James Gipson Associates, dated 2/4/08, labeled Sheet 2) 4. Building Elevations (prepared by James Gipson Associates, dated 2/4/08, labeled Sheet 3) 5. Proposed Modification to Development Agreement Meridian Eye Care CUP-07-022 Page 13 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HE~G DATE OF APRIL 1, 2008 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 8. Idaho Transportation Department C. Required Findings from the Unified Development Code Meridian Eye Caze CUP-07-022 Page 14 CITY OF MERIDIAN PLANNING D~TMENT STAFF REPORT FOR THE HEARIN~TE OF APRIL 1, 2008 A. Drawings 1. Vicinity Map Exhibit A Page 1 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF APRIL I, 2008 ~~ 2. Site Plan (prepared by James Gipson Associates, dated 2/4/08, labeled Sheet 1) Exhibit A Page I CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF APRIL 1, 2008 3. Landscape Plan (prepared by James Gipson Associates, dated 2/4/08, labeled Sheet Z) ~ ~ ~ aid e am s ~ rr® e "°"- aPe e uLe2[pr aw n y_ ~ ~~rmsa ~ N atNfW ap 6vas~aRi~sa au ' Rcul aW1tl A' d +m1~W°rtie'-~j'~ F i ~ ~" 4 W u3 CHERRY LA1VE -==-4 '' 3i ~ . 1 r p ~ q~ a~ ~ - . , a .s, P ~. ~ .~ ~, ~.~. li~, ~• ..~~ ~ fit. 'y'1!: ., - by Exhibit A Page 1 T46Q PLApfllla aa- OYFlN QL M~UWI! CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING'ITATE OF APRIL I, 2008 4. Building Elevations (prepared by James Gipson Associates, dated 2/4/08, labeled as Sheet 4) ,w- : -- - _ ~ a ~` ~ --~- O --. s __~~. ~~~~ Waist. Elevstmn .._ _6 b3~°' ~` Sauh Ekvetron ,.,,,.~~ ~v ~ -~. bpi ; --~-a _~ ~~-._. ~ C x_ ,- .~ ~,_ ' «,.~ ,~ ~3f wee"~?i~i~O .~ Exhibit A Page I CITY OF MERIDIAN PLANNING 1~ARTMENT STAFF REPORT FOR THE HEA~ATE OF APRIL 1, 2008 Proposed Modification to Development Agreement (Instrument No. 108006032) Section 5.2: "Access to this site will be provided from West 1St Street and West 2°a Street •~~~+~- °-°~° °°°°~~ L.°~.. ° ..11 ..Ftl. 1..4.. TL.° °„+ ,. ° rs~ l~1,° , T .. ..._a..Ll., v7 .. viii mr-vr-mczm~. Exhibit A Page 1 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF APRIL 1, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT 1. l The site/landscape plan, prepared by James Gipson Associates, shall be revised per the conditions listed below. The Applicant shall comply with all previous conditions of approval associated with this site (RZ-04-010 and Development Agreement). The applicant shall revise the site plan as follows: a. All parking stalls adjacent to the sidewalk and the perimeter landscape buffer shall be provided with a substantial wheel restraint to prevent cars from overhanging beyond the designated parking stall dimensions, per UDC 11-3C-SB3 or the sidewalk and landscape buffer should be widened to 7-foot to allow for vehicle overhang and the parking stalls should be reduced in length to 17 feet. b. Widen the planter island at the east end of the row of parking on the north to a minimum of 5 feet, measured inside curbs, in compliance with UDC 11-3B-8C2a. c. The parking lot shall be screened at the street side on W. 2"~ Street with minimum 3 foot high hedges, fences, or walls, per the DMDG. d. Depict the screening material as stucco and/or cultured stone on the fence surrounding the A/C unit on the east side of the building, per the DMDG. e. Provide mitigation for the existing healthy tree on-site that is proposed to be removed. Protect the trees that are to remain. 1.2 The building elevations, prepared by James Gipson Associates, dated 2/4/08, are approved as shown in Exhibit A.4. The building elevations submitted with the Certificate of Zoning Compliance shall substantially comply with the elevations submitted with this application. At the public heaping on Aapil 1. 2008. the Citv Council pecommpndPd t .,t the nnn/r~Nt u~nplr urith staff and the Histopic Ppesepvation Comm' ion to determine apchitectc%pal altepation that ape comvatible with design featz~res peauiped in the Old Town district 1.3 The applicant shall submit a Certificate of Zoning Compliance application with revised plans that comply with the conditions of approval listed herein, prior to issuance of building permits for the proposed building. 1.4 The applicant shall work with Elroy Huff, Parks Department, to determine a tree mitigation and protection plan for the existing healthy trees that are proposed to be retained and the tree that is proposed to be removed. A copy of said plan shall be submitted with the Certificate of Zoning Compliance application for the change in use/construction of a new building of this site. 1.5 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.6 No new signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance (iJDC 11-3D). 1.7 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. Exhibit B Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEA~ DATE OF APRIL 1, 2008 2. PUBLIC WORKS DEPARTMENT 2.1 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. 2.2 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 EXIiIBIT 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. 2.3 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. )f 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. 2.4 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. 2.5 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. 2.6 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., 2.7 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. 2.8 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process prior to obtaining certificates of occupancy. 2.9 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.10 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.11 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. 2.12 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 building is at least 1-foot above. 2.13 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACHD. The design engineer shall provide certification that the facilities have been installed in Exhibit B Page 2 CITY OF MERIDIAN PLANNIN~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF APRIL I, 2008 accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.14 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 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 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %Z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 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 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.6 Maintain a separation of 5' from the building to the dumpster enclosure. 3.7 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 off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. (This property will need to be addressed off of W. Z°d Street.) 3.8 Provide exterior egress lighting as required by the International Building & Fire Codes 3.9 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). Exhibit B Page 3 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF APRIL I, 2008 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). 4. POLICE DEPARTMENT 4.1 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 4.2 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed two feet in height. Trees shall have a canopy of no less than six feet. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICES COMPANY 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal prior to the public hearing. There is a concern that the required modifications may significantly impact your site design and may require a revised site plan. If the site plan is revised, contact the planner assigned to the project immediately to discuss the changes and how to proceed with the revised site plan. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Construct W. 2nd Street abutting the site to one-half of a 36-foot street section with vertical curb, gutter, and 5-foot concrete sidewalk. 7.1.2 The applicant will be required to dedicate 60-feet ofright-of--way from the centerline of W. Cherry Lane abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACFID Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The 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 driveway intersecting W. 2nd Street as proposed. Pave the driveway to its full width and at least 30-feet into the site from the edge of pavement of W. 2nd Street. 7.1.4 Close the existing curb cut intersecting W. Cherry Lane to match existing improvements. 7.1.5 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 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. Exhibit B Page 4 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF APRIL 1, 2008 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. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 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 ACHD 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 a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B Page 5 CITY OF MERIDIAN PLANNII~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF APRIL 1, 2008 C. Required Conditional Use Permit Findings from UDC The Commission 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 existing site is large enough to accommodate the proposed use, including the additional right- of-way needed for the future expansion of Cherry Lane. However, the site and proposed structure do not comply with all of the development regulations of the O-T zoning district noted in the Downtown Meridian Design Guidelines (DMDG). For this reason, a CUP is requested as required by UDC 11-2D-4D.3 for applications that do not meet the criteria of the DMDG. See analysis in Section 10 for more information on specific guidelines that the applicant cannot comply with. Off-street parking is required at the ratio of one space per 500 square feet of gross floor area in commercial districts (UDC 11-3C-6). Seven off-street parking stalls are required for this site based on the total square footage of the building; ten are provided. The applicant complies with this requirement. Staff recommends the Commission and Council rely on Staff's analysis and any oral or written public testimony provided when determining if this site is lazge enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council fmds that the Comprehensive Plan Future Land Use Map designation for this property is Old Town. The property is currently zoned O-T, which complies this designation. The. proposed use is generally harmonious with the requirements of the UDC (See Sections 8 and 10 above for more information regazding the requirements for this use). 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 general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that, if the Applicant complies with the conditions outlined in this report, the operation of the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. Further, Staff believes that the proposed use will not adversely change the essential character of the azea. 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 City Council finds that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the azea. The Council should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. 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. The City Council finds that the site will be adequately served by the previously mentioned public facilities and services. Exhibit C Page 2 CITY OF MERIDIAN PLANNI~EPARTMENT STAFF REPORT FOR THE HEA~G DATE OF APRIL 1, 2008 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 Applicant will be financing any improvements required for development. The City Council fords there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 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. Staff recognizes that traffic and noise is a concern; however, Staff does not believe that the amount generated by the proposed new use of the property will be detrimental to any persons, property, or the general welfare of the public. City Council finds that the proposed use will not create excessive noise, smoke, fumes, glare, or odors. 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 City Council fords that there should not be any health, safety or environmental problems associated with the proposed use. The City Council finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. Exhibit C Page 3 April 11, 2008 MERIDIAN CITY COUNCIL MEETING April 15, 2008 AZ 08-002 APPLICANT D.T. Campbell Investments ITEM NO. 5-I REQUEST Findings for Approval -- Request for Annexation and Zoning of 3 acres from RUT to an R-15 zone for Villas @ Lochsa Falls -- 5555 Norfh Linder Road AGENCY COMMENTS CITY CLERK: See attached Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: J~~ CITY FIRE DEPT: ~0 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: ~~~ I ~~ ~ ~ E Date: ~-( ~~ Phone: `t (~- ~~~ Emailed: P~~ < Staff Initials: ~- Materials presented ubllc meetings shall become property of the City of Meridian. ~ RECEA~/FI3 APR 1 ~ 2000 l~ity ®f ~eY-idiar~ City clerk ~rszcc CITY OF MERIDIAN E IDIAN~ FINDINGS OF FACT, CONCLUSIONS OF LAW AND ' °A DECISION & ORDER In the Matter of Annexation and Zoning of 3.0 acres from Ada County RUT to R-15 (Medium Density Residential); Preliminary Plat with 1 Residential Building Lot and 1 Common Lot in a proposed R-15 zoning district; Conditional Use Permit for 21 multi- family dwelling units in a proposed R-15 zoning district; Private Street approval within the proposed Villas @Lochsa Falls Multi-family Development; and Alternative Compliance for an alternative design from the parking requirements and alternative compliance for the landscaping requirements adjacent to walking paths, for Villas @Lochsa Falls, by D. T. Campbell Investments Case No(s). AZ-08-002, PP-08-002, CUP-08-003, PS-08-002, ALT-08-005 For the City Council Hearing Date of: April 1, 2008 (Findings on the Apri115, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 1, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 1, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 1, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 1, 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. 02-3 82 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-002, PP-08-002, CUP-OS-003, PS-08-002, ALT-08-005 -I- 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, and the Conditions of Approval all in the attached Staff Report for the hearing date of April 1, 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 January 2, 2008 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of April 1, 2008 incorporated by reference. 3. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of April 1, 2008 incorporated by reference. 4. The Applicant's Annexation request, as evidenced by having submitted the legal. description and exhibit map, stamped and dated January 28, 2008, by Darin Holzhey, PLS, is hereby conditionally approved; 5. The applicant's Site/Landscape Plan as evidenced by having submitted the Site/Landscape Plan dated April 10, 2008 is hereby conditionally approved; 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-08-002, PP-08-002, CUP-08-003, PS-OS-002, ALT-08-005 -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 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-08-002, PP-08-002, CUP-08-003, PS-O8-002, ALT-08-005 -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 April 1, 2008 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 B1RD VOTED MAYOR TAMMY de WEERD VOTED ~ (TIE BREAKER) M~or'I' ,ale Weerd Attest: C~~ = $~~L Jaycee lman, City Clerk ,~~ „' ~ ~~ Copy served upon Applicant, The Planm~~~lcl~l~t, Public Works Department and City Attorney. By' Dated: 4` ~~' 4~ ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-002, PP-08-002, CUP-OS-003, PS-08-002, ALT-08-005 -4- • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 STAFF REPORT Hearing Date: April 1, 2008 TO: Mayor and City Council A FROM: Bi11 Parsons, Associate City Planner E IDI~N%~' 208-884-5533 s ®~ ~ ~ SUBJECT: Villas @ Lochsa Falls • AZ-08-002 -Request for Annexation and Zoning of 3.0 acres from Ada County RUT to R-15 (Medium Density Residential), by D. T. Campbell Investments • PP-08-002 -Request for a Preliminary Plat with 1 Residential Building Lot and 1 Common Lot in a proposed R-15 zoning district, by D. T. Campbell Investments • CUP-08-003 -Conditional Use Permit for 21 multi-family dwelling units in a proposed R-15 zoning district, by D. T. Campbell Investments • PS-08-002 -Private Street approval within the proposed Villas @ Lochsa Falls Multi-family Development • ALT-08-005 -Alternative Compliance for an alternative design from the parking requirements and alternative compliance for the landscaping requirements adjacent to walking paths, by D. T. Campbell Investments 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, D.T Campbell Investments, has applied for Annexation and Zoning (AZ) of 3.0 acres from RUT (Ada County) to R-15 (Medium-high Density Residential). Concurrently, the applicant has submitted for Preliminary Plat (PP) approval of one residential lot and one common lot; Conditional Use Permit (CUP) approval to construct amulti-family development consisting of 21 condominium units and exercise cabana; a private street (PS) application for three private streets within the proposed development and alternative compliance (ALT) from two UDC standards: 1) to allow for an alternative design from the 20' X 20'parking pad requirement and 2)an alternative design for the 5-foot landscape strip adjacent to pathways. The applicant is proposing to develop the site with 21 condominium units ranging in size from 1,500 to 1,750 square feet. There is also a 120 square foot exercise cabana with fitness pool proposed for this site. The proposed dwelling types include 5 individual detached buildings and 8 dual unit buildings for a total of 13 buildings on the site, excluding the cabana. Although there are different floor plans, all units will be 3 bedroom and 2.5 baths. The proposed units will feature two car attached garages located at the rear of the homes units except for the 4 detached units internal to the development. The applicant is proposing tandem parking instead of the 20' X 20' parking pad and 10 guest parking stalls for the 4 internal units that do not have any parking pads in front of the garages. The applicant is proposing that no more than two exterior treatments of homes be repeated side by side in the proposed development. Access to the site will be via Cedar Grove (currently a half street section) via a cul-de sac that will be dedicated to ACHD and will be extended if/when the parcel to the south annexes into the City. The applicant is also proposing three private streets that will provide access and circulation within the proposed development. The subject site is located at 5555 N. Linder Road in Section 26, T4N, Rl W. 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. Villas @ I.ochsa Falls AZ, PP, CUP, PS & ALT PAGE 1 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 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, Preliminary Plat, Conditional Use Permit, Private Street, and Alternative Compliance applications. Staff is recommending approval for the proposed Villas @Lochsa Falls Development (AZ-08-002, PP-08-002, CUP-08-003, PS-08-002, & ALT-08-005) with included conditions listed in Exhibit B of the Staff Report. The Meridian Planninst & Zonine Commission heard these items on March 6 2008 At the public hearing the Commission moved to recommend approval of the subject 7,- PP and CUP request a. Summary of Commission Public Hearing: i. In favor: Evelyn Grimes (Applicant's Representative) Scott Stanfield ii. In opposition: None iii. Commentins:: None iv. Written testimony: None v. Staff presentine application: Bill Parsons vi. Other staff commenting on application: Caleb Hood b. Kev Issue(s) of Discussion by Commission: i. The requirement for additional common open space alonsr the northern boundary c. Kev Commission Chancre(s) to Staff Recommendation: i. The applicant has updated the site plan to reflect the Planning and Zoning Commission's recommendation to increase the common open space on the site Staff has attached the revision in Exhibit A of the Staff Report. ii. Modify Condition 1.1.2(DA Provisions) to construct a maximum of 21 units iii. Modify Condition 1.4.1 to allow a maximum of 21 units and increase the amount of open space from 10 feet to 20 feet measured from the apron of the pool to the west and also include a barbeaue pit area. d. Outstandinss Issue(s) for Citv Council: i. Common open space for the site. Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-08-002, PP-08-002 and CUP-08-003 (PS and ALT optional) as presented in staffreport for the hearing date of Villas @Lochsa Falls AZ, PP, CUP, PS & ALT PAGE 2 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL I, 2008 April 1, 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-08-002, PP-08-002 and CUP-O8-003 (PS and ALT optional) as presented during the hearing on April 1, 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-08- 002, PP-08-002 and CUP-08-003 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: 5555 N. Linder Road Section 26, T4N, Rl W b. Owners: Catherine Nelson 5555 N. Linder Road Meridian, Idaho 83642 c. Applicant: D. T. Campbell Investments 3313 W. Cherry Lane Meridian, Idaho 83642 d. Representative: Bert Kirby, Mason and Stanfield Evelyn Grime, Place! Design and Planning e. Present Zoning District: RUT (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant has applied for annexation and preliminary plat approval of 21ots on 3 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 21 units and an exercise cabana. The 21 units aze 5 individual detached buildings and 8 dual unit buildings for a total of 13 buildings on the site. The applicant is also requesting approval to construct three private streets and alternative compliance for the 20' X 20' pazking pad in front of the units. In addition, an alternative design is proposed for the 5-foot landscaping along the walkway proposed in the development. 1. Date of preliminary plat (attached in Exhibit A): January 2, 2008 2. Date of site/landscape plan (attached in Exhibit A): January 31, 2008 3. Elevations (attached in Exhibit A) h. Applicant's Statement/Justification: The Villas @ Lochsa Falls is proposed as a planned community through a condominium plat. The Villas will consist of 21 individual homes on 3 acres with a density of 7 dwelling units to the acre. Each home will consist of 3 bedrooms and 2.5 bathes ranging from 1,500 to 1,750 squaze feet with attached two caz garages and single wide driveways. The home design is to create the appearance of lazger homes while maintaining the compatibility with the surrounding residential properties. Each home will have specific exterior detailing to heighten the differences between the homes. The idea is not to repeat the same exterior treatment within the Villas @ Lochsa Falls AZ, PP, CiJP, PS & ALT PAGE 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 proposed development. Each home site encompasses approximately 2,700 squaze feet with private rear yards, covered patios and private courtyards. Amenities for the site include walking paths, central plaza and water fountain, neighborhood fitness pool and exercise cabana. The Villas will incorporate the use of private streets for access to the development. ACRD has also reviewed the public street portion into the development and supports the configuration on the preliminary plat. In addition, alternative compliance is requested to allow tandem style pazking instead of the 20 X 20 pazking pad in front of the garages of the units. Four of the units do not comply with this standazd and additional guest pazking stalls have been provided on site. The other alternative compliance request is to have a flexible design from the 5-foot landscaping adjacent to walking paths. The Villas project is proposing to meander the walking path allowing 5-foot wide areas for the planting of trees while and narrowing to three feet in places to enhance the aesthetics of the walkway while meeting the intent of the code. In summary, the Villas neighborhood extends the sense of place in keeping with the architectural theme of the surrounding neighborhoods and supporting the quality of life and lifestyles in the azea. (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, Chapter 5, a public hearing is not required on this matter. f. Newspaper notifications published on: February 18, 2008 and Mazch 3, 2008 (Planning and Zoning Commission); March 10, 2008 and March 24.2008 (Gifu Council) g. Radius notices mailed to properties within 300 feet on: February 12, 2008 (Planning and Zoning Commission); March 7.2008 (Gifu Council) h. Applicant posted notice on site by: February 25, 2008 (Planning and Zoning Commission); March 21, 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 azea surrounding the proposed development is primarily single-family residential. Villas @ Lochsa Falls AZ, PP, CLIP, PS & ALT PAGE 4 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 c. Adjacent Land Use and Zoning: 1. North: Lochsa Falls Subdivision No. 1; zoned R-4 2. West: Lochsa Falls Subdivision No. 1; zoned R-4 3. South: Single-family residence; zoned RUT (Ada County) 4. East: Rocky Mountain High School; zoned R-8 d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: N Linder Rd. Location of water: N Linder Rd and W Cedar Grove St. Issues or concerns: None. 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: N/A 5. Hazards: Staff is not awaze of any hazards associated with this property. 6. Size of Property: 3.0 acres 7. Gross Density: 7 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. Linder Road, an arterial roadway. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: The site is under the 5 acre requirement requiring 10% open space for the site. However, the applicant is required to comply with the multi-family standazds of the UDC for usable open space. Furthermore, 29 percent of is expected to be landscaped (excludes the structures and paving on the site). At this time the applicant does not comply with the useable open space requirements; see below for mote information. 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. The applicant has requested alternative compliance for this requirement. g. Amenities: For multi-family developments with more than 20 units, the decision making body shall require additional amenities commensurate to the size of the development (UDC 11-4-3.27D-2d). There aze 21 units proposed in this development. As a reference for multi-family developments between 20 and 75 units, 3 amenities are required, with at least one from each category (Quality of Life, Open Space, and Recreation). Amenities on site include: walking path throughout the development, bermed landscape buffer along N. Linder Road with a central plaza and water fountain, neighborhood fitness pool and exercise cabana. 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 gazages for each dwelling unit. However, the applicant has stated that the multi-family units aze proposed to be platted as condominiums in the future. If the multi-family units aze platted for condominiums (the city would then classify the units as single-family), the UDC requires a 20' X 20' pad in front of the garages for single-family units. The applicant has requested alternative compliance for this standard. Parking will be provided in front of the units via tandem parking stalls Villas @Lochsa Falls AZ, PP, CUP, PS 8i ALT PAGE 5 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL I, 2008 except for the four single detached units internal to the development. Guest parking has been provided to comply with the additional parking requirements for those units. See below for further analysis. i. Required Dimensional Standards: The UDC requires a minimum 10' setback measured from the perimeter of the subdivision. j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing three private streets that will provide access and circulation within the proposed development. Primary access to the site is proposed from Cedar Grove (half street section) via a cul- de-sac that will be dedicated to ACRD and will be extended if/when the parcel to the south annexes into the City. ACRD has reviewed the public street section and supports the applicant's design. 7. AGENCY COMMENTS MEETING On February 15, 2008, staffheld an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Sanitary Services, 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 21 units on 3 acres for a gross density of 7 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 pazcels. Villas @ Lochsa Falls AZ, PP, CLJP, PS & ALT PAGE 6 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 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 N. Linder Road. Within the required buffer the applicant is proposing to construct a berm, S- foot walking path and a 3 foot wall adjacent to the walking path. • 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 subdivision to the west has provided opportunities for the subject site to provide vehicular connectivity. The applicant is proposing to extend the existing public street (Cedar Grove) via a cul-de-sac. The existing roadway thatprovides vehicular connection to the proposed development is split between the applicant's property and an Ada County parcel to the south. Until the Ada County parcel requests annexation the cul-de-sac will remain partially unimproved until development is 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 Lochsa Falls project to the west has provided an opportunity for a pedestrian connection to this property. The applicant is extending the side walkfrom the adjacent subdivision and connecting it to the walkways within the proposed development. Said walkways also connect to the attached sidewalk along Linder Road. The applicant is also provided future pedestrian connectivity to the Ada County parcel 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. The subject site has existing 6 foot cedar fencing along the western and northern boundaries. The applicant is proposing to construct new cedar fencing along the southern boundary. No fencing is proposed along the eastern boundary. Prior to any building permits the proposed fencing and Villas @Lochsa Falls AZ, PP, CUP, PS & ALT PAGE 7 • . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL I, 2008 temporary fencing will be installed to contain debris. 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 (UDC) 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. 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 Chazacter, Landscaping, and Maintenance. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 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 the proposed 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 would develop with 21 condominium units. Density: As noted on the Comprehensive Plan Future Land Use Map, this azea 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 7 dwelling units to the acre. The applicant complies with the density allowed in an R-15 zone and the Comprehensive Plan. Staff is generally supportive of the proposed density. 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 Darin Holzhey, PLS, dated January 28, 2008 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. Because the applicant is requesting an R-15 zoning district, and there are R-4 zoned lots adjacent, staff believes that a Development Agreement is necessary. Staff is recommending that a DA provision restrict the development of this property to a mazimum of ~A 21 units and to comply with the conceptual site plan and Villas @ Lochsa Falls AZ, PP, CUP, PS & ALT PAGE 8 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 elevations submitted with the CUP (see Exhibit B for DA provisions). If the Commission and/or Council believes that there are additional DA provisions 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 2-lot, multi-family development. Please see below and Exhibit D for detailed analysis and facts and findings for a preliminary plat. Dimensional Requirements of the R-15 zone per UDC Table 11-2A-7: The applicant is proposing one residential lot and one common lot within an R-15 zoning district. A 25-foot wide landscape street buffer is required along Linder Road. The UDC requires a minimum lot size of 2,400 square feet in the R-15 district. The UDC requires street frontage for lots in the R-15 district. The proposed buildable lot complies with the R-15 zoning district dimensional standards. NOTE: Internal setbacks listed in Table 11-2A-7 do not apply to multi-family developments. Landscaping: Linder Road is designated as an arterial roadway. The UDC requires a 25-foot wide landscape street buffer along Linder Road, an arterial roadway. Further, UDC 11-3B-7.C2a requires all residential street buffers be on a common lot. On the submitted preliminary plat the applicant does not show the street buffer landscaping within a common lot. The submitted landscape shows a 25-foot bermed landscape buffer and complies with the number of required trees. However, the site/landscape plan does not call out the number plantings, the class and the caliper of the trees proposed. The applicant should revise the landscape plan and plat to show the appropriate plantings and the buffer in a common lot, prior to submitting for a final plat. Furthermore, the proposed sidewalk connection to the e~sting Lochsa Falls sidewalk on Cedar Grove (west of the site) tapers from 5 feet to 2 feet on the submitted plat. UDC 11-3A-17A requires sidewalk widths of 5 feet for attached or 4 feet for detached. Prior to final platting, the applicant should comply with the UDC sidewalk width. The applicant is proposing to construct an internal pathway system for recreational use. The submitted landscape plans do show the trees and groundcover required by UDC 11-3B-12. Pathways should also be constructed in accordance with UDC 11-3A-8. The applicant is in compliance with the UDC. Further analysis is provided below regarding alternative compliance for the landscaping width along the pathway. A visit to the site revealed there are existing trees on the site. However the submitted landscaping plan does not show existing trees. Nor are they referenced to be protected and incorporated into the design of the project or being identified as being removed and mitigated for. 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. This should be included on the updated landscape plan as well. 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. ALT (Alternative Compliance) Application: UDC 11-3B-12 requires a 5-foot landscape strip along both sides of walkways with trees planted every 35 linear feet. By requiring a 5-foot landscape strip along pathways, the walking path along the west side of the property would either be placed along the Villas @Lochsa Falls AZ, PP, CUP, PS & ALT PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 existing fencing of single family residences or adjacent to the garages of the two units that parallel the pathway. For aesthetic reasons, the applicant is proposing to vary the widths of the landscaping strips along the pathway to allow 5 feet for the planting of trees and narrow to 3 feet in areas to be planted with shrubs and plants while maintaining the 5-foot pathway. Portions of the walking path would still be at the back of the residential fencing; however the impact is less than having the entire fencing located along the west property owner's fence line. Staff believes this a better alternative because it allows for a variety of plants, limits the impact to the residences on the west and meets the intent of the landscape ordinance. In Lieu of the Landscaping Standards, staff supports and approves ALT-08-005 associated with the findings in Exhibit D. 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 3 acres which does not require the site provide a minimum of 10% open space. However, the applicant is proposing some common open space areas with the subject development. The applicant will be required to comply with the open space requirements for multi-family developments (UDC 11-4-3-27C). See CUP Analysis for more information. Proposed Streets and/or Access: The applicant is proposing to extend the existing public street (Cedar Grove) into the site as a cul-de-sac. This existing roadway provides vehicular connection to the proposed development but is stubbed between the applicant's property and an Ada County parcel to the south. Until the Ada County parcel request annexation a small off-site portion of the cul-de-sac will remain unimproved until development is proposed. The applicant should coordinate with ACRD regarding the appropriate signage and road marldngs to direct the future residents and guests into the development. In addition to Cedar Grove, three 24-foot private streets are proposed that will provide access and circulation within the proposed development. The private street requirements will be further explained in the Private Street section below. 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 subject site has existing 6-foot cedar fencing along the western and northern boundaries. The applicant is proposing to construct new cedar fencing along the southern boundary. No fencing is proposed along the eastern boundary. Prior to any building permits the proposed fencing and temporary fencing will be required to be installed to contain debris. 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 a 21 unit multi-family development in a proposed R-15 zone. An exercise cabana and pool, along with a walking pathway highlight the amenities of the project. The applicant intends to condo the proposed development in the future. Staff is generally supportive of the development, and has included provisions that the Villas @ Lochsa Falls AZ, PP, CUP, PS & ALT PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARATE OF APRIL 1, 2008 applicant construct the project as amended and submits for a condo plat for the subject project in the future, as proposed. Multi-family Standards: The UDC has several specific standazds that apply to multi-family developments. 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 21 units; if the subject applications are approved (the city would then classify the units as single-family). Due to the size and nature of the development, Staff believes the requirements for the property management office, directory, site map 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. On the submitted site/landscape plan the applicant has provided a central mail box location for the development. Staff is generally supportive of the proposed site design. Multi-family Setbacks: The UDC requires a minimum 10-foot setback to the perimeter of the Subdivision for multi-family developments. The UDC does not have a specific setback between internal multi-family units. On the submitted site/landscape plan the applicant complies with the multi-family development setback standards. However, the four structures (the attached garages) adjacent to Linder Road indicate a 2.5 foot setback from the residential lot to the landscape street buffer boundary. Staff is conditioning that the landscape buffer area required on Linder Road be placed in a common lot, and not within an easement as proposed with the preliminary plat. The applicant should be aware that the building department may consider the common lot property line for setbacks rather than the subdivision boundary. The applicant should contact the building department for the appropriate building code requirements prior to CZC submittal. In addition, the exercise cabana along the north side of the property shows a 5 foot setback to the north. This structure is approximately 120 square feet and is considered an accessory building for the site. Staff is recommending the cabana increase in square footage from 120 square feet to 240 square feet. This change will require that the cabana be located at least 10 feet south of the north property line. Site Layout: The applicant is proposing several different structures on this site. The site is expected to develop with 14 buildings, including an exercise cabana. The mix of buildings includes 5 single detached buildings and 8 bi-unit buildings, totaling 21 units. The product type will range in size from 1,500 to 1,750 square feet. All of the units will be 3 bedrooms 2.5 baths with attached two car garages. The applicant is proposing an alternative to the 20' X 20' parking pad in front of the garages as required by code. The parking pads located in front of the garages aze 20 feet wide and taper down to 10 feet. The overall length of the driveway is at least 40 feet and the fast 20 feet incorporates a 5-foot landscape strip with a decorative trellis that highlights the entrance of the driveway. The four detached units internal to the development do not have the expanded driveway but have the trellis integrated in the front fagade of the garages. Ten guest parking stalls have been provided for the four internal units to provide additional parking for the development. In addition, the site is expected to have 29 percent landscaping. Staff is supportive of the general site layout submitted for this development, with the changes listed herein. Parking: UDC 11-3C-6A requires multi-family dwellings with 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 development is platted for condominiums in the future, the applicant would not comply with the single family parking standards of the UDC and has requested alternative compliance explained below. Villas @ Lochsa Falls AZ, PP, CUP, PS & ALT PAGE 11 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 ALT (Alternative Compliance) Application: The applicant has requested alternative compliance for the 20' X 20' parking pad requirement. Instead the applicant is proposing 2 car tandem car parks (10' X 40') in front of the garages highlighted by 5-foot wide landscape medians and a decorative wood trellis. For the four units that do not have any parking pads in front of the garage, ten guest parking stalls have been provided and comply with the dimensional standards of the UDC. Staff feels the applicant has provided adequate guest and resident parking for the proposed development. Therefore, in lieu of the typical Parking Standards of the UDC, staff supports and approves ALT-08-005 associated with the findings in Exhibit D. Elevations: The applicant has submitted front, side and rear building elevations for the housing types and the cabana. Building materials are to include: stucco, stone and masonry, wood siding, rough sawn timber (stained black, brown, Carmel or natural finish), architectural shingles. All of the homes in the development will be two stories with covered porches, private courtyards, and own private backyards enclosed with 6-foot cedar or vinyl fencing. The cabana is to be constructed of stucco with slate the banding along the top and bottom of the structure. The same architectural shingles will be used as proposed for the multi-family units. In the narrative submitted with the application, the applicant states the project does not propose to repeat two exterior styles side by side. Staff is supportive of varying the exterior styles and elevations. Staff likes the appearance of the proposed buildings and any future buildings on this site shall substantially comply with the construction materials and design elements shown in these elevations. 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. 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 site/landscape plan complies with the multi-family landscaping standards. Pedestrian Pathways: The applicant is proposing a pedestrian pathway within the development and it connects with the existing sidewalk west of the site on Cedar Grove. In addition, ACRD has required the applicant construct an attached 7-foot sidewalk adjacent to Linder Road. The applicant should construct sidewalks in accordance with City and ACRD policies. The applicant has also provided two connection points to the public sidewalks with the pathways in the development. Staff is generally supportive of the proposed pedestrian walkways in the development. Private Useable Open Space: UDC 11-4-3.27B requires a minimum of 80 square feet of private, usable open space 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 site/landscape plan, that each dwelling unit will provide at least 80 square feet of covered court yards for all of the units. This patio is being provided on the side of each unit. In addition, there are enclosed rear yards for each of the units that exceed the minimum of 80 square feet. Amenities: The applicant is required to provide amenities for the multi-family development. For multi-family developments with more than 20 units, the decision making body shall require additional amenities commensurate to the size of the development (UDC 11-4-3.27D-2d). There are Z 1 units Villas @ Lochsa Falls AZ, PP, CLJP, PS & ALT PAGE 12 i • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 proposed in this development. As a reference for multi-family developments between 20 and 75 units, 3 amenities are required, with at least one from each category (Quality of Life, Open Space, and Recreation). Amenities on site include: walking path throughout the development (recreation), bermed landscape buffer along N. Linder Road with a central plaza and water fountain (open space), neighborhood fitness pool and exercise cabana (recreation and quality of life). Staff is recommending that additional amenities be provided for this site. Staff recommends that the Commission determine if the proposed amenities, as revised by staff, are appropriate for a development of this size. Open Space: Because the site is less than five acres, the qualifying open space requirements of UDC 11-3G-3 aze not applicable. However, UDC 11-4-3.27C requires a minimum area of outdoor common open space to be provided as follows: a) 150 square feet for each unit containing 500 or less square feet of living area; b) 250 squaze 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 sepazated 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 1,500 square foot units to 1,750 squaze foot units. As mentioned above, the UDC requires 350 square feet for each unit containing more than 1,200 square feet of living azea. The multi-family development is proposing a total of 21. units. The minimum amount of open space required per code for all of the proposed multi-family development is 7,350 sq. ft (21 X 350 sq. ft). NOTE: Private useable open space is not considered common open space. The applicant is not proposing enough common open space azea to meet the requirements of UDC 11- 43-27C. To comply with the common open space requirement, Staff recommends the applicant lose one of the northern units adjacent to the cabana and incorporate this area into a common area/lot. If one unit is lost the applicant will have to provide 7,000 square feet of open space. In addition to providing an additional common area around the proposed cabana and pool area, Staff recommends that the applicant provide an additional amenity, including but not limited to, a gazebo, barbeque area or tot lot in this area. Furthermore, Staff recommends the square footage of the exercise cabana increase from 120 square feet to 240 square feet to provide for a more useable space. If these changes are made, staff is supportive of the common open space for the site. Maintenance of all common areas should be the responsibility of the Home Owners' Association. PS (Private Street) Application: In conjunction with the public cul-de-sac extension from the west, the applicant is proposing to construct three 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 aze all internal to the development and are to be constructed as a 24-foot street section and include a 4-foot sidewalk (pathway) on one side. The applicant has submitted a Private Street application as required by UDC 11-3F-3. Staff is supportive of the applicants request and has conditioned as such in Exhibit B. Staff is recommending approval for the proposed Villas @Lochsa Falls Development (A~08-002, PP-08- 002, CUP-08-003, PS-08-002, & ALT-08-005) with conditions listed in Exhibit B of the Staff Report. The Meridian Planning & Zoning Commission heard these items on March 6 2008 At the public hearing the Commission moved to recommend approval of the subiect 7,_ PP and CUP reauest The Meri ian itv Council heard these item on April 1 2008 A the public hearing the C'mmcil annrnvPd thn c„h;r.rf~ s ~ PP and CUP reaue t. Villas @Lochsa Falls AZ, PP, CLJP, PS & ALT PAGE 13 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 11. EDITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: 1-02-08) 3. Site/Landscape Plan (dated: 4-10-08) 4. Revised Site Plan (P & Z Commission's Open Snace Recommendation) 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 8. Settlers Irrigation District C. Legal Description & Exhibit Map 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 Villas @ Lochsa Falls AZ, PP, CLIP, PS & ALT PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 1. Vicinity Map RUT / ~s ' D "t k ~. ..._.. ~ E ~~~ R-S RUT S T -l~ ILLAN RD U `",~~1 ! RUT Exhibit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 2. 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Revised Site Plan (P & Z Commission's Open Space Recommendation) Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 i • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 Side and Rear Elevations s~c~ E~Ev~•~ ti ~tii ' ~:EA~ ~~EVATio~ Exhibit A • i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL I, 2008 Exhibit A • i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL I, 2008 Exhibit A Top view of the proposed homes • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 Cabana Elevations architectural shingle r~ 9 ° , 8" wood fascia 12" slate tale band ,~ 0 6' fence 6' fence •°~ r ` ° - 24" save h®~ hog - ~ stucco 12" slate the band 6" fence POOL SIDE ELEVATION 12'-0" v 30 30 30 50 ~~ RR ~2 E -- ~ ~ ~ ~, , - ~ .. _ N _ -~, _ ~ ~ bike EXERCISE v ~? . - ~ _ . - ~C :: _ - ~.~a _ . . - ~ - ~ - FLOOR PLAN .- ~~ . -POOL PATIO ~-. ~ - = - ~ .- ~ - ~ ~- -~- ~ = EXERCISE CABANA . - VILLAS AT LOCHSA FALLS ~ J O scale : 3/I 6" = I'~O°' PLACE !Inc. Z Exhibit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 B. Conditions of Approval 1. PLA1vNING 1.1 ANNEXATION/ZONING 1.1.1 The annexation and zoning legal descriptions submitted with the application (stamped on January 28, 2008 by Darin Holzhey, PLS) is accurate and meet the requirements of the City of Meridian. 1.1.2 A Development Agreement will be required as part of the annexation and zoning of this property. Prior to the annexation 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 developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: • Construct a maximum of 29 21 units on this site and comply with the site/landscape plan and elevations submitted with the CUP, as amended. • No two building in a row (side by side) shall have the same elevation or exterior style. Building materials on this site are to include: stucco, stone and masonry, wood siding, rough sawn timber (stained black, brown, Carmel or natural finish) and architectural shingles. Any future buildings shall substantially comply with the construction materials and design elements shown in these elevations. • The applicant shall submit for a condo plat for the subject project in the future, as proposed. 1.2 PRELIMINARY PLAT 1.2 Site Specific Conditions 1.2.1 All comments and conditions of the accompanying Annexation (AZ-08-002) and Conditional Use Permit (CUP-08-003) applications shall also be considered conditions of the Preliminary Plat (PP-08-002).The Z-lot preliminary plat prepared by Mason Stanfield, dated January 2, 2008 (attached in Exhibit A), is approved with the following modifications: The 25-foot landscape buffer along N. Linder Road shall be platted as a common lot in accordance with the UDC. The applicant shall construct a 5-foot wide sidewalk to the terminus of the property and taper to 4- foot with the connection to the existing 4-foot detached sidewalk adjacent to Cedar Grove. Add a common lot or common easement area on the north side of the plat, as required with the concurrent CUP application. 1.2.2 Access to this site shall be provided from the extension of Cedar Grove to the west. Direct lot access to N. Linder Road prohibited. Cedar Grove shall be extended so the Ada County parcel to the south can also have access. The applicant shall coordinate with ACHD regarding the appropriate signage and road markings to direct the future residents and guests into the development. 1.2.3 Prior to the City Engineer's signature on the final plat, all existing structures on this site shall be removed. Prior to the issuance of any building permit for a new dwelling unit, the final plat shall be recorded. 1.2.4 The landscape plan prepared by Place! Design and Planning, dated January 31, 2008, labeled Sheet A1.0 (attached in Exhibit A), is approved with the following notes/changes: • Provide a minimum 25-foot wide bermed landscape buffer along N. Linder Road with a 5-foot detached sidewalk for Linder Road. All landscape materials shall be installed in accordance with UDC 11-3B-9, Landscape Street Buffers. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 • 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 internal pathway in accordance with UDC 11-3A-8 and UDC 11-3B-12. Said plantings and design of the pathway adjacent to the west side of the property shall be constructed and landscaping installed, as proposed with ALT-08-002. • The landscaping plan shall have a legend identifying the number plantings, the class and the caliper of the trees proposed. • Construct a 6-foot tall cedar fence along the south boundary, as proposed. • 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. 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 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. 1.2.7 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. 1.2.8 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. 1.2.9 Sidewalks/walkways shall be installed within the subdivision and along the adjacent streets pursuant to UDC 11-3A-17. Coordinate with ACHD the extension of the sidewalk on Cedar Grove. 1.2.10 Provide private streets within the development as approved with PS-08-001. 1.3 GENERAL CONDTI'IONS 1.3.1 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.2 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. 1.3.3 The Applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided at the time of building permit submittal, 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 maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.4 Staffs failure to cite specific ordinance provisions or terms of the approved annexation or preliminary plat does not relieve the Applicant of responsibility for compliance. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 1.3.5 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.4 CONDITIONAL USE PERMIT 1.4.1 The site/landscape plan, prepared by Place! Design and Planning, dated April 10, 2008 is approved. Revise the plan to show the following modifications: . A maximum of 2A 21 units are approved; a minimum of 7,000 square feet of common open space shall be provided. Increase the amount of open space from 10 feet to 20 feet measured from the apron of the pool to the west to also include a barbequ_pit area in said common open space. • Increase the square footage of the cabana to be at least 240 square feet and be located no closer than 10-feet to the north property line. 1.4.2 All comments and conditions of the accompanying Annexation (AZ-08-002) and Preliminary Plat (PP- 08-002) applications shall also be considered conditions of the Conditional Use Permit (CUP-08-003). 1.4.3 In addition to the amenities listed herein, provide a minimum of 7,000 square feet of common open space. 1.4.4 The site/landscape plan prepared by Place! Design and Planning, dated April 10, 2008, is approved with the following modifications/notes: • The applicant shall comply with the landscaping along the foundation for the multi-family units as proposed. • Add the open space and amenities as outlined herein. • Construct sidewalk in accordance with City Policy and ACRD standards. 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-08-002. 1.4.6 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 site/landscape plan. 1.4.7 Provide amenities for the development as follows: walking path throughout the development (recreation), bermed landscape buffer along N. Linder Road with a central plaza and water fountain (open space), neighborhood fitness pool and 24(1 sq. ft. exercise cabana (recreation and quality of life), as proposed. Add an additional amenity to the development, such as a tot lot, gazebo or barbeque area. 1.4.8 Building setbacks, separation between proposed structures shall comply with the Building Code and Fire Code. The applicant shall contact the building department for the appropriate building code requirements prior to issuance of a CZC. 1.4.9 As determined by the Planning Director, the multi-family buildings and exercise cabana constructed on this site shall substantially comply with the renderings submitted to the City with the CUP application, and as modified by the conditions of approval herein. Building materials on this site are to include: Exhibit B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 stucco, stone and masonry, wood siding, rough sawn timber (stained black, brown, Carmel or natural finish) and architectural shingles. 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. 1.4.10 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. 1.4.11 Prior to CZC issuance, provide permanent or temporary construction fencing around the entire perimeter of the site. 1.4.12 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. 1.4.13 Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, amenities and landscaping shall be installed. 1.4.14 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. 1.4.15 Provide a centralized mail box location, as proposed. 1.4.16 Comply with all of ACHD's requirements and conditions for this project. 1.4.17 Construct the driveways as proposed with ALT-08-005 including 10' X 40' parking pad with a 5-foot landscape strip accented with the wood trellis. For the four internal units with no parking pads provide ~ nine guests parking stalls, as proposed. 1.5 PRIVATE STREET 1.5.1 Construct W. Naleigh Street, N. Dylan Avenue and W. Talia Street as 24-foot street sections that include 4-foot wide sidewalks (walkway) in accordance with UDC 11-3F-4, as shown on the submitted plans. 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. Z. .PUBLIC WORKS DEPARTMENT' 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N Linder Road from manhole number 59. This manhole was installed with the Lochsa Falls Subdivision #1 and is approximately 255 feet north of this projects North property line. 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 Linder Rd and W Cedar Grove St. The applicant shall be responsible to install water mains to and through this development, coordinate Exhibit B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 main size and routing with Public Works. 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 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. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.6 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. 2.7 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. 2.8 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. 2.9 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. 2.10 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. 2.11 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. 2.12 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. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 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. Exhibit B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 2.18 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. 2.19 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. 2.20 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. 2.21 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 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.2 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.3 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.4 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. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.5 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. 3.6 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). Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 3.7 Pool chemicals shall be stored in compliance with the International Fire Code. 4. POLICE DEPARTMENT 4.1 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. Additional lighting of the 4-foot bollard type or similar shall be located along the walking paths on both the east and west side of the development to illuminate the wallcways in the nighttime hours or pedestrian safety. 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 Provide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they intersect a public street. 7. ADA COUNTY HIGHWAY DISTRICT (NO COIVIlVIlrNTS RECEIVED) 7.1 Site Specific Conditions of Approval 8. SETTLERS IRRIGATION DISTRICT 8.1 All irrigation /drainage facilities along with their easements must be protected and continue to function. 8.2 A Land Use Change Application must be on file prior to any approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 8.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District's Board of Directors. 8.5 All storm drainage must be retained on-site. 8.6 A pressure irrigation system must be provided to service all lots within the above-mentioned subdivision from the current delivery point. Exhibit B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 C. Legal Description and Exhibit Map e3.~J®~ Pr°f~sianal F~9lnaers, lend Sur~rars and Planners ,~,w ,,~ __ _ . L~ ~l ~~i~~ _ - 314 Radials S'Y. Caldwell, ID 836Qb s jnc Ph {208) 454-1256 Faix (2Q8) 454-0979 e-mai!• dljolzh~XL3~,g.us FOR Dustin Campbell JOB NO.: MR1907 DATE; January 28, 2008 ANNEXATION DESCRII~ION A parcel of land beffig a portion of dae NEl/4 SEl /4 of Section 26, Township 4 North, Rattgel West, Boise Meridian, Ada County Idaho, mare particularly described as follows: Commencing ax the northeast ~rner of said N61/4 SEU4; Thence S 00° 24' 31" W a distance of 250.E feet slang the east boundary of said NEl/4 SEl/4 to the POINT OF BEGINNING; Theme S 00° 24' 31" W a distance of 370.50 feet along said east boundary to a poim; Thence N 89° 35' 29" W a distance of 352.71 feet per~ndicular to said east ~undary to a paint; Thence N QO° 24' 31" E a distaste of 370.50 feet parallel with the east bo~mdary of sand NEl/4 SElt4 to a point; Thence S 89° 35' 29" E a distance of 352.71 feet perpendicular to the east boundary c!f sand NEl/4 SEl/4 to the POINT OF BEGIIVNING; "This easement cantaiffi 3.000 acres more ar less. SUBJECT TO: All existing rights of way and easements of record or implied appearing on the above-described parcel of land. t3~ ~2920~ ~w °os. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 ®~ ®i ~ i ~ ~ r~ F~~ ~ 1 9 f 7 ~.$7~ aa. ff ~ ~.~ 4r!'og S8 k ~ j~ X C 1,%4 i I A _ A a 4: ~= ~ C~ 8 iy, f r O 1 ~ r'i ~ i M i g .~ C a i:ry ~ N -- O ~ ~~Q ~ tao G s ~~ ~~ Furs rev, ~~o ~ PARtT ~ T#~ ~w ~/4, ~ ZB,~~Ty.4y j~N~L.~, ~q i~~ y~-., 0 ~ eyl'7S'tO bM// ~~ 6 N/A NEY. Q BQWf NR N OATCnt -t ,~~~„ 1 Cis t Exhibit C ~ 29 2~ ne~tn~u Pue~ W4RY(3 DEP1: CITY OF MERIDIAN PLANNIN• EPARTMENT STAFF REPORT FOR THE HEAR~DATE OF APRIL 1, 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 City Council finds 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 City Council finds that multifamily developments are conditional uses within the R-15 zoning district. The Commission 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 City Council finds 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 City Council finds 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 City Council finds 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 City 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 City Council fmds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. The City 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. Exhibit D • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer., water, and utilities for the development at their own cost, the City Council 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 City 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's 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 City Council is unaware of any natural, scenic, or historic features on this site. Therefore, the City Council fmds 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 City Council finds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed use is in general conformance with the comprehensive plan (please see Section S 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 existing or intended character of the Exhibit D • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the proposed multi-family development (as amended in Exhibit B) should be compatible with other uses in the general azea and will not adversely change the character of the azea. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposal will adversely affect the other properties in the azea. 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 City Council fords 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. Staff recommends that the Commission and Council rely on any public testimony received when making this fording. 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. The City Council finds that the proposed use will be served adequately by essential public facilities and services. Please refer to the comments and conditions prepazed by the Meridian Fire Department, Police Department, Pazks 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 City 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 aze expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. The City Council fords that the proposed uses should not create excessive additional costs for facilities or services and should not be detrimental to the economic welfaze 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 City Council fords that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfaze of the surrounding area. The City Council does not believe that the amount of traffic or noise generated will be detrimental to the general welfaze of the public. Staff recommends that the Commission and Council reference any public testimony that maybe presented to determine whether or not the proposal may cause health, safety or environmental problems of which staff are unawaze. 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 City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Staffrecommends that the Commission and Council reference any public testimony that may be presented to determine whether or not Exhibit D • '! CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 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 Staff does not anticipate any hazazd, 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 In addition to the garages, the applicant is proposing to provide 2 tandem car parks for most units and provide t~ nine guest parking stalls for the four internal units that have no parking pad. The applicant's design complies with the parking requirements of amulti-family development. The applicant has also added additional landscaping by integrating a 5-foot center parking strip and wood trellis to accenting the front fagade and entrances of the driveway. For the landscaping adjacent to the west side pathway, the applicant still meets the tree planting requirements of the UDC. The applicants design stagers the walkway at 5-foot and 3-foot intervals to accommodate the required trees and allow for the planting of shrubs and trees in the 3-foot sections. Staff finds the applicant's request meets the intent of the City's parking and landscape standards. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and Staff finds the alternative compliance does provide a superior means for meeting the City's pazking and landscape standards and provides a single family ambience to the development. The alternative the applicant is proposing provides the required parking and meets the required plantings in accordance with the UDC. Therefore, Staff is supportive of the applicants request for alternative compliance from the landscape and parking standazds. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. Staff finds that the proposed alternative will not be detrimental to the public welfaze or impair the use / character of the surrounding properties. Exhibit D April 11, 2008 MERIDIAN CITY COUNCIL MEETING April 15, 2008 P P 08-002 APPLICANT D.T. Campbell Investments ITEM NO. 5-~ REQUEST Findings for Approval -- Request for Preliminary Plat approval with 1 residential building lot and 1 common lot in a proposed R-15 zone for Villas Lochsa Falls -- 5555 North Linder Road AGENCY COMMENTS CITY CLERK: See attached NAtnutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Findings CITY ATTORNEY CITY POLICE DEPT: C~~ 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: ~G~ ~~ Date: y- ~ ~-Q$' Phone: ~, ~- ~(~(a Emailed: ~1/~1 ~ Staff Initials: M rlals presented public meetings shall become properly of the Clay of Meridian. 0 I~ECEIVEIt ~1~~ ~ ~ 200 t%ity' elf Merio~an City Clea~k Coco CITY OF MERIDIAN E IDII~N~ FINDINGS OF FACT, CONCLUSIONS OF LAW AND ' ®~' DECISION & ORDER In the Matter of Annexation and Zoning of 3.0 acres from Ada County RUT to R-15 (Medium Density Residential); Preliminary Plat with 1 Residential Building Lot and 1 Common Lot in a proposed R-15 zoning district; Conditional Use Permit for 21 multi- family dwelling units in a proposed R-15 zoning district; Private Street approval within the proposed Villas @Lochsa Falls Multi-family Development; and Alternative Compliance for an alternative design from the parking requirements and alternative compliance for the landscaping requirements adjacent to walking paths, for Villas @Lochsa Falls, by D. T. Campbell Investments Case No(s). AZ-08-002, PP-08-002, CUP-08-003, PS-08-002, ALT-08-005 For the City Council Hearing Date of: April 1, 2008 (Findings on the Apri115, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 1, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 1, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 1, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 1, 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-08-002, PP-08-002, CUP-08-003, PS-08-002, ALT-08-005 -I- • C~ 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, and the Conditions of Approval all in the attached Staff Report for the hearing date of April 1, 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 January 2, 2008 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of April 1, 2008 incorporated by reference. 3. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of April 1, 2008 incorporated by reference. 4. The Applicant's Annexation request, as evidenced by having submitted the legal description and exhibit map, stamped and dated January 28, 2008, by Darin Holzhey, PLS, is hereby conditionally approved; 5. The applicant's Site/Landscape Plan as evidenced by having submitted the Site/Landscape Plan dated April 10, 2008 is hereby conditionally approved; 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-08-002, PP-08-002, CUP-08-003, PS-08-002, ALT-08-005 -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 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-08-002, PP-08-002, CUP-08-003, PS-08-002, ALT-08-005 -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 April 1, 2008 By action of the City Council at its regular meeting held on therj+~" da of y ~ ~ ,Zoos. COUNCIL MEMBER DAVID ZAREMBA VOTED l,~ o~ COUNCIL MEMBER JOE BORTON VOTED t, o`. COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIlZD VOTED Ua¢,~ MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ~ /G2~.~~ ~~~~~~,,, ~ " dt,~'~rruny a Weerd ,~`~ .~ Attest: `~~`C?~ ~~~'" ;~ ~r ~~ ~o B~AL Jaycee ohnan, City Clerk=, ~~ c Copy served upon Applicant, The ~'1`dnnin~g-+D~partment, Public Works Department and City Attorney. BY' Dated: ~~ ~~'~~ rty Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-002, PP-OS-002, CUP-08-003, PS-08-002, ALT-08-005 -4- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 STAFF REPORT Hearing Date: April 1, 2008 TO: Mayor and City Council A FROM: Bill Parsons, Associate City Planner E IDIL'~N^ '' 208-884-5533 ~ ~~ ~ SUBJECT: Villas @ Lochsa Falls • AZ-08-002 -Request for Annexation and Zoning of 3.0 acres from Ada County RUT to R-15 (Medium Density Residential), by D. T. Campbell Investments • PP-08-002 -Request for a Preliminary Plat with 1 Residential Building Lot and 1 Common Lot in a proposed R-15 zoning district, by D. T. Campbell Investments • CUP-08-003 -Conditional Use Permit for 21 multi-family dwelling units in a proposed R-15 zoning district, by D. T. Campbell Investments • PS-08-002 -Private Street approval within the proposed Villas @ Lochsa Falls Multi-family Development • ALT-08-005 -Alternative Compliance for an alternative design from the parking requirements and alternative compliance for the landscaping requirements adjacent to walking paths, by D. T. Campbell Investments 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, D.T Campbell Investments, has applied for Annexation and Zoning (AZ) of 3.0 acres from RUT (Ada County) to R-15 (Medium-high Density Residential). Concurrently, the applicant has submitted for Preliminary Plat (PP) approval of one residential lot and one common lot; Conditional Use Permit (CUP) approval to construct amulti-family development consisting of 21 condominium units and exercise cabana; a private street (PS) application for three private streets within the proposed development and alternative compliance (ALT) from two UDC standards: 1) to allow for an alternative design from the 20' X 20'parking pad requirement and 2)an alternative design for the 5-foot landscape strip adjacent to pathways. The applicant is proposing to develop the site with 21 condominium units ranging in size from 1,500 to 1,750 square feet. There is also a 120 square foot exercise cabana with fitness pool proposed for this site. The proposed dwelling types include 5 individual detached buildings and 8 dual unit buildings for a total of 13 buildings on the site, excluding the cabana. Although there are different floor plans, all units will be 3 bedroom and 2.5 baths. The proposed units will feature two car attached garages located at the rear of the homes units except for the 4 detached units internal to the development. The applicant is proposing tandem parking instead of the 20' X 20' parking pad and 10 guest parking stalls for the 4 internal units that do not have any parking pads in front of the garages. The applicant is proposing that no more than two exterior treatments of homes be repeated side by side in the proposed development. Access to the site will be via Cedar Grove (currently a half street section) via a cul-de sac that will be dedicated to ACHD and will be extended if/when the parcel to the south annexes into the City. The applicant is also proposing three private streets that will provide access and circulation within the proposed development. The subject site is located at 5555 N. Linder Road in Section 26, T4N, R1W. 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. Villas @ Lochsa Falls AZ, PP, CUP, PS & ALT PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 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, Preliminary Plat, Conditional Use Permit, Private Street, and Alternative Compliance applications. Staff is recommending approval for the proposed Villas @Lochsa Falls Development (AZ-08-002, PP-08-002, CUP-08-003, PS-08-002, & ALT-08-005) with included conditions listed in Exhibit B of the Staff Report. The Meridian Planning & Zoning Commission heard these items on March 6 2008 At the public hearing the Commission moved to recommend approval of the subiect PP and CUP request a. Summary of Commission Public Hearing: i. In favor: Evelyn Grimes (Applicant's Representative) Scott Stanfield ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Caleb Hood b. Kev Issue(s) of Discussion by Commission: i. The requirement for additional common open space along the northern boundary c. Kev Commission Change(s) to Staff Recommendation• i. The applicant has updated the site plan to reflect the Planning and Zoning Commission's recommendation to increase the common open space on the site Staff has attached the revision in Exhibit A of the Staff Report. u. Modify Condition 1.1.2(DA Provisions) to construct a maximum of 21 units iii. Modify Condition 1.4.1 to allow a maximum of 21 units and uncrease the amount of open space from 10 feet to 20 feet measured from the apron of the pool to the west and also include a barbecue pit area. d. Outstanding Issue(s) for City Council: i. Common open space for the site. Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-08-002, PP-08-002 and CUP-08-003 (PS and ALT optional) as presented in staff report for the hearing date of Villas @Lochsa Falls AZ, PP, CUP, PS & ALT PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 April 1, 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-08-002, PP-08-002 and CUP-08-003 (PS and ALT optional) as presented during the hearing on April 1, 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-08- 002, PP-08-002 and CUP-08-003 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: 5555 N. Linder Road Section 26, T4N, Rl W b. Owners: Catherine Nelson 5555 N. Linder Road Meridian, Idaho 83642 c. Applicant: D. T. Campbell Investments 3313 W. Cherry Lane Meridian, Idaho 83642 d. Representative: Bert Kirby, Mason and Stanfield Evelyn Grime, Place! Design and Planning e. Present Zoning District: RUT (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant has applied for annexation and preliminary plat approval of 21ots on 3 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 21 units and an exercise cabana.. The 21 units are 5 individual detached buildings and 8 dual unit buildings for a total of 13 buildings on the site. The applicant is also requesting approval to construct three private streets and alternative compliance for the 20' X 20' parking pad in front of the units. In addition, an alternative design is proposed for the 5-foot landscaping along the walkway proposed in the development. 1. Date of preliminary plat (attached in Exhibit A): January 2, 2008 2. Date of site/landscape plan (attached in Exhibit A): January 31, 2008 3. Elevations (attached in Exhibit A) h. Applicant's Statement/Justification: The Villas @ Lochsa Falls is proposed as a planned community through a condominium plat. The Villas will consist of 21 individual homes on 3 acres with a density of 7 dwelling units to the acre. Each home will consist of 3 bedrooms and 2.5 bathes ranging from 1,500 to 1,750 square feet with attached two caz garages and single wide driveways. The home design is to create the appeazance of lazger homes while maintaining the compatibility with the surrounding residential properties. Each home will have specific exterior detailing to heighten the differences between the homes. The idea is not to repeat the same exterior treatment within the Villas @ Lochsa Falls AZ, PP, CUP, PS & ALT PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 proposed development. Each home site encompasses approximately 2,700 square feet with private rear yards, covered patios and private courtyards. Amenities for the site include walking paths, central plaza and water fountain, neighborhood fitness pool and exercise cabana. The Villas will incorporate the use of private streets for access to the development. ACRD has also reviewed the public street portion into the development and supports the configuration on the preliminary plat. In addition, alternative compliance is requested to allow tandem style parking instead of the 20 X 20 pazking pad in front of the garages of the units. Four of the units do not comply with this standard and additional guest parking stalls have been provided on site. The other alternative compliance request is to have a flexible design from the 5-foot landscaping adjacent to walking paths. The Villas project is proposing to meander the walking path allowing 5-foot wide areas for the planting of trees while and narrowing to three feet in places to enhance the aesthetics of the walkway while meeting the intent of the code. In summary, the Villas neighborhood extends the sense of place in keeping with the azchitectural theme of the surrounding neighborhoods and supporting the quality of life and lifestyles in the azea. (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, Chapter 5, a public hearing is not required on this matter. f. Newspaper notifications published on: February 18, 2008 and Mazch 3, 2008 (Planning and Zoning Commission); March 10.2008 and March 24 2008 (Gifu Councill g. Radius notices mailed to properties within 300 feet on: February 12, 2008 (Planning and Zoning Commission); March 7.2008 (Gifu Councill h. Applicant posted notice on site by: February 25, 2008 (Planning and Zoning Commission); March 21.2008 (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. Villas @ Lochsa Falls AZ, PP, CiJP, PS & ALT PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 c. Adjacent Land Use and Zoning: 1. North: Lochsa Falls Subdivision No. 1; zoned R-4 2. West: Lochsa Falls Subdivision No. 1; zoned R-4 3. South: Single-family residence; zoned RUT (Ada County) 4. East: Rocky Mountain High School; zoned R-8 d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: N Linder Rd. Location of water: N Linder Rd and W Cedar Grove St. Issues or concerns: None. 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: N/A 5. Hazards: Staff is not aware of any hazards associated with this property. 6. Size of Property: 3.0 acres 7. Gross Density: 7 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. Linder Road, an arterial roadway. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: The site is under the 5 acre requirement requiring 10% open space for the site. However, the applicant is required to comply with the multi-family standards of the UDC for usable open space. Furthermore, 29 percent of is expected to be landscaped (excludes the structures and paving on the site). At this time the applicant does not comply with the useable open space requirements; see below for mote information. 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. The applicant has requested alternative compliance for this requirement. g. Amenities: For multi-family developments with more than 20 units, the decision making body shall require additional amenities commensurate to the size of the development (iJDC 11-4-3.27D-2d). There are 21 units proposed in this development. As a reference for multi-family developments between 20 and 75 units, 3 amenities are required, with at least one from each category (Quality of Life, Open Space, and Recreation). Amenities on site include: walking path throughout the development, bermed landscape buffer along N. Linder Road with a central plaza and water fountain, neighborhood fitness pool and exercise cabana. 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 (the city would then classify the units as single-family), the UDC requires a 20' X 20' pad in front of the garages for single-family units. The applicant has requested alternative compliance for this standard. Parking will be provided in front of the units via tandem parking stalls Villas @ Lochsa Falls AZ, PP, CiJP, PS & ALT PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 except for the four single detached units internal to the development. Guest parking has been provided to comply with the additional parking requirements for those units. See below for further analysis. i. Required Dimensional Standards: The UDC requires a minimum 10' setback measured from the perimeter of the subdivision. j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing three private streets that will provide access and circulation within the proposed development. Primary access to the site is proposed from Cedar Grove (half street section) via a cul- de-sac that will be dedicated to ACRD and will be extended if/when the parcel to the south annexes into the City. ACRD has reviewed the public street section and supports the applicant's design. 7. AGENCY COMMENTS MEETING On February 15, 2008, staffheld an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Sanitary Services, 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 21 units on 3 acres for a gross density of 7 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 (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. Villas @ Lochsa Falls AZ, PP, CiJP, PS & ALT PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 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 N. Linder Road. Within the required buffer the applicant is proposing to construct a berm, 5- foot walking path and a 3 foot wall adjacent to the walking path. • 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 subdivision to the west has provided opportunities for the subject site to provide vehicular connectivity. The applicant is proposing to extend the existing public street (Cedar Grove) via a cul-de-sac. The existing roadway that provides vehicular connection to the proposed development is split between the applicant s property and an Ada County parcel to the south. Until the Ada County parcel requests annexation the cul-de-sac will remain partially unimproved until development is 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 Lochsa Falls project to the west has provided an opportunity for a pedestrian connection to this property. The applicant is extending the side walkfrom the adjacent subdivision and connecting it to the walkways within the proposed development. Said walkways also connect to the attached sidewalk along Linder Road. The applicant is also provided future pedestrian connectivity to the Ada County parcel 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. The subject site has existing 6 foot cedar fencing along the western and northern boundaries. The applicant is proposing to construct new cedar fencing along the southern boundary. No fencing is proposed along the eastern boundary. Prior to any building permits the proposed fencing and Villas @Lochsa Falls AZ, PP, CiJP, PS & ALT PAGE 7 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL I, 2008 temporary fencing will be installed to contain debris. 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 (UDC) 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. 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 (iJDC 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. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 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 the proposed 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 would develop with 21 condominium units. 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 7 dwelling units to the acre. The applicant complies with the density allowed in an R-15 zone and the Comprehensive Plan. Staff is generally supportive of the proposed density. 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 Darin Holzhey, PLS, dated January 28, 2008 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. Because the applicant is requesting an R-15 zoning district, and there are R-4 zoned lots adjacent, staff believes that a Development Agreement is necessary. Staff is recommending that a DA provision restrict the development of this property to a ma~mum of ~9 21 units and to comply with the conceptual site plan and Villas @ Lochsa Falls AZ, PP, CUP, PS & ALT PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 elevations submitted with the CUP (see Exhibit B for DA provisions). If the Commission and/or Council believes that there are additional DA provisions 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 2-lot, multi-family development. Please see below and Exhibit D for detailed analysis and facts and findings for a preliminary plat. Dimensional Requirements of the R-15 zone per UDC Table 11-2A-7: The applicant is proposing one residential lot and one common lot within an R-15 zoning district. A 25-foot wide landscape street buffer is required along Linder Road. The UDC requires a minimum lot size of 2,400 square feet in the R-15 district. The UDC requires street frontage for lots in the R-15 district. The proposed buildable lot complies with the R-15 zoning district dimensional standards. NOTE: Internal setbacks listed in Table 11-2A-7 do not apply to multi-family developments. Landscaping: Linder Road is designated as an arterial roadway. The UDC requires a 25-foot wide landscape street buffer along Linder Road, an arterial roadway. Further, UDC 11-3B-7.C2a requires all residential street buffers be on a common lot. On the submitted preliminary plat the applicant does not show the street buffer landscaping within a common lot. The submitted landscape shows a 25-foot benned landscape buffer and complies with the number of required trees. However, the site/landscape plan does not call out the number plantings, the class and the caliper of the trees proposed. The applicant should revise the landscape plan and plat to show the appropriate plantings and the buffer in a common lot, prior to submitting for a final plat. Furthermore, the proposed sidewalk connection to the existing Lochsa Falls sidewalk on Cedar Grove (west of the site) tapers from 5 feet to 2 feet on the submitted plat. UDC 11-3A-17A requires sidewalk widths of 5 feet for attached or 4 feet for detached. Prior to final platting, the applicant should comply with the UDC sidewalk width. The applicant is proposing to construct an internal pathway system for recreational use. The submitted landscape plans do show the trees and groundcover required by UDC 11-3B-12. Pathways should also be constructed in accordance with UDC 11-3A-8. The applicant is in compliance with the UDC. Further analysis is provided below regarding alternative compliance for the landscaping width along the pathway. A visit to the site revealed there are existing trees on the site. However the submitted landscaping plan does not show existing trees. Nor are they referenced to be protected and incorporated into the design of the project or being identified as being removed and mitigated for. 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. This should be included on the updated landscape plan as well. 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. ALT (Alternative Compliance) Application: UDC 11-3B-12 requires a 5-foot landscape strip along both sides of walkways with trees planted every 35 linear feet. By requiring a 5-foot landscape strip along pathways, the walking path along the west side of the property would either be placed along the Villas @Lochsa Falls AZ, PP, CUP, PS & ALT PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL I, 2008 existing fencing of single family residences or adjacent to the garages of the two units that parallel the pathway. For aesthetic reasons, the applicant is proposing to vary the widths of the landscaping strips along the pathway to allow 5 feet for the planting of trees and narrow to 3 feet in areas to be planted with shrubs and plants while maintaining the 5-foot pathway. Portions of the walking path would still be at the back of the residential fencing; however the impact is less than having the entire fencing located along the west property owner's fence line. Staff believes this a better alternative because it allows for a variety of plants, limits the impact to the residences on the west and meets the intent of the landscape ordinance. In Lieu of the Landscaping Standards, staff supports and approves ALT-08-005 associated with the findings in Exhibit D. 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 3 acres which does not require the site provide a minimum of 10% open space. However, the applicant is proposing some common open space areas with the subject development. The applicant will be required to comply with the open space requirements for multi-family developments (UDC 11-4-3-27C). See CUP Analysis for more information. Proposed Streets and/or Access: The applicant is proposing to extend the existing public street (Cedar Grove) into the site as a cul-de-sac. This existing roadway provides vehicular connection to the proposed development but is stubbed between the applicant's property and an Ada County parcel to the south. Until the Ada County parcel request annexation a small off-site portion of the cul-de-sac will remain unimproved until development is proposed. The applicant should coordinate with ACRD regarding the appropriate signage and road marldngs to direct the future residents and guests into the development. In addition to Cedar Grove, three 24-foot private streets are proposed that will provide access and circulation within the proposed development. The private street requirements will be further explained in the Private Street section below. 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 e~sting buildings on this site shall be removed. Fencing: The subject site has existing 6-foot cedar fencing along the western and northern boundaries. The applicant is proposing to construct new cedar fencing along the southern boundary. No fencing is proposed along the eastern boundary. Prior to any building permits the proposed fencing and temporary fencing will be required to be installed to contain debris. 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 a 21 unit multi-family development in a proposed R-15 zone. An exercise cabana and pool, along with a walking pathway highlight the amenities of the project. The applicant intends to condo the proposed development in the future. Staff is generally supportive of the development, and has included provisions that the Villas @ Lochsa Falls AZ, PP, CUP, PS & ALT PAGE 10 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 applicant construct the project as amended and submits 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. 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 21 units; if the subject applications are approved (the city would then classify the units as single-family). Due to the size and nature of the development, Staff believes the requirements for the property management office, directory, site map 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. On the submitted site/landscape plan the applicant has provided a central mail box location for the development. Staff is generally supportive of the proposed site design. Multi-family Setbacks: The UDC requires a minimum 10-foot setback to the perimeter of the Subdivision for multi-family developments. The UDC does not have a specific setback between internal multi-family units. On the submitted site/landscape plan the applicant complies with the multi-family development setback standards. However, the four structures (the attached garages) adjacent to Linder Road indicate a 2.5 foot setback from the residential lot to the landscape street buffer boundary. Staff is conditioning that the landscape buffer area required on Linder Road be placed in a common lot, and not within an easement as proposed with the preliminary plat. The applicant should be aware that the building department may consider the common lot property line for setbacks rather than the subdivision boundary. The applicant should contact the building department for the appropriate building code requirements prior to CZC submittal. In addition, the exercise cabana along the north side of the property shows a 5 foot setback to the north. This structure is approximately 120 square feet and is considered an accessory building for the site. Staff is recommending the cabana increase in square footage from 120 square feet to 240 square feet. This change will require that the cabana be located at least 10 feet south of the north property line. Site Layout: The applicant is proposing several different structures on this site. The site is expected to develop with 14 buildings, including an exercise cabana. The mix of buildings includes 5 single detached buildings and 8 bi-unit buildings, totaling. 21 units. The product type will range in size from 1,500 to 1,750 square feet. All of the units will be 3 bedrooms 2.5 baths with attached two car garages. The applicant is proposing an alternative to the 20' X 20' parking pad in front of the garages as required by code. The parking pads located in front of the garages are 20 feet wide and taper down to 10 feet. The overall length of the driveway is at least 40 feet and the first 20 feet incorporates a 5-foot landscape strip with a decorative trellis that highlights the entrance of the driveway. The four detached units internal to the development do not have the expanded driveway but have the trellis integrated in the front fagade of the garages. Ten guest parking stalls have been provided for the four internal units to provide additional parking for the development. In addition, the site is expected to have 29 percent landscaping. Staff is supportive of the general site layout submitted for this development, with the changes listed herein. Parking: UDC 11-3C-6A requires multi-family dwellings with 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 development is platted for condominiums in the future, the applicant would not comply with the single family parking standards of the UDC and has requested alternative compliance explained below. Villas @ Lochsa Falls AZ, PP, CLJP, PS & ALT PAGE 11 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL I, 2008 ALT (Alternative Compliance) Application: The applicant has requested alternative compliance for the ZO' X 20' parking pad requirement. Instead the applicant is proposing 2 car tandem car parks (10' X 40') in front of the garages highlighted by 5-foot wide landscape medians and a decorative wood trellis. For the four units that do not have any parking pads in front of the garage, ten guest parking stalls have been provided and comply with the dimensional standards of the UDC. Staff feels the applicant has provided adequate guest and resident parking for the proposed development. Therefore, in lieu of the typical Parking Standards of the UDC, staff supports and approves ALT-08-005 associated with the findings in Exhibit D. Elevations: The applicant has submitted front, side and rear building elevations for the housing types and the cabana. Building materials are to include: stucco, stone and masonry, wood siding, rough sawn timber (stained black, brown, cannel or natural finish), architectural shingles. All of the homes in the development will be two stories with covered porches, private courtyards, and own private backyards enclosed with 6-foot cedar or vinyl fencing. The cabana is to be constructed of stucco with slate the banding along the top and bottom of the structure. The same architectural shingles will be used as proposed for the multi-family units. In the narrative submitted with the application, the applicant states the project does not propose to repeat two exterior styles side by side. Staff is supportive of varying the exterior styles and elevations. Staff likes the appearance of the proposed buildings and any future buildings on this site shall substantially comply with the construction materials and design elements shown in these elevations. 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. 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 site/landscape plan complies with the multi-family landscaping standards. Pedestrian Pathways: The applicant is proposing a pedestrian pathway within the development and it connects with the existing sidewalk west of the site on Cedar Grove. ]n addition, ACRD has required the applicant construct an attached 7-foot sidewalk adjacent to Linder Road. The applicant should construct sidewalks in accordance with City and ACRD policies. The applicant has also provided two connection points to the public sidewalks with the pathways in the development. Staff is generally supportive of the proposed pedestrian walkways in the development. Private Useable Open Space: UDC 11-4-3.27B requires a minimum of 80 square feet of private, usable open space 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 site/landscape plan, that each dwelling unit will provide at least 80 square feet of covered court yards for all of the units. This patio is being provided on the side of each unit. In addition, there are enclosed rear yards for each of the units that exceed the minimum of 80 square feet. Amenities: The applicant is required to provide amenities for the multi-family development. For multi-family developments with more than 20 units, the decision making body shall require additional amenities commensurate to the size of the development (UDC 11-4-3.27D-2d). There are 21 units Villas @ Lochsa Falls AZ, PP, CLIP, PS & ALT PAGE 12 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 proposed in this development. As a reference for multi-family developments between 20 and 75 units, 3 amenities are required, with at least one from each category (Quality of Life, Open Space, and Recreation). Amenities on site include: walking path throughout the development (recreation), bermed landscape buffer along N. Linder Road with a central plaza and water fountain (open space), neighborhood fitness pool and exercise cabana (recreation and quality of life). Staff is recommending that additional amenities be provided for this site. Staff recommends that the Commission determine if the proposed amenities, as revised by staff, are appropriate for a development of this size. Open Space: Because the site is less than five acres, the qualifying open space requirements of UDC 11-3G-3 are not applicable. However, UDC 11-4-3.27C requires a minimum area of outdoor common open space to 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 1,500 square foot units to 1,750 square foot units. As mentioned above, the UDC requires 350 square feet for each unit containing more than 1,200 square feet of living area. The multi-family development is proposing a total of 21 units. The minimum amount of open space required per code for all of the proposed multi-family development is 7,350 sq. ft (21 X 350 sq. ft). NOTE: Private useable open space is not considered common open space. The applicant is not proposing enough common open space area to meet the requirements of UDC 11- 43-27C. To comply with the common open space requirement, Staff recommends the applicant lose one of the northern units adjacent to the cabana and incorporate this area into a common area/lot. ff one unit is lost the applicant will have to provide 7,000 square feet of open space. In addition to providing an additional common area around the proposed cabana and pool area, Staff recommends that the applicant provide an additional amenity, including but not limited to, a gazebo, barbeque area or tot lot in this area. Furthermore, Staff recommends the square footage of the exercise cabana increase from 120 square feet to 240 square feet to provide for a more useable space. >f these changes are made, staff is supportive of the common open space for the site. Maintenance of all common areas should be the responsibility of the Home Owners' Association. PS (Private Street) Application: In conjunction with the public cul-de-sac extension from the west, the applicant is proposing to construct three 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 24-foot street section and include a 4-foot sidewalk (pathway) on one side. The applicant has submitted a Private Street application as required by UDC 11-3F-3. Staff is supportive of the applicants request and has conditioned as such in Exhibit B. Staff is recommending approval for the proposed Villas @Lochsa Falls Development (A~08-002, PP-08- 002, CUP-08-003, PS-08-002, & ALT-08-005) with conditions listed in Exhibit B of the Staff Report. The Meridian Planning & Zonine Commission heard these items on March 6, 2008. At the public hearing the Commission moved to recommend approval of the subiect AZ. PP and CUP request. a Meridian Citv ouncil heard these items on Anril 1. 2008. At the nubLic hearin_~ the Counc'1 annroved the ubiect A7,_ PP and CUP request. Villas @Lochsa Falls AZ, PP, CLIP, PS & ALT PAGE 13 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: 1-02-08) 3. Site/Landscape Plan (dated: 4-10-08) 4. Revised Site Plan (P & Z Commission's en Space Recommendation) 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 8. Settlers Irrigation District C. Legal Description & Exhibit Map 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 Villas @ Lochsa Falls AZ, PP, CUP, PS & ALT PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 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 January 28, 2008 by Darin Holzhey, PLS) is accurate and meet the requirements of the City of Meridian. 1.1.2 A Development Agreement will be required as part of the annexation and zoning of this property. Prior to the annexation 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 developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: Construct a maximum of 29 21 units on this site and comply with the site/landscape plan and elevations submitted with the CUP, as amended. • No two building in a row (side by side) shall have the same elevation or exterior style. Building materials on this site are to include: stucco, stone and masonry, wood siding, rough sawn timber (stained black, brown, Carmel or natural fmish) and architectural shingles. Any future buildings shall substantially comply with the construction materials and design elements shown in these elevations. • The applicant shall submit for a condo plat for the subject project in the future, as proposed. 1.2 PRELIMINARY PLAT 1.2 Site Specific Conditions 1.2.1 All comments and conditions of the accompanying Annexation (AZ-08-002) and Conditional Use Permit (CUP-08-003) applications shall also be considered conditions of the Preliminary Plat (PP-08-002).The 2-lot preliminary plat prepared by Mason Stanfield, dated January 2, 2008 (attached in Exhibit A), is approved with the following modifications: • T'he 25-foot landscape buffer along N. Linder Road shall be platted as a common lot in accordance with the UDC. • The applicant shall construct a 5-foot wide sidewalk to the terminus of the property and taper to 4- foot with the connection to the existing 4-foot detached sidewalk adjacent to Cedar Grove. • Add a common lot or common easement area on the north side of the plat, as required with the concurrent CUP application. 1.2.2 Access to this site shall be provided from the extension of Cedar Grove to the west. Direct lot access to N. Linder Road prohibited. Cedar Grove shall be extended so the Ada County parcel to the south can also have access. The applicant shall coordinate with ACHD regarding the appropriate signage and road markings to direct the future residents and guests into the development. 1.2.3 Prior to the City Engineer's signature on the final plat, all existing structures on this site shall be removed. Prior to the issuance of any building permit for a new dwelling unit, the final plat shall be recorded. 1.2.4 The landscape plan prepared by Place! Design and Planning, dated January 31, 2008, labeled Sheet A1.0 (attached in Exhibit A), is approved with the following notes/changes: • Provide a minimum 25-foot wide bermed landscape buffer along N. Linder Road with a 5-foot detached sidewalk for Linder Road. All landscape materials shall be installed in accordance with UDC 11-3B-9, Landscape Street Buffers. Exhibit B • i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 • 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 internal pathway in accordance with UDC 11-3A-8 and UDC 11-3B-12. Said plantings and design of the pathway adjacent to the west side of the property shall be constructed and landscaping installed, as proposed with ALT-08-002. • The landscaping plan shall have a legend identifying the number plantings, the class and the caliper of the trees proposed. • Construct a 6-foot tall cedar fence along the south boundary, as proposed. • 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. 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 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. 1.2.7 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. 1.2.8 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. 1.2.9 Sidewalks/walkways shall be installed within the subdivision and along the adjacent streets pursuant to UDC 11-3A-17. Coordinate with ACHD the extension of the sidewalk on Cedar Grove. 1.2.10 Provide private streets within the development as approved with PS-08-001. 1.3 GENERAL CONDITIONS 1.3.1 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.2 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. 1.3.3 The Applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided at the time of building permit submittal, 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 maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.4 Staffs failure to cite specific ordinance provisions or terms of the approved annexation or preliminary plat does not relieve the Applicant of responsibility for compliance. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 1.3.5 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.4 CONDITIONAL USE PERMIT 1.4. l The site/landscape plan, prepared by Place! Design and Planning, dated April 10, 2008 is approved. Revise the plan to show the following modifications: • . A maximum of 28 21 units are approved; a minimum of 7,000 square feet of common open space shall be provided. Increase the amount of oven space from 10 feet to 20 feet measured from the apron of the pool to the west to also include a barb ue it area in said common opens ace • Increase the square footage of the cabana to be at least 240 square feet and be located no closer than 10-feet to the north property line. > > 1.4.2 All comments and conditions of the accompanying Annexation (AZ-08-002) and Preliminary Plat (PP- 08-002) applications shall also be considered conditions of the Conditional Use Permit (CUP-08-003). 1.4.3 In addition to the amenities listed herein, provide a minimum of 7,000 square feet of common open space. 1.4.4 The site/landscape plan prepared by Place! Design and Planning, dated April 10, 2008, is approved with the following modifications/notes: • The applicant shall comply with the landscaping along the foundation for the multi-family units as proposed. • Add the open space and amenities as outlined herein. • Construct sidewalk in accordance with City Policy and ACRD standards. 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-08-002. 1.4.6 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 site/landscape plan. 1.4.7 Provide amenities for the development as follows: walking path throughout the development (recreation), bermed landscape buffer along N. Linder Road with a central plaza and water fountain (open space), neighborhood fitness pool and 240 sq. ft. exercise cabana (recreation and quality of life), as proposed. Add an additional amenity to the development, such as a tot lot, gazebo or barbeque area. 1.4.8 Building setbacks, separation between proposed structures shall comply with the Building Code and Fire Code. The applicant shall contact the building department for the appropriate building code requirements prior to issuance of a CZC. 1.4.9 As determined by the Planning Director, the multi-family buildings and exercise cabana constructed on this site shall substantially comply with the renderings submitted to the City with the CUP application, and as modified by the conditions of approval herein. Building materials on this site are to include: Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 stucco, stone and masonry, wood siding, rough sawn timber (stained black, brown, Carmel or natural finish) and architectural shingles. 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. 1.4.10 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. 1.4.11 Prior to CZC issuance, provide permanent or temporary construction fencing around the entire perimeter of the site. 1.4.12 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. 1.4.13 Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, amenities and landscaping shall be installed. 1.4.14 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. 1.4.15 Provide a centralized mail box location, as proposed. 1.4.16 Comply with all of ACHD's requirements and conditions for this project. 1.4.17 Construct the driveways as proposed with ALT-08-005 including 10' X 40' parking pad with a 5-foot landscape strip accented with the wood trellis. For the four internal units with no parking pads provide t€~ nine guests parking stalls, as proposed. 1.5 PRIVATE STREET 1.5.1 Construct W. Naleigh Street, N. Dylan Avenue and W. Talia Street as 24-foot street sections that include 4-foot wide sidewalks (walkway) in accordance with UDC 11-3F-4, as shown on the submitted plans. 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. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N Linder Road from manhole number 59. This manhole was installed with the Lochsa Falls Subdivision #1 and is approximately 255 feet north of this projects North property line. 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 Linder Rd and W Cedar Grove St. The applicant shall be responsible to install water mains to and through this development, coordinate Exhibit B • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 main size and routing with Public Works. 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 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. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.6 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. 2.7 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. 2.8 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. 2.9 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. 2.10 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. 2.11 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. 2.12 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. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Z.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 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. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 2.18 The engineer shall be required to certify that the street centerline elevations aze set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 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 ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 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. 2.21 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 aze determined after power designs aze completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.2 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical cleazance of 13'6. 3.3 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.4 The roadways shall be built to Ada County Highway Standazds 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 pazking. Streets with less than 33' shall have pazking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.5 All portions of the buildings located on this project must be within 150 feet of a paved surface as measured azound the perimeter of the building. 3.6 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 azound 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). Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 3.7 Pool chemicals shall be stored in compliance with the International Fire Code. 4. POLICE DEPARTMENT 4.1 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. Additional lighting of the 4-foot bollard type or similar shall be located along the walking paths on both the east and west side of the development to illuminate the walkways in the nighttime hours or pedestrian safety. 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 (iJDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 6.1 Provide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they intersect a public street. 7. ADA COUNTY HIGHWAY DISTRICT (NO COIVIlVII;NTS RECEIVED) 7.1 Site Specific Conditions of Approval 8. SETTLERS IRRIGATION DISTRICT 8.1 All irrigation /drainage facilities along with their easements must be protected and continue to function. 8.2 A Land Use Change Application must be on file prior to any approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 8.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District's Board of Directors. 8.5 All storm drainage must be retained on-site. 8.6 A pressure irrigation system must be provided to service all lots within the above-mentioned subdivision from the current delivery point. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 C. Legal Description and Exhibit Map ~~o~ Rrofessfional Engineers, Land Survsyrors and Planners ~ ~ _ _ ____ _ . 314 Badiola Sr. Caldwell, ID 83605 ~~i(~~~ Js I~ Ph (2U8) 4~4-0256 Fax (2~) 454-0979 e-mail: dhalzhev~a7, n~seng us FOR: Dustin Campbell Jas Nay MR1907 DATE: January 2$, 2008 ASVNERATION DESCRIPTIOAT A parcel of land being a portion of the NEl/4 SEl /4 of Section 26, Township 4 North, Rangel West, Boise Meridian, Ada County Idaho, more particularly descr~'bed as follows: Commenci~ at the northeast comer of said NEl/4 3EU4; 'Thence S 00' 24' 31" W a distance of 250.00 feet along the east boundary of said NEl/4 SEU4 to the POINT OF BEGINNING; Thence S 00° 24' 31" W a distance of 370.50 feet along ~ east lmundary to a point; Thence N 89° 35' 29" W a distance of 352.71 feet perpendicular to said east boundary to a point; Thence N ~° 24' 31" E a distance of 370.50 feet parallel with the east ~undary of said NE1/4 SEl/4 to apoi~; Thence S 89° 35' 29" E a distance of 352.71 feet pergendicuiar to the east boundary of said NEl/4 SEl/4 to the POINT OF BEGINNIIVG; This easement contains 3.000 acx~ more or Less. SUBJECT TO: All existing rights of way and cesements of record or implied appearing on the alive-described parcel of land. 0 sv~ ' .~1N ~ 9 ixa~s"oP>~r. Exhibit C • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 t 7,%~ ~YF9'-~'^n~ y~r. ® m ® ? 1 ' s m ~ ~g i ~.,~ i 9 1 ~.6?C# g[i. ft 3.O~J ones ~~`I 3 ~ ~~ !a u K:. ~_ Cv I r 1 fr E 1 t i 0 i ~ ~i i ~ i ~~ aP ij N O ~. tY ~ 8D rao Sans M=ei~' n~ ~cas® F ~s m~~ A @~POpARTg OYg~~ T~ i~'it i/4, uV ~!V!~ (rV8 Ia q4~~~u, ~ 1 y~e, ~~8 AN, WJ'If7® / ~ ~ ~. ~~ $P19TfJ,~~ SGa•e• q/A t@Y. ~ ~ t Exhibit C ~ 2 9200$ MERIDIAN PUBLIC wowcs aEPt: • . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 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 City Council finds 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 City Council finds that multifamily developments are conditional uses within the R-15 zoning district. The Commission 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 City Council finds 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 maybe provided when deternuning 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 City Council finds 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 (iTDC 11-SB-3.E). The City Council finds 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 City 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 City Council fmds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. The City 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. Exhibit D • . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL I, 2008 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council 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 City 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's 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 City Council is unaware of any natural, scenic, or historic features on this site. Therefore, the City Council fmds 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 City Council finds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds 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 wiR be compatible with other uses in the general neighborhood and with the existing or intended character of the Exhibit D • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 general vicinity and that such use will not adversely change the essential character of the same area. The City Council fords that the proposed multi-family development (as amended in Exhibit B) should be compatible with other uses in the general azea and will not adversely change the character of the azea. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposal will adversely affect the other properties in the azea. 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 City 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. Staff recommends that the Commission and Council rely on any public testimony received when making this fording. 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. The City Council finds that the proposed use will be served adequately by essential public facilities and services. Please refer to the comments and conditions prepazed by the Meridian Fire Department, Police Department, Pazks 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 forancing 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 City 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 aze expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. The City Council finds 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 City 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 City Council does not believe that the amount of traffic or noise generated will be detrimental to the general welfaze of the public. Staff recommends that the Commission and Council 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 unawaze. 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 City 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 Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 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 Staff 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 In addition to the garages, the applicant is proposing to provide 2 tandem car parks for most units and provide tea nine guest parking stalls for the four internal units that have no parking pad. The applicant's design complies with the parking requirements of amulti-family development. The applicant has also added additional landscaping by integrating a 5-foot center parking strip and wood trellis to accenting the front facade and entrances of the driveway. For the landscaping adjacent to the west side pathway, the applicant still meets the tree planting requirements of the UDC. The applicants design stagers the walkway at 5-foot and 3-foot intervals to accommodate the required trees and allow for the planting of shrubs and trees in the 3-foot sections. Staff finds the applicant's request meets the intent of the City's parking and landscape standards. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and Staff finds the alternative compliance does provide a superior means for meeting the City's parking and landscape standards and provides a single family ambience to the development. The alternative the applicant is proposing provides the required parking and meets the required plantings in accordance with the UDC. Therefore, Staff is supportive of the applicants request for alternative compliance from the landscape and parking 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. Staff finds that the proposed alternative will not be detrimental to the public welfare or impair the use /character of the surrounding properties. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL I, 2008 1. Vicinity Map ,~~D1AIR ARID ST RUT RUT _~ ~_ SITE R-8 Y; W S T! U C-G RD RUT 0 ~1! RUT Exhibit A • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 2. Preliminary Plat a sre~ ' ~~ ~..~ ~ .m, woe , ~ ~ m,x~ ~. „g ~°-~ ~ ~ ilOF@ •m~ w.e,a ~ rur •;smut llegduio~ lp aeoebtc nv vm 1Y7d A2JVA1l9?f3kd auan rm~ nr ex 577V! b'SN~71b SV771~ aun ornm ~~~6 ~ ~ tteegg gg y~ ~ 8 ~~~~~ "'~ ~ ~ ~ ~~~~~~~~~~~ ~ ~ ~~~~~~~~~ ~~ ~ ~ ~~ ~~g ~~ ~ s eoaBi~l~*IKreme®0®~-®®I IqI I i a~ I ~ ~ §~~e ~eo~ °~~® g~~~~ ~ s~~ ~~o~ ~e~a ~ ~ 6~~~ ~ $lgj~~ a~ s, , .®vice mmi raam a.tc+rms `~ h --- ---- - ----~------- m. A~ ~ :i § +m -ao-mo-~ ~ ,m i ~~~~ i 'ppNd ~ o ~ ~ - -- ,'~ ~ ~ I~ C if ~ ~ ~ P F: ~ 1 O k ~Q~ ~~ ~~ § t g ~ t ~ ~ z t ~~ s= fi 4 Q N .~ '~' °' s ~~ ~ ~ 1 9N ~~ /~ I ~ ~ 1~ . ~e~ ~.~ ~ ~~ ~ ~~ ~ R aroa ~ w ~ ~ ~ ~6 ~ ~~ 9 ~~ a3 a g ~ ~ ~ ~ ~ ~ ~~~ ~~ ~ m~ ~ ~ ~ ~ ~ ~ ~ ~~ >~ ~ ~ ~ ~! a ~ ~ ~ ~ ~~ ~ ~ ~ a ~ ~ ~ geg ~ ~ a~ n ~u~ f~~ ~ f~~ ~~ ~ a ~ ~ g $ ~" g ~ ~~M ~ ~~ ~ ~ ~° ~ ~~ ~ ~ ~e n+ a a a + a ,a • r p a r p GYOb 3ID1 Hil N Exhibit A i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL I, 2008 3. Site/Landscape Plan roved) z~~e ai •rrvw~vu ~_ ~~~~~ ~ ddVJSflAIY'7-3,LI5 d ~5b Q z ~v~c zzrtioz dvw av~rrzz>~vez B6b 315 aPM1121?l3FL7M EI££ g8pg ~ ~ ~ ~ Z ~ .---' - zew,c ~ zocsv wrva'as~oa S1N3Nll~M111139dYYb7 lO ® b e$ ~ r ~ 6 ~a e..L ioze wns: xaais prow aor 3wn,~ N.1,3A3 avo~ ~aoNn ssss ~ ~~ $ ~ e ~~ 6~. ~ , s°rn+~ vsu~oi le svrnn ~~~~~~~ ~ a ~ 3 , ' d to J 4 Q Z U J d c.f~ J J z Q 0.. b D z ~~ ~Q Q V ~Q ~ o n w= ~ _ Q °~ U ~ ~ ~ z w v7 /^/ ^Y P ~~n~ ~ ~~-~~ ~ n ~ ~lilt~~li~ ~I~~~g ~~~~~~~ gg tltl ag R E tly~~~ § e ~ ~ $~ rye ~ ~ ~ ~ ' - 6 ~~~$~$ @ ~ ~ ~ ~ d ~ ~ ~ ~g~~~ ~ ~ ~ tl B B ~I~~ ~~~~~~ ~ ~~ ~ . ~8 ~a~~ ~ ~ ~~ ~~ 0 ~ _ °~-r ~ k,~ NOIl`d~llddb ~~ - avow ~arvn - - Exhibit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 4. Revised Site Plan (P & Z Commission's Open Space Recommendation) 5. Elevations Ex~stinq 6' wood fe ~rP, Exhibit A Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARATE OF APRIL 1, 2008 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 Side and Rear Elevations S1t~E EI.EVA"C 1 ai.~ sH ` I'<c V,dIQ~- EI.EVA'1'1o1~ sc. i°- I '- o V' Exhibit A r4o"~~: A ~ ~r~~ ~ • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 Exhibit A Top view of the proposed homes CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 Cabana Elevations 6 li ~ I I I I h~. 1 1 1 1 1 1 I I yo/ 6' fence architectural shingle a s ° , 8" wood fascia - 12" slate the band ,~ n o0 6 ~ ~ , ~+ 6' fence :.~ 24N eave ~ stucco . 12" slate tiBe band POOL 51DE ELEVATION 12'-0°' 30 30 3o So v 2~i RR ~ E . ~ ~ ns o ~. ~ ~~ ~u U - . ~ - bike EXERCISE - ~ - - - ~ - FLOOR PLAN - .. ~~- .POOL PATIO ~ . ~ ~ =-~ ~:- ~~- --- . ~. . ~ ~- ~ = EXERCISE CABANA VILLAS AT LOChSA FALLS ~ '~ .~ O scale :3/16" = I'-p" PLACE !Inc. Z Exhibit A April 11, 2008 MERIDIAN CITY COUNCIL MEETING April 15, 2008 • APPLICANT D.T. Campbell Investments ITEM NO CUP 08-003 5-K REQUEST Findings for Approval -- Request for a Conditional Use Permit for 21 multi-family dwelling units in a proposed R-15 zone on approximately 3 acres for Villas @ Lochsa Falls -- 5555 North Linder Road AGENCY COMMENTS CITY CLERK: See attached Minutes CITY ENGINEER: CITY PLANNING DIRECTOR: See attached 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: EY~I~(rd ~rlm~ Date: y-l~-O~f Phone: ~~~.-~-~o® Emailed: ~~d Staff Initials: Materials presented public meetings shall become property of the City of Meridian. ~ ~~~~~~ ~ APR ~ ~ ~00~ ~l"ity ilf Merman Katy clerk Dfficc CITY OF MERIDIAN E IDIAN~~- FINDINGS OF FACT, CONCLUSIONS OF LAW AND ~ DECISION & ORDER In the Matter of Annexation and Zoning of 3.0 acres from Ada County RUT to R-15 (Medium Density Residential); Preliminary Plat with 1 Residential Building Lot and 1 Common Lot in a proposed R-15 zoning district; Conditional Use Permit for 21 multi- family dwelling units in a proposed R-15 zoning district; Private Street approval within the proposed Villas @Lochsa Falls Multi-family Development; and Alternative Compliance for an alternative design from the parking requirements and alternative compliance for the landscaping requirements adjacent to walking paths, for Villas @Lochsa Falls, by D. T. Campbell Investments Case No(s). AZ-08-002, PP-08-002, CUP-08-003, PS-08-002, ALT-08-005 For the City Council Hearing Date of: April 1, 2008 (Findings on the Apri115, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 1, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 1, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 1, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 1, 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-08-002, PP-08-002, CUP-08-003, PS-OS-002, ALT-08-005 -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, and the Conditions of Approval all in the attached Staff Report for the hearing date of April 1, 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 January 2, 2008 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of April 1, 2008 incorporated by reference. 3. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of April 1, 2008 incorporated by reference. 4. The Applicant's Annexation request, as evidenced by having submitted the legal description and exhibit map, stamped and dated January 28, 2008, by Darin Holzhey, PLS, is hereby conditionally approved; 5. The applicant's Site/Landscape Plan as evidenced by having submitted the Site/Landscape Plan dated April 10, 2008 is hereby conditionally approved; 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-08-002, PP-O8-002, CUP-08-003, PS-08-002, ALT-08-005 -2- s ~ 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 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-08-002, PP-08-002, CUP-08-003, PS-08-002, ALT-08-005 -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 April 1, 2008 By action of the City Council at its regular meeting held on the ~Cj~ da of Y ~fllri 1 , 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED~LG~-_ COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIltD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ~~ ~~z~?~ Attest: ~` ~'~~ ~ '' ~~ .~, '• r ~~ ~o SEAL = Jaycee olman, City Clerk = '' ~' Copy served upon Applicant, The ~'Y ~~~ ~~~~~~~thient, Public Works Department and City Attorney. By: Dated: ~' ~1'~~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O8-002, PP-08-002, CUP-08-003, PS-O8-002, ALT-08-005 -4- • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 STAFF REPORT Hearing Date: April 1, 2008 TO: Mayor and City Council E IDI~N~.-- FROM: Bill Parsons, Associate City Planner 208-884-5533 s ~' A ~ ~ SUBJECT: Villas @ Lochsa Falls • AZ-08-002 -Request for Annexation and Zoning of 3.0 acres from Ada County RUT to R-15 (Medium Density Residential), by D. T. Campbell Investments • PP-08-002 -Request for a Preliminary Plat with 1 Residential Building Lot and 1 Common Lot in a proposed R-15 zoning district, by D. T. Campbell Investments • CUP-08-003 -Conditional Use Permit for 21 multi-family dwelling units in a proposed R-15 zoning district, by D. T. Campbell Investments • PS-08-002 -Private Street approval within the proposed Villas @ Lochsa Falls Multi-family Development • ALT-08-005 -Alternative Compliance for an alternative design from the parking requirements and alternative compliance for the landscaping requirements adjacent to walking paths, by D. T. Campbell Investments 1. SLTIVINIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, D.T Campbell Investments, has applied for Annexation and Zoning (AZ) of 3.0 acres from RUT (Ada County) to R-15 (Medium-high Density Residential). Concurrently, the applicant has submitted for Preliminary Plat (PP) approval of one residential lot and one common lot; Conditional Use Permit (CUP) approval to construct amulti-family development consisting of 21 condominium units and exercise cabana; a private street (PS) application for three private streets within the proposed development and alternative compliance (ALT) from two UDC standards: 1) to allow for an alternative design from the 20' X 20'parking pad requirement and 2)an alternative design for the 5-foot landscape strip adjacent to pathways. The applicant is proposing to develop the site with 21 condominium units ranging in size from 1,500 to 1,750 square feet. There is also a 120 square foot exercise cabana with fitness pool proposed for this site. The proposed dwelling types include 5 individual detached buildings and 8 dual unit buildings for a total of 13 buildings on the site, excluding the cabana.. Although there are different floor plans, all units will be 3 bedroom and 2.5 baths. The proposed units will feature two car attached garages located at the rear of the homes units except for the 4 detached units internal to the development. The applicant is proposing tandem parking instead of the 20' X 20' parking pad and 10 guest parking stalls for the 4 internal units that do not have any parking pads in front of the garages. The applicant is proposing that no more than two exterior treatments of homes be repeated side by side in the proposed development. Access to the site will be via Cedar Grove (currently a half street section) via a cul-de sac that will be dedicated to ACRD and will be extended if/when the parcel to the south annexes into the City. The applicant is also proposing three private streets that will provide access and circulation within the proposed development. The subject site is located at 5555 N. Linder Road in Section 26, T4N, R1W. 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. Villas @ Lochsa Falls AZ, PP, CUP, PS & ALT PAGE 1 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 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, Preliminary Plat, Conditional Use Permit, Private Street, and Alternative Compliance applications. Staff is recommending approval for the proposed Villas @Lochsa Falls Development (AZ-08-002, PP-08-002, CUP-08-003, PS-08-002, & ALT-08-005) with included conditions listed in Ezhibit B of the Staff Report. The Meridian Planning & Zoning Commission heard these items on March 6 2008 At the public hearing the Commission moved to recommend approval of the subiect A7 PP and CUP request a. Summary of Commission Public Hearing: i. In favor: Evelyn Grimes (Applicant's Representative), Scott Stanfield ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Caleb Hood b. Kev Issue(s) of Discussion by Commission: i. The requirement for additional common open space along the northern boundary c. Kev Commission Change(s) to Staff Recommendation• i. The applicant has updated the site plan to reflect the Planning and Zoning Commission's recommendation to increase the common open space on the site Staff has attached the revision in Ezhibit A of the Staff Report. u. Modify Condition 1.1.2(DA Provisions) to construct a ma~mum of 21 units iii. Modify Condition 1.4.1 to allow a maximum of 21 units and increase the amount of open space - from 10 feet to 20 feet measured from the apron of the pool to the west and also include a barbepue pit area. d. Outstanding Issue(s) for Citv Council: i. Common open space for the site. Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-08-002, PP-08-002 and CUP-08-003 (PS and ALT optional) as presented in staff report for the hearing date of Villas @Lochsa Falls AZ, PP, CUP, PS & ALT PAGE 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 April 1, 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-08-002, PP-08-002 and CUP-08-003 (PS and ALT optional) as presented during the hearing on April 1, 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-08- 002, PP-08-002 and CUP-08-003 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 FACT5 a. Site Address/Location: 5555 N. Linder Road Section 26, T4N, Rl W b. Owners: Catherine Nelson 5555 N. Linder Road Meridian, Idaho 83642 c. Applicant: D. T. Campbell Investments 3313 W. Cherry Lane Meridian, Idaho 83642 d. Representative: Bert Kirby, Mason and Stanfield Evelyn Grime, Place! Design and Planning e. Present Zoning District: RUT (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant has applied for annexation and preliminary plat approval of 21ots on 3 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 21 units and an exercise cabana. The 21 units are 5 individual detached buildings and 8 dual unit buildings for a total of 13 buildings on the site. The applicant is also requesting approval to construct three private streets and alternative compliance for the 20' X 20' parking pad in front of the units. In addition, an alternative design is proposed for the 5-foot landscaping along the walkway proposed in the development. 1. Date of preliminary plat (attached in Exhibit A): January 2, 2008 2. Date of site/landscape plan (attached in Exhibit A): January 31, 2008 3. Elevations (attached in Exhibit A) h. Applicant's Statement/Justification: The Villas @ Lochsa Falls is proposed as a planned community through a condominium plat. The Villas will consist of 21 individual homes on 3 acres with a density of 7 dwelling units to the acre. Each home will consist of 3 bedrooms and 2.5 bathes ranging from 1,500 to 1,750 square feet with attached two car garages and single wide driveways. The home design is to create the appearance of larger homes while maintaining the compatibility with the surrounding residential properties. Each home will have specific exterior detailing to heighten the differences between the homes. The idea is not to repeat the same exterior treatment within the Villas @ Lochsa Falls AZ, PP, CLIP, PS & ALT PAGE 3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL I, 2008 proposed development. Each home site encompasses approximately 2,700 square feet with private rear yards, covered patios and private courtyards. Amenities for the site include walking paths, central plaza and water fountain, neighborhood fitness pool and exercise cabana. The Villas will incorporate the use of private streets for access to the development. ACRD has also reviewed the public street portion into the development and supports the configuration on the preliminary plat. In addition, alternative compliance is requested to allow tandem style parking instead of the 20 X 20 parking pad in front of the garages of the units. Four of the units do not comply with this standard and additional guest parking stalls have been provided on site. The other alternative compliance request is to have a flexible design from the 5-foot landscaping adjacent to walking paths. The Villas project is proposing to meander the walking path allowing 5-foot wide areas for the planting of trees while and narrowing to three feet in places to enhance the aesthetics of the walkway while meeting the intent of the code. In summary, the Villas neighborhood extends the sense of place in keeping with the architectural theme of the surrounding neighborhoods and supporting the quality of life and lifestyles in the area. (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, Chapter 5, a public hearing is not required on this matter. f. Newspaper notifications published on: February 18, 2008 and March 3, 2008 (Planning and Zoning Commission); March 10, 2008 and March 24, 2008 (Gifu Council) g. Radius notices mailed to properties within 300 feet on: February 12, 2008 (Planning and Zoning Commission); March 7, 2008 (Gifu Council) h. Applicant posted notice on site by: February 25, 2008 (Planning and Zoning Commission); March 21, 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. Villas @ Lochsa Falls AZ, PP, CUP, PS & ALT PAGE 4 • i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 c. Adjacent Land Use and Zoning: 1. North: Lochsa Falls Subdivision No. 1; zoned R-4 2. West: Lochsa Falls Subdivision No. 1; zoned R-4 3. South: Single-family residence; zoned RUT (Ada County) 4. East: Rocky Mountain High School; zoned R-8 d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: N Linder Rd. Location of water: N Linder Rd and W Cedar Grove St. Issues or concerns: None. 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: N/A 5. Hazards: Staff is not aware of any hazazds associated with this property. 6. Size of Property: 3.0 acres 7. Gross Density: 7 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. Linder Road, an arterial roadway. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: The site is under the 5 acre requirement requiring 10% open space for the site. However, the applicant is required to comply with the multi-family standazds of the UDC for usable open space. Furthermore, 29 percent of is expected to be landscaped (excludes the structures and paving on the site). At this time the applicant does not comply with the useable open space requirements; see below for more information. 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with ,UDC 11-3B-12. The applicant has requested alternative compliance for this requirement. g. Amenities: For multi-family developments with more than 20 units, the decision making body shall require additional amenities commensurate to the size of the development (iJDC 11-4-3.27D-2d). There are 21 units proposed in this development. As a reference for multi-family developments between 20 and 75 units, 3 amenities are required, with at least one from each category (Quality of Life, Open Space, and Recreation). Amenities on site include: walking path throughout the development, bermed landscape buffer along N. Linder Road with a central plaza and water fountain, neighborhood fitness pool and exercise cabana. See Analysis below for more information regarding amenities. h. OfF Street Pazking: 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 gazage. The applicant is proposing 2- caz garages for each dwelling unit. However, the applicant has stated that the multi-family units aze proposed to be platted as condominiums in the future. If the multi-family units aze platted for condominiums (the city would then classify the units as single-family), the UDC requires a 20' X 20' pad in front of the garages for single-family units. The applicant has requested alternative compliance for this standard. Parking will be provided in front of the units via tandem parking stalls Villas @ Lochsa Falls AZ, PP, CiJP, PS & ALT PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 except for the four single detached units internal to the development. Guest parking has been provided to comply with the additional parking requirements for those units. See below for further analysis. i. Required Dimensional Standards: The UDC requires a minimum 10' setback measured from the perimeter of the subdivision. j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The applicant is proposing three private streets that will provide access and circulation within the proposed development. Primary access to the site is proposed from Cedar Grove (half street section) via a cul- de-sac that will be dedicated to ACRD and will be extended if/when the parcel to the south annexes into the City. ACRD has reviewed the public street section and supports the applicant's design. 7. AGENCY COMMENTS MEETING On February 15, 2008, staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Sanitary Services, 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 21 units on 3 acres for a gross density of 7 dwelling units/acre. The proposed density lies within the anticipated density of the Comprehensive Plan for this area. Staff fmds 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. Villas @ Lochsa Falls AZ, PP, CUP, PS & ALT PAGE 6 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL I, 2008 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 N. Linder Road. Within the required buffer the applicant is proposing to construct a berm, S- foot walking path and a 3 foot wall adjacent to the walking path. • 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 subdivision to the west has provided opportunities for the subject site to provide vehicular connectivity. The applicant is proposing to extend the existing public street (Cedar Grove) via a cul-de-sac. The existing roadway that provides vehicular connection to the proposed development is split between the applicant's property and an Ada County parcel to the south. Until the Ada County parcel requests annexation the cul-de-sac will remain partially unimproved until development is 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 Lochsa Falls project to the west has provided an opportunity for a pedestrian connection to this property. The applicant is extending the side walk from the adjacent subdivision and connecting it to the walkways within the proposed development. Said walkways also connect to the attached sidewalk along Linder Road. The applicant is also provided future pedestrian connectivity to the Ada County parcel 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. The subject site has existing 6 foot cedar fencing along the western and northern boundaries. The applicant is proposing to construct new cedar fencing along the southern boundary. No fencing is proposed along the eastern boundary. Prior to any building permits the proposed fencing and Villas @Lochsa Falls AZ, PP, CLJP, PS & ALT PAGE 7 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 temporary fencing will be installed to contain debris. 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 (UDC} 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. 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 (LTDC 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. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 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 the proposed 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 would develop with 21 condominium units. 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 7 dwelling units to the acre. The applicant complies with the density allowed in an R-15 zone and the Comprehensive Plan. Staff is generally supportive of the proposed density. 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 Darin Holzhey, PLS, dated January 28, 2008 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. Because the applicant is requesting an R-15 zoning district, and there are R-4 zoned lots adjacent, staff believes that a Development Agreement is necessary. Staff is recommending that a DA provision restrict the development of this property to a maximum of 38 21 units and to comply with the conceptaal site plan and Villas @ Lochsa Falls AZ, PP, CUP, PS & ALT PAGE 8 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 elevations submitted with the CUP (see Ezhibit B for DA provisions). If the Commission and/or Council believes that there are additional DA provisions 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 2-lot, multi-family development. Please see below and Exhibit D for detailed analysis and facts and findings for a preliminary plat. Dimensional Requirements of the R-15 zone per UDC Table 11-2A-7: The applicant is proposing one residential lot and one common lot within an R-15 zoning district. A 25-foot wide landscape street buffer is required along Linder Road. The UDC requires a minimum lot size of 2,400 square feet in the R-15 district. The UDC requires street frontage for lots in the R-15 district. The proposed buildable lot complies with the R-15 zoning district dimensional standards. NOTE: Internal setbacks listed in Table 11-2A-7 do not apply to multi-family developments. Landscaping: Linder Road is designated as an arterial roadway. The UDC requires a 25-foot wide landscape street buffer along Linder Road, an arterial roadway. Further, UDC 11-3B-7.C2a requires all residential street buffers be on a common lot. On the submitted preliminary plat the applicant does not show the street buffer landscaping within a common lot. The submitted landscape shows a 25-foot bermed landscape buffer and complies with the number of required trees. However, the site/landscape plan does not call out the number plantings, the class and the caliper of the trees proposed. The applicant should revise the landscape plan and plat to show the appropriate plantings and the buffer in a common lot, prior to submitting for a final plat. Furthermore, the proposed sidewalk connection to the existing Lochsa Falls sidewalk on Cedar Grove (west of the site) tapers from 5 feet to 2 feet on the submitted plat. UDC 11-3A-17A requires sidewalk widths of 5 feet for attached or 4 feet for detached. Prior to final platting, the applicant should comply with the UDC sidewalk width. The applicant is proposing to construct an internal pathway system for recreational use. The submitted landscape plans do show the trees and groundcover required by UDC 11-3B-12. Pathways should also be constructed in accordance with UDC 11-3A-8. The applicant is in compliance with the UDC. Further analysis is provided below regarding alternative compliance for the landscaping width along the pathway. A visit to the site revealed there are existing trees on the site. However the submitted landscaping plan does not show existing trees. Nor are they referenced to be protected and incorporated into the design of the project or being identified as being removed and mitigated for. 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 Eh-oy Huff at the Meridian Parks Department. This should be included on the updated landscape plan as well. 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. ALT (Alternative Compliance) Application: UDC 11-3B-12 requires a 5-foot landscape strip along both sides of walkways with trees planted every 35 linear feet. By requiring a 5-foot landscape strip along pathways, the walking path along the west side of the property would either be placed along the Villas @Lochsa Falls AZ, PP, Ci.JP, PS & ALT PAGE 9 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 existing fencing of single family residences or adjacent to the garages of the two units that parallel the pathway. For aesthetic reasons, the applicant is proposing to vary the widths of the landscaping strips along the pathway to allow 5 feet for the planting of trees and narrow to 3 feet in areas to be planted with shrubs and plants while maintaining the 5-foot pathway. Portions of the walking path would still be at the back of the residential fencing; however the impact is less than having the entire fencing located along the west property owner's fence line. Staff believes this a better alternative because it allows for a variety of plants, limits the impact to the residences on the west and meets the intent of the landscape ordinance. In Lieu of the Landscaping Standards, staff supports and approves ALT-08-005 associated with the fmdings in Exhibit D. 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 3 acres which does not require the site provide a minimum of 10% open space. However, the applicant is proposing some common open space areas with the subject development. The applicant will be required to comply with the open space requirements for multi-family developments (iJDC 11-4-3-27C). See CUP Analysis for more information. Proposed Streets and/or Access: The applicant is proposing to extend the existing public street (Cedar Grove) into the site as a cul-de-sac. This existing roadway provides vehicular connection to the proposed development but is stubbed between the applicant's property and an Ada County parcel to the south. Until the Ada County parcel request annexation a small off-site portion of the cul-de-sac will remain unimproved until development is proposed. The applicant should coordinate with ACRD regarding the appropriate signage and road marldngs to direct the future residents and guests into the development. In addition to Cedar Grove, three 24-foot private streets are proposed that will provide access and circulation within the proposed development. The private street requirements will be further explained in the Private Street section below. 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 fmal plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. E~sting 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 subject site has existing 6-foot cedar fencing along the western and northern boundaries. The applicant is proposing to construct new cedar fencing along the southern boundary. No fencing is proposed along the eastern boundary. Prior to any building permits the proposed fencing and temporary fencing will be required to be installed to contain debris. 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 a 21 unit multi-family development in a proposed R-15 zone. An exercise cabana and pool, along with a walking pathway highlight the amenities of the project. The applicant intends to condo the proposed development in the future. Staff is generally supportive of the development, and has included provisions that the Villas @ Lochsa Falls AZ, PP, CUP, PS & ALT PAGE 10 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 applicant construct the project as amended and submits 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. 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 21 units; if the subject applications are approved (the city would then classify the units as single-family). Due to the size and nature of the development, Staff believes the requirements for the property management office, directory, site map 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. On the submitted site/landscape plan the applicant has provided a central mail box location for the development. Staff is generally supportive of the proposed site design. Multi-family Setbacks: The UDC requires a minimum 10-foot setback to the perimeter of the Subdivision for multi-family developments. The UDC does not have a specific setback between internal multi-family units. On the submitted site/landscape plan the applicant complies with the multi-family development setback standards. However, the four structures (the attached garages) adjacent to Linder Road indicate a 2.5 foot setback from the residential lot to the landscape street buffer boundary. Staff is conditioning that the landscape buffer area required on Linder Road be placed in a common lot, and not within an easement as proposed with the preliminary plat. The applicant should be aware that the building department may consider the common lot property line for setbacks rather than the subdivision boundary. The applicant should contact the building department for the appropriate building code requirements prior to CZC submittal. In addition, the exercise cabana along the north side of the property shows a 5 foot setback to the north. This structure is approximately 120 square feet and is considered an accessory building for the site. Staff is recommending the cabana increase in square footage from 120 square feet to 240 square feet. This change will require that the cabana be located at least 10 feet south of the north property line. Site Layout: The applicant is proposing several different structures on this site. The site is expected to develop with 14 buildings, including an exercise cabana. The mix of buildings includes 5 single detached buildings and 8 bi-unit buildings, totaling 21 units. The product type will range in size from 1,500 to 1,750 square feet. All of the units will be 3 bedrooms 2.5 baths with attached two car garages. The applicant is proposing an alternative to the 20' X 20' parking pad in front of the garages as required by code. The parking pads located in front of the garages are 20 feet wide and taper down to 10 feet. The overall length of the driveway is at least 40 feet and the first 20 feet incorporates a 5-foot landscape strip with a decorative trellis that highlights the entrance of the driveway. The four detached units internal to the development do not have the expanded driveway but have the trellis integrated in the front fagade of the garages. Ten guest parking stalls have been provided for the four internal units to provide additional parking for the development. In addition, the site is expected to have 29 percent landscaping. Staff is supportive of the general site layout submitted for this development, with the changes listed herein. Parking: UDC 11-3C-6A requires multi-family dwellings with 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 development is platted for condominiums in the future, the applicant would not comply with the single family parking standards of the UDC and has requested alternative compliance explained below. Villas @ Lochsa Falls AZ, PP, CLJP, PS & ALT PAGE 11 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 ALT (Alternative Compliance) Application: The applicant has requested alternative compliance for the 20' X 20' parking pad requirement. Instead the applicant is proposing 2 car tandem car parks (10' X 40') in front of the garages highlighted by 5-foot wide landscape medians and a decorative wood trellis. For the four units that do not have any parking pads in front of the garage, ten guest parking stalls have been provided and comply with the dimensional standards of the UDC. Staff feels the applicant has provided adequate guest and resident parking for the proposed development. Therefore, in lieu of the typical Parking Standards of the UDC, staff supports and approves ALT-08-005 associated with the findings in Exhibit D. Elevations: The applicant has submitted front, side and rear building elevations for the housing types and the cabana. Building materials are to include: stucco, stone and masonry, wood siding, rough sawn timber (stained black, brown, Carmel or natural fmish), architectural shingles. All of the homes in the development will be two stories with covered porches, private courtyards, and own private backyards enclosed with 6-foot cedar or vinyl fencing. The cabana is to be constructed of stucco with slate the banding along the top and bottom'of the structure. The same architectural shingles will be used as proposed for the multi-family units. In the narrative submitted with the application, the applicant states the project does not propose to repeat two exterior styles side by side. Staff is supportive of varying the exterior styles and elevations. Staff likes the appearance of the proposed buildings and any future buildings on this site shall substantially comply with the construction materials and design elements shown in these elevations. UDC 11-4.3 requires multi-family structures to comply with specific design standards. Exterior building materials and fmishes 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. 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 minimuYn 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 site/landscape plan complies with the multi-family landscaping standards. Pedestrian Pathways: The applicant is proposing a pedestrian pathway within the development and it connects with the existing sidewalk west of the site on Cedar Grove. In addition, ACRD has required the applicant construct an attached 7-foot sidewalk adjacent to Linder Road. The applicant should construct sidewalks in accordance with City and ACRD policies. The applicant has also provided two connection points to the public sidewalks with the pathways in the development. Staff is generally supportive of the proposed pedestrian walkways in the development. Private Useable Open Space: UDC 11-4-3.27B requires a minimum of 80 square feet of private, usable open space 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 site/landscape plan, that each dwelling unit will provide at least 80 square feet of covered court yards for all of the units. This patio is being provided on the side of each unit. In addition, there are enclosed rear yards for each of the units that exceed the minimum of 80 square feet. Amenities: The applicant is required to provide amenities for the multi-family development. For multi-family developments with more than 20 units, the decision making body shall require additional amenities commensurate to the size of the development (UDC 11-4-3.27D-2d). There are 21 units Villas @ Lochsa Falls AZ, PP, CiJP, PS & ALT PAGE 12 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 proposed in this development. As a reference for multi-family developments between 20 and 75 units, 3 amenities are required, with at least one from each category (Quality of Life, Open Space, and Recreation). Amenities on site include: walking path throughout the development (recreation), bermed landscape buffer along N. Linder Road with a central plaza and water fountain (open space), neighborhood fitness pool and exercise cabana (recreation and quality of life). Staff is recommending that additional amenities be provided for this site. Staff recommends that the Commission determine if the proposed amenities, as revised by staff, are appropriate for a development of this size. Open Space: Because the site is less than five acres, the qualifying open space requirements of UDC 11-3G-3 are not applicable. However, UDC 11-4-3.27C requires a minimum area of outdoor common open space to be provided as follows: a) 150 square feet for each unit containing 500 or less squaze feet of living azea; b) 250 square feet for each unit containing more than 500 squaze feet and up to 1,200 squaze feet of living azea; and c) 350 square feet for each unit containing more than 1,200 squaze feet of living area. Common open space azeas 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 1,500 square foot units to 1,750 square foot units. As mentioned above, the UDC requires 350 squaze feet for each unit containing more than 1,200 square feet of living area. The multi-family development is proposing a total of 21 units. The minimum amount of open space required per code for all of the proposed multi-family development is 7,350 sq. ft (21 X 350 sq. ft). NOTE: Private useable open space is not considered common open space. The applicant is not proposing enough common open space azea to meet the requirements of UDC 11- 43-27C. To comply with the common open space requirement, Staff recommends the applicant lose one of the northern units adjacent to the cabana and incorporate this area into a common area/lot. If one unit is lost the applicant will have to provide 7,000 square feet of open space. In addition to providing an additional common area around the proposed cabana and pool area, Staff recommends that the applicant provide an additional amenity, including but not limited to, a gazebo, barbeque area or tot lot in this area. Furthermore, Staff recommends the square footage of the exercise cabana increase from 120 square feet to 240 square feet to provide for a more useable space. )f these changes are made, staff is supportive of the common open space for the site. Maintenance of all common areas should be the responsibility of the Home Owners' Association. PS (Private Street) Application: In conjunction with the public cul-de-sac extension from the west, the applicant is proposing to construct three 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 are to be constructed as a 24-foot street section and include a 4-foot sidewalk (pathway) on one side. The applicant has submitted a Private Street application as required by UDC 11-3F-3. Staff is supportive of the applicants request and has conditioned as such in Exhibit B. Staff is recommending approval for the proposed Villas @Lochsa Falls Development (A~08-002, PP-08- 002, CUP-08-003, PS-08-002, & ALT-08-OOS7 with conditions listed in Exhibit B of the Staff Report. The Meridian Planning & ZoninE Commission heard these items on March 6, 2008. At the public hearins the Commission moved to recommend approval of the subiect AZ. PP and CUP request. The Meridian City ounc'1 heard these items on April 1. 2008. At the uublic hearing the Council approved the subiect 7._ PP and CUP request. Villas @Lochsa Falls AZ, PP, CUP, PS & ALT PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: 1-02-08) 3. Site/Landscape Plan (dated: 4-10-08) 4. Revised Site Plan (P & Z Commission's Open Space Recommendation) 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 8. Settlers Irrigation District C. Legal Description & Exhibit Map 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 Villas @ Lochsa Falls AZ, PP, CUP, PS & ALT PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 1. Vicinity Map Exhibit A • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 2. Preliminary Plat amp e.e~ ~ rur - -- 1D'7d AFJV •;se,nu! tle4druuQ 1Q axm'ar msea 577V3 VSNQ071V $ @ ~ ~ ii ~~~ ~~~ ~ $Q~$!~ ~ ~ ~Eg ~ ~ % --.roles-- ~~~~ld~~~~~ ~ ~ ~~~g~~~~~ ~~ ~ IIIII ~~ ~~ m ~~ o ~~< ~~ ~ o~~ ~t'~ ~~~Sa ~~ g~ cf ~ ~~ ~ ~~~ o to ago ~~s ~~m~ ~~® ~~o ~~~~ ~ ~~~ ~~~~~~ ~~~~~ ~ n.?SB ~ ~~ ~ ~~ ~ ~ ~ ~~ ~~~e ~ ~~ ~~ ~ ~ ~ ®a ~ ~ g p ~ ~ ~ y~~ 1t~,~ S~ ~ p~ ~ ~ ~~ ~ ~~ ~ 1~ ~~~ ~ ~ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 3. Site/I.andscape Plan roved) - F ~~~~~_~~ zb9£e ai 'r~v~a~w 3dd~.SMId'~3.LIS ¢~c - z iaiozzs~wz avy ao~vzzr~coz 8£b 31S 3M11 ,~3H~ M E ~ ££ ~gg~E - zcuee axa ~o¢ S1N3W1~/tNl 1139dWb71O 55e~~tl$ ~., ~; „~G '~'~"~9 ~ avo~ ~aarvn ssss ~ ~~,~ ~~ ~ ~ ~ ~ srro~ dsu~o~ lv svnin ~ $~~~ ~'~y~~ O s a & 4 d ~ a 1 Noild~nddd ~sn idNOI11aN0~ t,t~ J Q lL d U O J Q 4 W Q U N z ~g ~Q 0 J U g (L W Q U N z g w O b cn 4 N p _u c~ j ,~ ~~a~ ~~^~~ ~ ~r°s ~ §~~ ~ ~s ~~ z. 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Revised Site Plan (P & Z Commission's Olen Space Recommendation) c~ 4~~ ~~ i Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 Side and Rear Elevations s~cE Et~EVA'~ ~ or.l 8~. ~ ~~ea V,dl[at- R E~EVA'r1c~ Exhibit A t1oM~= A ! ~br~E ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 65 ('fi:::_o?~'T": W.F._"t^r." 11 Exhibit A • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TAE HEARING DATE OF APRIL 1, 2008 Exhibit A Top view of the proposed homes • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 Cabana Elevations architectural shingle r~ ~ ° , 8" wood fasaa _ 12" slate the band ,+ v ~ 00 6 ~ ° 6 fence 6' fence -~ "' 24" save - ~ stucco -~ ~o~ ~_ Gjoi '~ ~ 12'° slate the band 6' fence POOL SIDE ELEVATION 121-OII c~ u 30 30 30 50 - ~ .- ~ ~ .. ~ ~ ~ bike EXERCISE .- ~~ . -POOL PATIO ~- ~ ~ ~ - ~ .- ~~ - - U c tD FLOOR PLAN EXERCISE CABANA VILLAS AT LOChSA FALLS scale : 3/I 6" = I'-O" PLACE !Inc. _~ O z Exhibit A • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL I, 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 January 28, 2008 by Darin Holzhey, PLS) is accurate and meet the requirements of the City of Meridian. 1.1.2 A Development Agreement will be required as part of the annexation and zoning of this property. Prior to the annexation 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 developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: Construct a maximum of ~A 21 units on this site and comply with the site/landscape plan and elevations submitted with the CUP, as amended. • No two building in a row (side by side) shall have the same elevation or exterior style. Building materials on this site are to include: stucco, stone and masonry, wood siding, rough sawn timber (stained black, brown, Carmel or natural fmish) and architectural shingles. Any future buildings shall substantially comply with the construction materials and design elements shown in these elevations. • The applicant shall submit for a condo plat for the subject project in the future, as proposed. 1.2 PRELIMINARY PLAT 1.2 Site Specific Conditions 1.2.1 All comments and conditions of the accompanying Annexation (AZ-08-002) and Conditional Use Permit (CUP-08-003) applications shall also be considered conditions of the Preliminary Plat (PP-08-002).The 2-lot preliminary plat prepared by Mason Stanfield, dated January 2, 2008 (attached in Exhibit A), is approved with the following modifications: • The 25-foot landscape buffer along N. Linder Road shall be platted as a common lot in accordance with the UDC. • The applicant shall construct a 5-foot wide sidewalk to the terminus of the property and taper to 4- foot with the connection to the existing 4-foot detached sidewalk adjacent to Cedar Grove. • Add a common lot or common easement area on the north side of the plat, as required with the concurrent CUP application. 1.2.2 Access to this site shall be provided from the extension of Cedar Grove to the west. Direct lot access to N. Linder Road prohibited. Cedar Grove shall be extended so the Ada County parcel to the south can also have access. The applicant shall coordinate with ACHD regarding the appropriate signage and road markings to direct the future residents and guests into the development. 1.2.3 Prior to the City Engineer's signature on the fmal plat, all existing structures on this site shall be removed. Prior to the issuance of any building permit for a new dwelling unit, the final plat shall be recorded. 1.2.4 The landscape plan prepared by Place! Design and Planning, dated January 31, 2008, labeled Sheet A1.0 (attached in Exhibit A), is approved with the following notes/changes: • Provide a minimum 25-foot wide bermed landscape buffer along N. Linder Road with a 5-foot detached sidewalk for Linder Road. All landscape materials shall be installed in accordance with UDC 11-3B-9, Landscape Street Buffers. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL I, 2008 • 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 internal pathway in accordance with UDC 11-3A-8 and UDC 11-3B-12. Said plantings and design of the pathway adjacent to the west side of the property shall be constructed and landscaping installed, as proposed with ALT-08-002. • The landscaping plan shall have a legend identifying the number plantings, the class and the caliper of the trees proposed. • Construct a 6-foot tall cedar fence along the south boundary, as proposed. • 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. 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 fmal plat by the Meridian City Engineer. 1.2.6 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. 1.2.7 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. 1.2.8 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. 1.2.9 Sidewalks/walkways shall be installed within the subdivision and along the adjacent streets pursuant to UDC 11-3A-17. Coordinate with ACHD the extension of the sidewalk on Cedar Grove. 1.2.10 Provide private streets within the development as approved with PS-08-001. 1.3 GENERAL CONDITIONS 1.3.1 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.2 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. 1.3.3 The Applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided at the time of building permit submittal, 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 maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7, 1.3.4 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. Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 1.3.5 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.4 CONDITIONAL U5E PERMIT 1.4.1 The site/landscape plan, prepared by Place! Design and Planning, dated April 10, 2008 is approved. Revise the plan to show the following modifications: • . A maximum of 2A 21 units are approved; a minimum of 7,000 square feet of common open space shall be provided. Increase the amount of open space from 10 feet to 20 feet measured from the apron of the pool to the west to also include a barbeque pit area in said common open space. • Increase the square footage of the cabana to be at least 240 square feet and be located no closer than 10-feet to the north property line. » » 1.4.2 All comments and conditions of the accompanying Annexation (AZ-08-002) and Preliminary Plat (PP- 08-002) applications shall also be considered conditions of the Conditional Use Permit (CUP-08-003). 1.4.3 In addition to the amenities listed herein, provide a minimum of 7,000 square feet of common open space. 1.4.4 The site/landscape plan prepared by Place! Design and Planning, dated April 10, 2008, is approved with the following modifications/notes: • The applicant shall comply with the landscaping along the foundation for the multi-family units as proposed. • Add the open space and amenities as outlined herein. • Construct sidewalk in accordance with City Policy and ACRD standards. 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-08-002. 1.4.6 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 site/landscape plan. 1.4.7 Provide amenities for the development as follows: walking path throughout the development (recreation), bermed landscape buffer along N. Linder Road with a central plaza and water fountain (open space), neighborhood fitness pool and 240 sq. ft. exercise cabana. (recreation and quality of life), as proposed. Add an additional amenity to the development, such as a tot lot, gazebo or barbeque area. 1.4.8 Building setbacks, separation between proposed structures shall comply with the Building Code and Fire Code. The applicant shall contact the building department for the appropriate building code requirements prior to issuance of a CZC. 1.4.9 As determined by the Planning Director, the multi-family buildings and exercise cabana constructed on this site shall substantially comply with the renderings submitted to the City with the CUP application, and as modified by the conditions of approval herein. Building materials on this site are to include: Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL I, 2008 stucco, stone and masonry, wood siding, rough sawn timber (stained black, brown, Carmel or natural finish) and architectural shingles. All roof and wall-mounted mechanical, electrical, communications, and service equipment shall be screened from public streets and properties by the use of pazapets, walls, fences, enclosures, or by other suitable means. Further, all buildings shall comply with the architectural standazds of UDC 11-4-3.27E. 1.4.10 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. 1.4.11 Prior to CZC issuance, provide permanent or temporary construction fencing azound the entire perimeter of the site. 1.4.12 Comply with all of the standazds listed in UDC 11-4-3.27 regazding multi-family developments, including Site Design, Common Open Space, Site Amenities, Architectural Character, Landscaping, and Maintenance. 1.4.13 Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, amenities and landscaping shall be installed. 1.4.14 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. 1.4.15 Provide a centralized mail box location, as proposed. 1.4.16 Comply with all of ACHD's requirements and conditions for this project. 1.4.17 Construct the driveways as proposed with ALT-08-005 including 10' X 40' pazking pad with a 5-foot landscape strip accented with the wood trellis. For the four internal units with no pazking pads provide t~ nine guests pazking stalls, as proposed. 1.5 PRIVATE STREET 1.5.1 Construct W. Naleigh Street, N. Dylan Avenue and W. Talia Street as 24-foot street sections that include 4-foot wide sidewalks (walkway) in accordance with UDC 11-3F-4, as shown on the submitted plans. 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 standazds as set forth in UDC 11-3F-4; no gates aze allowed. Roadway and storm drainage shall be contained on site. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N Linder Road from manhole number 59. This manhole was installed with the Lochsa Falls Subdivision #1 and is approximately 255 feet north of this projects North property line. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standazd forms of easements for any mains that aze required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standazd Specifications. 2.2 Water service to this site is being proposed via extension of mains in N Linder Rd and W Cedar Grove St. The applicant shall be responsible to install water mains to and through this development, coordinate Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 main size and routing with Public Works. 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 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. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.6 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. 2.7 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. 2.8 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. 2.9 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. 2.10 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. 2.11 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized imgation and landscaping shall be installed and approved prior to obtaining cert~cates of occupancy. 2.12 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. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 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. Exhibit B i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 2.18 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. 2.19 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. 2.20 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. 2.21 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 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.2 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.3 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.4 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. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.5 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. 3.6 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). Exhibit B • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 3.7 Pool chemicals shall be stored in compliance with the International Fire Code. 4. POLICE DEPARTMENT 4.1 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. Additional lighting of the 4-foot bollard type or similar shall be located along the walking paths on both the east and west side of the development to illuminate the walkways in the nighttime hours or pedestrian safety. 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 (iJDC 11-3B-10) will be followed. 6. SANITARY SERVICE COMPANY 6.1 Provide a minimum 28' inside and 48' outside radius for all alleys and private streets, where they intersect a public street. 7. ADA COUNTY HIGHWAY DISTRICT (NO COMN)~NTS RECEIVED) 7.1 Site Specific Conditions of Approval 8. SETTLERS IRRIGATION DISTRICT 8.1 All irrigation /drainage facilities along with their easements must be protected and continue to function. 8.2 A Land Use Change Application must be on file prior to any approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 8.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District's Board of Directors. 8.5 All storm drainage must be retained on-site. 8.6 A pressure imgation system must be provided to service all lots within the above-mentioned subdivision from the current delivery point. Exhibit B i i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 C. Legal Description and Exhibit Map s'~~~n Pr+°f~fional ~~ L,ar-d Sunfeyors and Planners ~~~~ 314 l3adiola St. Caldwell, ID 83605 t7 lC~C7, 1nG PI, {208) 454-a~5s Fax ~zoa) 4544)979 e-mail• rlholzheY~a7~cr seng.us FOR Dustin Campbell JOB N®.: MR1907 DATE: 3anuary 28, 2008 ANNEXATION DESCRIPTION A parcel of ]anti being a portion of the NEl/4 SEl /4 of Section 26, Township 4 North, Range] West, Boise Meridian, Ada County Idaho, more particularly described as follows: Commencing at the northeast comer of said I~TEl/4 5EU4; Thence 5 00° 24' 31" W a distance of 250.00 feet along the east boundary of said NE1/4 SE1/4 to the POINT OF BEGINNING; Thence S 00° 24' 31 " 11V a distance of 370.50 feet along said east boundary to a paint; Thence N 89° 35' 29" W a distance of 352.71 feet ~rpendlcular to said east lmundary to a fiat; Thence N 00° 24' 31" E a distance of 370.50 feet parallel with the east boundary of said NEl/4 SE1/4 to a point; Thence 5 89° 35' 29" E a distance of 352.71 feet perpendicular to the east boundary of said NEl /4 SEl/4 to the POINT OF SEGINNIlVG; This easemen# contains 3.000 acres more ar less. SiJBdECT TO: All existing rights of way and easements of record or implied appearing on the at~ve-descn`bed parcel of land. e~ .~ ,~~ ~ YYODRKS POSP'i Exhibit C M • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 t i %~ t I a _ i _ U ~, ~'~ ! %-; 1 f E i ®~. ~ ~ i ~ ~i I ~ i i 1 i~ K d. ~ ~ e~y N snm~ P fly' .pi3Cb9'S~ FA1GF., ~s ~~o OmC em ~eatam lane Q BPlmviara sG°,a. N/a tom. ®® ®® G~ ~ r,~ i ~ I 1 ~.$7$ sr~. fE I 3.00 ~rres sa~1 ~' ~'~ ~w~ Exhibit C ~ ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 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 City Council finds 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 City Council finds that multifamily developments are conditional uses within the R-15 zoning district. The Commission fords 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 City Council finds 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 City 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 (LTDC 11-5B-3.E). The City Council finds 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 City 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 City Council fords that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. The City 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. Exhibit D • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council 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 City 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's 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 City Council is unaware of any natural, scenic, or historic features on this site. Therefore, the City Council fmds 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. 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 City Council finds that the site is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds 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 existing or intended character of the Exhibit D • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 general vicinity and that such use will not adversely change the essential character of the same area. The City 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 and Council 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 City 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. Staff recommends that the Commission and Council rely on any public testimony received when making this fording. 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. The City Council finds that the proposed use will be served adequately by essential public facilities and services. 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 City 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 City Council finds 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, properly or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City 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 City 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 and Council reference any public testimony that maybe 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 City 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 Exhibit D • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 1, 2008 the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 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 Staff 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 In addition to the garages, the applicant is proposing to provide 2 tandem car parks for most units and provide t€~ nine guest parking stalls for the four internal units that have no parking pad. The applicant's design complies with the parking requirements of amulti-family development. The applicant has also added additional landscaping by integrating a 5-foot center parking strip and wood trellis to accenting the front fagade and entrances of the driveway. For the landscaping adjacent to the west side pathway, the applicant still meets the tree planting requirements of the UDC. The applicants design stagers the walkway at 5-foot and 3-foot intervals to accommodate the required trees and allow for the planting of shrubs and trees in the 3-foot sections. Staff finds the applicant's request meets the intent of the City's parking and landscape standards. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and Staff finds the alternative compliance does provide a superior means for meeting the City's parking and landscape standards and provides a single family ambience to the development. The alternative the applicant is proposing provides the required parking and meets the required plantings in accordance with the UDC. Therefore, Staff is supportive of the applicants request for alternative compliance from the landscape and parking 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. Staff finds that the proposed alternative will not be detrimental to the public welfare or impair the use /character of the surrounding properties. Exhibit D April 11, 2008 MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT ITEM NO. S-L REQUEST Water Main Easement Agreement for Famous Dave's BBQ by Idaho Dave's BBQ, Inc. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Clty of Meridian. Ww ~ A • ADA COUNTY RECORDER d. DAVID NAVA~ AMOUNT .00 I 8018E IDAHO 04!26108 03:13 PM DEPUTY Bonnie Oberbilgg (III' (I'I II ~ I II I I I') I I I (I I) I' I I (I I ~I) RECORDED-REOUEBT OF 108~045~35 Meridian CIiF WATER MAIN EASEMENT THIS INDENTURE, made this 2'l day of ,, 20 0~2 between tDAwl~ '1A~E s ~3~ ~~N t . ,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; WTTNESSETH: 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, 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 easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following .described property: (SEE ATTACHED EXHIFiIT A and B} The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement 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 malting subsequent connection to the water line, Grantee shall restore the area of the easement and adj acent properly 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 effect and shall be completely relinquished. Water Main Easement easmt wtr main.doc pag~,^a J f ' • • THE GRANTORS do hereby covenant with the Grantee that they are lawfiilly 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: ~ec%rewry STATE OF ) 11uo~iANA ) S5 ~~waw '[or+~' County of a ) On this '~'1 day of MA.~c~ , 20a'~, before me, the undersigned, a Notary Public in and for said State, personally appeared 'i'ATR~ct~. w. 'RY/W and ?~zWck w. RrAN ,known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS Wi~REOF, Y have hereunto set my hand and affixed my official seal the day and year fist above written. ~o~ ~,. HIC/~~~y ~o ~1.,.p c~5 `~LC~Y)'1D(ih~ ;~ ~S~AL- ~':. NOTARY PUBLIC FOR@ ~'^pN~R~'!k 5 ~A~ _ Residing at Lai 1 I ~ hA S MZ' ' ` Commission Expo ~ • ~1- 9 ~~~ ~~ OF~ ~~sOti~~P Water Main Easement easmt wtr main.doc P'~~ • CZTI' OF MERIDIAN Tammy de Jaycee Holm, City Clerk STATE OF IDAHO, ) ss. County of Ada, ) On this ~~day of ~~ C1 ~ ,2p0~ before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de weerd and Ja cee Y dolman, 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 nne that the City of Meridian executed the same. Approved by Council on • ~ ~. ~' s ~~~ 7 ~ ,~ '~ T ~~ ' IN•WTTNESS WHEREOF, I bane hereunto set my hand and affixed my official seal the day and year first above written. SEAL ~~, . ~ ~ .'~ .~-~ .~ ~ ; _r ~o.~•ax~r~i ~ Notary Public for Idaho Residing at: ~l~- My Commission Expires: EDIT A FOR: Idaho Dave's BBQ, Inc. JOB NO.: MR0908 DATE: Apri14, 2008 WATER EASEMENT U An easement being a portion of Lot 8 of Block 1 of the Smitchger Subdivision as on file in Book 92 of Plats at Pages 11,000 through 11,003 in the Office of the Recorder of Ada County, Idaho, said subdivision located in the SW 1/4 SW 1/4 of Section 33, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, more particularly desen~bed as foIIows: Conunencing at the Southwest corner of Lot 7 Block 1, said corner monumented with a 1 /2 inch diameter iron pin; Thence along the easterly right-of-way ofN. Eagle Road. the following courses and distances; Thence N. Ol ° 50' S2" E. a distance of 1.78 feet to a point monumented. with an ITD RO~V brass disk; Thence N. fl0° 30' 25" E. a distance of 245.53 feet to a point; Thence N 07° 55' 31 " E a distance of 92.94 feet to a point; Thence N 00° 30' 25" E a distance of 36.19 feet to a point; Thence leaving said easterly right-of-way S 89° 30' 4?" E for a distance of 200.25 feet to a point; Thence 5 00° 29' 13" W a distance of 101.09 feet to the POl1VT OF BEGINNING of said easement; Thence S 00° 29' 13" W a distance of 25.00 feet to a point; Thence N $9° 30' 47" W a distance of 5.00 feet to a point; R~ 4157 Thence S 00° 29' 13" W a distance of 28.22 feet to a point; ° " ' ~ ~ 6 Thence N 89 29 35 W a distance of 38.00 feet to a point; ~~- y/mfg/o8 Thence N 00° 29' 13" E a distance of 19.73 feet to a point; ~ r4, o ~ `Q~~~ S 89° 30' 47" h f 18 00 f t t t di E O 9h41 4~ T ence o a poin . ee ; stance o a Hn Thence N 00° 29' 13" E a distance of 33.47 feet to a point; Thence S 89° 30' 47" E a distance of 25.00 feet to the POINT OF BEGIPINING of said easement; This easement contains 0.035 acres more or less. Also, this easement is subject to all easements and rights-of-way of record or implied. AAA,_5DN s 57"ANFIC'1D, ING I rmr~m~~ suxv~oa~ & PcA~vx~xs .g`I-J Page 1 of 1 page~~ ~ ~ ~ WATER ~AS~MENT E7Q~~IBIT B LOCATED IN THE SW 7/4 SW 7/4, SECTION 33, T. 4 N., R. 1 E., B.M. MERIDIAN, ADA COUNTY, IDAHO 2008 N88:3D'47"W 29s w ZOD.25' 1 n i ~~ M f 4 Portion of Lot 8 Block 1 ~;~ of Smitchger Subdivision is ~ ~ ~ i ~ W '' ~ Ntm X00 ~ w g " . 13 w sooz9 33.x7' uen.zn'~~"us M 84.1 +~i New Water Easement 7.035 Ac. 1,545 Sq Ft trlt Of tTeginning ~•t3"w ,~~- N~;30'47'W 3 P ~~~ Q soo79't3"w -~ 19.73' ~~ '13"W .3800' -____-~ ___-- c N. T. S ----------------- N89~935 Yi ~ r_____,~~stLng,~Yotgr Eo~semenf ____~ i i 74811' N8979 38"w sw N h x 7Tp '175+8256 7o.7s ar aP ,1S 8111" ,,r^A10t~0'S .ate 1.78" sue' oErnx. sw ca+ner or l.~t 7 8-od~ 1~ DETAIL "A" o/ Smitchger SubdFvtsi«- N.T.S. WATER FJW~IENT -- ~abaero~6gi~nr~, ore ~.asiaw eso AMR' aeon ~, '`A ~ w ~ Krs ,~ p ~e/ ~. gym. ~° aK ~. ~~f C~ City of Meridian Public Works Dept. Memo To: Mayor De Weerd 8 City Council From: Karie Glenn CC: .File Date: 4/10/2008 Re: Proposed Agenda Items for 4/15/08 City Council Meeting RECEiv~T_: ~it~ ~)~~lV1~XZai;~~. ~it~ ~le~k Q-c~, The Public Works Department respectfully requests that the following items be placed on the 4115/08 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Famous Dave's by Idaho Dave's BBQ. Inc. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Famous Dave's by Idaho Dave's BBQ, Inc and authorize the Mayor to sign and City Clerk to attest. 2) Water Main Easement for Idaho Pulmonary by Aspen Grove Development. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Idaho Pulmonary by Aspen Grove Development and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 • WATER MAIN EASEMENT THIS INDENTURE, made this 2=1 day of M~ cti , 20 0~ between ~DA+1~ 'JADE s R~c~ ,~N ~ . ,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 easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area 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 effect and shall be completely relinquished. Water Main Easement easmt wtr main.doc • • THE GRAN'T'ORS 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: ~ecrc~ary STATE OF ) MO~[1~.t+A ) sS YE~~ aioNe County of f~a ) On this 2"I day of MR~c~ , 20oZ, before me, the undersigned, a Notary Public in and for said State, personally appeared i'AzR~c.rL w . ~tiAN and ?A•tWck w- tz~Ar+ ,known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~:~1~.~ r~ 4 ~.a;`, ~ y.''j~ Water Main Easement ~012LP ~ . Y-~#t.C~C.Y Y 1~ Y~ NOTARY PUBLIC FORS MoN'~RNl4 Residing at 3~ I ~ i r ~U S ~~T Commission Expires: ~} • ~• • ~i easmt wtr main.doc GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by William G. Berg, City Clerk Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada On this day of , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement easmt wh~ main.doc • EXHIBIT A FOR: Idaho Dave's BBQ, Inc. JOB NO.: MR0908 DATE: Apri14, 2008 WATER EASEMENT • An easement being a portion of Lot 8 of Block I of the Smitchger Subdivision as on file in Book 92 of Plats at Pages 11,000 through 11,003 in the Office of the Recorder of Ada County, Idaho, said subdivision located in the SW 1/4 SW 1/4 of Section 33, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho, more particularly described as follows: Commencing at the Southwest corner of Lot 7 Block 1, said corner monumented with a 1/2 inch diameter iron pin; Thence along the easterly right-of--way of N. Eagle Road the following courses and distances; Thence N. O1 ° 50' S2" E. a distance of 1.78 feet to a point monumented with an ITD ROW brass disk; Thence N. 00° 30' 25" E. a distance of 245.53 feet to a point; Thence N 07° 55' 31" E a distance of 92.94 feet to a point; Thence N 00° 30' 25" E a distance of 36.19 feet to a point; Thence leaving said easterly right-of-way S 89° 30' 47" E for a distance of 200.25 feet to a point; Thence S 00° 29' 13" W a distance of 101.09 feet to the POINT OF BEGINNING of said easement; Thence S 00° 29' 13" W a distance of 25.00 feet to a point; Thence N 89° 30' 47" W a distance of 5.00 feet to a point; ~pk ~v~sr Thence S 00° 29' 13" W a distance of 28.22 feet to a point; ~ ' " ° ~ 3 29 35 Thence N 89 W a distance of 38.00 feet to a point; ~+ y~mY/off Thence N 00° 29' 13" E a distance of 19.73 feet to a point; ~, o 7rE a F `gyp ° 0' 47" t i 00 f t t f 18 E di .i C ~R~a o~t~ Thence S 89 3 ; o a po n ee stance o . a H Thence N 00° 29' 13" E a distance of 33.47 feet to a point; Thence S 89° 30' 47" E a distance of 25.00 feet to the POINT OF BEGINNING of said easement; This easement contains 0.035 acres more or less. Also, this easement is subject to all easements and rights-of--way of record or implied. MA.50N ~STANFIELD, ING- C~~!]YEER$ S`URVEYORSr & PLANNF,RS Page 1 of 1 C~ WATER EA$EMElVT ESQ-!/B/T B LOCATED IN THE SW 1 /4 SW 1 /4, SECTION 33, T. 4 N., R. 1 E., B.M. MERIDIAN, ADA COUNTY, IDAHO 2008 N89 30"4TW 294.42' 200.25' I 94. f r' I ~I ti t~ W 2 Portion of Lot 8 Block 9 of Smitchger Subdivision ~1 ~'io °~'' ~i- New Water Eosement ~ 0.035 A c. 1, 545 Sq Ft I Point of Beginning S00 2~°13'W 25. DO N8930'47°W 3 5.[10' «~ 18. a N f9.73' SQ07~~13'W a --------------- 38.00' _- 222----- Na9~ 3s w -~ ~ N. T.S. 1 _____.~xisting Water Easement ~ ~ `~ I ___--------- ' N8979'35~W .w N ', s~ oErat •r ~D O ~ro r7s+B2ss 70.79 RT AP ' cs sm NOl'S0 5 1.78' sw co.ner of c°t 7 Btoek ~ DETAIL "A" of Smitchger Subdivlston N. T. S. 148.11 ~~ _ aeon ~, e~ i April 11, 2008 MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT ITEM NO. S-M REQUEST Water Main Easement Agreement for Idaho Pulmonary by Aspen Grove Development AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached ~r ® ADA COUNTY RECORDER J. DAVID NAVIIIIRO AMOUNT .00 B BOISE IDAHO 04!?4106 03;13 PM DEPUTY Bonnie Oberbilgg RECORDED-REnus~r of III II IIII 1111111 IIII I IIIIIIIIII II I I Meridian Clly 10$~~#8~~~1 WATER MAIN EASEMENT THIS INDENTURE, made this 3 day of A~~ 2008 between Aspen Grove Development LLC., 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; Wi'TNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinatler 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 line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement andright-of--way unto the said Grantee, ifs 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 adj acent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will nat 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 effect and shall be completely relinquished. Water Main Easement easmt wtr main 1~~~ +'_ • • THE GRANTORS do hereby covenant with the Granter 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: Manager, Aspen Grove Development LLC. ~/~K ~/. E,u~/o STATE OF IDAHO ) )~ County of Ada ) On this ~ day of ~ .~ , 20,x, before me, the undersigned, a Notary Public in and for said State, personally appeared ~~'~~ 1~ C'y~l(] and ~~ . known or identified to me to be the Manager of Aspen Grove Development LLC. that executed the within instrument, and acknowledged to me that such corporation ex~uted the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist abova-w!lt~._ .••Sp p, ~~a,, ~` :~~pT AR Y ~~) ..•~ ~ •. - ~'~ GRANTEE: CITY OF MERIDIAN Water Main Easement NO ARY PUBLIC FOR IDAHO Residing at Commission Expire : '~C.'< easmt wtr main s, ~ • • \``~~fff~fut-u~ir1f`~' ~ ~ ~~ Tammy de eerd, May ~~.•~~~ ~'' ,` Attest by Ja Holman, City Clerk $~`iAL Approved By City Council On: '~ iy 'r ~~ r r ~~~ ,~t~Nrrtr~ IIffN STATE OF IDAHO, ; . ss. County of Ada On this ~~ day of r 20V~before me, the undersigned, a Notary Public in and for said State, personall appeared TAMMY DE WEERD and JAYCEE ~IOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL) • ~ ;~: N TARY P C FOR IDAHO ( ~ '" ~ ; x: Residing at:. (~ ll~~ 1, j LD ^ i r ~ Commission Expires• ~p-1 t~l I ~, ~ • ~y'~ •,~:r ,.~~ .• .~ tZi=~k~ .• -.... • Water Main Easement easmt wlx main P. • • "''-~' THB J.AP[D G80T38~ INC. July 3, 2007 P'm~ect No. 05333 Legal Yipdon Idaho Pulmonary City of Meridian Watar F 389 Square Feet An t for the purpo~ of co~nartion, ao~ and ~ of watra facilities being situated in a ~rtion of Lot 3, Block 1 of Valencia Plena Subdivision situated in a portion of tbu~ Northeast One Quarter of the Northwest One Quarter of Secdon 20, Tow,rship 3 North, Range 1 Boise Meridian, City of Meridian, Ada County, Idaho, described asfollows: - Comn~ttg at a brass carp monutneriting the North One Quarter Comer of said Section 20, which bears Soutb, 89°52° 19'° East a distance of 2,656.36 feet from a brace ~P monomentiug the Northwest cAmer of mid scction 20, thence following the sly tiers of said Northwest Ono Queer, South 00°24' 16" West a distaa~ of 443.00 feet to a point on the southazly right-of-vra~y line of Fast Gala Strom . Theac~ leaving said easterly line sad f©llo ~,id~suotherly right-ofv~ray lip, North 89°52' 19" Wort a dis~nce of 2?4.26v ft to a point; Thence leaving said southe~y right-of-way iine, South 0~0°Ot)'00°' East a die of 143.74 feet to a poinq T North 90°x'04" Fast a distance of 49.93 feet to a poirr~ Thtynce South 45°0$'40" West a distance of 54.48 feet to a point; Thestce South 44°S 1'20" Est a distance of 36.09 feet to the POINT OF BEGINNINt3. Thee North 45°08'40" East a distance of 10.00 feet to a point; North 44°51'20„ West a distance of 12.23 feet do a point; Thence North 45°00'00°' East a distance of 11.66 feat to a poi pence Sadudr 44°51'20" Eart a distance of 22.17 feat to a point; Tlmnce South 45°08'40" Week a distance of 24.85 feet to a point; Thence North 44°51'20" West a di~nre of 9.91 feat to a point; Th~ce North 45°08'40" East a dista~e of 3.19 feet to the POINT OF BEGINNING. Site Pla~u1-,~ . Luu~diwpe.~rlxtertrrre r CrailErasimearir~ • Ga/fCaase Irni~iMrea ¢.'' Engiaeerin~ • Grap~iu Coro+~raaiadiop' S~rm~eng X62 iw Sl+oce lacire, Sce. c00, tragle, Idnho 53616 ~ P 208.939,~t1 F 208.939.-W-15 • G:'~ 2006\06333\?ldmiallagn1s~072s0?h2oeaae.doc rip ~ Of .- ' ~ - • r' ~~ ,,`~"_' ~xs ~r-rrQ asoue. ix~ Sand ea~ne+nt contains 389 square feet more ar leis, subject tv aU existing easements and rfghts~of-way. Attached brueta is Exhibit "H" and by this inference is made a part l~of. Pr~,nvd Elr Tho Laud tiraup, Inc. 4b2 E. Stye 8u~ 1(~ Eagle, ~ 83616 208-939.4041 208-939-4445 {FAX) SNe P~iauiR,~ •1s1Rd1~ps.'!-c6rteo~xre •Ci~ilBr~eerer~g •CrelfCoersa ln~utios eI"Engineadg,~ • G~• Conre~uNi.artioa •Swve~irrg ~ 1 ~G2 B. S~o~ Drive, Ste. 100, Eagie, idnho 8361G • n ~8.939,~1 F ~8.939.~5 • G:'~~U06~Ofi333~:1dmin4~ga1s10?2307h2oeuae.doc ' P1ge Z of 2 .p~_ of lV ~'~ ~ • i SITtJATEt1 IN A PGRTION CF THB NE1/4 OF THB NW1/4 OF SECTION 21~. TOWNSHIP J NORTH. RANGE 1 EAST. B.M.. CITY OF MERIDIAN. ADA COUNTY. IDAHO NNI t 9.°0'RQI'0 VV _ _ _tAi"~ '_ 1 A+2q ~+ OV$RZr4ND ROAD N ~" ~ ~ '~ _ ~ ~ GALA ,9ZR~1' _ _ .. ( i ~ ~ 1U~OIA~PUIrJ1 I I ~ ; ~ ~ _ s~IBertslaa I l I ` i I~ r--J I I~ i 1 I I l 1 E ~''I I 1 1 I l j LO?4 1 W?S, I Wit ]. ~ I 1 IIiLOCit 1 BLACK 1 BLOC[C 1 I ~ I 1 ( I I I 1 IIi I i ~ I t I ~ - -J ~-------, I ,~~ rS~'~911 b4,46' , ~ ~" I J ~5~/4~1'~'E 50.x' I ~ ~ ~ ~ ~~i / ~(~ ~` ~" "1 BLOCK 1 ~ j ~~ ~ ~v-', PF~PO® OILY aF frBl>~111 I 1"" / ~ ,. L7 1.1118! PJI'~i~IT 1 y ~i~ LCT9, Aitx'rc t ~ 124fig a ~ ~ ~~ ® ~ ~ , 0~ Paa ~atrvst~n `i~ ~~. eta I+r at ~..~~ morare _ ~ Hew - tout ~ ~..~~.0 -------~- t~q~aut r- ~ea,HroR ~ PRalc-cr 1~+-rnm ~ sc~a+.~: ,°~a ~ ~~. - ~c r~ovp, nvc. EXHIBIT "B~ y-~,T CITY OF MERIDIAN r~a,IECrroo.as~ ~.,~ , ~T~ P v 1 a~ ~ • Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: 4/10/2008 Re: Proposed Agenda Items for 4/15/08 City Council Meeting ~;it~ ~~f 1Vlc~dia~, ~~ty C1Px~ ~~cF The Public Works Department respectfully requests that the following items be placid on the 4/15/08 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Famous Dave's by Idaho Dave's BBQ. Inc. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Famous Dave's by Idaho Dave's BBQ, Inc and authorize the Mayor to sign and City Clerk to attest. 2 Water Main Easement for Idaho Pulmonarv by Aspen Grove Development. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Idaho Pulmonary by Aspen Grove Development and authorize the Mayor to sign and City Clerk to atteslk Thank you for your consideration. • City of Meridian Public Works Dept. _~~~ , . APR 10 200 • Page 1 WATER MAIN EASEMENT • THIS INDENTURE, made this 3 day of Ate, 2008_between Aspen Grove Development LLC., 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 line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area 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 effect and shall be completely relinquished. Water Main Easement easmt wtr main ! • THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of Iand, 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 ofthe fnst part have hereunto subscribed their signatures the day and year fast herein above written. GRANTOR: Manager, Aspen Grove Development LLC. f'~/~~'K /til.l~v~c~ STATE OF IDAHO ) ss County of Ada ) On this~1,}?a day of ~3~__. i . 20~,, before me, the undersigned, a Notary Public in and for said State, personally appeared _h1Ci7-y ~~. "~ I~~i'` and . known or identified to me to be the Manager of Aspen Grove Development LLC. that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist abova~tltl~n.._ •'Sp D. pk'y, .,,~~~ of ~~~~.. GRANTEE: CITY OF MERIDIAN ~1 ~~ ~~ ~>~ ~t ~~1 NO'~ARY PUBLIC FOR IDAHO Residing at _~[~_~, ~,~ _ ~ t~ Commission Expire : "~ ~ ~-, ~ ~~~. I Water Main Easement easmt wtr main 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement easmt wtr main ~'a- ='I THE LAND GBOIIP. [NC July 3, 2007 Project No. 06333 EXHIDIT "A" Legal Description Idaho Pulmonary City of Meridian Water Easement 389 Square Feet • An easement for the purpose of construction, acxess and maintenance of water facilities being situated in a portion of Lot 3, Block l of Valencia Plaza Subdivision situated in a portion of the Northeast One Quarter of the Northwest One Quarter of Section 20, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a brace cap monumenting the North One Quarter Corner of said Section 20, which bears South 89°52' 19" East a distance of 2,656.36 feet from a brass cap monumenting the Northwest comer of said section 20, thence following the easterly line of said Northwest One Quarter, South 00°24' 16" West a distance of 443.00 feet to a poi on the southerly right-of-way line of East Gala Street Thence leaving said easterly line and followiag said's~utherly right-of-way line, North 89°52' 19" West a distance of 274.26 fl`et to a point; Thence leaving mid southerly right-of-way line, South 00°00'00" East a distance of 143.74 feet to a point; Thence North 90°00'00" East a distance of 49.93 fcet to a point; Thence South 45°08'40" West a distance of 54.48 feet to a point; Thence South 44°51'20" East a dista~e of 36.09 feet to the POINT OF BEGINNING. Thence Nord 45°08'40" East a distance of 10.00 feet to a point; Thence North 44°51'20" West a distance of 12.23 feet to a point; Thence North 45°00'00" East a distance of 11.66 feet to a point; Thence South 44°51'ZO" East a distance of 22.17 feet to a point; Thence South 45°08'40" West a distance of 24.85 feet to a point; Thence North 44°51'20" West a distance of 9.91 feet to a point; Thence North 4S°08'4(f" East a distance of 3.19 feet to the POIIVI' OF BEt3INNING. .Site PIQUniitq • Ioitr/rurpe.~rlNtecrnro ~ CieilEggiirserTxg ~ Go/f'Coarse Imigatiait ~~' Engineering ~ Graplm Coiv~unlvlioa ~ Sxrr~ia3 X52 E. Shove Drive, Ste. IOD, Eagle. Idaho 836[6 ~ P 208.939.0-{I F 208.939.-W-~S • G:~20061Ob333\.~dmin~Leg~is~ 0~2~?~h2oease.doc Pege i of 2 C~ li .... .~ ~~~ ~~ THS LAND GROUP, INC. C~ Said eas~nent contains 389 square feet more or less, subject to all existing easements and rights-0f--way. Attached hereto is Exhibit "B" and by this reference is made a part hereof. Prepared By: The Land Group, Inc. 462 E. Shore Drive, Suite 100 Eagle, Idaho 83616 2os-939-4oai 208-939-4445 {FA?C} f Sue Plrrnniu3 ~ Isr~dr«pe.4rcbitsctmr ~ Crril Engirraerigg ~ Golf Canrse Lriqu~iou ~~' Enginsrrins ~ t:~pbi~ ~0/NDIkHleOllOq ~ SItH~yidg X62 E. 5hoce Drive, Ste. 100, Eagle, Idaho 83G1G ~ P 206.939.~Od1 F Z(18.939.~i~•l5 ~ G:~200G\06333 ~dmin~1.ega1s~0725071i2oease.cioc Page 2 of 2 C~ SITUATED IN A PORTION OF THE NE1/4 OF THE NW1/4 OF SECTION 20. TOWNSHIP 3 NORTH, RANt~E 1 EAST. B.M.. CITY OF MERIDIAN. ADA COUNTY, IDAHO NN COlttmt SECIIQI 26 ~s t7~ 1~ g'~ ~ O`BRLAIYD ROAD N t ~ calN~e~'~. ~ ~8 I -- -- -- -- ------) ,... _ _ ~ ~ _ _ F. vA~A sTR~T _ _ _ ~ _ ~~ ~ / aor I ~'"`-'`" v vui r`„ 1 1 ~ I ~-- I 1 I ~ i~ r ~ 1 1 I 1 I I I i I I 1 LO? S, LOT 1, 1 I I BLOCK 1 BLOCK 1 I BLOCK 1 1 ~ I ~ I ~ 1 1 1 1 I I I I 1 1 ter- ---~ ~------- ~ 1 __ ~ i ~ ~516n6'101M 64.16' ~ ~ '"' " - - ~ ~ 344'b1'~'E J6.Q9' I ^ 1 ` ~i~ ~ \ ` ~ I BLOCK 1 ~ I C~'~ ' ~ ~ ~ ~ ~ L7 ` '~ ~ EA~1~ 1ffRBiAN 1 ~~ ~ ~ LOT 3, I i RT.f1f'K 1 ~.o~o X12459 a ? ,~ ~,~ ~ -ara ~ d Og ~~ ~~~ ,a,Wr ~ ur ---- ~ioru~ L• 91- - ie ~ -----pus ,~..p3.0 ---------- oe~iewoioirut 'TFIB ~,~ , CITY OF MERIDIAN WATER EASEMENT IDAHO PULMANARY 7-2-2fl0T PROJECT N0.08399 1 OF 1 1I ~INEER/8i1RVEYOR ~ PROJECT INFORIUTATION SCALE 1'^40' r~ ~J April 11, 2008 MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT ITEM NO. S-N REQUEST Sanitary Sewer and Water Main Easement Agreement for Paramount Commercial by Ustick Marketplace, LLC 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: V Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cify of Meridian. COMMENTS See attached '~ .~ i ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .QO I BOISE IDAHO 04124108 03:13 PIN DEPUTY Bonnie OberbUlig III I~IIII~IIIIIIIIII~)~VIIIIIII II III RECORDED-REQUEST OF I Merldlon City i 0804533 ~- - ._.. SANITARY SEWER AND WATER MAIN EASEMENT THIS IlVDENTURE, made this ~ day of ~ , 2~ between ~ ~j(,1,~~~'(- parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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 operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXhIIBITS A a~xd B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the saad Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. I~owever, Grantee shall not be responsible for repairing, replacing or restoring anythiing placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT SW {4).doc ~"~.1~. .L i • 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-af--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfiilly 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 yeaz first herein abave written. GRANTOR: f,~y~~~/?7io~i~~~~'<, LAC ,~ itle ~~( ,s7Lr..rd.•s~ 8~: Secretary STATE OF IDAHO ) ss County of Ada ) On this U ~ day of ~r~ / 20 d before me the dersigned, a Notary Public in and for said State, personally appeared a~~ ~ ' - ~ ~ and known or identified to me to be the ~ and Secretary, respectively, of the corporation that executed the withiun instrument, and acknowledged to me that such corporation executed the same. TN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. /--1 , ,~,Jti~P piNp~~~ ~~ OgA~Y N T Y PYJ' LIE R IDAHO ~ ~, Residing at: ~ ~ ~-~' '~ ~ Commission Expires: MU~~'G a~ Sanitary Sewer EASMT SW (4).doc ~~~~ • • GII2.AAN'TEE: CITY OF MERIDIAN Tammy de Weerd, ayor `,~~•~`~~'~ ~~~''~.,~~~ ~rF a AL - Attest by aycee Holman, City C~erk ~ r ~ ! A ~~ , ~ ti Appro~red By City Council On: -irn ~~tit~ STATE OF IDAHO, ) ss. County of Ada ) On this~~day ofd r~ 200', before zne, the undersigned, a Notary Public in and for said State, person~.lly appeared Tammy de Weerd and Jaycee Holman, Irnown 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 WXTN'ESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above wzitten. ~~+ ~ ~~~i ~ :"~ •~ (SEAL) e ~~%' S~'~ ~,~•~'~" : NOTARY P LIC FOR IDAHO +~ ~ Residing at: Commission Expires: ~~}-~(-( ~ • `. i Sanitary Sewer and Water Main Easement - EASMT SW (4).doc Ps~ae~ of ll1 ,r ~ ~ E~IIBIT A SAN/TAl~Y SEWE'f~' ~ WATLR L~4~EMENT A PART OF THE SW ?/4 SW 1/4, SECTION 25, T. 4 N., R. 1 W., B.M. ' MERIDIAN, ADA COUNTY, IDAHO se~t/z5 w car. 200$ itieglble r ~v~ 4.47' 4.47' ~ a J _Li6__1~ --~ ----..__-.___U4- ------_-------- ~ - y I l~ i v ~- -I I I t~ ~ j II ~~~ I ~ i Col i i I ~j ~ ~° ~ ~ ~ EASEMENT I ,W~ ~ ~i ;24,444 sq. ft. ~l ~, , I N~ I I p I I zl L17 ~ ti8 ! w I ~ - ~ L10 I I.op ~ fan ~-_~~~- i i) I of '~~ _ __ -_~_L12J -4 _ SW Cor. Sec. _2_5 ~ N89~4'33°W PELS 3260 ---~-,.-~_--N89~4'~3aW------'----8704r--- --------- -~- CP&F Inst. W. McMillan Road 2011.35' No. 103178913 LEQEMCi ~ Cplculoted point {~ Found Brass cap monument ® Set 5/8°x 30° iron pin w/plastic cap PLS 9366 Found 5/8° Iron pin ~ Set 1/2°x 24° iron ptn w/plastic cap PL5 9366 - - Boundary line Lot Line --- Seotion Ilne ---`~----- Easements .. LINE TA BLE LINE LENGTH BEARING Li 35.00 NOD2 ' °E L2 17.00 Sgg~b' .E L3 13.70 "E 44 28.88 Sgg '04•E Lb 13.70 500'24' ° . L8 432.04 3g•O4' L7 188.41 4'g8•yy L8 13.79 Le 24.00 500'24'56 L10 13.79 N89'35'04°W Ltt ~i.n soa'~a' • L12 38.87 '24' L13 240.68 N0024' e'E L14 388.41 N68 35'04"W L1b 5.80 500~4'S8 L98 89.00 N •35' °yy U7 38.00 8' '04"E S 1/4 Cor. Sec. 25 PL5 8575 CP&F Inst. No. 1031789th ~PBI~Ai0YA1t d'O~/fUfl9Jl~BI $OYffiW~>t X1117. 1Y0.7 ~ANRAA1r~15VYE7i d~ WAT6~i FJbB' aeon F~ ~a ~an~'el u~ :~~~cm~~-e~ ~~rr~~~ ,~ N0. .tl1~f00 DN4 NQ ~# EXHIBIT ~ ~~~~ ~ Professional E.rtgineers, Lend Surveyors and Planners • ..~~ ~~C~' l~ 314 Badiola St. Caldwell, ID 83605 Ph (208) 454-0255 Fax (208) 454-0979 e-mail: dlioizltey c[~,`msen~us FOR: Brighton Corporation JOB NO.: JN0106 DATE: March 6, 2008 SANITARY SEWER & WATER EASBMENT An easement being a portion of the SW1/4 SWl/4 of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada. County, Idaho, more particularly described as follows: Commencing at the southwest comer of said SWl/4 SWl/4, said corner lying N 89° 24' 33" W a distance of2681.80 feet from the southeast corner of the SWl/4; Thence N 00° 24' S6" E a distance of91.88 feet along the west boundary of said SW1/4 S'W1/4 to a point; Thence S 89° 35' 04" E a distance of 38.00 feet perpendicular to said west boundary to a point on the easterly right of way of N. Linder Road; Thence N 00° 24' S6" E a distance of 176.72 feet along said easterly right of way to the POINT OF BEGINNING of said easement; Thence N 00° 24' S6" E a distance of 35.00 feet to a point; Thence S 89° 35`04" E a distance of 17.00 feet to a point; Thence N 00° 24' S6" E a distance of 13.70 feet to a point; Thence S 89° 35' 04" E a distance of 26.95 feet to a point; Thence S 00° 24' S6" W a distance of 13.70 feet to a point; Thence S 89° 35' 04" E a distance of $32.04 feet to a point; Thence S 00° 24` 56" W a distance of 198.41 feet to a point; Thence S 89° 35' 04" E a distance of 13.79 feet to a point; Mnsos & srnr~r u, uvc. Scn¢v~oas, E~vonv~s ~ Pcs Page 1 of 2 Thence S 00° 24' S6" ~V a distance of 20.00 feet to a point; Thence N 89° 35' 04" W a distance of 13.79 feet to a point; Thence S 00° 24' S6" W a distance of 51.77 feet to a point; Thence N ~9° 24' 33" W a distance of 38:97 feet to a point; Thence N 00° 24' SS" E a distance of 240.56 feet to a point; Thence N ~9° 35' 04" W a distance of 358.01 feet to a point; Thence S 00° 24' SS" W a distance of 5.50 feet to a point; Thence N 89° 35' 04" W a distance of 69.00 fit to the POINT OF EEGINNING of said easement; This easement contains 24,444 square feet more or less. Also, this easement is subject to all easements and rights-of--way of record or implied. MasoN & sTAIV~LD, INC. Suxc~sro~ Excnvsr~s& P~amv~trs Page 2 of 2 Page ~ ~~ ._ U City of Meridian Public Works Depf. Memo To: Mayor De Weerd & City Council From: Karie Glenn CC: File Date: M'10/2008 Re. Proposed Agenda Items for 4!15/08 City Council Meeting RE~'EI~~b APR ~ ~ ~~p~ Oily ®f ~era~a~ City Clerk Circe The Public Works Department respectfully requests that the following items be placed on the 4/15/08 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Paramount Commercial by Ustick Marketplace LLC. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Paramount Commercial by Ustick Marketplace LLC and authorize the Mayor to sign and City Clerk to attest 2) Sanitary Sewer and Water Main Easement for Devon Park #3 by Fairview Lakes LLC. Typical Sanitary Sewer and Water Main Easement. Recommended Council Acdon: Approve the Sanitary Sewer and Water Main Easement for Devon Park #3 by Fairview Lakes LLC and authorize the Mayor to sign and City Clerk to attest. • Page 1 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day of , 20 between E,~,'S,t j(`r~ t~~l!J~~ f f}~c;Lt~-e L ~~' parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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 operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A acrd B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their, allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT SW (4),doc • THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any p®rmanent 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 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 goad 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: ~~~~/?~/~~~~1/CCi GGC ~is~i ~ ~.' ~ ~ LCC .~s ,,~„~,,l.ri 8~- Ali itle ids ,~~,f •,~' t Secretary STATE OF IDAHO ) ss County of Ada ) On this (~ - day of 7ri ( , 20 d , before me the ndersigned, a Notary Public in and for said State, personally appeared ~~~ ~ • ~~ and known or identified to me to be the ~ and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~1 , ;'~~SP e1N~~8R J ~. ~ .• OVARY '~ >rvi-4~ ,~ N~TARY PU~LIE~ Residing at: D1 Commission Expires: ~ IDEAHO ~,G Sanitary Sewer aii~l~t~;~~~nt EASMT SW (4).doc • GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Mayor Attest by 3aycee Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) } ss. County of Ada ) • On this day of , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Conunission Expires: Sanitary Sewer and Water Main Easement ~ EASMT SW (4).doc • EXHIBIT A SANITARY SEWER S WATER EASEMENT A PART OF THE SW 1/4 SW 1/4, SECTION 25, T. 4 N., R. 1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO s 1/is w ca.. 2008 ® Sec. 25 h IUeglble L4 ~ 4.47• ----- 4.4T t2r~ 1J -- ~-- i ---- ------------- Ls -------- ---- I o r. -- --~-- -- - -- - - -- --~ 0 ~ `~ L14 ~ I ~ --L16__ J~ ------------- - --~ i I ------- ------------- ~ v I #~ i I I I I 1 ~ 1~ Z I ti ~ I JI I 1 I I o ~ ~ ; EASEMENT I ,~, N ~i ;24,444 sq. ft. ~I II ~t I ~ I ryi I I t $I t17 I ~& I ~J \ ~ ~L10 I I'ap ~ I ^_I I c0 ~ - - ~.~~ - I ~f o: ~-. - - - - - ---I-L12~ - - - - SW Cor. Sec. 25 ~ N89~4'33°W ---- --------- PELS 3260 N8924'33 W 670.45' CP&F Inst. W. McMtllan Road 2011.35' nr., in3t~ROt~ LEGIEND p Calculated point Found Brass cap monument ~} Set 5/8°x 30" iron pin w/plastic cap PLS 9366 © Found 5/8" iron pin ~ Set 1/Z°x 24° Iron pln w/plastic cop PL5 9365 - - Boundory line Lot tine - - ' - -- Section J/ne ----"----- Easements LINE TA BLE LINE LENGTH BEARING L1 35.00 24' 'E L2 17.00 L3 13.70 00 ' L4 26.95 8'35' `E L5 13.70 500'24' `W L8 432.04 L7 188.41 4' "W L8 13.79 9'35' 'E L9 20.00 S ' 4'56"W L10 13.79 N8 '35'04 L11 51.77 '2 ' 6`W L12 38.97 N '24' ° L13 240.56 2 ' L14 368.01 N 9'35'0 `W L15 5.50 ' 4'56' L76 68.00 N '04` L17 38.00 $ S t/4 Cor. Sec. 25 PLS 8575 CP&F Inst. No. 103178916 EXHIBIT B ~.5~~ ~ Professional Engineers, Land Surveyors and Planners '+ ~ ~ ~ 314 Badiola St. Caldwell, ID 83605 ~~ ~ ~' ~~~ f nz. Ph (208) 454-0256 Fax {208} 454-0979 e-mail: dholzhey(amsen~.us I;OR: Brighton Corporation JOB NO.: JN0106 DATE: March 6, 2008 SANTTARY SEWER & WATER EASEMENT An easement being a portion of the SWl/4 SWl/4 of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more pazticulazly described as follows: Commencing at the southwest corner ofsaid SWl/4 SWl/4, said corner lying N 89° 24' 33" W a distance of 2681.80 feet from the southeast corner of the SWl/4; Thence N 00° 24' S6" E a distance of 91.88 feet along the west boundary of said SWl/4 SWl/4 to a point; Thence S 89° 35' 04" E a distance of 38.00 feet perpendicular to said west boundary to a point on the easterly right of way of N. Linder Road; Thence N 00° 24' S6" E a distance of 176.72 feet along said easterly right of way to the POINT OF BEGINNING of said easement; Thence N 00° 24' S6" E a distance of 35.00 feet to a point; Thence S 89° 35' 04" E a distance of 17.00 feet to a point; Thence N 00° 24' S6" E a distance of 13.70 feet to a point; Thence S 89° 35' 04" E a distance of 26.95 feet to a point; Thence S 00° 24' S6" W a distance of 13.70 feet to a point; Thence S 89° 35' 04" E a distance of 432.04 feet to a point; Thence S 00° 24' Sb" W a distance of 198.41 feet to a point; Thence S 89° 35' 04" E a distance of 13.79 feet to a point; MasoN & Sran~n;Ln, inc. SURVEPORS, E1vQINEERS & PIANNFJPS Page 1 of 2 • Thence S 00° 24' S6" W a distance of 20.00 feet to a point; Thence N 89° 35' 04" W a distance of 13.79 feet to a point; Thence S 00° 24' S6" W a distance of 51.77 feet to a point; Thence N $9° 24' 33" W a distance of 38:97 feet to a point; Thence N 00° 24' S6" E a distance of 240.56 feet to a point; Thence N 89° 35' 04" W a distance of 368.01 feet to a point; Thence S 00° 24' S6" W a distance of 5.50 feet to a point; Thence N 89° 35' 04" W a distance of 69.00 feet to the POINT OF BEGINNING of said easement; 'This easement contains 24,444 square feet more or less. Also, this easement is subject to all easements and rights-of--way of record or implied. MASON & STANFIELD~ INC. SURVEYORS, ElYClNEERS & PlAlVNlsRS Page 2 of 2 • April 11, 2008 ~J MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT ITEM NO. S-O REQUEST Sanitary Sewer and Water Main Easement Agreement for Pinebridge by DMB Investments, LLC 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: COMMENTS See attached Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. .~~ Y • • ADA COUNTY RECORDER d. DAVID NAVARRO AMOUNT ,00 E BOISE IDAHO 04124108 03:13 PM I DEPUTY Bannie Ober6ii0g III I"`III,II'III'~f II~I,I"I~II II ~II RECORDED-RE4UES1' Of 1EIS948~~~ Median Citq SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this , day of~e~, 20~between DMB Investments, LLC, the party of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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 operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maiuntenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and Water Main Easement easmt.s&w main.doc ,- - ' • • any permanent structures, trees, brush, or perennial shrubs or flowers within the azea described for this easement, which would interfere with the use of said easement, far 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 afs or lie within the boundaries of any public street, then, to such extent, such right~f--way and easement hereby granted which lies within such boundary thereof or which is a part thereon shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfiilly 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 wan~ant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. 1N WIT'NESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and yeaz first herein above written. GRANTOR: T- 4~I "'~'_~ DMB Investments, LLC. Dennis M. Baker, Member STATE OF IDAHO ) ~) ss County of Ada ) On this day of ~/Id~/j , 20,E before me, the undersigned, a Notary Public in and for said State, personally appeazed Dennis Baker, known or identified to me to be a member DMB Investments, LLC, and he executed the within inshvnnent, and acknowledged to me that such company executed the same. u.u. IN WITIYb'~~p~~~, I have here hand and~ed3gy'%1 seal the day and ve.~ fi3~_ ~5+.,, i//i a ,~,QTq,R,~. o • * o 'm'*~ ~ '~ ~ NOTARY 00 ~° U B LAG `` Residing at:_ ~'>, ~~ s°~ O +°~ Commission ~~~ ,9 °pooeoo®°° ~, ve'~ w/~•A*'1 ~b. l ~.r' Ae1 ~~ • ~L~ GRANTEE: Sanitary Sewer and water Main Easement easmts&w main.doc Paao,~ A~.~ • tttHifttlllll!''/,/ ~~i i~ Tammy de Weerd, yor -~` ~~~~~ ~~• w `"' ~. r ~ .. ~ 1 .~i~ ~ (~ _ ~ 1 g~AL Attest by J~lcee Holman, City Approved By City Council Om: tt-,~~ fttN STATE OF IDAHO, ) . ss. County of Ada ) :7 on this t5'~ day of ~pr~ 1 , ZOQ~ 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 tha same. IN WITNESS WI~REOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •' 1Vi• G~''. ~ h. ~I (SEAL) :~~; ' oT`~~ •'•;~•; NOTARY 1JBLIC FOR IDAHO ~ ,~- . ;~ : Residing at• :~ Commission Expires• t ', r • ~~ OF ,~•• Sanitary sewer and water Main Easement easmt.s&w main.tioc p~e~~ EXHIBIT "A" DESCRIPTION FOR CITY OF MERIDIAN WATER EASEMENT, FOR DBM INVESTMENT L.L.C. March 26, 2008 CITY OF MERIDIAN WATER LINE EASEMENTS BEING PORTIONS OF THE SOUTHEAST 1/ 4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LINE "A" COMMENCING AT THE NORTHEAST CORNER OF SECTION 8, T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO;. THENCE S 16°46'32" W 2814.81 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF PROPOSED PINE STREET, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°20'57" E 58.00 FEET TO A POINT; THENCE S 89°39'03" W 20.00 FEET TO A POINT; THENCE N 00°20'57" W 58.00 FEET TO A POINT; THENCE N 89°39'03" E 20.00 FEET TO THE REAL POINT OF BEGINNING OF TWIS DESCRIPTION; LINE "B" COMMENCING AT THE NORTHEAST CORNER OF SECTION 8, T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO; THENCE S 08°35'41" W 2734.52 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF PROPOSED PINE STREET, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°20'57» E 60.75 FEET TO A POINT; THENCE S 89°39'03" W 20.00 FEET TO A POINT; THENCE N 00°20'57" W 60.75 FEET TO A POINT; THENCE N $9°39'03" E 20.00 FEET TO THE REAL POINT OF THIS DESCRIPTION; N .]L `]C LINE TABLE LINE LENGTH BEARING L-1 58.00' S 00'20' 7° E L-2 20.00' S 89'39'03° W L-3 58.00' N 00' 0' 7" L-4 20.00' N 89'39'03" E L-5 60.75' S 00'20'57" E L-6 20.00 5$9'39'03` W L-7 6D.75' N 00'20'57" W L-8 2D.00' N 89'39'03" E PINE AVE. L-3II'L-1 tlL'-~ EXHIEIT "B" FAIRVIEW AVE. 5 ~ 4 5 89'57'11" W 2644.02' $~ 1 / io / ~ M N / ~ N 'n b / N / / ~ ~ a~~ ~/ ti~~~ ~ / ~ ~ N/ c ~~j ~/ ~~~ ~, / :~/ / o ~ ~/ / / ~/ - L-8 - '`BEGINNING POINT OF LINE "A" L-' ~~ ~-5 U AREA FOR LINE "A" 1,160 SQ.FT. CITY OF MERIDIAN WATER EASEMENT FOR DBM INVESTMENTS L.L.C. BEING A PORTIONS OF THE SE 1/4 OF SECTION 8, T_3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO DWG NAME: DWG DATE: DWG N0. SCALE: WTR-EXHIBITS 03/26/08 1 OF 1 NTS AREA FOR LINE "B" 1,215 SQ.FT. BEGINNING POINT OF LINE "B" Stanley Consultants ~N~. 2264 S. BONITO WAY, SUITE 150 MERIDIAN, IDAHO, 83642 JOB N0. DRAWN BY: 20692 r.CMG ~ Q 0 r~ V r~ W Memo To: Mayor De Weerd 8~ City Council From: Karie Glenn CC: File Date: 4/1 /2008 • City of Meridian Public Works Dept. City ®fTVl~ex7~~ Caty Clem ®i~ce Re: Proposed Agenda Items for April 8, 2008 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the April 8, 2008 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Pinebridge by DMB Investments LLC. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Pinebridge by DMB Investments LLC and authorize the Mayor to sign and City Clerk to attest Thank you for your consideration. • Page 1 ~1 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day of/11¢ ~. 20~between DMB Investments, LLC, the party of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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 operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and Water Main Easement easmt.s&w main.doc • 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 ages with the Grantee that should any part of the right-of--way and easement hereby ganted shall become part oi; or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby ganted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: DMB Investments, LLC. Dennis M. Baker, Member STATE OF IDAHO ) ss County of Ada ) On this l~~ day of ,~1~Qi"~r/j , 20Q~ before me, the undersigned, a Notary Public in and for said State, personally appeared Dennis Baker, known or identified to me to be a member DMB Investments, LLC, and he executed the within instrument, and acknowledged to me that such company executed the same. c uua ~ . IN WITI~B ~ I have here hand and a ed y o 1 seal the day a ,~ and y~~l~ ~ iP. ~c $ ° & ~~ ~! o '~' : NOTARY O IDAHO ~~ AU E L"='' ~' Residing at: .A!! 'o~ J?.`~~~ 4'. O ~q"~ Commission Exp' es:,/~-~ - ~ GRANTEE: CIT`'~~?~II~IAN Sanitary Sewer and Water Main Easement easmt.s&w main.doc Tammy de Weerd, Mayor Attest by Jaycee Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) ~J 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Sanitary Sewer and Water Main Easement easmt.s&w main.doc • EXHIBIT "A" DESCRIPTION FOR CITY OF MERIDIAN WATER EASEMENT, FOR DBM INVESTMENT L.L.C. March 26, 2008 CITY OF MERIDIAN WATER LINE EASEMENTS BEING PORTIONS OF THE SOUTHEAST 1/ 4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LINE "A" COMMENCING AT THE NORTHEAST CORNER OF SECTION 8, T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO; THENCE S 16°46'32" W 2814.81 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF PROPOSED PINE STREET, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°20'57" E 58.00 FEET TO A POINT; THENCE S 89°39'03" W 20.00 FEET TO A POINT; THENCE N 00°20'57" W 58.00 FEET TO A POINT; THENCE N 89°39'03" E 20.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; LINE "B" COMMENCING AT THE NORTHEAST CORNER OF SECTION 8, T.3N., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO; THENCE S 08°35'41" W 2734.52 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF PROPOSED PINE STREET, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°20'57" E 60.75 FEET TO A POINT; THENCE S 89°39'03" W 20.00 FEET TO A POINT; THENCE N 00°20'57" W 60.75 FEET TO A POINT; THENCE N 89°39'03" E 20.00 FEET TO THE REAL POINT OF BE THIS DESCRIPTION; ~ EXHIBIT "B" N J REVISIONS: LINE TABLE LINE LENGTH BEARING E-I 58.DD' S 00'20'57" E L-2 2D.00' S 89'39'03" W ~-3 58.00' N 00'20':7" W L-4 20.OD' N 8979'03" E L-5 E0.75' S 00'20'57" E '--6 20.00' S 8939'C3' W '~-7 60.75' N 00'20'57" W ''--8 20.00' N 89'39'03" E FAIRVIEW AVE. rJ ~ 4 _ S 89'57'17" W 2644.02' _ 8 9 -~~ °' d M N A'~ 3 ~ -~"' W ~' N '^ i o ~ o w :' ~, / / ~ . % / ~~~ ~~ ~~ ~ ~ ~ Nr . / ^~j _~/ ~~ d' ^~ h ~% ~~ / Oi / ~ I / , / j i / / / i / / - --- ~ , PINE AVE. L- `~ / - -` L-e ~~~ t CITY OF MERIDIAN WATER EASEMENT FOR DBM INVESTMENTS L.L.C. BEING A PORTIONS OF THE SE 1/4 OF SECTION 8, T.3N., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO L-3~~IL-1 u L-2 AREA FOR LINE "A" 1,160 SQ.FT. BEGINNING POINT ' OF LINE "A" L-~~ ~`-5 BEGINNING POINT U OF LINE "B" AREA FOR LINE "B" 1,215 SQ.FT. Stanley Consultants INS. 2264 S. BONITO WA`., SUI?f '5li MERIDIAN, IDAHO, i;3ti42 JOB N0. DRAWN BY- 20692 CMG DWG NAME: DWG DATE. DWG N0. SCALE: WTR-EXHIBITS 03/26/08 1 OF 1 NTS U April 11, 2008 \J MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT ITEM NO. S-P REQUEST Sanitary Sewer and Water Main Easement Agreement for Devon Park No. 3 by Fairview Lakes, LLC AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached ~ ~ ~ • ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 r BOISE IQAHO 04/24108 03:13 PII~ DEPUTY 8onele Oberbitfla III Illlllllllllllllllllllilillll II III RECORDED-RE4UES'i OF 1~EZEi~F~23~# Meridian Ciiy SAlyITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this~d day of ~~ 20Q~between~Qafrit,+n ~29 L~C the parties of the first part, anal hereinafter called the Grantors, and tine City of Meridian, Ada County, Idaho, the patty of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary. sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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 operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement easmt.s&w main P9~-... ~...ro~ • • 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 Crrantee that should any part of the right-of-way and easement hereby granted shall become gart 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 zelinquished. 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. L ~l~1iLdlE~ ~i ~' STATE OF IDAHO ) ss County of Ada ) On this ~ day of ~aaaS'~_. 20_4 before me, the undersigned, a Notary Public in and for said State, personally appeared ~A~' L[! ..~~~ ~.._.~and known or identified to me to be the ~~~~~ of the that executed the within in %n~ and acknowledged to me that such executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my oi~icial seal the day and year fist above written. ... ~.~ N TARY PUBLIC FOR IDAHO Residing at: ~~~-r,,,,~ --- Commission Expires: •~/- !~ Sanitary Sewer and Water Main Easement t.s&w mom GLCNDA HILDEBttANDT [Marc Puhlic State of Idah~r ~~ GRANTEE; CITY OF MERIDIAN Tammy de Weerd, ~~~~±,~ii~ i,tr,rrr~ j ~r'~+ i, ~ i~~y ._ O z ~~r~ Attest by aycee Holman, City Clerk , 7~ r t~ ,'` i,'''r'''(' r Approved By City Council On: ~~~~ ~~~ STATE OF IDAHO, ) . ss. County of Ada ) CC On this~~ day of ~ 20~~ before me, the undersigned, a Natary Public in and for said State, person ly appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the~day and year first above written. ~~~~~~• • J (SEAT,) ;~iS,; '` O~T~p~;'~'~ NOTARY PUBLIC FOR IDAHO • : Residin at• • ~ . ' ~ • Commission Expires• ~-( ~-~ ~ i ~ • ` ~ • ~''~.~s+•i• Sanitary Sewer and Water Main Easement easmt.s&w main ~~ ,~ ~BB~~__, d~.C~... • K~STR~L LAND 5(.IRV~.YING EXHIBIT A Legal description for Doug Tamura Devon Park No. 3 Subdivision Boundary A re-subdivision of lot 3, block 1 of Devon Park Subdivision No. 2, recorded in Book 91, at Page 10854 and a portion of lot 2, block 1 of Devon Park Subdivision No.1, recorded in Book 89, at 'Page 10355, located in a portion of the Southwest quarter of the Southeast quarter of Section 6, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section Comer common to Sections 5, 6, 7 and 8, Township 3 North, Range 1 East, B.M.; thence along the South line of said Section 6, North 89°28'06" West a distance of 2641.06 feet to a brass cap at the quarter comer common to Sections 6 and 7; thence leaving said South line, North 00°20'01" East a distance of 522.39 feet, to the Real Point of Beginning; . thence North 00°20'01" East a distance of 453.74 feet to a point; thence South 90°00'00" East a distance of 317.11 feet to a point on the existing Westerly right-of-way line of N. Lakes place; thence South 00°00'00" West 268.05 feet along said extension to a point of curve; thence along a curve to the right an arc distance of 18.86 feet, said curve having a radius of 20.00 feet, a central angle of 54°01'13°, and a chord bearing South 27°00'36° West a chord distance of 18.16 feet to a point of reverse curvature along said extension of the Westerly right-of-way line of North Lakes Place; thence along a curve to the left an arc distance of 113.14 feet ,said curve having a radius of 60.00 feet, a central angle of 108°02'26", and a chord bearing South 00°00'00" East a chord distance.of 97.11 feet to a point of reverse curvature along said westerly right-of-way line of North Lakes Place; thence along a curve to the right an arc distance of 18.86 feet, said curve having a radius of 20.00 feet, a central angle of 54°01'13A, and a chord bearing South 27°00'36° East a chord distance of 18.17 feet to a point of tangency along said Westerly right-of--way line of North Lakes Place; thence South 00°00'00" East a distance of 56.21 feet; thence leaving said Westerly right- of-way of North Lakes Place, North 90°00'00" West a distance of 319.76 feet to the point of beginning. _~o~lPa- ~1D Said parcel contains 3.26 acres, more or Tess >~ Uv ~ 12 22 3 3/-0 9 0 v,~,~~$ R~p~`~G<4 369 E. Watertower Ln., Ste. A, Meridian, ID 83642 {208) 888-7345 phone - (2Q8) 888-7354 fax Kestrelsurvey. ,~ ~~ ~t ~ ; s ,. ~ s :f Paca~ "`~t' of r~ L devon park 3 sub boundary 3/31/2oQ8 Scale: finch= ~0 feet ~iie: Trail 1:3.25$1 Rcres {141921 Sq. Feet), Closure: n65.1138e 0.01 ft. (1/176254), Perimeter=1566 ft. 01 n00.2001 a 453.74 0$ n90.0000w 319.76 02 s90.0000e 317.11 03 s00A000w 268.05 04 Rt, r-20A0, delta=054.0113, arc=18.88, chord=s27.0036w 18.17 05 Lt, r=60.00, delta=108.0228, arc=113.14, chord=s00.0000e 97.11 Q6 Rt, r=20.00, delta=054.0113, arc=18.88, chord=s27.0036e 18.17 p~~~0~ 07 s00.0000e 58.21 • n LJ K~.ST-R~L LAND SURV~.YING EXHIBIT B Legal description far Doug Tamura For a Sanitary Sewer and Water easement A parcel of land, located in the Southeast Quarter of Section 6, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows, Commencing at a brass cap monument marking the South Quarter comer of said Section 6, thence North 00°20'01" East a distance of 522.39 feet to a 5/8" iron pin; thence South 90°00'00" East a distance of 99.50 feet; thence North 00°20'01A East a distance of 35.74 feet to the POINT OF BEGINNING; Thence North 00°00'00" East a distance of 334.00 feet; Thence North 90°00'00" East a distance of 220.00 feet to a point of the Westerly Right-of-Way line of North Lakes Place; Thence along said Westerly line, South 00°00'00" West a distance of 30.00 feet; Thence leaving said Westerly line, South 90°00'00" West a distance of 190,00 feet; Thence South 00°00'00" West a distance of 144.00 feet; Thence North 90°00'00" East a distance of 190.00 feet to a point of the Westerly Right-of--Way line of North Lakes Place; Thence along said Westerly line, South 00°00'00» West a distance of 10.05 feet to a point of curvature; . Thence continuing along said Westerly line, along a curve to the right, an arc distance of 10.41 feet, said curve having a radius of 20.00 feet, a central angle of 29°49'22", and a chord bearing South 14°54'41" West a chord distance of 10.29 feet; Thence leaving said Westerly line, South 90°00'00" West a distance of 187.35 feet; Thence South 00°00'00° West a distance of 140.00 feet; Thence South 90°00'00" West a distance of 30.00 feet, to the point of beginning. Said Easement contains 19,511 square feet or .448 acres, more or less. 369 E. Watertower I.n., Ste. A, Meridian, ID 83642 (208) 888-7345 phone - (208) 888-7354 fax Kestrelsurvey.com Prarr~3 V! -nx..~J...^ • n90°00"OOe 220 pOo m° 190 ~+ s90 ~$ ~ ~ ~ ~ 90°DO"00 0 n 8 t 187.36 ~ s 0 "OOw 0 v°° oNp~ ~~s g5~ p1sT ~9 44 ~ F G Q ~ Q ~~ ~~ 12 22 ~° 30 s90 00"QOw ~ ~~'OV ~~ ~- ~T,~ ~~ G~i ~, pF ~ LC'S R pQ- Utilility Easement ~ 3!19/2008 Scale: finch= 50 feet File: Tract 1:0.4479 Acres (19511 Sq. Feet), Closure: n00.00D0e 0.00 ft. (11384067), Perimeter=7486 ft. 01 n00.0000e 334 10 s00.00DOw 140 02 n90.0000e 220 11 s90.0000w 30 03 s00.0000w 30 04 s90.0000w 190 05 s00.0000w 144 08 n90.0000e 190 07 s00.0000w 10.05 chard=s14.5441w 10.29 r=20 delta=029 4922 arc=10 41 08 Rt 00 r ~- ~ , . , . . , , ~ ~..._,~ L City of Meridian Public Works Dept Memo To: Mayor De Weerd & City Council Frv~m: Karie Glenn CC: File Date: 4/10/2008 Re: Proposed Agenda Items for 4/15/08 City Council Meeting ~~~~~ tJii;~ ~~f ir~i~Y°~~a~~ ~°zt~ ~fe~l~ ®~~ The Public Works Department respectfully requests that the following items be placed on the 4/15/08 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Sanitary Sewer and Water Main Easement for Paramount Commercial by Ustick Marketplace LLC. Typical Sanitary Sewer and Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Paramount Commercial by Ustick Marketplace LLC and authorize the Mayor to sign and City Clerk to attest. ®2 Sanitary Sewer and Water Main Easement for Devon Park #3 by Fairview Lakes LLC. Typical Sanitary Sewer artd Water Main Easement. Recommended Council Action: Approve the Sanitary Sewer and Water Main Easement for Devon Park #3 by Fairview Lakes LLC and authorize the Mayor to sign and City Clerk to attest. • Page 1 • SANITARY SEWER AND WATER MAIN EASEMENT E THIS INDENTURE, made this day of ~, 20~between f'C'at'Y.tvti Lc'.~~ `~ t.LC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary. sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee theright-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement easmt.s&w main • 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 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. L.1r,~S, [l.~ STATE OF IDAHO ss County of Ada } On this ~~ day of ~J~.Q ~, 2Q~ before me, the undersigned, a Notary Public in and for said State, personally appeared t~ E}r l[/. T,rtt~~x1 and kno or identified to me to be the ~~~~~Gs~el• of the that executed the within in rum ,and acknowledged to me that such executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz fist above written. N TARY PUBLIC FOR IDAHO , Residing at: ~~j~ Commission Expires: 3•Z/- /02. Sanitary Sewer and Water Main Easement mt.s&w main GLL•NUA HiLUE13RANDT Natan Puhlic State of Idaho • 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Sanitary Sewer and Water Main Easement easmt.s&w main • KESTREL 1_AND SURVEYING EXHIBIT A Legal description for Doug Tamura Devon Park No. 3 Subdivision Boundary A re-subdivision of lot 3, block 1 of Devon Park Subdivision No. 2, recorded in Book 91, at Page 10854 and a portion of iot 2, block 1 of Devon Park Subdivision No.1, recorded in Book 89, at Page 10355, located in a portion of the Sou#hwest quarter of the Southeast quarter of Section 6, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho, mare particularly described as follows: Commencing at the Section Corner common to Sections 5, 6, 7 and 8, Township 3 North, Range 1 East, B.M.; thence along the South line of said Section 6, North 89°28'06" West a distance of 2641.06 feet to a brass cap at the quarter corner common to Sections 6 and 7; thence leaving said South line, North 00°20'01" East a distance of 522.39 feet, to the Real Point of Beginning; thence North 00°20'01" East a distance of 453.74 feet to a point; thence South 90°00'00" East a distance of 317.11 feet to a point on the existing Westerly right-of-way line of N. Lakes place; thence South 00°00'00" West 268.05 feet along said extension to a point of curve; thence along a curve to the right an arc distance of 18.86 feet, said curve having a radius of 20.00 feet, a central angle of 54°01'13°, and a chord bearing South 27°00'36° West a chord distance of 18.16 feet to a point of reverse curvature along said extension of the Westerly right-of-way line of North Lakes Place; thence along a curve to the left an arc distance of 113.14 feet ,said curve having a radius of 60.00 feet, a central angle of 108°02'26°, and a chord bearing South 00°00'00° East a chord distance,of 97.11 feet to a point of reverse curvature along said westerly right-of-way line of North Lakes Place; thence along a curve to the right an arc distance of 18.86 feet, said curve having a radius of 20.00 feet, a central angle of 54°01'13", and a chord bearing South 27°00'36" East a chord distance of 18.17 feet to a point of tangency along said Westerly right-of--way line of North Lakes Place; thence South 00°00'00" East a distance of 56.21 feet; thence leaving said Westerly i-ight- of-way of North Lakes Place, North 90°00'00" West a distance of 319.76 feet to the point of beginning. Np,L ~~ Said parcel contains 3.26 acres, more or less oySQ~~~sT Fp9~ d ~ 12 22 N~33!-o8p vy~FS AFpaaG~ti 36~ E. Watertower Ln., Ste. A, Meridian, ID 83642 (208)858-7345 phone - (208) 888-7354 fax Kestreisurvev. . r ...-. s9o°oo~ooe 317.11 g o o ~ N ~ N m O ~ O N N O ~ C P n M 11 R m O N ~ t0 0 N 319.76 nso° o'o ~NAL LAlyps S~ ~~5 1ST FG9G Q ~ a ~ 1 722 7° N~ y_Z a~ O ~ ~ F ~~G v9~F3 R p devon park 3 sub boundary 3i31i2oo$ Scale: finch= 80 feet File: Tract 1:3.2581 Acres (141921 Sq. Feet), Closure: n65.1138e 0.01 ft. (1/176254), Perimeter=1566 ft. 01 n00.2001 a 453.74 08 n90.0000w 319.76 02 s90.0000e 317.11 03 s00.0000w 268.05 04 Rt, r--20.00, delta=054.0113, arc=18.$6, chord=s27.0036w 18.17 05 Lt, r=60.00, delta=108.0226, arc=113.14, chord=s00.0000e 97.11 Ofi Rt, r--20.00, delta=054.0113, arc=18.86, chord=s27.0036e 18.17 07 soa.0000e 66.21 • kESTRE~ ~faNn SURVEYING EXHIBIT B Legal description for Doug Tamura For a Sanitary Sewer and Water easement A parcel of land, located in the Southeast Quarter of Section 6, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly described as follows, Commencing at a brass cap monument marking the South Quarter corner of said Section 6, thence North 00°20'01" East a distance of 522.39 feet to a 518" iron pin; thence South 90°00'00" East a distance of 99.50 feet; thence North 00°20'01" East a distance of 35.74 feet to the POINT OF BEGINNING; Thence North 00°00'00" East a distance of 334.00 feet; Thence North 90°00'00" East a distance of 220.00 feet to a point of the Westerly Right-of-Way line of North Lakes Place; Thence along said Westerly line, South 00°00'00" West a distance of 30.00 feet; Thence leaving said Westerly line, South 90°00'00" West a distance of 190.00 feet; Thence South 00°00'00" West a distance of 144.00 feet; Thence North 90°00'00" East a distance of 190.00 feet to a point of the Westerly Right-of-Way line of North Lakes Place; Thence along said Westerly line, South 00°00'00" West a distance of 10.05 feet to a point of curvature; Thence continuing along said Westerly line, along a curve to the right, an arc distance of 10.41 feet, said curve having a radius of 20.00 feet, a central angle of 29°49'22", and a chord bearing South 14°54'41" West a chord distance of 10.29 feet; Thence leaving said Westerly line, South 90°00'00" West a distance of 187.35 feet; Thence South 00°00'00" West a distance of 140.00 feet; Thence South 90°00'00" West a distance of 30.00 feet, to the point of beginning. Said Easement contains 19,511 square feet or .448 acres, more or less. 369 E. Watertower Ln., Ste. A, Meridian, ID 83642 {208) 888-7345 phone - (208) 888-7354 fax Kestrelsurvey.com ~ ~h _ .r,: _..~~~.. , , . ,, .. _. n90°00"OOe Z20 0 b ~°~ o 0 190 a s90°00"OOw 0 ° O O N ° ~ 0 n90°o0"OOe ' ~ 790 187.35 ~ s90°00"OOw 0 0 °v$ r ° O m Cpl LANp G ~c~S~~p\ST ~ ~ ~ p Q` ~ .c a 12 22 7D 30 590°oo^o0w a~, 3-?3-08 ~O ~ a`~G ii v,~~ s ~ R Utilility Easement 3/19/2008 Scale: finch= 50 feet File: Tract 1:0.4479 Acres (19511 Sq. Feet), Closure: n00.0000e 0.00 ft. (1/384067), Perimeter-1486 ft. 01 n00.0000e 334 10 s00.0000w 140 02 n90.0000e 220 11 s90.0000w 30 03 s00.0000w 30 04 s90.0000w 190 05 s00.0000w 144 O6 n90.0000e 190 07 s00.0000w 10.05 08 Rt, r=20.00, delta=029.4922, arc=10.41, chord=s14.5441w 10.29 April 11, 2008 MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT ITEM NO. Jr-Q REQUEST Change Order No. 1 for the Black Cat Trunk Sewer Phase 4 Schedule fj~L (c:onstruction) with Knife River for $12,021.08 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the Ctty of Meridian. COMMENTS See attached r: Memo To: Jaycee Holman; Tara Green From: Max Jensen, Engineering Technician jensenm@meridiancity.org Meridian Public Works Departrnent 660 E. Watertower, Suite 200 Phone: 898-5500 Fax: 898-9551 CC: Clint Dolsby, P.E., Interim City Engineer • 1~E~I~ APR 10 200 c~~~ ®f ~~~a~a~ c~t~ ~1~~~ ~~c~ Date: 4/10/08 Re: Proposed Agenda Item for April 15, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the April 15, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Black Cat Trunk Sewer. Phase 4. Schedule B8~C (Construction) Chance Order No 1 Attached is Change Order No. 1 for changes/additional work required as construction progresses towards completion. This change order is for an additional $12,021.08 (0.02% of the original contract amount). Recommended Council Action: The Public Works Department recommends that City Council approves the Change Order with Knife River for changes/additional work required as construction progresses towards completion of the Black Cat Trunk Sewer, Phase 4, Schedule B&C project. Thank you for your consideration. I will send original contract for your signature upon your consideration. Please contact me if you have any questions. • Page 1 • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 CONTRACT CHANGE ORDER i Change Order No.: 1 Project Number: 0738a Date: 3/18/2008 Effective Date: CONTRACTOR: Knife River PROJECT: Black Cat Trunk Sewer, Phase 4, Schedule B$C The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desclption: 1) Sewer line re-alignment through Bear Creek Park (Knife River C.O.R. #1) ADD $ 1,553.78 2) WCD No. 001 -Construct additional asphalt pathway (Knife River C.O.R_ #2) ADD $1,294.30 3} Revised Ccxistruction Starting Point (Knife River C.O.R. #3} ADC $ 3,803.00 4) WCD No. 002 -Construct and Install additional manhole {Knife River C.O.R. #4) ADD $ 5,370.00 $12,021.08 Reason for Change Order: Construction revisions as project proceeds. Attachments: 1) Knife River C.O.R. #1 2} WCD No. 001 (Knife River C.O.R. #2) 3} Knife River C.O.R. #3 4} WCD No. 002 (Knife River C.O.R. #4) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $626,979.20 Original Contract Completion Date: 5/3/2008 Original Contract Completon Days: 5/23/2008 Net changes form previous C.O.'s.: Net Days change form previous C.O.'s: No. 0 to 0 No. Q to 0 $0.00 0 Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: 5/31200$ $626,979.20 Net Increase (decrease) of this C.O.: Net Days Increase {decrease) of this C.O.: 0 $12,021.08 Contract Price with all Approved C.O.'s: Contract Completion Date with ail Approved C.O.'s: 5/3/2008 $639,000.28 RECOMMENDED: (CONSTRUCTION MANAGER) By: ~~~ ACCEPTED (CONTRACTOR) By: / Date:, .. /~d. Date: APPROVED: {CITY PURCHASING AGENT) COUNCIL APPROVAL By: Keith Watts Date: Date: APPROVED: (CITY) ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: i • KNIFE ftIVE~ AN MDU RESOURCES COMPANY 5450 W. Gaaren Road Boise,lD 83709 (20~ 382-6152 (208) 862-6199 FN( March 14, 2008 Max S. Jensen City of Meridian E60 E. ~~~atertower. Suite 200 Meridian, ID 83642 Re: Black Cat Trunk Sewer, Phase 4, Schedule B & C Subject: C.O.R. #1 -Additional Work Dear Max: Knife River requests a change order for the following additional work. Sautlrern Idaho Division The project was redesigned to eliminate going through the asphalt pathway and avoiding crossing the Hardin Drain in two locations. The new design allowed the work through the park to be completed at an accelerated schedule. Black Cat Rev 1 Changes Old Design Delete 27" PVC 60" Manhole 72" Manhole Hazdin Drain Crossing AC Patch SOD Repair -1016 LF @ 83.90 $(85,242.40) -3 EA @ 5370.00 $(16,110.00) -1 EA na, 7740.00 $(7,740.00) -2 EA @ 1700.00 $(3,400.00) -341 LF @ 43.2.0 $(14,731.20) -595 LF @ 43.20 $(25,704.00) Sub-Total: $(152,927.60) 0:1BIack Cat Trunk Sewer PH4, Sch B&C - #76066\CORV! I -Additional Work.doc C~ KNIFE RIDER • New Design 27" PVC 60" Manhole 72" Manhole Storm Drain Crossing Grass Pa: per AC Patch SOD Repair Replace MH Bases (BV INV16748) Contractor OH & M on BV Inv. 1001 LF @ 83.90 $83,983.90 1 EA @ 5370.00 $5,370.00 2 EA @ 7740.00 $15,480.00 1 EA @ 1100.00 $1,100.00 60 SY (c~ 62.60 $3,756.00 238 LF @ 43.20 $10,281.60 740 LF @ 43.20 $31,968.00 1 LS @ 2310.80 $2,310.80 0.1 % @ 2310.80 $ 231.08 Sub-Total: $154,481.38 Grand Total: $1,553.78 If you have any questions or comments, please contact me. Sincerely, essee Rosin Project Manager JR: km O:~Black Cat Tnmk Sewer PH4, Sch B&C - #7606ti1COR~! 1 -Additional Wark.doc 2084ti34268 Boise VauIHG26 ~ 0~ ;_~~ Bt)ISE VAULT "-~;~ 8t FhEtECAST 608 Carnation Dr. Nampa, Idaho 83687 208 /466-6900 FAX 2U8 /463-4268 02-05-2008 ~ 1/1 INV ~~] ~ 1t~} QUOTE ID ORDER DATE SHIP DATE _ Z - .7 - ITEM QTY.ORD. SHIPPED DESCRIPTION UNIT PRICE TOTAL ~ " Q ;k- s' z. Ocl Z ~ ' of p q n Post-It® Fax Note 7671 t~ - - To a F-orn ~.~. ~. Pnpne a Pttorre g Fa~c t Fau r DiFuvE o~E...~_.,.... Shipping ~:oan~~_..._,~..~ ~ Tax / 3 4. ~ TOTAL 3 $,p ARRIVAL 1 have inventoried quantity and quality and found all to be satisfadary. ff net, l have so listed above items trot satfctactory. In slggmtng this receipt Aorm, I hereby release Bode Vault & Precast of atl future claims of arty nature for above listed materi~. I also acknowledge that a!1 above materW and relates debts must be paid for In fuR not later than the 10th day of the month foitow~g the nronth of delivery. t;.u$tomer agrees to pay man costs end reasonable attorney teesrf accrount becomes deaanquent. Lien laws uvrtl be enforced. Retainage or deductions are not at~ptable. Received p~ • KNIFE ftIVE#~ AN MDU RESOURCES COMPANY 5450 W. 6oraen Road Boise, ID 83109 (208y 362152 (208) 362-0199 FA% March 14, 2008 Max S. Jensen City of Meridian 660 E. Watertower, Suite 200 Meridian, ID 83642 Re: Black Cat Trunk Sewer, Phase 4, Schedule B & C Subject: C.O.R. #2 -Sidewalk Repair Change Dear Max: Southern Idaho Division Knife River requests a change order for the following additional work. At the request of the City of Meridian, the original design was changed from a Type III sidewalk repair to a Type II repair. Old Design Type III Sidewalk Repair -171 LF @ 14.70 $(2,513.70) Sub-Total: $(2,513.70) New Design I~IStall Type P~ ScrFa:.e ??0 ! F @ 22.^0 Sub-Total: Grand Total: If you have any questions or comments, please contact me. Sincerely, ,~~~./~_ essee Rosin Project Manager JR:km O:\Blxk Cat Trunk Sewer PH4, Sch 138cC - #76066\CORV12 -Sidewalk Repair Change.doc ~~,RnR nn $3,80$.00 $1,294.30 CITY OF MERIDIAN BLACK CAT TRUNK SEWER PHASE 4, SCHEDULE BBtC ADA COUNTY, IDAHO WORK CHANGE DIRECTIVE No. _00 i DATE OF ISSUANCE 2-12-08 EFFECTIVE DATE 2-12-08 OWNER CitYof Meridian CONTRACTOR Knife River Contract: Black Cat Trunk Sewer. Phase 4, Schedule B & C Project: Black Cat Trunk Sewer. Phase 4, Schedule B & C OWNER'S Contract No. _ 0635 a ENGINEER'S Project No. You are directed to proceed promptly with the following change(s): Description: Construct an additional asphalt pathway near the east side parking lot of Bear Creek Park. The pathway is to be constructed from Bear Claw to MH 27 as detailed in Attachment `A' and `B'. Purpose of Work Change Directive: Pathway access Attachments: (List documents supporting change) Attachment `A' and `B" If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: ^ Unit Prices ^ Lump Sum O ^ Cost of the Work ~ . Z ~ `~ • 3 Estimate increase~~eese) in Contract Price: Estimated increase (tlkeerease}in Contract ~ _ ~ ~ 29'-I • 3`~' Times: If the change involves an increase, the estimated Substantial Completion: ~- days; amount is not to be exceeded without further Ready for final payment: _~ days. authorization. RECD MENDE AUTHORIZED: ~+>~ O s P CT ANAGER OWNER'S ENGINEER By: ~ .~~~1 By: ~:nt t ulsbV EJCDC o. 1910-8-F (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America affi the Construction Specifications Institute, ~ ~ Attachment `A' Additional asphalt paving and concrete work shall be constructed in accordance with Attachment `B', the current construction plans, project manual and ISPWC. • i ~ ~~ S°~ a ~ oo+e ~ U ~la~,I~M Q #- Q R/W ~ R/ R/W ~ ~YC~L`• rQj O ~ O Z J ~m~W 3~JNU ~'j~~ ~Zp ~ N U N ~ ~ DLO °- e0~~~ ~- ~a r o n ~ ,~, N a ~ ~ x o F- oN~ ~ w a~ a ~ ~ ~w aN W ~~ ¢~~ 3W v o~ a woo z ~~ \ NIZ- _' Oz ~- m~-Z F W~ ~ a o~ ~ ~ww zo ~a U ~ O~~ U W o''-~, N rpp O ZYF- ~ F-o a z~ ~ oaz z z ~~ W Sao a ama o ~" o (A U ~ `- ~p~ WOZ U ~a \ W N ~ W NQ ~ W ~ W~ w otn¢ w .~O r w o~ a tL +a. Z~~ QOp ~ WN O u Z O N~ oz ~ d z~ ~ ~z m~Q cn ~~ ~ b v ~NOa vz ~ boa ¢ ~ ~ w OCOj= aZW C~9 W O~N W ~W~ NOZ D ~ ~oDN OmQ ~'~W mp °~ ~ _! ~ Ma °D ~Z~ ~d ~o r ~ ~a J N~ a C= O a w~ + N w ~~ co a~ Wd N J~W Q~ N ~ J_p N ~V)Q ~a 4 N z~~~,``~~,, ~ w a ~ d W ~ R20.0 a~~ zW~ o° R10.0 R2p0' ~ U C9 W C9 Z 2 H ~yZ+ W ~¢p ~3 ~ ~~~0 ° ~ ..~~ o x ran J Na rive oaxw or< •~ S Z~ tnp ZpW ZN .^ ~ m L •i•~ O~df L V ~ Q Y O 3 III • KN i FE ~IVE~ AN MDtI RESOURCE5 COMPANY 5450 NL Gowen Road Bose, ID 83109 (208) 362-8152 (208) 3fi2-6199 FAt( March 14, 2008 Max S. Jensen City of Meridian 660 E. Watertower, Suite 200 Re: Black Cat Trunk Sewer, Phase 4, Schedule B & C Subject: C.O.R. #3 -Additional Time Dear Max: Knife River requests a change order for the following additional work. Soufhem Idaho Divi~on At the beginning of the project, Knife River was requested to start at MH No. 23 versus the tie-in manhole on Stoddard Road. This change required that Knife River would need to use different excavation methods to install the sewer between MH No. 23 and MH No. 22. This change required that Knife River would need one (l) additional day of crew construction to complete this change. Therefore the cost of this work is: Revise Construction Starting Point: (1) Additional Crew Day for Production 750 Excavator 644 Loader Hoepack Sarvica Truck Extra Fuel Generator End Dump Labor 5 Man Crew 1 Day @ $3,803.00 Sub-Total: 3ra ii.~. To'i.4.1: $3,803.00 $3,803.00 If you have any questions or comments, please contact me. Sincerely, . ~~ --- essee Rosin Project Manager JR: km O:~Htack Cat Tnmk Sewer 1'H4, Sch H&C - #760661CORVf3 -Additional Time.doc • KN I FE ~ilr1/Eft AN MDU RESOURCES COMPANY • avou w iiawen Road Bois, ID 83709 (208) 362-8152 (208) 362199 FN( March 14, 2008 Max S. Jensen City of Meridian 660 E. Water*.ower, Suite 200 Meridian, ID 83642 Re: Black Cat Trunk Sewer, Phase 4, Schedule B & C Subject: C.O.R. #4 - WCD No. 002 60" Manhole Dear Max: Knife River requests a change order for the following additional work. Southern Idaho Division At the request of the City of Meridian, a 60" manhole is to be installed at Sta. 2+75 as per WCD No. 002. This manhole will allow for better cleaning and maintenance for City personnel. New Design Install 60" Manhole 1 EA @ $5,370.00 $5,370.00 Sub-Total: $5,370.00 I;rand Total: $5,370.OL If you have any questions or comments, please contact me. Sincerely, .~ essee Rosin Project Manager JR: Icm O:~Black Cet Trunk sewer PH4, Sch BBcC - #76066\CORI#4 -Add 60 MH.doc CITY OF MERIDIAN BLACK CAT TRUNK SEWER, PHASE 4, SCHEDULES B & C ADA COUNTY, IDAHO WORK CHANGE DIRECTIVE n LJ No. 002 DATE OF ISSUANCE 02/25/08 EFFECTIVE DATE 02/25/08 OWNER CONTRACTOR Ci of Meridian Contract: Knife River Project: Black Cat Trunk Sewer Phase 4 Schedules B & C OWNER's Contract No. 0738 a ENGINEER's Project No. 10-06-059 You are directed to proceed promptly with the following change(s): - Description: A 60" Type "B" "Through" manhole shall be added to the Schedule C 10" sewer line in Stoddard Road at STA. 2 + 75.00. Critical elevations shall be as follows: Rim = 2620.93, 10" IE In = 10" IE out = 2602.94 Purpose of Work Change Directive: To better accommodate cleaning and maintenance operations on the sewer after construction. Attachments: (List documents supporting change) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: ^ Unit Prices ^ Lump Sum ^ Cost of the Work Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Times: Substantial Completion: days; Ready for final payment: days. RECOMMENDED: AUTHORIZED: ` R ENGIN ER By: C',~ ~1s6y OWNER ENGINE EJCDC No. 1910-8-F (1996 Edition) By, t 1~ ~~~ t~ Pneparcd by the Ergoteers Joint Contract Docim~ents Cormrrittee a~ endorsed by The Associated Gem~al Contractor; of America and the Construction Specifications Institute. April 11, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT April 15, 2008 ITEM NO. Jr-R REQUEST Change Order No. 2 of Contract with Treasure Valley Drilling for Construction of Well 27 for Additional Well Development, Test Pumping and Mud Weighting Material for $27,000 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. • CITY OF ERIDI~W 33 EAS IDAHO MERID , ID 83642 CONTRACT CIHANGE ORDER •pd c~~-~t~~ ~f~3v~og Change ceder No Q Project Numb: 0670b Date: 4/3/Z008 Effecthre Date: corrrRACroR: Treasure valley Drilling PROJECT: We1127 Construction The Contractor is hereby directed to make the following ctwnges from the Cont+~ Documents and Plans. Desciption: 1) Additional well development ~ 2) Test pumping rtot in original ~ 3) ~gh~'total cost of mud-vr~gh ng matoiai 4) 5) Reason for Change Off: Additional well development uin3d due to flow that was not consist~rtt with the expected speciflic capacity of well. Test pumpi was not in original contract. i Attachments: CHANGE IN CO CT PRICE: C GE IN CONTRACT TIMES: Original Contract Price: $251.300.00 original Contract(Completion late: Original Contras Com e8on ~: Net Charges form previous C.O.'s.: Net Days cha form previous C.O.'s: No. 0 to 1 No. 0 to Q $35,000.00 Contract PRce Prior io this C.O.: Contract Compl~ion Date before this C.O.: $286,3(10.00 Contract Compl~ion Days before this C.0 0 Net Increase (de~e) of this C.O : Net Days In (decease) of this C.O.: $27000.00 CaWact Price with all Approved C. 's: Contract Com on Data w~h ail Approrned GO.'s: 5313,300.00 Contrail Comp~tion Days with all Approve 0 RECOMMENDED: (CONSTRUCTION MANAGER) By: Date: y ~ 4~' COUNCIL APPROVAL ``~~<<„~, r~ r ~ irar,,r`~ ~~ Date: s~ a ,~ c? APPROVED: (C -_,~ ATTEST: ~ -~ _ p . T ~ By: Mayor Tammy de / erd Date: / By: City Clerk. ,lhycse Holman ~ ` Gate: ~ ~y 1 r~ L :~ . ~ ~~ ~. .~ • `~~ `~ • • ItECE3Vu'P APP ~ `~ 200 e o ~~~~ ~f ~e~~ a~ pity C1erI~ Q$~ce To: Jaycee Holman Tara Green From: Kyle Radek, P. ., Staff Engineer CC: File Date: 4/3/08 Re: Proposed Agen a Item for April 15, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the March City Council age da, under Consent Agenda, for Council's consideration: Recommended Coun it Action: The Public Works Department recommends that City Council approves Ch nge Order Number 1, of Contract with Treasure Valley Drilling for Construction of Well 27 for additional well development, test pumping, and additional cost for ud-weighting material for a cost not to exceed $27,000 and authorizes the Mayor o sign it. Thank you for your this item. Please contact me if you have any questions regarding • Page 1 • CITY OF M RIDIAN 33 EAST DAHO MERIDIAN, ID 83642 CONTRACT CH NGE ORDER Change Order No 2 Project Number: 0670b Date: 4/3/2008 Effective Date: CONTRACTOR: Treasure Valley Drilling PROJECT: !Well 27 Construction The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Desciption: 1) Additional well development -- - 2) Test pumping- not in original contract 3) ,Higher total cost ofmud-weighting material 4) 5) Reason for Change Order: Additional well development required due to flow that was not consistant with the expected specific capacity of well. Test pumping was not in original contract. Attachments: CHANGE IN CONT CT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: _ $251,300.00 Original Contract Completion Date: Original Contract Completion Days: ~ Net changes form previous C.O.'s.: Net Days change form previous C.O.'s: No. 0 to 1 _--- - No. 0 to 0 - - $35,000.00 it _ -- ___-- -- Contract Price Prior to this C.O.: Contract Completion Date before this C.O.: $286,300.00 Contract Completion Days before this C.0 0 Net Increase (decrease) of this C.O.: Net Da Increase decrease of this C.O.' Ys ( ) ~- ----- - __ - $27,000.00 Contract Price with all Approved C.O.'s: Contract Completion Date with all Approv~d C.O.'s: _ _ _ $313,300.00 Contract Completion Days with all Approve 0 RECOMMENDED: (CONSTRUCTION MA GER) By: Date: COUNCIL APPROVAL Date: APPROVED: (crr~ - ATTEST: By: Mayor Tammy de Weerd By: City Clerk, Jaycee Holman Date: Date: • April 11, 2008 MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT ITEM NO. S-S REQUEST Task Order 0~32a with Civil Survey Consultants, Inc. for Well 14 Pump Replacement Desian far a Cost Not to Exceed $8.500.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTIRICT: 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 CHy of Mertdlan. • • TASK ORDER N0.0732a CITY OF MERIDIAN (OWNER) AND CIVIL SURVEY CONSULTANTS INC. (ENGINEER) This Task Order is issu by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated November , 2006. CITY OF MERIDIAN WELL 14 PUMP REPLACEMENT PURPOSE The Engineer's scope of se~ices, time of completion and c~m~nsation shall be as set forth herein. Services shall generally be escflbed as Engineering Consulting Services. TASK 0732a - Design and Constructlon Per the City's request, the ngineer will provide professional engineering servces related to the design and construction of Well 14 Pump Replacement and pressure zone piping modifications at the existing Well 14 located on SE 5"' ay and Ovefland Road. The Engineer proposes to provide the following under this scope of services: Well 14 is be ng rehabilitated under a separate contract. Upon completion of the rehabilitation project a new pump and motor will be installed in the well. CSC will select a new pump, p epare performance spec cations, and assist the Owner in obtaining bids to furnish an install the new pump and motor. 2. The well will equipped with a new water lubricated vertical turbine pump. Motor size will be a imum of 125 horsepower to match the existing electrical controls. The pump will be sized based upon the characteristics of the actual completed well and the existing 1, gpm (3.0 cfs) water right. 3. It is the inten of this project to reuse the existing pump discharge head if possible to eliminate the need for modifications to the existing discharge piping. If the existing discharge head is not suitable for use, or a new discharge head matching the dimensions f existing discharge head can not be found, :rt may be necessary to reconstruct t e existing discharge piping. Professiona8 services related to reconstruction of the existin discharge piping will be provided under a supplement to this agreement if necessary. 4. It is the inters of this project to install a water level indicator with the new pump to allow monitoring o the water level in the well via the SCADA system. Installation of the water level indicator is subject to whether a tap can be added to the pump discharge head to allow for inst Ilation of the water level indicator. Connection of the water level indicator to the SCAD system will be completed by the Owner under a separate contract. • • 5. The existin~ ValMatic globe style check valve will be replaced with a standard weighted arm swing heck valve. 8. Well 14 will ump into the existing Pressure Zone No. 4 with a by-pass to Pressure Zone No. 3. Mod' ications of the existing piping outside the Well 14 pump house will be necessary t accomplish the pressure zone separation. CSC will prepare a plan showing the required piping modfications. The required piping modifications will require cutting the asphalt i Overland Road which is under a utility cut moratorium. The Engineer will prepare the ary submittals for the Owner to obtain permission for the required pavement c 7. Flushing stations for Pressure Zone 4 and Pressure Zone 3 will be provided under a separate co tract. 8. CSC will su mit the completed plans and specfications to the Owner for review and approval. In tallation of a new pump in the rehabilitated well is considered a maintenan issue and does not require submittal to Idaho Department of Environmental Quality for r view and approval. 9. CSC will ans, er pre-bid questions and provide information required for addendums as necessary. Construction Services: 1. CSC will 2. CSC will 3. CSC will re the Owner 4. CSC will provide a 8. CSC will 6. CSC will 7. CSC will TASKS PROVIDED BY The following tasks will be 1. Furnish the E and record d 2. Furnish the E 3. Apply for anc District. 4. Prepare the t opening. a preconstruction meeting. on-site visits and answer questions during construction as necessary. contractor's partial payment requests and provide a recommendation to ding payment. and evaluate the need for change orders during construction and emendation to the Owner regarding their approval or denial. the final inspection and assist the owner with project close out. record drawings for the completed facilities. a one-year warranty inspection. by the owner. any available information regarding the site including original plans a flow vs. drawdown information for the reconstructed well. coordinate the Overland Road pavement cut with the Ada County Highway documents, advertise for bids, issue addendums and conduct the bid • 5. Issue the N tice of Award, Agreement, and Notice to Proceed. 6. Perform dai y construction observation and contract administrative work. TIME OF COMPLETION Plans and specfications w II be completed within 15 calendar days of receipt of the flow vs. drawdown information for the reconst dad well. The schedule for the remaining tasks will be established through the bidding and constructi n contract. COMPENSATION The Not-To-Exceed amou t for this Task Order No. 0732a is Eight Thousand Five Hundred and 00/100 dollars ($8,500.00}. The h urly rate for services and direct expenses is per the previously approved Prevailing Fee Schedule E active October 1, 2006, and by this reference made a part hereof. cITY of ME~3ilD /.«~ BY: / TAMMY d EF MAYOR Attest: JAY E HOLMAN, C ENGINEER ._---- `~ BY: "~ :T ```````~,,,-,-~~~~,,,,,,,, IMO Y A. BUR E S, ``````~~,~ OF ''%,,~~~~'y ViCE PRESIDENT 0 r s ~ ' $EAL ~ ,~ Approved by City Council: `~/s © 8 ,~ r ~~ . ~~ ~.~ (Date} • • ~~ pity ~f IVleridia~ pity Clea~l~ ~~ce Me To: Jaycee Holmar From: Brent A. Blake, CC: File Date: April 10, 2008 Re: Proposed Agen ~'J r Tara Green Engineering Technician Item for April 15, 2008 City Councl Meeting The Public Works Department respectfully requests the following item be placed on the April 10, 2008 City Council a enda, under Consent Agenda, for Counal's consideration: Recommended Coun it Action: The Public Works Department recommends that City Council approves Ta k Order 0732a with Civil Survey Consultants for Well 14 Pump Replacement Design or a cost not to exceed $8,500.00 and authorizes the Mayor to sign it. Thank you for your this item. Please contact me if you have any quesfions regarding • Page 1 • TASK ORDER NO. 0732a CITY OF MERIDIAN (OWNER) AND SURVEY CONSULTANTS INC. (ENGINEER) This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and onditions contained in the Agreement between the above named parties dated November 8 2006. CITY OF MERIDIAN WELL 14 PUMP REPLACEMENT PURPOSE The Engineer's scope of se ices, time of completion and compensation shall be as set forth herein. Services shall generally bed scribed as Engineering Consulting Services. TASK 0732a -Design and onstruction Per the City's request, the E gineer will provide professional engineering services related to the design and construction of Well 14 ump Replacement and pressure zone piping modifications at the existing Well 14 located on SE 5~' W y and Overland Road. The Engineer proposes to pr~vide the following under this scope of services: ~ • Well 14 is bein~ rehabilitated under a separate contract. Upon completion of the rehabilitation roject a new pump and motor will be installed in the well. CSC will select a new pump, pr pare performance specifications, and assist the Owner in obtaining bids to furnish and install the new pump and motor. 2. The well will b equipped with a new water lubricated vertical turbine pump. Motor size will be a maxi um of 125 horsepower to match the existing electrical controls. The pump will be si ed based upon the characteristics of the actual completed well and the existing 1,346 pm (3.0 cfs) water right. 3. It is the intent f this project to reuse the existing pump discharge head if possible to eliminate then ed for modifications to the existing discharge piping. If the existing discharge hea is not suitable for use, or a new discharge head matching the dimensions of xisting discharge head can not be found, it may be necessary to reconstruct the existing discharge piping. Professional services related to reconstruction of the existing ischarge piping will be provided under a supplement to this agreement if necessary. 4. It is the intent o~ this project to install a water level indicator with the new pump to allow monitoring of the water level in the well via the SCADA system. Installation of the water level indicator i~ subject to whether a tap can be added to the pump discharge head to allow for install tion of the water level indicator. Connection of the water level indicator to the SCADA ~ystem will be completed by the Owner under a separate contract. • • 5. The existing alMatic globe style check valve will be replaced with a standard weighted arm swing c eck valve. 6. Well 14 will p mp into the existing Pressure Zone No. 4 with a by-pass to Pressure Zone No. 3. Modifi ations of the existing piping outside the Well 14 pump house will be necessary to accomplish the pressure zone separation. CSC will prepare a plan showing the required iping modifications. The required piping modifications will require cutting the asphalt in Overland Road which is under a utility cut moratorium. The Engineer will prepare then cessary submittals for the Owner to obtain permission for the required pavement cu . 7. Flushing stati ns for Pressure Zone 4 and Pressure Zone 3 will be provided under a separate con ract. 8. CSC will sub it the completed plans and specifications to the Owner for review and approval. Ins allation of a new pump in the rehabilitated well is considered a maintenance ssue and does not require submittal to Idaho Department of Environmental Quality for re iew and approval. 9. CSC will ans er pre-bid questions and provide information required for addendums as necessary. Construction Services: 1. CSC will 2. CSC will 3. CSC will rE the Owner 4. CSC will provide a 8. CSC will 6. CSC will 7. CSC will TASKS PROVIDED BY The following tasks will be a preconstruction meeting. on-site visits and answer questions during construction as necessary. contractor's partial payment requests and provide a recommendation to rding payment. and evaluate the need for change orders during construction and emendation to the Owner regarding their approval or denial. the final inspection and assist the owner with project close out. record drawings for the completed facilities. a one-year warranty inspection. by the owner. 1. Furnish the Engineer any available information regarding the site including original plans and record dra inas. 2. Furnish the 3. Apply for and District. 4. Prepare the opening. Weer a flow vs. drawdown information for the reconstructed well. the Overland Road pavement cut with the Ada County Highway documents, advertise for bids, issue addendums and conduct the bid i 5. Issue the Notlice of Award, Agreement, and Notice to Proceed. 6. Perform dailyi construction observation and contract administrative work. TIME OF COMPLETION Plans and specifications will', be completed within 15 calendar days of receipt of the flow vs. drawdown information for the reconstrujcted well. The schedule for the remaining tasks will be established through the bidding and construction] contract. COMPENSATION The Not-To-Exceed amount ifor this Task Order No. 0732a is Eight Thousand Five Hundred and 00!100 dollars ($8,500.00). The ho ' rly rate for services and direct expenses is per the previously approved Prevailing Fee Schedule Eff~ctive October 1, 2006, and by this reference made a part hereof. BY: CITY OF MERIDIAN i TAMMY de WEERD, MAYOR Attest: JAYCEE HOLMAN, CITYI CLERK ENGINEER TIMOTH'S~A. Bl7RG~S, VICE PRESIDENT Approved by City Council: (Date) CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID X3642 CONTRACT CHANCE ORDER Change Order No.: 1 Project Number: 0738a Date: 3!18/2008 Effective Date: CONTRACTOR: '~ Knlfe River PROJECT: ~ Black Cat Trunk Sewer, Phase 4, Schedule B8C The Contractor is hereby directed to make the following changes from the Contract Documents and Ptans. Desciption: ~ 1) Sewer line re-alignment through Blear Creek Park (Knife River C.O.R. #1) ADD $ 1,553.78 2) WCD No. 001 -Construct additional asphalt pathway (Knife River C.O.R. #2) ADD $ 1,294.30 3) Revised Construction Starting Paint (Knife Rioer C.O.R. #3) ACC $ 3,003.C0 4) WCD No. 002 -Construct and install additional manhole (Knife River C.O.R. #4) ADD $ 5,370.00 $12,021.08 Reason for Change Order: Construction revisions as project proceeds. i Attachments: 1) Kntfe River C.O.R. #1 2) WCD No. 001 (Knife River C.O.R. I #2) I 3) Knife River C.O.R. #3 4) WCD No. 002 (Knife River C.O.R. i#4) CHANGE IN CONTRAC PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: i $626,979.20 Original Contract Completion Date: 5/3/2008 Original Contract Completion Days: 5/23/2008 Net changes form previous C.O.'s.: ~, Net Days change form previous C.Oa: No. 0 to Q No. 0 to 0 $0.00 p Contract Price Prior to this C.O.: ! Contract Completion Date before this C.O.: 5/3/2008 $626,979.20 Net Increase {decrease) of this C.O.: !I Net Days Increase (decrease) of this C.O.: p $92,029.08 Contract Price with all Approved C.O: s: ~~, Contract Completion Date with all Approved C.O.'s: 5/3/2008 ~ $639,000.28 RECOMMENDED: (CONSTRUCTION MA~AGER) ACCEPTED (CONTRACTOR) By: ~~~ II'~ By~ / , Date:: ~~ G~. ~ Date: APPROVED: (CITY PURCHASING AGENT I ~ ~ ~~,' COUNCIL APPROVAL \\,\`~~~~" ~~r,,r~~'', `` ` ~ ~ r v~ By: Keith Watts ~ ~ ~ Date: ~~ - Date: ~~~ ~'/p8 ~ ~4 APPROVE~(2tTY) ~ ti~ ATTEST: - SEAL By: Mayor Tammy de eerd ', -' Date: By: City Clerk, Jaycee Holman ~ ~ T '~ 1S Y ~~ ~ . ,~j~ Date. % ~O s ' ~ ~~ ` -~~r~rri~~~ ~ ~ ~~~~~~~~ . K N t FE ftlV~ft AN MDU RESOURCES COMPANY 5450 W. Gmuen Road Bo~e,1083709 (208) 362-8152 (208} 382199 Fp% March 14, 2008 Max S. Jensen City of Meridian 650 E. ~'~~arertower. State 2100 Meridian, ID 83642 Re: Black Cat T~runlc Sewer, Phase 4, Schedule B & C Subject: C.O.R. #1 -',Additional Work Deaz Max: Souffiern Idaho D'msion Knife River requests a charge order for the following additional work. The project was redesigned] to eliminate going through the asphalt pathway and avoiding crossing the Hardin Drain inn .two locations. The new design allowed the work through the park to be completed at an accelerated schedule. Black Cat Rev 1 Changes Old Design Delete 27" PVC '~ 60" ManhoT 7?" Manhol~ Hazdin Draijn Crossing AC Patch SOD Repai>} O:~Black Cat Trunk Sewer PH4, Sch B&C - H7~~6066\CORVl1 -Additional Work.doc -1016 LF @ 83.90 $(85,242.40) -3 EA @ 5370.00 $(16,110.00) -1 EA na, 7740.00 $(7,740.00) -2 EA @ 1700.00 $(3,400.00] -341 LF @ 43.2.0 $(14,731.20) -595 LF @ 43.20 $(25,704.00) Sub-Total: $(152,927.68) KNIFE RIVER ~ it New Design 27" PVC '' 1001 LF 60" Manhole 1 EA 72" Manhole 2 EA Storm Drainj Crossing 1 EA Grass Paver'' 60 SY AC Patch I 238 LF SOD Repaid, 740 LF Replace MH Bases (BV INV16'~48) 1 LS Contractor C}H & M on BV Inv. 0.1 @ 83.90 @ 5370.00 @ 7740.00 @ 1100.00 na, 62.60 @ 43.20 @ 43.20 $83,983.90 $5,370.00 $15,480.00 $1,100.00 $3,756.00 $10,281.60 $31,968.00 If you have any questions or'I comments, please contact me. Sincerely, essee Rosin Project Manager JR: km ~I @ 2310.80 @ 2310.80 Sub-Total: Grand Total: $2,310.80 $ 231.08 $154,481.38 $1,553.78 0:1Black Cat Trunk Sewer PH4, Sch B&C - #760~6iCORV11 -Additional Work.doc 2084ti34268 Boise VauING2B 1!~! Bt1ISE VA T ' °`~.° St PRECAS ~~~- 6Q8 Carnation Dr. Nampa, Idaho 83687 208 /985-6300 ~~ FAX 208 /463-4268 I 09:35:40 02-05-2008 1 /1 INV~~~L~ Qt10TE Ip ORDER DATE r SHIP DATE _~ • J - ITEM QTY.ORD. SHl PED DESCRIPTION UNIT PRICE TOTAL iw ~, 6 ,0 '~ Jc' s , o~n ', ' Z ' f of I V n Post•il°D Fax Note 7671 ~ ~ - ~ p s To a F~ ~ , . ~. ~. Friona r Phone r Fax a Fax r ~--------- ~~PPm9 u~aotN~~,.,.~ ~~ _,~._.~, Tax ~ 3 D . Sb ~ TOTAL 3 ~ ~Q,p ARRNAL I have Inventoried quantity and qualdy and found a-I to be satisfactory. H not, l have ~ listed above items rat Satisfactory. In signing this receipt form, I hereby release Boise Vault & Precast of a0 future daims any nature for above listed material. I also adawvriedge that a0 abotre material and related debts must be paid for in full not later than the 10th day of the month tlowing the month of delivery. Cush agrees to pay collection costs and reasonable attorney leas if account becomes dslrnquenL Lien laws a+171 be enforced. age or deductions are not acceptable. bate KNIFE ftIVE{I$ AN MOU RESOURCES COMPANY 5450 W. Gowen Raad ~ Southern Idaho D'lvision Boise, ID 83109 i (208) 362-6152 {208) 362.6199 FAX I March 14, 2008 ~, Max S. Jensen City of Meridian 660 E. Watertower; Suite 2~0 Meridian, ID 83642 Re: Black Cat TrCunk Sewer, Phase 4, Schedule B & C Subject: C.O.R. #2 - (Sidewalk Repair Change Dear Max: ' Knife River requests a change order for the following additional work. At the request of the City o~'Meridian, the original design was changed from a Type III sidewalk repair to a Type II repair. 'I Old Design Type III Sidewabk Repair -171 LF @ 14.70 $(2,513.70) Sub-Total: $(2,513.70) New Design lastall Type Fd ~ul~:,E 170 ! F ^ ~?.~.0 ~~_RnR nr, Sub-Total: $3,808.00 Grand Total: $1,294.30 If you have any questions o>it comments, please contact me. Sincerely, ///~s•~- essee Rosin Project Manager JR: lcm 0:1131ack Cat Trunk Sewer PH4, Sch SBcC - #76o766~CORVt2 -Sidewalk Repair Change.doc CITY OF MERIDIAN BLACK CAT TRUNK SEWER PHASE 4, ~CI-~DULE B&C ADA COUNTY, IDAHO WORK CHANGE DIRECTIVE No. _001 DATE OF ISSUANCE 2-1 OWNER CONTRACTOR Contract: Project: OWNER's Contract No. You are directed to proceed romptly with the follor~cing change(s): Description: Construct an additional sphalt pathway near the east side parking lot of Bear Creek Park. The pathway is to be constru ted from Bear Claw to MH 27 as detailed in Attachment `A' and `B'. Purpose of Work Change Pathway access Attachments: (List documents supporting change) Attachment `A' and `B'~ If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Price: ^ Unit Prices ^ Lump Sum 0 ^ Cost of the Work ` Z ~( `~ . 3 in Contract Price: If the change involves an amount is not to be excee authorization. ease, the estimated without further EFFECTIVE DATE 2-12-08 ENGINEER's Project No. Estimated increase (~eleer~sej~in Contract Times: Substantial Completion: _~ days; Ready for final payment: ~_ days. AUTHORIZED: By: ~ "~ ~ EJCDC o. 1910-8-F (1996 Ei Prepared by the Engineers Joint ConlraM institute. lv~ ~of~~ OWNER's ENGINEER By: ~l'~l~ sb y Committee and endorsed by Tire Associated General Contractors of America and the Construction Slrecifications Attachment `A' Additional asphalt {having and concrete work shall be constructed in accordance with Attachment `BP, the current construction plans, project manual and ISPWC. ~~ ~ ~ ~ a ~ oo+e ~~ ~~~M 3 ~ Q ~R~~` _ r R~ ~°/ar N~~Z ~k'~`'3~ a m ~ w $ '"3 cn v ~~~~ QzO > av v>w~ p ~ N °~ N vwi ',I ~~0. a f O~~d, W ~ ', ~a ~ + ~ ~ \ w N d ~ ~ = o o~ ~ w Q=~ .W U °~W ON 3 J ~~ Q W~O Z ~ ~~ \ NZ J O z ~- 0° z F W ~ ~ a o~~ Z3Ww p ~a U~ ~ _~~ U ~ a3 ~ ~w~ O ( }per ~ Z~CI-, HO ~ JZ~ >° OQZ Z ~"'~ W QQ~ Q Q~Q, ~ ~A Q a' QD ~~~ V~D OW W N Q= `t ~~ ~ WO? U "'~d ~ ~ W J ~ I~~ ~W W C9(nQ W JO r d~ \ NQ `Z-+j ~ QOn N WN ! O V3Z a O N~ i _ Qw ~z Z m~ Q ~° I v ~ v Uz ~ yoga Q I'~, ~ ~ ~ N`Q'- WUO QZ~ C~.9 w 0~OO , ~W~ (nQZ D w ~~~ OmQ Q~W mp $f~ ~ J ~N ~ J W 3 ~ d' Q ,,, W r \ 1n ~ .Q m Z ~ ~ Q ~ ,- a ~v=i ~ a~a ~~ ~a °o Nw 0 QJ= SON ~p ~ ~~ N H~ ~~ N QQU ad I N w == a J_O Q ~NQ ~Q Z~ m Q~N DO ~ ~ a~ ~ Waco Q° 820.0 Z ,,,,, ~ O N 810.0 0.0, v=iz ~ ow~oU ?o "~!!d, R1 ,0'RZ ~U CO9 WUZ S F- ~yZ+ W vJiQO ~$ '' 69 ~,~0 _ ~ w ~ o Q` (n _I cV Q Irj N oQ °~ ~aci~-'~ ' S z~ v=io zow zvai S r ..... a-,r m 4~ L ~ .~ 0 .r. r ,; ua L O III KNIFE ftlVE~f~ AN AADU RESOURCES COk~IPANY i 5950 W. 6awen RBI Boise, ID 83709 (206) 362-6152 (~ 362-6199 FAJt March 14, 2008 Max S. Jensen City of Meridian 660 E. Watertower, Suite Z00'', .~cridian, .D 33642 Re: Black Cat Trr~nk Sewer, Phase 4, Schedule B & C Subject: C.O.R. #3 - additional Time Dear Max: Knife River requests a change] order for the following additional work. Southern Idaho Diursion At the beginning of the project, Knife River was requested to start at MH No. 23 versus the tie-in manhole on Stoddard Road. 'il'his change required that Knife River would need to use different excavation methods to install the sewer between MH No. 23 and MH No. 22. This change required that Knife River would need one (1) additional day of crew construction to complete this change. Therefore the cost of this work is: Revise Construction Stating Point: (1) Additional Crew Daylfor Production 750 Excavator j 644 Loader !, Hoepack $vrvt::~ Truv-ic ', Extra Fuel ~~ Generator End Dump I~ Labor 5 Man Crew 1 Day @ $3,803.00 Sub-Total: Grand Tc:a!: $3,803.00 $3,803.00 $3,803.OL~ If you have any questions or comments, please contact me. Sincerely, essee Rosin Project Manager JR: km O:\Black Cat Trunk Sewer PH4, Sch BBcC - #76p66\CORVt3 -Additional Time.doc KNIFE ftIVE,~ AN MDU RESOURCES COMPANY i 545D W. Gowen Road 80~, ID 83709 (208) 362fi52 {208) 382-6199 FAX March 14, 2008 Southern Idaho Dit~sion Max S. Jensen City of Meridian 6(i0 E. Water*.ower, Suits 2~0 Meridian, ID 83642 Re: Black Cat T>}unk Sewer, Phase 4, Schedule B & C Subject: C.O.R. #4 - 'WCD No. 002 60" Manhole Dear Max: '~ Knife River requests a change order for the following additional work. At the request of the City o~Meridian, a 60" manhole is to be installed at Sta. 2+75 as per WCD No. 002. This manhole wil~ allow for better cleaning and maintenance for City personnel. New Design Install 60" Manhole 1 EA @ $5,370.00 $5,370.00 Sub-Total: $5,370.00 ', brans! Total: $5,3TO.OL If you have any questions o~ comments, please contact me. Sincerely, i •~ essee Rosin Project Manager JR: km O:~Black Cat Trunk Sewer PH4, Sch BBeC - #76pb61CORVt4 -Add 60 MH.dac CITY OF MERIDIAN ~I BLACK CAT TRUNK SEWER, PHASE 4, SCHEDULES B & C ADA COUNTY, IDAHO WORK CHANGE DLRECTIVE No. 002 DATE OF ISSUANCE 02/25/08 EFFECTIVE DATE 02/25/08 OWNER CONTRACTOR ' Ci of Meridian Contract: Knife River Project: OWNER's Contract No. ENGINEER'S Project No. 10-06-059 You are directed to proceed p~omptly with the following change(s): ~ ~ -- Description: A 60" Type "B' "Through" manhole shall be added to the Schedule C 10" sewer line in Stoddard Road at STA. 2 + 7.00. Critical elevations shall be as follows: Rim = 2620.93, 10" IE In = 10" IE out = 2602.94 Purpose of Work Change Directive: To better accommodate cleaning and maintenance operations on the sewer after construction. Attachments: (List documents'I supporting change) If OWNER or Change Order based thereon Contract Documents. believe that the above change has affected Contract Price any Claim for 1 involve one or more of the following methods as defined in the Method of determining changq in Contract Price: ^ Unit .Prices ^ Lump Sum ^ Cost of the W Estimated increase (decrease) i~n Contract Price: Estimated increase {decrease} in Contract ^ $ Times: If the change involves an incre~se, the estimated Substantial Completion: days; amount is not to be exceeded writhout further Ready for final payment: days. authorization. RECOMMENDED: AUTHORIZED: ` ER ENGIN ER I '" By: _Cl,~r ~olsby ' g ; ~~ E~~ lG~ ~ (E~,,~ EJCI)C No. 1910-8-F (1996 Edition) Y '~ ~" Prepared by the Engineers Ioint Contact Doc~ts Corrnnittee and endorsed by The Associated General Contraactors of America and the Construction Specifications Institute. • April 1 1, 2008 MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT ITEM NO. S-T REQUEST Task Order 0726a for Water Division Facility Phase 2 (Design) with Civil Survey Consultants for $2,420.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached TASK ORDER N0.0726a CITY OF MERIDIAN (OWNER) AND CIVIL SURVEY CONSULTANTS INC. (ENGINEER) This Task Order is an addendum to Task Order No. 0726 issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated November 8, 2006 from Task Order No. 0726. CITY OF MERIDIAN MERIDIAN WATER DIVISION FACILITY -PHASE 2 PURPOSE The Engineer's scope of services was expanded to prepare work associated with design of the new vehicle storage buildings. Services shall generally ~ described as Engineering Consulting Services. TASK 0728.01 -Design and Construction Per the City's request, the Engineer will provide professional engineering services related to the design and construction of the Meridian Water Division -Phase 2 project located at the northerly end of NW 8~' Street. The engineer proposes to provide the following under this scope of services: Prepare work associated with the design of the new vehicle storage buildings. INFORMATION PROVIDED BY OWNER The following information will be provided by the owner. 1. Any available infom~ation regarding the site, including old plans of the original treatment facility and any other improvements located within the project area. 2. Based upon previous projects, it is anticipated that there may be on-site soils that have low structural strength and may require a geotextile reinforced pavement section. The Owner will dig test holes throughout the project limits to identify existing soils conditions. The Engineer will observe these test holes and provide a recommendation as to the existing soils suitability for support of the new pavement, or whether a geotechnical engineer will be required. Special geotechnical services, if required, will be provided as a supplement to this agreement. 3. Speck ordinance requirements for building set-backs, landscaping and lighting. 4. A copy of the joint agreement between the City of Meridian and the Ada County Highway District for the existing storm drain system. 5. The owner will pay for all review fees and fees associated with the Joint Application for Permit and agreement with the Nampa Meridian Irrigation District. TIME OF COMPLETION The site survey and preparation of the concept plan will be completed within 60 calendar days of the notice to proceed. Final plans and specifications will be completed within 60 calendar days of approval of the concept plan. COMPENSATION The Not-To-Exceed amount for this Task Order No. 0726a is Two Thousand Four Hundred and Twenty Dollars ($2,420). CITY OF MERIDIAN BY: ~, ~~.-- ~lc~ TAMMY EERD, MAYOR ,« <<, u ~ i ~„~~ Attest: _~ayc~ }fq . ~~j . ~`o S~rAL F RK ~~ '! t~ ~ ~~, ENGINEER BY:' '~ ~~ M Y A. BUR ESS, VICE PRESIDENT by City Council: o (Date) Maas TASK ORDER N0.0726 CITY OF MERIDIAN (OWNER) AND CIVIL SURVEY CONSULTANTS INC. (ENGINEER) 0~21~ This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated November 8, 2006. CITY OF MERIDIAN MERIDIAN WATER DIVISION FACILITY -PHASE 2 PURPOSE The Engineer's scope of services, time'of completion and compensation shall be as set forth herein. Services shall generally be described as Engineering Consulting Services. TASK 0726.01 -Design and Construction Per the City's request, the Engineer will provide professional engineering services related to the design and construction of the Meridian Water Division -Phase 2 project located at the northerly end of NW 8~' Street. The engineer proposes to provide the following under this scope of services: 1. Provide an Engineers Estimate for the complete project. 2. Perform a site survey for the area lying within the existing perimeter fencing and northerly of the recently completed Phase 1 improvements including the newly completed edge of pavement, curb match points and other features as necessary for continuation of the project. The field survey will also include surface features between the northerly fence line and the north bank of Five Mile Creek. Afield survey of the Phase 1 improvements and other existing site features lying south of the Phase 1 improvements will not be provided under this scope of services. 3. Meet with Meridian Planning and Zoning staff to establish appropriate building set-backs and landscaping requirements for the proposed improvements. 4. Prepare a conceptual plan for additional equipment storage buildings, paving, vehicle parking, drainage improvements and landscaping within the surveyed area. Submit the conceptual plan to the Meridian Water Department, Planning and Zoning Department, and Public Works Department for review and approval prior to proceeding with final design. 5. Provide updated Engineers Estimate for the complete project. 6. Prepare plans and specifications for construction of new pavement, 7. parking, drainage and landscaping improvements according to the approved concept plan. New landscaping wilt be based upon the landscaping plan provided for the Phase 1 improvements and will continue the planting pattern and species as required for the Phase 2 improvements. Design and construction of the new storage buildings will be provided under a separate contract and is not included in this scope of services. 8. Prepare plans and specifications for a potable water system flush connection discharging to Five Mile Creek. It is the Owner's intent to utilize an existing pipe from the abandoned wastewater treatment facility that is connected to Five Mile Creek for this purpose. This project will include establishing whether this pipe may be utilized for this purpose, and designing a water system connection with an air-gap for flushing purposes. This flush line connection will require the preparation of a Joint Application for Permit and coordinating an agreement with the Nampa Meridian Irrigation District. 9- Submit the construction plans and specifications to the Meridian Water Department, Planning and Zoning Department, and Public Works Department for review and approval. Na approvals from outside agencies are required for this work. 10. Assist the City of Meridian in advertising the project for bids, be available to answer questions during the pre bid period, attend the bid opening, and assist in the award of the contract. 11. Answer questions during construction. Field survey as-constructed improvements and prepare record drawings as per the City of Meridian Acceptance of Record !Electronic Drawings policy dated February 7, 2oa7. 12. Alf construction contracting, administration and inspection will be provided by the City of Meridian. 13. The site was once occupied by Meridian's wastewater treatment facility. As such there may be buried pipes, foundations and structures for which no record information is available and which are not visible at the ground surtace. The Engineer will make an effort to identify the location of possible buried conflicting features from available record Information and show these features on the construction plans. The Engineer makes no guarantee that all buried conflicting features wilB be ident~ed on the plans. 14. This site has an existing storm drainage retention basin that was constructed in 1998. The basin handles storm run-off from the Water Division site as well as drainage from NW 8"' Street, which is controlled by the Ada County Highway District. The original design sized the basin fora 100-year event assuming that the entire Water Division site was paved or impervious. It is the intent of this project to retain the existing basin configuration. Should modifications be required to the basin the existing storage volume will be preserved. This scope of services is based upon the assumption that no add~ional approvals are required from the Ada County Highway District for this project. INFORMATION PROVIDED BY OWNER The following information will be provided by the owner. 1. Any available information regarding the site, including old plans of the original treatment facility and any other improvements located within the project area. 2. Based upon previous projects, ft is anticipated that there may be on-site soils that have low structural strength and may require a geotextile reinforced pavement section. The Owner will dig test holes throughout the project limits to identify existing soils conditions. The Engineer will observe these test holes and provide a recommendation as to the existing soils suitability for support of the new pavement, or whether a geotechnical engineer will be required. Special geotechnical services, if required, will be provided as a supplement to this agreement. 3. Specific ordinance requirements for building set-backs, landscaping and lighting. 4. A copy of the joint agreement between the City of Meridian and the Ada County Highway District for the existing stone drain system. 5. The owner will pay for all review fees and fees associated with the Joint Application for Permit and agreement with the Nampa Meridian Irrigation District. TIME OF COMPLETION The site survey and preparation of the concept plan will be completed within 60 calendar days of the notice to proceed. Final plans and specifications will be completed within 60 calendar days of approval of the concept plan. COMPENSATION The Not-To-Exceed amount for this Task Order No. 726 is Fourteen Thousand Eight Hundred Eighty and 00/100 dollars ($14,880.00). The hourly rate for services and direct expenses is per the previously approved Prevailing Fee Schedule Effective October 1, 2006, and by this reference made a part hereof. CITY OF MERIDIAN TAMMY d EERD, MAYOR Attest: WILLIAM G. BERG, J ., CITY ENGINEER ---~~` BY: IMOTi' Y A. BURG S ~' "~~~ ~ VICE P ' •• ~~;- s-_~:~*~. RESIDENT -3.4 ~.-+~ .w.~.. y '. ` iy`~` \ ,' , ' - ~- i ~• -~-- ~ ~ AppfpYed ~y City Council: Zv ja `~'~ ~ ` r (Date ~ ~~. ~,. Civil Survey Consultants Man-Hour And Fee Estimate City of Meridian Task Order No. 726 Meridian Water Division Facility . ah~e® $14,880.00 Meridian -ashorder07~g,~ $14,880,00 Total Estlmated Fees • Ci ty of Mer idi an Pu bl ic Wor ks D ept. 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: 3/10/2008 ~~~~~ A~~ ~ ~ ~~0 ~it~. ~~e~k ~~ce Re: Proposed Agenda Item for April 15, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the April 15, 2008 City Council agenda, under Consent Agenda, for Council's consideration: Water Division Facility Phase 2 (Design) Task Order 0726a Attached is Task Order 0726a with Civil Survey Consultants, Inc. to provide professional services related to the design and construction of the new vehicle storage buildings associated with the Meridian Water Division Facility, Phase 2 project. The Task Order is for $2,420.00. Recommended Council Action: The Public Works Department recommends that City Council approves and signs Task Order 0726a with Civil Survey Consul~nts, Inc. for the of the design and construction of the vehicle storage buildings associated with the Meridian Water Division Facility, Phase 2 project. Thank you for your consideration. I will send originals for signature after your consideration. Please contact me if you have any questions. • Page 1 • . TASK ORDER N0.0726a CITY OF MERIDIAN (OWNER) AND CIVIL SURVEY CONSULTANTS INC. (ENGINEER) This Task Order is an addendum to Task Order No. 0726 issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreement between the above named parties dated November 8, 2006 from Task Order No. 0726. CITY OF MERIDIAN MERIDIAN WATER DIVISION FACILITY -PHASE 2 PURPOSE The Engineer's scope of services was expanded to prepare work associated with design of the new vehicle storage buildings. Services shall generally be described as Engineering Consulting Services. TASK 0726.01 -Design and Construction Per the City's request, the Engineer will provide professional engineering services related to the design and construction of the Meridian Water Division -Phase 2 praject located at the northerly end of NW 8~' Street. The engineer proposes to provide the following under this scope of services: Prepare work associated with the design of the new vehicle storage buildings. INFORMATION PROVIDED BY OWNER The following information will be provided by the owner. 1. Any available information regarding the site, including old plans of the original treatment facility and any other improvements located within the project area. 2. Based upon previous projects, it is anticipated that there may be on-site soils that have low structural strength and may require a geotextile reinforced pavement section. The Owner will dig test holes throughout the project limits to identify existing soils conditions. The Engineer will observe these test holes and provide a recommendation as to the existing soils suitability for support of the new pavement, or whether a geotechnical engineer will be required. Special geotechnical services, if required, will be provided as a supplement to this agreement. 3. Specific ordinance requirements for building set-backs, landscaping and lighting. 4. A copy of the joint agreement between the City of Meridian and the Ada County Highway District for the existing storm drain system. 5. The owner will pay for all review fees and fees associated with the Joint Application for Permit and agreement with the Nampa Meridian Irrigation District. TIME OF COMPLETION The site survey and preparation of the concept plan will be completed within 60 calendar days of the notice to proceed. Final plans and specifications will be completed within 60 calendar days of approval of the concept plan. COMPENSATION The Not-To-Exceed amount for this Task Order No. 0726a is Two Thousand Four Hundred and Twenty Dollars ($2,420). CITY OF MERIDIAN BY TAMMY de WEERD, MAYOR Attest: ENGINEER BY: r % l M Y A. BUR ESS, VICE PRESIDENT WILLIAM G. BERG, JR., CITY CLERK Approved by City Council: (Date) • April 11, 2008 MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT ITEM NO. 5-(J REQUEST South Area Lift Station and Pipeline Project Amendment No. 4 with CH2M HILL for $86,000 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ~ CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properfy of the CHy of Meridian. ~. a• vas - U tk~- AMENDMENT No. 4 TO THE Pro, ~'o7S~ AGREEMENT FOR DESIGN SERVICES FOR THE CITY OF MERIDIAN BITTER CREEK LIFT STATION AND PIPELINES PROJECT BETWEEN CITY OF MERIDIAN AND CH2M HILL, INC. This Amendment is entered into by and between City of Meridian (OWNER) and CH2M HILL, Inc. (ENGINEER). A. OWNER and ENGINEER entered into an Agreement (AGREEMENT) for Engineering Services for the City of Meridian Mason Creek Lift Station and Pipelines project, dated January 3, 2(106. B. Article 5.10, of the AGREEMENT provides that the AGREEMENT may be amended by written amendment to the AGREEMENT as agreed to by OWNER and ENGINEER. C. OWNER and ENGINEER desire to amend the AGREEMENT. Now, Therefore, the parties agree to the following modifications: See Attachments A and B. All other terms and conditions of the original agreement wilt remain in full force and effect. IN WITNESS WHEREOF, the parties execute below: For CH2M HILL, Inc. dated this By: For City of Meridian ,~ dated this ~ day of By: de Attest: ~ = ---~ Jaycee Hol an City Clerk _ Approved By City Council: APr,) I S~ ZooB y`,2~fYiYri~i~,~.,. ~~~~~~ ~ ~~~i ~` ~{ '''i ~~r s 7 1~~ ~` -~~.+IVTi p ~` • Attachment A Scope of Services Project Understanding The City is planning for a lift station near the intersection of Amity and Lindy Roads to service the south Meridian area, including the Bitter Creek development. The use of this facility will be to convey flows through new pipelines to a new gravity system on Ten Mile Road just south of the i-84 freeway. Approximately 2.25 miles of new dual force main will be included in this project. CI I2M HILL has been asked to revise the design of the Bittercreek Lift Station and Pipelines project to accommodate a 501ot subdivision expandable to 3,000 lots. In addition, the design of a 12 and 16-inch waterline has been added to the project. Permits from IDEA Ada County (CUP). ACHD, and USCOE will have to be obtained. Scope of Work CH2M HILL will perform the tasks for the redesign of the Bitter Creek Lift Station and forcemains as outlined below. Task 1-Project Management 1.1 Staff Management and Task Coordination Project management will consist of supervising project staff, holding consultant staff coordulatlon meetings as required, documenting meeting decisions and action items, and assigning activities to team members. 1.2 Monitor Project Progress Monitor project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion. Monitor project activities for potential changes, anticipate changes when possible, and with City approval, modify project tasks, budgets, and approach. 1.3 Invoices Prepare and submit a monthly billing with backup documentation, per the agreement. Prepare invoices for services performed on a monthly basis, including a summary of work completed and work to be completed for the coming month. 1.4 Project Quality Control Perform project quality control reviews of all deliverables on this project. Senior technologists will be involved in the work tasks from the start and perform these final reviews. 1.5 Opinion of Probable Costs. Opinions of probable construction cost will be prepared for each review meeting. Capital costs include construction costs, associated engineering and construction services costs, Iegal and administrative cost, sales tax, and appropriate contingency. Task 2-Revise Flows, Pump and Pipe Sizing, and Alignments CH2M HILL will recalculate flows at existing and future conditions, resize pumping equipment, resize dual force mains, and revise pipeline alignments. Gone-page technical memorandum will be provided to document this effort. A brief meeting will take place to discuss and approve this work. Task 3-Permitting CH2M HILL will obtain IDEQ, Ada County CUP, ACI-1D, Boise Board of Water Control, and USCOE permits required to construct this project. Task 4 Design 4.1 Pumping System Evaluations Based on the results of Task 2, develop system curves for use with the pump selection process. Make selection of pumps considering design flows. Select first stage pump vendor. 4.2 Electrical and Instrumentation Evaluations. Revise the required electrical power components for the lift station. Determine the requirements for power feed to the station. Develop one-line diagram for the facilities. Resize emergency generator if needed. 4.3 Prepare Plans and Specifications Develop horizontal and vertical alignments of the dual forcemain within the public ROW of Amity Road and Ten Mile Road. Manhole designs and force main details will be developed. Develop horizontal and vertical alignments of the waterline within the public ROW of Amity Road and Ten Mile Road. Waterline details such as air release valves, trench sections and paving details will be included. Lift station site plan, landscaping plan, and paving and grading plans will be provided. Mechanical and electrical plans, sections, and details of the lift station and odor control facilities will be developed. The following is the anticipated list of drawings: Cover/ Vicinity and Location Maps/Force Main Location Map Abbreviations r~ • General Notes and Civil Legend • Mechanical Legend • Lift Station Site Plan • Civil Details -1 • Civil Details - 2 • Twelve force main Plan and Profile Sheets • Twelve waterline Plan and Profile Sheets • Generator Pad Structural Drawing • Generator Pad Structural Details • Lift Station Mechanical Details • Generator/Odor Control Mechanical Plan and Details • Standard Mechanical Details • IIectrical Legend/One Line Diagram • Electrical Site Plan • Electrical Standard Details -1 • Electrical Standard Details - 2 i Specifications will be prepared using CH2M DILL standard specifications including CHZM HILL standard front end specifications. 4.4 Project Review Meetings Four copies of the 90% project documents will be provided for City review and comment. One brief review meeting at the 90% complete level. City Comments will be incorporated into the project documents. 4.5 Agency Approval Once the 90°./o City comments are incorporated into the project documents, submittals for Agency approval to IDEQ will occur. We will follow the standard IDEQ checklist during design to facilitate IDEQ approval to construct. 4.6 Final Bid Documents Agency comments will be incorporated into the final Bid documents and one set of electronic and 4 sets of printed documents will be delivered to the City. Assumptions • City will provide the professional engineer to provide construction inspection and record drawing preparation. • I1DPE pipe will be used for the force main piping material • PVC will be used for the watermain material. Attachment 6 Compensation Level of Effort The task level of effort estimates are summarized in the following table. CH2M HILL has developed this level of effort estimate based on the work plan presented herein and assumptions stated previously. The fees will be billed as time and material, and will not exceed the total amount below without prior approval by the City. L®ve! of Effort Tesk ~scrlptlon 1 Project Management Total Task 2 Revise Pum , Pi $8'~ p pe, and Alignments 5,000 3 Permits 4 Design 15.000 Summary -All Tasks ~'~ $86,000 Schedule The schedule for design and CUP approval is anticipated to take 8-10 weeks. IDEA approval will take 4.6 weeks, and final Bid Document preparation an additional 2-3 weeks. • Ci ty of Mer idi an P ubl ic Wor ks De pt. Memo To: Jaycee Holman; Tara Green From: Clint Dolsby, P.E., Interim City Engineer CC: Thomas Barry, P.E., Public Works Director Date: 04/02/2008 Re: Proposed Agenda Items for April 15, 2008 Ciiy Council Meeting ~~' ~ ~a ~ 2000 e~ity ®f I11~eridian City Clerk 6~fl~ce The Public Works Department respectfully requests the following item be placed on the April 15 City Council agenda, under Department Reports, for Council's consideration: South Area Lift Station and Pipeline Proiec~ Amendment No 4 CH2M HILL has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $86,000. This is an extension of the South Area Lift Station and Pipeline Project agreement approved by City Council on the 3'~ of January, 2006. This project provides engineering services for the final design of a lift station, pressure sewer and waterline in the south area for the Bittercreek Development. Recommended Council Action: The Public Works Department recommends that City Courtcll approves the contract for the South Area Lift Station and Pipeline Project Amendment No. 4 with CH2M HILL for $86,000 and authorize the Mayor to sign it. Thank you for your consideration. Please contact me if you have any questions regarding any of these items. • ~~~~~ • Page 1 • • AMENDMENT No. 4 TO THE AGREEMENT FOR DESIGN SERVICES FOR THE CITY OF MERIDIAN BITTER CREEK LIFT STATION AND PIPELINES PROJECT BETWEEN CITY OF MERIDIAN AND CH2M HILL, INC. This Amendment is entered into by and between City of Meridian (OWNER) and CH2M HILL, Inc. (ENGINEER). A. OWNER and ENGINEER entered into an Agreement (AGREEMENT) for Engineering Services for the City of Meridian Mason Creek Lift Station and Pipelines project, dated January 3, 2006. B. Article 5.10, of the AGREEMENT provides that the AGREEMENT may be amended by written amendment to the AGREEMENT as agreed to by OWNER and ENGINEER. C. OWNER and ENGINEER desire to amend the AGREEMENT. Now, Therefore, the parties agree to the following modifications: See Attachments A and B. All other terms and conditions of the original agreement will remain in full force and effect. IN WTI'NESS WHEREOF, the parties execute below: For CH2M HILL, Inc. dated this day of , 2008. By: Name Title For City of Meridian dated this day of By: Tammy de Weerd, Mayor Jaycee Holman City Clerk zoos. Approved By City Council: • Attachment A Scope of Services Project Understanding • The City is planning for a lift station near the intersection of Amity and Lindy Roads to service the south Meridian area, including the Bitter Creek development. The use of this facility will be to convey flows through new pipelines to a new gravity system on Ten Mile Road just south of the I-84 freeway. Approximately 2.25 miles of new dual force main will be included in this project. CH2M HILL has been asked to revise the design of the Bittercreek Lift Station and Pipelines project to accommodate a 50 lot subdivision expandable to 3,000 lots. In addition, the design of a 12 and 16-inch waterline has been added to the project. Permits from IDEQ, Ada County (CUP), ACRD, and USCOE will have to be obtained. Scope of Work CH2M HILL will perform the tasks for the redesign of the Bitter Creek Lift Station and forcemains as outlined below. Task 1-Project Management 1.1 Staff Management and Task Coordination Project management will consist of supervising project staff, holding consultant staff coordination meetings as required, documenting meeting decisions and action items, and assigning activities to team members. 1.2 Monitor Project Progress Monitor project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, and estimated cost at completion. Monitor project activities for potential changes, anticipate changes when possible, and with City approval, modify project tasks, budgets, and approach. 1.3 Invoices Prepare and submit a monthly billing with backup documentation, per the agreement. Prepare invoices for services performed on a monthly basis, including a summary of work completed and work to be completed for the coming month. 1.4 Project Duality Control Perform project quality control reviews of all deliverables on this project. Senior technologists will be involved in the work tasks from the start and perform these final reviews. C~ 1.5 Opinion of Probable Costs. • Opinions of probable construction cost will be prepared for each review meeting. Capital costs include construction costs, associated engineering and construction services costs, legal and administrative cost, sales tax, and appropriate contingency. Task 2-Revise Flows, Pump and Pipe Sizing, and Alignments CH2M HILL will recalculate flows at existing and future conditions, resize pumping equipment, resize dual force mains, and revise pipeline alignments, A one page technical memorandum will be provided to document this effort. A brief meeting will take place to discuss and approve this work. Task 3--Permitting " CH2M HILL will obtain IDEA Ada County CUP, ACRD, Boise Board of Water Control, and USCOE permits required to construct this project. Task 4 Design 4.1 Pumping System Evaluations Based on the results of Task 2, develop system curves for use with the pump selection process. Make selection of pumps considering design flows. Select first stage pump vendor. 4.2 Electrical and Instrumentation Evaluations. Revise the required electrical power components for the lift station. Determine the requirements for power feed to the station. Develop one-line diagram for the facilities. Resize emergency generator if needed. 4.3 Prepare Plans and Specifications Develop horizontal and vertical alignments of the dual forcemain within the public ROW of Amity Road and Ten Mile Road. Manhole designs and force main details will be developed. Develop horizontal and vertical alignments of the waterline within the public ROW of Amity Road and Ten Mile Road. Waterline details such as air release valves, trench sections and paving details will be included. Lift station site plan, landscaping plan, and paving and grading plans will be provided. Mechanical and electrical plans, sections, and details of the lift station and odor control facilities will be developed. The following is the anticipated list of drawings: • Cover/Vicinity and Location Maps/Force Main Location Map • Abbreviations C~ • General Notes and Civil Legend • Mechanical Legend • Lift Station Site Plan • Civil Details -1 • Civil Details - 2 • Twelve force main Plan and Profile Sheets • Twelve waterline Plan and Profile Sheets • Generator Pad Structural Drawing • Generator Pad Structural Details • Lift Station Mechanical Details • Generator/Odor Control Mechanical Plan and Details • Standard Mechanical Details • Electrical Legend/One Line Diagram • Electrical Site Plan • Electrical Standard Details -1 • Electrical Standard Details - 2 Specifications will be prepared using CH2M HILL standard specifications including CH2M HILL standard front end specifications. 4.4 Project Review Meetings Four copies of the 90% project documents will be provided for City review and comment. One brief review meeting at the 90% complete level. City Comments will be incorporated into the project documents. 4.5 Agency Approval Once the 90% City comments are incorporated into the project documents, submittals for Agency approval to 1DEQ will occur. We will follow the standard ]DEQ checklist during design to facilitate IDEQ approval to construct. 4.6 Final Bid Documents Agency comments will be incorporated into the final Bid documents and one set of electronic and 4 sets of printed documents will be delivered to the City. Assumptions • City will provide the professional engineer to provide construction inspection and record drawing preparation. • HDPE pipe will be used for the force main piping material • PVC will be used for the watermain material. • Attachment B Compensation Level of Effort The task level of effort estimates are summarized in the following table. CH2M HILL has developed this level of effort estimate based on the work plan presented herein and assumptions stated previously. The fees will be billed as time and material, and will not exceed the total amount below without prior approval by the City. Level of Effort Task Description Totat Task 1 Project Management $8,000 2 Revise Pump, Pipe, and Alignments 5000 3 Permits 15,000 4 Design 58,000 Summary -All Tasks $86,000 Schedule The schedule for design and CUP approval is anticipated to take 8-10 weeks. IDEQ approval will take 4-6 weeks, and final Bid Document preparation an additional 2-3 weeks. April 1 1, 2008 MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT ITEM NO. S-V REQUEST Pressurized Irrigation Memorandum of Agreement with Brighton Corporation for Paramount Commercial Southwest Subdivision No. 1 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~ • After recording, please return to: ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 8 Brighton Corporation BOISE IDAHO 04/24/08 03:13 PM 12601 'VV. Explorer Drive, Suite 200 DEPUTY Bonnie Ober611Ng III I'II'I'IIIIIII'IIII'lll~ll~'lll f II Boise, Idaho 83713 RECORDED-REQUEST OF 10t3~48~~0 1 Attn. Legal Department Merldfen City MEMORANDUM OF AGREEMENT (Domestic Water Use) THE CITY OF MERIDIAN USTICK MARKF,TPLACE LLC. THIS MEMORANDUM OF AGREEMENT ("Agreerxtent"} is entered into this by and between the City of Meridian, by and through its Public Works Department, hereinafter referred to as "City", and Ustick Marketplace LLC, an Idaho limited liability company, hereinafter referred to as "Developer." The "Effective Date" of this Agreement shall be the date of the last signature required for the full execution of the Agreement. 'WHEREAS, the Developer owns certain real property designated as Paramount Commercial Southwest Subdivision No. 1, and located in Ada County, Idaho, as described on Exhibit A attached hereto and incorporated by reference, hereinafter referred to as the "Project", which Project will be a commercial development, and, WHEREAS, the Developer will plat the Project in phases, and the current phase, located at the northeast corner of the intersection of McMillari Road and Linder Road, is nat adjacent to an existing pressurized irrigation system, and will not have access to a pressurized irrigation system until the Developer plats the later phases of the Project, ar the Developer plats the residential phases of the future Paramount Subdivision adjacent to the east of the Project. NOW, THEREFORE, in consideration of the foregoing, the Developer and the City do hereby agree as follows: Connection to Pressurized Irrigation S ss~. The City permits the Developer to connect the phases of the Project to the City's domestic water system, for the purpose of providing pressurized irrigation to landscape buffers, common azeas, and individual lot landscaping to the phases of the Project until such time as the Project has access to a pressurized irrigation system by the earlier of either of the following events: (a) the Developer plats subsequent phases of the Project enabling connection of the Project to a MEMORANDUM OF AGREEMENT -1 pressure irrigation system; or (b) the Developer plats the residential phases of the future Paramount Subdivision adjacent to -the east of the Project. At soon as reasonably practicable after such event, the Developer shall connect to the pressurized irrigation system available, and will disconnect from the City's domestic water system. Pa~yment of Costs. The Developer shall be responsible at its sole cost and expense for all amounts incurred to install, connect, and disconnect to and from the domestic water system as contemplated in this Agreement. Term of A ement. Upon Developer's connection to the pressurized irrigation system and disconnection from the City's domestic water system as provided above, this Agreement shall automatically terminate and be of no furthex force or effect. Notwithstanding the foregoing, if this Agreement is not previously terminated as provided above, this Agreement shall automatically terminate three (3) years from the Effective Date, unless the City and the Developer execute and record an extension of this Agreement in the records of Ada County, Idaho. Upon Developer's request, the City agrees to execute a document evidencing the automatic termination of this Agreement, which may be recorded at the Developer's discretion, in the records of Ada County, Idaho. IN WITNESS WHEREOF, the porkies have hereunto caused this Agreement to be executed, on the day and year first above written. CITY: DEVELOPER: City of Meridian Ustick Marketplace LLC, an Idaho limited liability company P/I ` ~i~7r~ `r ~ii' ~~ ~+ ~y y: ~• ' . ,Member Date: ( p2~ o7d 0 0 Date:_ y~~~' - ,```~~t~Nttit~rrrlrrr/r T7 ~~ ATTEST: .~`~~ 'I '''% ,T~ ~.. o SAL - City Clerk = .~ 9 ~~ y T `~~ Date: r ~I ~~~ ts~t • ~ `"'+,~ f `~~~. i~ , ~~ MEMORANDUM OF AGREEMENT - 2 • STATE OF IDAHO ) }SS. COUNTY OF ADA } On this day of ~ ~ , 2008, before me, a Notary in and for said State, personally appeared ~~ t lmown or identified to me, to be the ~Q1 ~ of the TTY OF MERIDIAN that executed the instrument or the persan who ecuted the instrument on behalf of said city and acknowledged to me that such city executed the same. IlV WITNESS WI~REOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. +~'~•~~ ~ ~ Q ~ ~~ • ~ ~~' ~ ~ ; Natuy Public for Residing at ~. ~~ : My commission expires M ~~ ~ ~~OI •~ • ~~ ~! STATE OF IDAHO ) }sS. COUNT'' OF ADA ) On thisday of Acr`~ i , 2008, before me, a Notary in and for said State, personally appeared ~j '~ CG. ~ n(1Q1'1, known ar identified to me, to be the e1 }~1 °1~r 1~ of he CITY OF MERIDIAN that executed the instrument or the persan wh~ executed the instrument on behalf of said city and acknowledged to me that such city executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written: ~~~~ ~r~~~~'+ ~ ~ `~ • • ~ ~ ; . ~ . s . ~ MEMORANDUM OF AGREEMENT - 3 otary Public for Residing at ~ !~ lJ~eLi .. ~~ My commission expires - • • STATE OF IDAHO ) )ss. COUNTY OF ADA ) On this da of 1'-I ~ , 20D8, before me, a Notary in and for said State, personally appeared ~ ,known or identified to me, to be the manager or a member of USTICI~ MA.RKETI'LACE LLC, an Idaho limited liability company, the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offiiicial seal the day and year in this certificate first above written. ~~T~r •+~ pv~rtiic ~J'~9TF OF ~pP~4 .,,_ My commission expires MEMORANDUM OE AGREEMENT - 4 pa "~i nf~„ Exhibit A Legal Description of Project • MEMORANDUM OF AGREEMENT - 5 ~ _ ( n p ~L ~ ~ ~ ~ ~ Professional Engineers, land Surveyors and Planners ~ ~ ~ '~ 314 Badiala St. Caldwe4, {D 83645 ~~ ~ f ~ ~ ~n~ Ph (208) 454-0256 Fax (20$} 454-4979 e-mail: dholzhevna.msens.us FOR: Brighton Corporation JOB NO.: dNp 106 DATE: November 1, 2007 PAA fiT ~ A parcel of land being a portion ofthe SW1/4 SWl/4 of Section''Z~`g'~ship 4 North, Range 1 Nest; Boise Mezidian, Ada County, Idaho, more particularly described as follows: Commencing at the southwest corner of squid SWl/4 SWl/4, said corner lying N S9° 24' 33" W a distance of 2681.80 feet from the southeast corner of the S'aV'1/4; Thence N 00° 24' S6" E a distance of 91.88 feet along the west boundary of said SWl/4 SR71/4 to a point; Thence S 89° 35' 04" E a distance of 38.00 feet perpendicutaor m said west boundary to a point on the easterly right of way of N. Linder Road, said point being the P()IlVT OF BEGINNING; Thence N 00° 24' S6" E a distance of 207.25 feet parallel with the west lmundary of said SWl/4 SW1/4 and along the easterly right of way of N. Linder Road to a point; 'Thence leaving said easterly right of way S 89° 35' 04" E a distance of 632.60 feet perpendicular to the west boundary of said 5W1/4 SWl/4 to apoint; Thence S 00° 26' 44" W a distance of 266.7 8 feet to a point on the northerly right of way of W. McMillan Road; Thence along said northerly right of way of W. McMillan Road the following courses and distances; Thence N 89° 24' 33" W a distance of 401.47 feet parapet with the south boundary of said S'~Vl/4 SW1/4 to a paint; Thence N 82° 17' l 2" W a distance of 9b.78 feet to a point; Thence N 89° 24' 33" W a distance of 90.00 feet parallel with the soutlx boundary of said SWl/4 SWl/4 to a point; Thence N 44° 29' 49" W a distance of 63.74 feet to the POINT OF BEGINI~TXN'G; This parcel contains 3.777 acres mare or less. n u ~~E IDIAN- ~~i,~ «~~~ irry.~g~«~a~ pity ~lerl~ ~flsce Internal Memo To: Jaycee Holman; Tara Green From: Bruce Freckleton, Development Services Manage CC: File Date: 4/4/07 Re: Proposed Consent Agenda Item for the April 15th City Council Meeting The Development Services Division of the Public Works Department respectfully requests the following item be placed on the April 15th City Council agenda, under Consent Agenda, for Council's consideration: Pressurized Irrigation Memorandum of Agreement with Brighton Corporation for Paramount Commercial Southwest Subdivision No. 1 This agreement is for the temporary connection of and use of municipal water for the irriga#ion of landscaping until such time as this development can be tied into the existing pressurized irrigation system within the Paramound Subdivision. Recommended Council Action: The Development Services Division recommends that City Council approves the Pressurized Irrigation Memorandum of Agreement with Brighton Corporation for Paramount Commercial Southwest Subdivision No. 1. Thank you for your consideration. Please contact me if you have any questions regarding this item. From the desk o£.. BruoeA. Freckteton Development3ervicxs Manager Meridian Public Works Depaitinent 660 Is. Watertower i a,~ Suite 200 Meridian, Idaho 83042 (208) 898-5500 • Page 1 Fax' (208) 898-55oi • ~~~ BRIGHTON CORPORATION April 2, 2008 Bruce Freckleton Development Services Manager Meridian Public works Department 660 D. Watertower, Suite 200 Meridian, ID 83642 Re: Paramount Commercial Southwest Subdivision No. 1 Pressure Irrigation Memorandum of Agreement Dear Mr. Freckleton: The enclosed Memorandum of Agreement establishes the means for providing interim pressure irrigation to Paramount Commercial Southwest Subdivision No. 1 pending availability of that service from the adjacent Paramount Subdivision in the future. It has been reviewed by both the City and Ustick Marketplace, project owner and developer, has been executed by the owner, and is provided herewith for approval and execution by the City. Please let me know if you have any questions. Sincer Iy, Michael D. Wardle Director of Planning Cc: Ustick Mazketplace LLC Michael Marcheschi Jay Walker Enclosure Bri/,~/rtoir Corporation 12b01 W. Explorer Dri-~e, Suite 200, Boise, Idaho 8.1713 N~ws~:brit~htoncorp Cp/i1 Tel. (208) 378-4000 Fnx (208) .i77-8962 • • After recording, please return to: Brighton Corporation 12601 W. Explorer Drive, Suite 200 Boise, Idaho 83713 Attn. Legal Department MEMORANDUM OF AGREEMENT (Domestic Water Use) THE CITY OF MERIDIAN AND USTICK MARKETPLACE LLC THIS MEMORANDUM OF AGREEMENT ("Agreement") is entered into this by and between the City of Meridian, by and through its Public Works Department, hereinafter referred to as "City", and Ustick Marketplace LLC, an Idaho limited liability company, hereinafter referred to as "Developer." The "Effective Date" of this Agreement shall be the date of the last signature required for the full execution of the Agreement. WHEREAS, the Developer owns certain real property designated as Paramount Commercial Southwest Subdivision No. 1, and located in Ada County, Idaho, as described on Exhibit A attached hereto and incorporated by reference, hereinafter referred to as the "Project", which Project will be a commercial development, and, WHEREAS, the Developer will plat the Project in phases, and the current phase, located at the northeast corner of the intersection of McMillan Road and Linder Road, is not adjacent to an existing pressurized irrigation system, and will not have access to a pressurized irrigation system until the Developer plats the later phases of the Project, or the Developer plats the residential phases of the future Faramount Subdivision adjacent to the east of the Project. NOW, THEREFORE, in consideration of the foregoing, the Developer and the City do hereby agree as follows: Connection to Pressurized Irri atg ion System. The City permits the Developer to connect the phases of the Project to the City's domestic water system, for the purpose of providing pressurized irrigation to landscape buffers, common areas, and individual lot landscaping to the phases of the Project until such time as the Project has access to a pressurized irrigation system by the earlier of either of the following events: (a) the Developer plats subsequent phases of the Project enabling connection of the Project to a MEMORANDUM OF AGREEME:vT - 1 • pressure irrigation system; or (b) the Developer plats the residential phases of the future Paramount Subdivision adjacent to the east of the Project. At soon as reasonably practicable after such event, the Developer shall connect to the pressurized irrigation system available, and will disconnect from the City's domestic water system. Payment of Costs. The Developer shall be responsible at its sole cost and expense for all amounts incurred to install, connect, and disconnect to and from the domestic water system as contemplated in this Agreement. Term of Agreement. Upon Developer's connection to the pressurized irrigation system and disconnection from the City's domestic water system as provided above, this Agreement shall automatically terminate and be of no further force or effect. Notwithstanding the foregoing, if this Agreement is not previously terminated as provided above, this Agreement shall automatically terminate three (3) years from the Effective Date, unless the City and the Developer execute and record an extension of this Agreement in the records of Ada County, Idaho. Upon Developer's request, the City agrees to execute a document evidencing the automatic termination of this Agreement, which may be recorded at the Developer's discretion, in the records of Ada County, Idaho. IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to be executed, on the day and year first above written. CITY: DEVELOPER: City of Meridian Ustick Marketplace LLC, an Idaho limited liability company Date: • ~`rr,' ~ 6~ii' GGC y ~ ,Member Date: y~/off ATTEST: City Clerk Date: MEMORANDUM OF AGREEMENT - 2 ! • STATE OF IDAHO ) )ss. COUNTY OF ADA ) On this day of , 2008, before me, a Notary in and for said State, personally appeared ,known or identified to me, to be the of the CITY OF MERIDIAN that executed the instrument or the person who executed the instrument on behalf of said city and acknowledged to me that such city executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Residing at My commission expires STATE OF IDAHO ) )ss. COUNTY OF ADA ) On this day of , 2008, before me, a Notary in and for said State, personally appeared ,known or identified to me, to be the of the CITY OF MERIDIAN that executed the instrument or the person who executed the instrument on behalf of said city and acknowledged to me that such city executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Residing at My commission expires iVIEMORr1iYDUM OF AGREEMENT - 3 • • STATE OF IDAHO COUNTY OF ADA )ss. T On this day of r, J , 20D8, before me, a Notary in and for said State, personally appeared -~_, known or identified to me, to be the manager or a member of USTICK MARKETPLACE LLC, an Idaho limited liability company, the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~T~} ~. pv>d41~ ~~9TF of 1~~~0 My commission expires MEMORANDLtiI OF AGREEMENT - 4 Exhibit A Legal Description of Project MEMORANDG'M OF AGREEMENT - 5 aS~ j"1 Professional Engineers, Land Surveyors and Planners ,,~ r 314 Badioia St. Caldwell, ID 83605 ~G~~1 l~~~r~ ~s,c. Ph (208} 454-0256 Fax (208 454-0979 } e-mail: dholzhev(c~msena.us FOR: Brighton Corporation JOB NO.: JNO ] 06 DATE: November 1, 2007 PHASE 1 A parcel of land being a portion of the SW 1/4 SW 1/4 of Section ~ ~r West, Boise Meridian, Ada County, Idaho, more particularly described as ffo lows off' Range 1 Commencing at the southwest corner of said SWl/4 SWl/4, said corner lying N 89° 24' 33" W a distance of 2681.80 feet from the southeast comer of the SWl/4; 'Thence N 00° 24' S6" E a distance of 91.88 feet along the west boundary of said S W 1 /4 SW 114 to a point; Thence S 89° 35' 04" E a distance of 38.00 feet perpendicular to said west boon to a the easterly right of way of N. Linder Ro ~' Point on ad, said point being the POINT OF BEGIN1vING; Thence N 00° 24' S6" E a distance of 207.25 feet parallel with the west boundary of said SWI/4 S W 1 /4 and along the easterly right of way of N. Linder Road to a point; Thence leaving said easterly right of way S 89° 35' 04" E a distance of 632.60 feet Perpendiculaz to the west boundary of said SWl/4 SWl/4 to a point; Thence S 00° 26' 44" W a distance of 266.18 feet to a point on the northerly right of way of W. McMillan Road; Thence along said northerly right of way of W. McMillan Road the following courses and distances; Thence N 89° 24' 33" W a distance of 401.47 feet parallel with the south boundary of said SW1I4 SW1/4 to a point; Thence N 82° 17' l 2" W a distance of 96.78 feet to a point; Thence N 89° 24' 33" W a distance of 90.00 feet parallel with the south boundary of said SWI/4 S W 1/4 to a point; Thence N 44° 29' 49" W a distance of 63.74 feet to the POINT OF BEGINNIloIG; This pazcel contains 3.777 acres mare or less. • April 11, 2008 MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT ITEM NO. S-W REQUEST Economic Development Coordinator Agreement between the City of Meridian and Virtus Enterprises, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the Clfy of Meridian. • ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC THIS AGREEMENT, effective the~~day of~ i_~ 200$, by and between the CITY of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and VIRTUS Enterprises LLC doing business and hereinafter referred to as "VIRTUS", 2043 E. Redwick, Meridian, Idaho 83642, a limited liability corporation organized under the laws of the State of Idaho. 1. Scope of Services: VIRTUS has designated a primary team to serve the needs of this Agreement. That team is identified as: Phil Stiffler, Sr. -Project Team Leader Josh Grant -Project Execution Specialist Phil Stiffler, Jr. -Founder and CEO, VIRTUS Enterprises, LLC Other team members shall be assigned as necessary to assist in execution support, tracking, marketing support, and communications as required. The team shall be the CTTY's contact and shall be accountable to the City and the conditions of this Agreement, with primary communication responsibility falling on the Project Team Leader. Any changes to the Project Team Leader shall require the Mayor and Council consent. The CITY is aware and does contemplate that VIRTUS will hire other personnel and contract with other resources to serve the needs of this Agreement. Those decisions shall remain within the discretion of VIRTUS. VIRTUS shall perform all services, made a part of this Agreement and may receive additional duties as assigned that are consistent with the intent and objectives of this agreement. If VIRTUS believes the additional duties are outside the scope of the Agreement they must raise that issue to the Mayor as soon as reasonably possible. VIRTUS shall act under the direction and at the pleasure of the Mayor and CITY Council. They shall be responsible for coordination of the CITY's economic development strategy, which includes downtown economic development in cooperation with the Meridian Development Corporation (MDC) (as it relates to commercial and industrial development). VIRTUS's work is characterized by duties associated with planning, developing, managing, and completing economic development projects and programs; coordinating with business and development interests; and partnering with the business community for funding on specific projects. They will act as liaison with CITY departments and officials; and represent the CITY where appropriate in ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC -PAGE 1 OF 1 O • economic development meetings. The Mayor will provide VIltTUS with assignments in terms of broad practice, precedents, policies, and goals. Work may be reviewed by the Mayor and/or City Council for fulfillment of program objectives and conformance with City policy and practice. The focus of the Economic Development Coordinator shall be around five (5) primary areas that have been developed over the last year incorporated by reference and attached to this Agreement: • Business Enterprise Corridors • Engagements with Existing and Emerging Meridian Businesses • Positioning for Sustainable Economic Base • Target Marketing to Attract New Value-Added Business • Tracking Data/Information The general nature of the work involved as the Economic Development Coordinator shall include, but are not limited to the following areas: weekly business visits if that can be accommodated with the Mayor's schedule, coordinating the maintenance of a website, working on the development of the marketing materials and the continued efforts with the Medical/Health Sciences corridor. ;respond to business inquiries, Economic Development partners, developers and their projects; the South Meridian and Ten Mile planning activities as they relate to Economic Development and the necessary follow-up. VIRTUS will coordinate, when appropriate, with other CITY departments such as Building, Planning and Zoning, and the City Attorney's office. Additionally VIRTUS will coordinate, when appropriate, with the Meridian Chamber of Commerce or the Boise Valley Economic Partnership. VIltTUS agrees to, and does hereby grant the CITY the rights to reproduce use and disclose for CITY purposes, all or any part of the reports, data, technical information and client information furnished to the CITY under this contract. All information received by VIRTUS, during the course of this Agreement or the preceding Agreement between VIRTUS and the CITY shall be the intellectual property of the CITY, however obtained, and in whatever format obtained, shall be the property of the CITY. To the extent permitted by Idaho law, such information shall be confidential and therefore shall not be disclosed to third parties unless permission is first obtained from the Mayor. Upon termination of services provided under this agreement, VIRTUS shall promptly deliver all materials and equipment received by VIRTUS to the CITY. VIRTUS shall not retain any such materials or information in any form unless VIRTUS has received written permission from the CITY. Nothing herein shall be construed to violate ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC -PAGE 2 OF 10 • the Idaho Public Records Act. VIRTUS retains all rights to proprietary information received due to their existing relationship with AspireOn, Inc., Meridian Development Corporation (MDC), or other contracted partners. VIRTUS shall retain exclusive right to that information. This Agreement does not prohibit VIRTUS from engaging in other business agreements with other public or private enttities for matters unrelated to Economic Development. The City reserves the right to limit or exclude VIRTUS from entering into other Economic Development agreements during the term of this Agreement with other public entities. An agreement with the MDC is exempt from this prohibition. This Agreement in no way limits or prohibits the right of Virtus to contract with and perform Virtus services (other than Outsourced Economic Development functions) for entities in the Treasure Valley, even if Virtus is required to have contact and interaction with said entities as part of performing the duties outlined herein. VIRTUS may act as the spokesperson for the CITY in furtherance of this Agreement, but shall coordinate that effort with the Mayor's office. The CITY shall reserve the right to be the lead and spokesperson on any CITY related matter. Furthermore, the CITY shall approve and may provide the letterhead and business cards necessary for the furtherance of this Agreement to VIRTUS. If the City provides the business cards and letterhead it shall be at the CTTY's expense. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on September 30, 2008 unless earlier terminated or extended. 3. Indemnification and Insurance: VIRTUS shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by VIlZTUS, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. VIRTUS will provide services to the CITY and shall be liable for all acts of their employees while upon the premises of the CITY. Additionally, VIRTUS shall maintain Workers Compensation Insurance, in the statutory limits as required bylaw. VIRTUS shall provide the CITY with a Certificate of Insurance, or other proof of insurance evidencing VIRTUS's compliance with the requirements of this paragraph and file such proof of insurance with the CITY. In the event the insurance minimums are changed, VIRTUS shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the CITY Clerk with a copy to Meridian CITY Accounting, 33 East Idaho Avenue, Meridian, Idaho 83642. The CITY will further indemnify VIRTUS for any losses, claims, actions, or acts by the CITY, its agents or employees, taken in furtherance or related to the information provided from ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC -PAGE 3 of 10 • • VIRTUS. VIRTUS shall not be liable to the CITY and the CITY shall hold VIRTUS harmless for acts or omissions related to Economic Development efforts done prior to the effective date of this Agreement. 4. Independent Contractor: In all matters pertaining to this agreement, VIRTUS shall be acting as an independent contractor, and neither VIltTUS nor any officer, employee or agent of VIRTUS will be deemed an employee of CITY. VIRTUS shall maintain offices separate from the CITY. VIRTUS may have access and use of CITY conference rooms for meetings in furtherance of this Agreement. Any contacts that originate with the CITY in regards to Economic Development will be transmitted and communicated to VIRTUS in the most efficient and expeditious manner. 5. Reporting Relationships: VIlZTUS shall be compensated for their consulting services pursuant to and specified in attached Exhibit "A." For the purposes of contact for compliance with this Agreement VIlZTUS may deal exclusively with: Mayor Tammy DeWeerd City of Meridian 33 E. Idaho Meridian, ID 83642 At the Mayor's direction any information maybe simultaneously transmitted to the Mayor's staff. 6. Reporting: VIRTUS agrees to prepare and furnish a monthly activity report for payment of services by the CITY. The report shall consist of information that can be disseminated to the public and show the progress towards each of the five (5) primary areas described in paragraph 1. The first report shall be due at the end of January, 2007 and at the end of each subsequent month thereafter. VIRTUS further agrees to meet, at a minimum of, every other week with the Mayor to discuss progress and activities performed. In general the status report for this meeting will include details regarding: contacts made; inquiries regarding -new or expanding business, fielding of the original call, number of calls to collect information, materiaUpacket sent, follow-up on status, etc. VIRTUS fiirther agrees to provide a quarterly summary presentation to the City Council in a public meeting of progress and accomplishments related to the fulfillment of the terms of this Agreement. ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC -PAGE 4 of 10 • a 7. Compensation: VIlZTUS will receive a retainer of $7650.00 per calendar month for all services within the Scope of Services and accompanying attachments and incorporated herein by reference. If expectations are not being met by either party then the parties may Meet and Confer as contemplated by this Agreement. VIRTUS shall be responsible to provide a summary activity report of services provided on a monthly basis as described in paragraph 6. VIRTUS will be paid monthly. If this Agreement is entered into or terminated within a calendar month VIRTUS shall be entitled to a pro-rated portion of payment for that month. It is contemplated by the parties that VIRTUS may incur necessary expenses in the performance of their duties under the terms of this agreement. It is agreed upon by the parties that such day-to-day expenses include, but are not limited to, office supplies, general copying, and postage; business related types of expenses are included in the monthly retainer. The CITY will reimburse for previously authorized color copying and mailing of marketing materials. The CITY may also consider reimbursement for extraordinary expenses. This shall include but is not limited to large scale copying for mass mailings, development and printing of new marketing materials, conducting large scale seminars or workshops, travel outside of Ada or Canyon County for activities of such magnitude that they could not have been included in this Scope, but further the Economic Development intent of this Agreement. Any such request for reimbursement of extraordinary expenses, including but not limited to travel outside of Ada or Canyon County, and the associated registrations, fees, or costs of attending seminars, institutes, or conferences shall be brought separately for consideration before the City Council for specific authorization prior to incurring the expense. All appropriate receipts must be provided for reimbursement after approval. 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, addressed as follows: City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 ATTN: MAYOR'S OFFICE VIRTUS 2043 E. Redwick Meridian, Idaho 83642 ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC -PAGE 5 OF 1 O • Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing parry shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that VIRTUS shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Services required herein, VIRTUS shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of VIRTUS' S records with respect to all matters covered by this Agreement. VIRTUS shall permit the CITY to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement that are property of the CITY. VIRTUS does use material prepared and copyrighted for ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC -PAGE 6 OF 1 O their use in furtherance of this Agreement and contain proprietary information that derives separate individual economic value to VIRTUS. Those documents may not be reproduced without the express written consent of VIRTUS. Documents that are restricted by this condition must be clearly marked and identified by VIRTUS to claim this exclusion. Said proprietary materials shall remain the property of VIRTUS and utilization of such proprietary materials by the CITY outside of this Agreement or ongoing beyond the term of this Agreement would require a separate licensing agreement to be entered into by the parties. 16. Compliance with Laws: In performing the scope of services required hereunder, VIRTUS shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of VIRTUS' S compensation, which are mutually agreed upon by and between the CITY and VIRTUS, shall be incorporated in written amendments to this Agreement. 18. Renewal: No less than one hundred and twenty (120) days prior to the end of this Agreement VIRTUS may notify the CITY of their desire to enter into a new agreement with the CITY. Failing to do so is not a bar to a new agreement, but maybe considered by the CITY in their decision. The CITY may request information regarding any requested changes to the proposed Agreement upon renewal including but not limited to Scope of Work and Compensation. The Notice of desire to enter into a new agreement and the CTTY's request for information regarding changes to the agreement does not bind either party to a final agreement. It is contemplated by both parties to this Agreement that the intent of the Notice and Request are merely for exploratory purposes and both parties will have to enter into formal negotiations and consensus prior to the entering into a new Agreement. 19. Termination: For Cause: If, through any cause, VIRTUS, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, the CITY may immediately terminate this agreement with notice to VIRTUS. An accounting pursuant to this agreement can then occur to assure that proper payments or credits are accomplished. ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC -PAGE 7 of 10 Without Cause: If the Mayor and the City Council determine that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to VIltTUS of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. The City Council may also unanimously, without the consent of the Mayor, terminate this agreement without cause subject these provisions. VIRTUS may also terminate this agreement at any time by giving at least thirty (30) days notice to CITY. If the termination is within a calendar month the period of time shall extend to the end of the month beyond the thirty days. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by VIRTUS under this Agreement shall, at the option of the CITY, become the CTTY's property, and VIltTUS shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. This shall include apro-rated portion of the contract to the end of the termination period. Notwithstanding the above, VIRTUS shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by VIRTUS, and the CITY may withhold any payments to VIRTUS for the purposes of set-off until such time as the exact amount of damages due the CITY from VIRTUS is determined. This provision shall survive the termination of this agreement and shall not relieve VIlZTUS of its liability to the CITY for damages. 20. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. The parties also understand that VIRTUS has an existing Agreement with the MDC that is authorized by the CITY. The CITY may contract with VIlZTUS to perform other functions not included in the Scope of Services of this Agreement. Any such contemporaneous agreements shall also be in writing and maybe substantially similar to this Agreement. ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC -PAGE 8 OF 1 O • • 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the CITY of Meridian. 23. Meet and Confer: The parties to the Agreement hereby agree to meet and confer regarding any disputes that may arise in the course of this Agreement and to seek consensus. This provision shall not apply if the CITY wishes to terminate this Agreement for cause. If consensus cannot be reached then the parties have not waived any available remedies available by law or this Agreement, up to and including termination of this Agreement. 24. Approval Required: This Agreement shall not become binding until signed by VIRTUS, approved by the City Council, signed by the Mayor and attested by the City Clerk of Meridian. The parties agree that the effective date of this Agreement shall be from December 21, 2006. Dated this~~ day of ~~~~^~" , 200 VIlZTUS Enterprises, LLC er, S ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC -PAGE 9 OF 10 • Dated this day of , 200 CITY OF MERIDIAN BY: G~a%~it/~ TAMMY DE ERD, MAYOR Dated this ~~„ day of , 200 -J-`~ ```~~,~i<«n uir~r~ii ~~ ~ ~~~i Attest: ~~~``~~~ r ~'% .~ .~ F o r - ~~L YC HOLMAN., CITY CLERK ~ ~~ Q. ~ . °7~.y~ ~~` ECONOMIC DEVELOPMENT COORDINATOR AGREEMENT BETWEEN THE CITY OF MERIDIAN AND VIRTUS ENTERPRISES, LLC -PAGE 1 O OF 1 O ~~EI~IDIAN;-- Economic Excellence Mission The City of Meridian's mission is to be a premier place to live, work, and raise a family. We are committed to strategic execution for "Economic Excellence" in order to fulfill and sustain this mission by being recognized as a community that is: "Built for Business.....Designed for Living." Vision Our focus is on transforming Meridian into a 21st Century City positioned to support existing, emerging, and new businesses. We are positioning our economic landscape in 2008 to maximize business opportunities while providing an environment conducive to attracting and retaining a motivated workforce. Strategies & Objectives for Economic Excellence Page 1 of 8 • Directed Strategic Goals for Economic Excellence (Update operating plan activities through 10/1/08) To gain balance between primary (value-added) and secondary employers and industry sectors Business Enterprise Corridors/Development ~*Engagements with Existing & Emerging Meridian Businesses Positioning for Sustainable Economic Base ~kTarget Marketing to Attract Value-Added Business ~*Tracking Data/Information We envision our community enhanced with technology rich and diversified industries which have above average wage jobs. Meridian's focus on these strategic goals and activities will be instrumental in Meridian's evolution over the next ten years. Meridian's ongoing Economic Excellence will grow and prosper through: 1. Diversified and targeted business/industry growth (value added jobs in Meridian) 2. Infrastructure planning, strategic resource planning, and necessary execution 3. A continued commitment to a high quality of life 4. Expansion of an educated workforce 5. Commitment to the public safety and welfare of the citizens Meridian's vision as a city that is "Built for Business and Designed for Living" is real and ongoing. Strategies & Objectives for Economic Excellence Page 2 of S • . Business Enterprise Corridors Strategies: - Develop, coordinate, and implement marketing plans with stakeholders - Active targeted recruitment execution - Marketing plan/materials development and enhancement - Ongoing clarification and definition of focused industry clusters relative to corridor development - Assist with working on infrastructure needs to support corridors - Enhanced communication, collaboration, and messaging - Participation, engagements, and presentations to "tell the BEC's story for Meridian" Objectives: 1. Continue ongoing collaborative engagements with entities, developers, and stakeholders to ensure optimum integration of appropriate message. 2. Coordinate and enhance the branding /story with the Mayor's Office to optimize utilization of a selected PR firm to define game plan for proactive messaging by 6/15/2008 (maintain momentum and buzz). 3. Refine and implement a coordinated marketing strategy with stakeholders (Pinebridge, Portico, ISU, Hospital, and others) for the Health Sciences/Technology Corridor. Inclusive of strategic planning with key players to identify at least five targeted firms for recruitment by 6/15/2008. 4. Support and collaboratively assist MDC and related parties to focus on the Downtown Corridor marketing execution. 5. Develop integrated strategy for continued local, regional, and national exposure for the Ten Mile Corridor by 8/1/08. 6. Review results of the Northwest Corridor study by NNU and revise into draft plan for review by the Mayor by 7/15/2008 Strategies & Objectives for Economic Excellence Page 3 of 8 • • 7. In conjunction with related parities and marketing/PR representatives, develop additional marketing tools and presentation package outlining various corridors by 8/1/2008. Engagement with Existing and Emerging Meridian Businesses Strategies: - Facilitate and engage meetings with Meridian businesses - Engage participation from Meridian businesses in Economic Excellence efforts - Research and identify related resources for supporting Economic Excellence - Plan ongoing Economic Excellence meetings with Meridian businesses - Participate in supporting group activities (Chamber, BVEP, etc) Objectives: 1. Continue 10 business engagements per month (targeting 6 with Mayor if her schedule allows) 2. Planned quarterly Chamber Economic Excellence workshops (help drive topics for messaging and assist with sponsorship presentation design) 3. Maintain professional support to businesses -minimum of 4 follow- up contacts per month (detail in monthly activity report) 4. Continue visiting at least one larger employer per month for purpose of identifying related entities they view as potential to recruit to Meridian (detail contact in monthly activity report) 5. Professional responses to Economic Excellence related inquiries (detail in monthly activity report) 6. Active participation/support to Mayor reference BVEP Business Retention Committee efforts (report monthly) 7. Communicate and collaborate with various parties regarding feasibly for an Auditorium District or consideration for a Visitors and Convention Bureau by 9/1/08. Strategies & Objectives for Economic Excellence Page 4 of 8 • • Positioning for Sustainable Economic Base Working hard to distinguish Meridian as the City to live, work, and play Strategies: - Promote and tell the story of Meridian's Economic Excellence commitment - Coordination with Chamber, State, various other agencies, and colleges on outlined plan for enhancing workforce training - Quarterly communication to appropriate parties to secure ongoing support - Work with Building and Planning Departments to facilitate quality service and coordination of activities to customers - Engage and maintain relationships with community partnerships - Work as a liaison, catalyst, and relationship builder as needed for identified value projects - Workforce and professional development focus and action plans - Coordinator/Communication with necessary departments reference Quality of Life awareness (Parks and Recreation, Police/Fire) Objectives: 1. Maintain meetings with internal departments and external entities impacting positioning 2. Continue ongoing support and collaboration with major project representatives and stakeholders on a routine basis. (reported monthly) 3. In collaboration with MDC, identify 2 potential developers for Downtown by 5/15/2008 Strategies & Objectives for Economic Excellence Page 5 of 8 • 4. Participate and support coordination of the Mayor's Advisory Council on Workforce and Professional Development (attend meetings and assist in direction) 5. Ongoing meetings with businesses to identify workforce needs and attention to finding solution for those needs.(reported monthly) Target Marketing to Attract New Value-Added Business Strategies: - Participate in identified State and Boise Valley economic development groups/committees - Leverage opportunities for joint promotion and coordination with all stakeholders - Working with BVEP to maximize relationship - Coordinated and joint marketing efforts with existing businesses - Establish targeted marketing plan to regional markets - Concise package responses and reference sources to present to potential contacts and leads (customized as needed) Objectives: 1. Continue to leverage BVEP activities to maximum benefit to Meridian (ongoing meetings) 2. Updated marketing package ready for prospect contacts to the Boise Valley by 6/15/2008 3. Continue to respond to all inquires and deliver professional follow- up with marketing materials (report monthly) 4. Continued coordination with the State and BVEP on statewide and localized GIS initiative to maximize benefit to Meridian 5. Identify (with existing businesses) targeted trade shows for joint participation possibilities by 7/1/2008 6. Define and engage ISU School of Business in market research and economic impact planning (Health Sciences/Technology Corridor) by 8/1 /2008 Strategies & Objectives for Economic Excellence Page 6 of 8 • • 7. Complete initial enhancements and revisions to the Economic Excellence web pages (inclusive of connectivity to appropriate resources) by 8/15/2008 8. Establish identified entities to potentially have direct contact by 7/1/2008. Planned focused and target visits to prospects as identified. 9. Finalize (map) marketing tool for assisting in "telling the story" on where things are happening in Meridian. Strong demonstration of our diversified available infrastructure/developments. Tracking Data/Information Stogies: - Routine updates and collaboration with the Mayor - Maintain a current and updated list of activities on value projects - Continued enhancement of effective and professional Economic Development Website - Track why businesses are choosing, or not choosing, Meridian or Idaho - Statistical database of information maintained (develop best source of data available for new jobs and businesses in Meridian) - Research with State and Chamber ability to develop on inventory database of businesses Objectives: 1. Continue quarterly communication and monthly activity reports 2. Continue to populate contact database in support of efforts 3. Ongoing updating and story reporting (at direction of the Mayor) in coordination with Community Communication Coordinator 4. Target two updates per month with the Mayor subject to her schedule (informal communications continued by a-mail and phone) Strategies & Objectives for Economic Excellence Page 7 of 8 • . 5. Build inventory of marketing materials from developers for availability as appropriate to support in direct marketing. 6. Insight on issues raised - i.e. traffic and funding resources 7. Engage site selectors on what information they want on the website -what helps recruit entities to a project 8. Develop as much data as possible to -what is unique in Meridian, why Meridian, property available/targeted clusters, process for business help available, contact, current info inclusive of cost of doing business, average lease, power, gas, and wage -link to Commerce Strategies 8~ Objectives for Economic Excellence Page 8 of 8 • April 1 1, 2008 MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT ITEM NO. S-X REQUEST Award Bid for Grant for Sr. Citizen Center Phase 2 ICDBG-04-III-OI-SR for Window Replacements with Wester Siding for $4,620.00 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See attached alarm ~~ r;pr, ?. .i~~ll"i '17:';~•P1.44 wes'?rn•.~ing ~°•'pi l~ f '~~ P~~p~~a~ • ~~~ 800 S. industry Way, Suite 3f 0 • Meridian, tD 83642 Phone: 855-0100.1-800-82T-0465 i PROPOSAL SUBMiTTEp YO: PHONE. NAMES ~'$' ~ ~~~ .1Dt1 NAIIfE` d, ,~ -.~ STpEET: 'p P.~ + STgEET CITW. ~~\ ~~}~ I GTTr .L.. ~I.t,1~' P. 7 Vinyl, Steel and Ate,tninUm Siding, Vir~yi Windows Contractor's l.tcense ~ Oregon X49567 • Nevada,P0058607 Idaho REC-4171 LATE: ~~ STATE- AACNITECT We hereby propose to *u-„~~ ~ lairvr ana ntater~als - -~^ for the sum of $ complete i^ accorda^ce with the above specifications, with payment to be made as follows; All material is guaranteed to be as specified, All yro~ to be completed in a workmanlike manner aceordin to s preCttcea. Aery al[eretior~ or deviation from above sPeti/ications involving extra costa, will be executed oni u ten ordelu, end will become an extra Charge over end shove the estimate. Alt agreements contMgsnt upon stri tandanf cidenta or delays beyond our control. Our workers are full Y pon wrlt- stnrctlon Ilablilfy. Y Bred by Wor men's Conrpensatlon insurance and cOn- Authorized Signature NOTE; Thts proposal may be wlthd wn by us 11 n~epted within ~~ day6. The above prices, specifications a~Co^~poan ~eat° ~~roposal ed to do the work as specified. Payment wilt be made as ou~ned above.re by accepted. Y'bu aye authorl=- Accepted: Signature date Stgrtature 1 II We ~.~..-~--- - - - I DATE OF PIAN$~ ~~~ RPR-03-2©OiI~fTI~U} 00~ 31 I~~uma-Gl- [m~iustrtas. Inc. (FPI?~yi:'~J~J7i~7t1 P. ~IGi1rrL101 ompm weo, •a purges ~~~~' ~ _ ASS®~~ ®>~ ~ ~~S SERVINCr TH61'ttt:0.SlJtt& vA-.I.BY SINCtr 1951 ' 909 North On6ard tlatK. tdahn ~~~ a tttton• (208) i~s.~7G2 Fu (20~ 37i37T4 " • " 15 3 9 SUBhuTTE Tp ^ ~ r\~ ~ PHON[ / ~~~~~7 ~ WOPK GATE d STREET ~ ~ ~ JOB NAM ~ (,'IIY, STATE ANO 21P CODE ` Fr3GY 2 t,OCl1TI~1 IN O11T CREDR CARD OA cHt=_cK r F ~„/~-• ~~O We hereby submit apeciflcations and estimates for: L~ ~ . , -- / ~'f / o z t~ ~ ~ ale ~ r0 Oge to com late in accordance with above s ecifications for the sum of: ~ paymentto be made as follows: 1/2 Down $ Balance due upon completion $ AH materiel i• pusr•nlesd b l1e es ep.UGaG. AN wak to a• eornpiatsd to a .or4m.N14• manner a•oord4+p to st•ndaN wect4•s. Arryr eetat4wt tr dw4ida+ kwn •Otwra spaVeCed•n• tnvbinp erln AuthOri7:ed sew wa ea a:•alt•d arry trees w~agan orders. end t+pl become an enro t:n•q• owr ens •oow a• Slpnawre ssdmele, NI rore•i•ent• eanW~pent upon ad4.,. aaddanta a dwr• !t•pend ew rontrer. Oentar 1• N0tt1: TTtt6 prppoael may be cony ere, taenedo as0 ot*a aec•s•ay ln•urenw. Our agrewa w h+W ooyor•d M Wp4m•nY wllhdrotrm by l1S It nol acceptetl tMthln Compaautlert u+ewarbe. days. `` ~it~ ~u~t~n~ d` ~rO~IO,~Qi -The above Pdcea, specNkatlone end ~ ^ ~ J conditions are sdWaeaory and aro heroby accepted. You are sull-otlie0 t0 Oo the work as epecllled. Payment will be made as outlined above. slgnawre .._._ _..____..._.._ Sinnature G + ~7 d D BID SPECIEIATIQNS EQR WIN®®WS AT THE MERIDIAN SEIVIC?R CENTER The following are the windows which need to be replaced: 8 windows in the Activity room area 1 window in the Bingo supply room 1 window in the Kitchen Replace with White Vinyl w/ low E glass to match existing windows Davis Bacon: $13.98 hourly rate $ 1.50 hourly fringe for a total of $15.48 i ~ April 1 1, 2008 MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT ITEM NO. S-Y REQUEST Ratification of Bid Awards Approved on April 8, 2008 with Petra for New City Hall Plaza 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: COMMENTS Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Ctty off Meridian. ETR GENERAL CONTRACTORS & CONSTRUCTION MANAGEMENT Apri14, 2008 Mr. Keiflt Watts Meridian City Council 33 East Idaho Avenue Meridian, Idaho 83642 Dear Mr. Watts, It is Petra Inc.'s recommendation for Meridian City Council's consideration that the bids for Phase N Plate. be accepted and awazded as follows: Bid Package #3- Water Feature M.R. Miller, Inc. $216,775.00 Bid Package #8- CarperltryBuildmg Insulations/Gypsum Assemblies Amerlc~n WaUcover $ 8,400.00 Bid Package #9- Roofing~Fiashing ProTec RooMg, Inc. $ 10,495.00 Bid Package #11- Moistiae Protection & Waterproofing Seal Co. $ 3,028.00 Bid Package #12- Painting Commercial Painting $ 11,400.00 Bid Package #13-Concrete Azelsen Concrete $296,200.00 Bid Package #14-Concrete Unit Pavers Cobblestone Constradion $ 75.462.00 TOTAL AWARD: X21,760.00 The companies listed above are the apparerrt low bidder and all their paperwork is complete. All Bonds aze current, Public Works numbers on file and subcontractors listed above are qualified for specific bid packages. Addendums A & B are noted and all alternates are verified. If you have any questions, Best Regan Tom Coughlin Project M fi~ to call for discussion. 1097 N. ROSARIO ST. • MERIDIAN, ID 83642 • PHONE: (208) 323-4500 • FAX: (208) 323-4507 W W W. PETRAI N C. N ET RCE-1875 April 11, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT April 15, 2008 ITEM NO. JI'-Z REQUEST Approve Beer, Wine 8~ Liquor License Renewals 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: COMMENTS See attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • Beer, one 8z Liquor License Renewals for Approval by City Council on April 15th, 2008 Garrabbas Italian Grill 3285 E. Pine Ave. Beer & Liquor Super Pollo Mexican Grill #2 2031 E. Fairview Ave. Beer The New Frontier 116 E. Broadway Ave. Beer & Liquor Fiesta Guadalajara 704 E. Fairview Ave. Beer & Liquor Pizza Hut #2165 675 S. Progress Beer Pizza Hut #2166 1752 W. Cheny Ln. Beer Baja Fresh 1440 N. Eagle Rd. Beer Harvest Buffet 48 E. Fairview Ave. Beer & one Ustick Chevron 770 W. Ustick Ave. Beer & Wine Fred Meyer 1850 E. Fairview Ave. Beer & Wine Round Table Pizza 499 Main St. Beer & one Health Nuts Market 1756 W. Cherry Ln. Beer & one Tobacco Connection 450 S. Meridian Rd. Beer & one Chicago Connection 1629 N. Main St. Beer & one Chicago Connection 1935 S. Eagle Rd. Beer & one Siam Thai Restaurant 2951 E. Overland Rd. Beer & one Quick Stuff #7775 3010 Goldstone Dr. Beer & Wine Strikers 324 S. Meridian Rd. Beer ~ Liquor The Busted Shovel 704 N. Main St. Beer & Liquor Goodwood BBQ 1140 N. Eagle Rd. Beer & Liquor JB's Restaurant 1565 S. Meridian Rd. Beer & Liquor Idaho Steakhouse 3560 N. Eagle Rd. Beer & Liquor Texas Roadhouse 3801 E. Fairview Ave. Beer & Liquor Epi's A Basque Restaurant 1115 N. Main St. Beer & one Wingers An American Diner 1701 E. Fairview Ave. Beer 8~ Wine Divine one 2310 E. Overland Rd. Beer & one The 127 Club 127 E. Idaho Ave. Beer & Liquor St. Lukas Meridian 520 S. Eagle Rd. Beer ~ one Cafe Indigo 1789 S. Eagle Rd. Beer & Liquor C~ April 1 1, 2008 MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT ITEM NO. S-AA REQUEST Budget Amendment for IT for Network Infrastructure for the New City Hall 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 City of Meridian. ,r V Q. .~ G 'S~ Q1 Of ~ C 1. ~ 5 ~ ~ ~ ~ ~~ ~ ~ ~ ~~~~ ~ aEi ~° ~5 ~ ai ro n~ r$ c.6~ ~ ~ ~.gcg ~j a '~~E~i C ~ C ~ _ ~.~.~ m C N •Q m =~ ~ ~. ~ ~ ~~ ~~ E o_~ ~ ~ s%, 5 ~ c W ~i ~ ~ ~~ m~ °' ~~ ~ ~ ~,=~ ~~z ~u ~~~- ar~~ N ®cp ~~ to Am m h ~n~ ~Q r6i ,~.~a ~ ~ ~ ~~ ~~ ~ t$rs~ o ~ ~m.E r~ $ o 'S ~ $ "~ d ~` F ~ ~~ .1C ~ ~ ~ ~ ~ 4 }z Z J W ~~~ oz~n H Z W O oa W ~ ~ a o ~ ,~~c ~Q°m tame • G t0 a i~ m ~~ c m ~ ~ ~ ~~ ~ U~ ~° ~ 2 0 m C ~ ~ a ~_ m N ~ °~ ~~ ~~ m ~ ~ e t A ~m hl td Y n. 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C C !+ ~' N O O .w. y, '0 n ~ ~ W n `•°~v~ ~'i3 p$m m p v~ 3 m Z -I o -~ d~ ~~ A y m a 0 a a° d D' ~° a c w N A r April 1 1, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT Legal Department ITEM NO. 6-A-1 REQUEST Precious Metal Dealers License AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. u April 11, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT Legal Department ITEM NO. 6-A-Z REQUEST SWAC Committee Member Changes 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: COMMENTS Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • April 11, 2008 MERIDIAN CITY COUNCIL MEETING APPLICANT Legal Department ITEM NO. 6-~1-3 REQUEST SWAC Recommendation for Recycling Projects AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Mertdian. • Department Reports April 15, 2008 ~r,~E3VEL'~ ~P~ ~i ~ Zoos ~;ity ®f~eridia.~ Community Recycling Fund Application Review For~~ty Clerk Oco The Solid Waste Advisory Committee to the City of Meridian has made the following decisions regarding distributing expenditures from the Community Recycling Fund. Organization: Review Dates: Sawtooth Middle School March 4, 2008 3730 N. Linder Meridian, ID 83646 April 1, 200$ Proposed Project: Amount Requested: Reader Board Up to $17,000.00 Application Date: Amount Awarded: December 19, 2007 Date to Present to Council: Reviewed By: April 8, 2008 Ashley Williams Tax ID #: Nancy Mann 82-6001213 Tom Barry Jaycee Holman Notes: Josh Maus Bill Nary abstained from reviewing this application. The SWAC requested proof of recycled con#ent in structure and also guarantee of recycling message content and when messages will be displayed. BiII Nary The City of Meridian will distribute up to $17,000 to Sawtooth Middle School upon receipt of invoice for the school to Date parchase and install a reader board. l~J • ~•'°-- - ~~ Community Recycling Fund Application This application is•io be completed by organizalions applying for community recycling funding. Please note: We can only consider applications far protects within Meridian city limits; which pertain to recycling; which have a ):) matching component; and which contain recycled content P applicable. A sign must be placed on or near the protect stating tha# it was -unded in part by the Meridian curbside recycling program. Please return completed application to Sanitary Services, Co. 2134 W. Franklin Road. Meridian, Idaho, 83642 or fox to 888-5452. Organization Name .3 ~rUJFI~~'T>~ rs^/~1 f~(r{~ ~C 1~-3G Address ~ f S'J ~ ~/'~ ~ ~ City ~•»n~'~rJ1~~ Slote ~ ~ lip Code a;a o / i Contact Name and Tiiie •~ J .~~.~~ • P - Phane Number~~~~~ Fax Number ~t ti '" ~~~° ~ Describe your organization's purpose. At#ach additional sheets if needed. ~~~in~X;~ X1 Describe the community recycling activity you would like to have supported. Attach addiional sheets if needed. Please provide manufacturers inFormafion for the items b be used in the project. Total funds requested l7 t?~~ a ''~+t'%'ti°•~~Total estimated cost of project ~~ ¢~ ~Y°~k'~~ bescribe haw the communily recycling funds will be used, the schedule €or the projec€, and how the l:l ~('~ matching coniribu-ian wiU be determined. Attach addiiionol sheets if needed. ~^ ~ l p i t~ ~-~-J~ ,~.f r~ ~~ ~~ ~: ~ -~- era ~~ ©oQ i ?l~" 43L~E~t;~L . - ~'kIl E C~1, i.'~ t-f~ttr ~~?v C4+;~f tllN=~3~ i ~'~~ ~~'~lt~7l..~ ~~ .._.! .~1..' i Sl'~ 11LI t..~ ~' f~iSE if x ~"1-~ ~yfJ i~5 . Describe the signage that will be used, (plaque, standing sign, etc}, and the location. Attach addiiionol sheets if needed. We would EFKe the sign to read: !insert aoplicanf) thanta the dtitens of the City of Meridian Far theft efforts itrrovgh the Curbside Recycling Program Fo help fund this (insert aro[ect). EST. (insert year) t~PcG'i~% iAl~tst-~ g+i'G k'G~,~~ h€=i?d~Vil ~!~ SC~}tJC7~..~ f~lfc~''~IS~ (tt.J ~C'~~~it- ~(.•l~)F)L,s ~~"Ciii~T bP-TP~t~P~~ P~Ctt~st~.#M l C3 ~1~~~~?~3 SA.1 (s~?~ P„7~t'c~ D Signature of Contact Person ~f (We must have a sign Pure otprocess yo request) • • S A B~ R C A T S 3734 N. Linder Road * Meridian, Id. 83646 * 855-4200 Recycling Awareness and Community Partnership Proposal March 14, 2008 Deaz Symantha, Sawtooth Middle School is very excited about the possibility of developing a partnership with the Meridian city community tin an effort to increase an awareness of recycling. The increased awareness will start through the use and advantage of a reader board to be placed at the main entrance of the school. The electronic reader board is capable of displaying messages that can be scheduled for speck dates in a year, month and/or week. Furthermore, the board can be programmed to display messages for certain times of any given day. Tt is the intent that Sawtooth Middle displays messages that promote recycling an a regulax basis during the mast desirable times of any given day. Sawtooth Middle School is also committed to promote recycling messages that extend beyond awareness. For example, when recycling campaigns or drives are taking place in the community, Sawtooth Middle School will display the information through the use of the electronic reader board. It is also proposed that Sawtooth Middle School's efforts not be limited to simply displaying a message on the reader board. it is proposed that our student leadership groups be directly involved with recycling through school and community sponsored events. ~,Ve currently have three student leadership and civic-oriented groups that will be directly involved. The groups are Student Council, National Junior Honor's Society and Builder's Club. The commitment that Sawtooth Middle School has to recycling extends beyond a reader boazd. However, it is our belief that the opportunity to establish a partnership through the use of a reader board presents very unique and advantageous affiiiation between the community and school. In short, Sawtooth Middle School views the opportunity to secure partial funding for a reader boazd, through the assistance of this grant, as the chance to create a true and pure partnership between the community and the school. Please contact me at your convenience for any additional infarnxation that is needed or desired. 1 appreciate the committee's willingness to consider our proposal and sincerely hope that all benefits mentioned can be viewed as stepping stones to a lengthy and worthwlile cause. Sincerely, David Moser, Principal Sawtooth Middle School • • f=rom: Eric Williams Sent: Wed 3/12/2008 -7:42 AM 7a: moser.davld@meridianschools.org Subject: 1=tN: Green Statement[Scanned] Dave, bare .is what I received Pram ouC E2eatronics Department. Les me know if you need anything further. Eric -----OrigPna! Message--- From: Daren Epperson [mailto:depperson@yesco.com] Sent: Wednesday, March i2, 2008 6:00 AM To: Eric Witifarrts Subject: 1=1N/: Green Statement Here's what 1 got from Gene at Electronics. From: Gene Hodson [maltto:ghodson@yesto.com] Sent: Tuesday, March li, 2008 4:58 PM To: Daren Epperson Subject: Green Statement Daren, Here is a short list of some of the materials that we recycle from our manufacturing and operating processes here in Logart. Please let me know if there is any other information you require. 1, Steel {tube, angle, sheet, and flat strap) 2. Aluminum {tube, angle, sheet, extrusion, and slug for certain processes} 3. i3iack Vaiox faceplate material from the LED modules 4. Copper wire 5. Conductive plastic Woes used to transport integrated rarcuits from our suppliers 6. White plastic shrink wrap used in protecting the displays during shipment 7. Printed circuit boards (consists of Fiberglas, capper, and solder} 8. Plastic reels and#ransport strips used to carry surface mount electronic devices used an our new "Surface Maunt Technology" assembly fine 9. Paper and other used printed material 10. Toner Cartridges used on the copy machines 3/31/20U8 11. Spent oil and hydraulic fluids 12. Barrels of solder dross from the wave solder machines and other lead contaminated waste are sent out to be recycled 13. Pallets of empty cardboard boxes from one of our local suppliers, Silicone Plastics, are returned to their factory to be to be reused by them to reship materials back to us. Ail of our parking lot ligh#s and security ligh6tng are controlled by photocells instead of mechanical Hmers. That means the lights do not come on until fate in the evening and they turn back off early in the rooming no matter the time of year. The overhead shop lights are fumed off at the end of shift and just a few low wattage fluorescent lights are used as night fights in the shop. area. The heating system €or the shop automatically goes to a lower temperature "night mode at t3:0Upm And then goes back to the day mode at the start of day shift the next morning. Good luck, Gene W. Hodson Young Electric Sign Ca. 1651 N. 1000 W. Logan, UT. 8431 ~4AP,-06-20fl8{Ti~J} 09:49 f~.901/©01 a ~ o Y ~ ~w ~ ~ TW m M ~~p ~ ~ 7. Y ~a ~ I p @ p ~ ~ r ~a ~ y S. ~ Q ~J~~ CC IS' W -I ~ ~ ~ ~ ~ ~ ~ i~ rr .~ O '71 ~~~ R y Ir'f ~ (~ OOt7L ~ '~' ~ ~~! ~'' '0 W •:n•:~r •.' fi `~ yy n ,p, ??JJ ~P J-. r g 6i Al ~ ~ : r..t r ~' ~ •• -~ ~ ~ - - :;,:.. . ~'~• ' ~ ~ .. _ ,~; wry-,~c ~_ M ~ ~ ~~ ~ ~ ~ .fl .tt Qo ~~ ~ ~. ~ W ~ "'~' ~ . ~rer:.• m `- ~d ... o ~ ~~~~ ~ w o ~ a,_ -~ ~, -t ~ ~; ~ ~ ~, . ~ p . a: 3. r W N .. ' ~ -,,.: a . .. iur a:: v+ v ~ o ~, d n m ,~ e ~. ~ ~ ~ ®' ~ ~ ~ ~ ~ '' ~' o ~ ~ a ~ a ~. ;: ~ a b °~~~yy ~ ~ 4 ~ N ~ ~ n~ C ~' ~ p, n m g m' F G' 5 • T ~ ~? S2 ~ T~~' °g '~ ~ ~ ~, ~' O ~ 3 ° ~ ~' ~. c' a d o ~' m ~ ~_ K ~ b~ ~~~ p C N ~ ro (~ ~' W 8 ~, a ~ ro A N o a ~ o. 7 '~ a .y3 ?. 0 CI1 Cj N `~ ~ b r ~ ~ "~ ~ ~~ ~ ~ ~ ~, ~ v • ~~ 0 hs ~ V v ,A{` •1 N b ~ ~ ~ ~ ~ O ~ A ro ~ v A "! W r~G~ ~ ~ ~ ~ O ~ ~ a e .r .~a J 0 d r+ S 0 C ~ ~~~QQ w ~• d ~. . o ~. ~ .y .!'~ ~~ ~, r~ n ro to !~. .. ~. w rA ~ a ~~ ~ ~~ y e~ ~~~~:~ o ~ O G ~ !~ N ~`' Dd ~ rs ~ ~~~ppooCN~ ~ ~ ~N4JfWd1N~ !7 d N ~/ b C7 C1 PF Oo N W ~ O ~a' Vi t • • Community Recycling Fund Application Review Form The Solid Waste Advisory Committee to the City of Meridian has made the following decisions regarding distributing expenditures from the Community Recycling Fund Organization: Meridian Parks and Recreation 11 W. Bawer Meridian, ID 83642 Proposed Project: Bleachers for Heritage Middle School Ballfields Application Date: March 31, 2008 Reviewed By: 8i11 Nary Nancy Mann Tom Barry Jaycee Holman Josh Maus Bill Nary Review Date: April 8, 2008 Amount Requested: 56,000.00 Amount Awarded: 56,OOOAO Date to Present to Council: April 15, 2008 Tax ID #: 82-6000225 Notes: Steve Siddoway chose to abstain from voting on this application due to a conflict of interest. The original funds request was 512,000.00. The applicant amended this amount to 56,000.00 due to lack of a 1:1 match. Applicant may apply for more funds at a later date upon the ability to match the requested amount. Date >';~: .. 5',~~; +~: ~l~:rilt~,n~ , • • community Recycling Fund Application Ca,tLlarq Servtcc! LC. This application is to be completed by organizations applying for community recycling funding. Please note: We can only consider applications for projects within Meridian city limits; which pertain to recycling; which have a l:l matching component; and which contain recycled content if applicable. A sign must be placed on or near the project stating that it was funded in part by the Meridian curbside recycling program. Please return completed applicafion to Sanitary Services, Co. 2130 W. Franklin Road, Meridian, Idaho, 83642 or fax to 888-5052. Organization Name Meridian Parks & Recreation Address i 1 W. Bower City Meridian State ID Zip Code 83642 Contact Name and Title Steve Siddoway, Director Phone Number 208-888-3579 Fax Number 208-89$.5501 Describe your organization's purpose. Attach additional sheets if needed. Municipal parks and recreation for the City of Meridian. Describe the community recycling activity you would like to have supported. Attach additional sheets if needed. Please provide manufacturers information for the items to be used in the project. Four 4-row bleachers for Heritage Middle School Balifieids ~ row Total funds requested _~~ Total estimated cost of project __ S200.000-r (Sl 2.0~ for bleacheg~ Describe how the community recycling funds will be used, the schedule for the projecf: and how the 1: ] matching contribution will be determined. Attach additional sheets if needed. Community recycling funds wlp be used to purchase bleachers for the Heritage Middle School BaUfields. T'he City currently has an agreement in process with the Joint School District ~ 2, which is as yet unsigned. We are looking for ways to free up addttoonal City funds to help pay for the emergency access road Into the site. S 12,000 for the bleachers may allow us to put a similar amount toward the school dis#rict agreement. fie bleachers are made from recycled aluminum. Describe the s'sgnage that will be used, (plaque, standing sign, etc), and the location. Attach additional sheets if needed. We would like the sign to read: Meridian Parks & Recreation thanks the citizens of the City of M®ridian for (heir efforts through the Curbside Recycling Program to help fund these bleachers. EST. 2008. A plaque can be attached to the guardrail of each set of bleachers. t 4 ~ 1 ,/ +. Signature of Contact person ~ 1 ~' ~' , Guy-- ~ ,. .~',~.~° Date ~ ~ r ~ ~' (We.irust have a signature to pr cess your request} t•~AY PARK RECREATION P.O.BflX 477 ,sAtSESVILLE IOWA 50647 "'HONE: SOO-553-2476 .AX: 319-987-2800 :QUOTE FOR: CITY OF MEf CONTACT PROMOID; • QUOTE FORM IID lAN ELROY SHIP TO DATE: 3/25/2008 QUOTEDBY LORRAINE ID 83642 PHONE 208-371-1755 FAX 208-898-5501 EMAIL HUFFECtr~MERIDIANCITY_ORG Shipping Charges Quoted Shipping Costs Prepay Collect t7istlRep Writ By Resselter Ship Via F.O.B Paint Charge C.O.D. Credit Check OK Refuse OTY. MODEL DESCRIPTION PRICE Unit Price Total Price 4 ROW GALVANIZED BLEACHER FRAME W/ QBL ALUM 4 BLG4A15V4F4 PLANK 15' 8~ 4° vERT RAIL 2664 $2,530.80 $10,123.20 $o.oa $o.oo $o.ao $a.oa $o.oo $o.ao $o.ao $o.oo $o.oo $o.oo SUBTOTAL $10,123.20 ,s . R YI Freight may vary slightly due to surcharges -' FREIGHT $1,177.00 `` `, g`.~;rfY`, `,'" ' ~`*Liftgate is additional $110 if needed**" Quote Valid for 30 days TOTALS $11,300.20 • Community Recycling Fund Application Review Form The Solid Waste Advisory Committee to the City of Meridian has made the following decisions regarding distributing expenditures from the Community Recycling Fund. Organization: Meridian Parks and Recreation 11 W. Bower Meridian, ID 83642 Proposed Project: Bleachers for Meridian Youth Baseball Complex in Settlers Park Application Date: March 31, 2008 Reviewed By: Sill Nary Nancy Mann Tam Barry Jaycee Holman Josh Maus Bill Nary Review Date: Apri18, 2008 Amount Requested: $12,040.(10 Amount Awarded: $ls,oao.oo Date to Present to Council: April 15, 2008 Tax ID #: 82-6000225 Notes: Steve Siddoway chose to abstain from voting on this application due to a con#lict of interest. The SWAC awarded $15,004.00 to make the total amount requested equal the match with the Meridian Youth Baseball. Date ~s '~. V, .. ..r.- • ~~ ~ornrrtunity Recycling Fund Application SaaEEaro, SeYVEee.7 Ca This application is to be completed by organizations applying for community recycling funding. Please nofe: We can only consider applications for projecfs within Meridian city limits; which pertain to recycling; which have a ]:1 matching component; and which contain recycled content if applicable. A sign must be placed on or near the project stating that it was funded in part by the Meridian curbside recycling program. Please return completed application to Sanitary Services, Co. 2130 W. Franklin Road, Meridian, Idaho, 836A2 or fax to 888-5052. Organization Name Meridian Parks & Recreation Address 11 W. Bower City Meridian State 1D Zip Code 83842 Contact Name and Title Steve iddowav, Director Phone Number 208-888-3579 Fax Number 208-898.5501 Describe your organization's purpose, Attach additional sheets if needed. Municipal parks and recreation for the City of Meridian. Describe the community recycling activity you would like to have supported. Attach additional sheets if needed. Please provide manufacturers Information for the items to be used in the project. Bleachers for the Meridian Youth Baseball complex in Settlers Paris ~7'~ Total funds requested _ ~i 00 Total estimafied cost of project _$2.000.000+ CS42.000 for bleachers Describe haw the community recycling funds will be used, the schedule for the protect; and how the 1:1 matching contribution will be determined. Attach additional sheets if needed. Community recycling funds will be used to purchase four bleachers for the Meridian Youth Baseball complex in Settlers Park. The site is in need of 16 bleachers (2 for each of 8 fields). These four bleachers will be the start of the needed bleachers for the complex. Addiflonal bleachers wpi be purchased by MYB in future years to complete the complex. The bleachers are made of recycled aluminum, Describe the signage that will be used, (plaque, standing sign, etc), and the location. Attach additional sheets if needed. We would like the sign to read: Meridian Parks & Recreation thanks the citizens of the City of Meridian for the[r efforts through the Curbside Recycling Program to heEp fund these bleachers. ES'f. 2008. A plaque can be attached to the guardrafi of each set of bleachers. d __ ; • Signature of Contact Person ~'i` fv b~~- C • . ~ '. ~ ~~ Date ~ 31 u3'' NV~ must have a signs re to pros ss your request) • ~<AY PARK RECREATION t'.0_BOX 477 .:Ai~ESVILLE IOWA 50647 'HONE: 800-553-2476 '.AX: 319-987-2900 :ZUOTE FOR: CONTACT PROMOID: QUOTE FORM CITY OF MERIDIAN ID 83642 ELROY SHIP TO PHONE FAX EMAIL DATE: 3!24!200$ QUOTEDBY LORRAINE 208-3711755 2a8-89s-s5o1 huffeCa)meridiancity.or4 - Shipping Charges Prepay Collect Quoted Shipping Casts DistlRep Writ By Resseller Ship Via F.O.B Point Charge C.O.D. Credit Check OK Refuse QTY. MODEL DESCRIPTION PRICE Unit Price Total Price 16 BLG4A15V4F4 4 ROW GALVANIZED BLEACHER FRAME W/ DBL ALUM PLANK 15' ~ 4" VERT RAIL 2664 _ $2,397.60 $38,361.60 $0.00 $0.00 A 10% DISCOUNT HAS BEEN APPLIED $o.oo $a.oo $o.oo $o.oo $o.oo $o.oo $o.oo $o.oo ~:,. r ~~ t Freight may vary slightly due to surcharges **L;ftgate is additional $110 if needed*** Quote Valid for 30 days SUBTOTAL $38,361.60 FREIGHT $2,974.00 TOTALS $41,335.60 • • , 8" ~'~d Rise . ~ ~r -leachers- other equipment we advise that you check your .a[ requiremen#s for such things as ales, Meets ,4,~~ ard-rails, ApA• or other conditions. ilding codes may vary by year written and by Guidelines aup who issues them n Ite nat t 'saes. When property designed, ~ bleachers with a fi" rise per row do not require aisles but should have guardrails and meet other requirements. Please tail for assistance. Aluminum Frame -Strong 2"x 2" x 3/16" angles & channels 6" Low Rise These bleachers come with double footboards and risers. (F4) _.-.~~~rnilii ~7' u r me - Style ows Length Weight Seats Price r Std 8 Rise " ~ t 8 ~ E 1 BLA5A15V4F4 Aluminum, 2x10 seat plank 5 15 1063 50 $33f2 I s i { i BLASA21 V4F4 Aluminum, 2x10 seat plank 5 21 1423 70 $4353 2x10" Seats ~ ~ i Bi~15A27V4F4 Alumunm, 2x10 seat plank 5 27 1735 90 $5382 I 93' ~ ~ LA5VP15V4F4 Plastisol, 2x10 seat plank 5 15 1255 50 $4298 -" 24" ` ~ ~ j ~~ BLA515V4 Frame only, incl. hardware 5 75 . 687 50 $1700 t ~ ~ 48" ~ 8" ~ Galvanized Steel Frame - 1 3/4"x 1 3!4° x 2° x 2" x 3/16" angles is° ~ ~ i t.l ;: ~ii ; iii 113° ---«~ Made1# Description Wt PRlCB QeAHR 98° aisle &. handrail 120# $545 36A 36" aisle lend Or.) „ 75N .. , :..: $5!)t j$. .1 .. These bleachers come wltlt double ~, ~~ Aluminum Frame -Strong 2"x 2" x 3/16° angles & channels footboards and risers. (F4) _ A m. ra t e ows eats ce "~ LRA5A15V4F4 Aluminum, 2x12 seat plank 5 15 925 50 $2748 ~" Low Rise (~.R) 1 BLRA5A21 V4F4 Aluminum, 2x12 seat plank 5 21 1273 70 $3820 ,;,t ~ BLRA5A27V4F4 Alumunm, 2x12 seat plank 5 27 1419 90 $4839 2x12" Seats ~,~ LR,45VP15V4F4 Plastlsol, 2x12 seat plank 5 15 1117 50 $3728 i; ~ BLRA515V4 Frame only, ind. hardware 5 15 561 50 $1401 11 112" }.•.•~ ~ Galvanized Steel Frame - i 314"x 1 3/4° x 2" x 2" x 3116" ancales ~. 2a~ -, ~, `~ a~ 'r xa me a ows en t e „ r ce iLRG5A15V4F Aluminum, 2x12 seat plank 5 i5 1063 50 $2733 ILRG5A2iV4F4 Aluminum, 2x12 seat plank 5 21 1456 70 $3740 ILRG5A27V41=4 Alumunm, 2x12 seat plank 5 27 1820 90 $4739 iLRG5VP15V4F4 Plastisol, 2x12 seat plank 5 15 1234 50 $3839 iLRG515V4 Frame only, incl. hardware 5 ib 668 50 $1382 ,,1 ':~. _~ '~~ Aluminum Frame - Stroi ,~J ?~ a ,~ e;~i{='~.' ~~,~: 2"x2°x3116"angles&c ~:.., ,, . ,,:. ,, .. Ri~AS/a2~:;' :~:Aluiiiiin ,2xi~.~ pl~.nk~~ 'Si~`s 7i:r: ~~'~08>'.<:>.<~: ~~r~~ -::: ,.. :...: ..: ~ ,. .. ,;: - ,,r . x, "r. .b,. :..> :. ~8:<. ~5 l:~i ~ ..... ;~ ~..~ti' I ..:. ;. S ..... ..:..:.: _ .:.. .i 515,E-.~ .F. n :Itr~ti,. si'e::,.. ~, ,~5;. ';=1~6~: ~.': ~::;;SP,.. >$;5g;9;' Galvanized S#eel Frame - 13%4°x 13/4" x 2° x 2°x3116" angles 3S' 1t5" Aisles not required by many bugding codes This Is a Basle Model with single footboards and no guardrails. (Check your focal codes) Std 8" Rise 2x10° Seats 24° -j s° 4e 1s" 105° - 1'k: : ~x ' ® 1 . i ' ,~ ~~ ® Al t r. +- F fit ~ ® ~-~ other equipment we advise that you check your local luirements for such things as aisles, uarg d-rails, ADA, other conditions. ilding codes may vary by year written and by group who ues them (IBC,UBC,BOCA,SBC,NFPA,etc.) tive to i I .When properly designed, bleach- with a 6" rise per row do not require aisles but should ue guardrails and meet other requirements. Please call assistance. Aluminum rrarne - ~irong ~°x r- x :~nta° angles ts< cnannels Alum. l-ratne style Wows I.enacn we~, ignt seats Ice BLA4A7.5V4F4 Aluminum, 2x10 seat plank 4 7.5' 198 20 $1723 BLA4A15V4F4 Aluminum, 2x10 sea# plank 4 15 307 40 $2850 BLA4A21 V4F4 Aluminum, 2x10 seat plank 4 21 447 56 $3482 BLA4A27V4F4 Alumunm, 2x10 seat plank 4 27 563 72 $9306 BLA4VP15V4F4 Plastisol, 2xi0 seat plank 4 T5 463 40 $3436 BLA4i5V4F4 Frame only, incl. hardware 4 15 130 40 $1360 Galvanized Steel Frame - 1314"x 1 314" x 2" x 2" x 3/16" angles is v e ows is r ce LG4A7.5V4F4 Aluminum, 2x10 seat plank 4 7.5' 240 20 $16G5 LG4A15V4F Alurr-lnum, 2x10 sect plank 4 1 S -399 $25 LG4A2iV4F4 Aluminum, 2x.10 seat plank 4 21 566 ^-56 .~ 5 LGgA27V4F4 Ai4munm, 2x10 seat plank 4 27 719 72 . $4248 LG9•VPi5V4F4 Plastisol; 2x10 seat plank 4 15 53$ 40 $~8- LG4t5V9•F4 .Frame only; incl. hardware 4 15 ~ ... 218 : 40 `.. $1287. Aluminum Frame - 2" x angles & channels t,,. , These bleachers came with double footboards and risers. ~" /, i StCI, 8' RISe 1 2x10" Seats ~ 85" 24° ~8° 40° 1 .~ 88° `'~ 4s°alsla:stgndrail: 120 ~s~o 36 als#I~ (end o~! j..::..; ;. 75# :: ~2 ra e. e BEA4A7.5 Alu~nJnunt.. ~d Q ser~t~ plank ~ ~ . 7 5 18~ . •_ 211 ' .' $J68 BLA4A15 ~luminum,:2xi4 seat,piank , 4. •~ 15 322. , 40 ; : $15~: ' BLA4~!t2'1 " Numinumz ?X10 seat plank 4 ~ ' 21 :442 . X2101 56 , +: BLA4A2~` Alutnunni 2x'10 s$at plank 4 27 ` h71 , 72 $26'0 siA4vp15 Plssnsat, 2~c10 seat q.Cank 4 ib : 5~8 40 $210 81A4~ 5 , ,Fi~n1e. only': (rx;l hardware ':4 ~ 15 , :.. T~ 40: ; - . $47~ .;. This is a basic Mad I with single footboards and no guardrails. {Chec[c your Local codes) Std 8" Rise 2X10" seats ~ 24° -~ t8° l~ ~~ Galvanized Steel Frame - 1 3/4"x 1 3J4» x 2y x 2" x 3/'i 6" angles .:;Frame S~P,~ . ,~I~4~c7i5 Ai4ltlinurlt,2x)OSeat-glanlC gQwsv •en ,. -. ea s PrICe~ 4 7;5`'~"'a Y~4 "~` r 2iy k,~9$7 i.~4A~5 d[l.l`t~ti'nt~i, ~x105e~t~lank 4 <fis t r ~0 $)4~1, . ~I.U~A21 u~~~~, 2~~0 ~:~~s~k ~i 's i ~t pl 8~ 4/~' A i l ~ ~X`lti 4y ` ,~ , "'~ 5$5°' , ~8 $~0$~, ~ 21 ~7~9 `~~'i fi '! 7 ~ ~ ri ?~~': ~ (i u( ~ ~; ~ , ~ c , ~ $ ~ ' B~,a4~~1 ~ r , F~~pstl~4o,IQ~i Q ~r~a,.t ~, aitk . r:4n 7, . 3 k~~ q. i. ~Ys!]d~i G . t' ~'~1a xKi:i in i •:1i~iNi~r~s t , ~, ,' ~ '$21.01. . .. 9 s , ` , • T~ .tA.. ~ ::dk.~. ~ b $ :~a td ,~ r d•.~AA~:• '. ':.:Aluminum Fram®-Strong 2 x 2°x3/16 angtes ~ charm m. e _ tyLe ows •~ BLRA4A7.5 Aluminum, 2xi2 seat plank 4 7.5' ~:;' BLRA4A15 Aluminum, 2x12 sea# plank 4 15 '.< BLRA4A21 Aluminum, 2x12 seat plank 4 2i °~. BLRA4A27 Aiumunm, 2x12 seal plank 4 27 BLRA4VPi5 Plastisol, 2x12 seat plank 4 15 BLRA415 Frame only, incl. hardware 4 15 Gaivariized Steel Frame -1 3/4°x 1 3/4' x 2" x 2" x 3/# 6" a v r e s en BLRG4A7.5 Aluminum, 2x12 seal plank 4 7.5' BLRG4A15 Aluminum, 2x12 seat plank 4 15 ~. BLRG4A21 Aluminum, 2x12 seat plank 4 21 BLRG4A27 Alumunm, 2x12 seat plank 4 27 BLRG4VP15 Plastisol, 2x12 seat plank 4 15 415 BLRG Frame only, ind. hardware 4 15 //rr ''V.~'~. : .. : .... .. ~A ... .. .. .. ' / ~ - r 81° eS`~ _ i :; 's<~ ~'~ ~:; °; ~ F''` `': 'this is a Basic Model with single ie88 ~ $775 footboards and no guardrails. 307 40 $1309 .: (Check your local codes) 563 ~2 $$z2so ,; $" Low Rise (LR) 463 40 $2111 2X12" Seats 130 40 $469 Ptt~"I 24» ----y angles . ~.:::; : ~ .:'= : ~ s-----~-- 3a» 240 20 $746 1~ 399 40 $1219 566 56 $7666 ~» 718 72 $2122 538 40 $1915 Aisles not required by 218 40 $379 ~ many building coded 's )'. ~,. >. .._: ~. ... .:~l.• r.: • C~ Community Recycling Fund Application Review Form The Solid Waste Advisory Committee to the City of Meridian has made the following decisions regarding distributing expenditures from the Community Recycling Fund. C)rganization: Review Date: Ponderosa Elementary School April 8, 2008 2950 N. Naomi Meridian, lD 83646 Amount Requested: Proposed Project: $b,000.00 Gazebo to cover picnic tables Amount Awarded: Application Date: $6,000.00 March 31, 2008 Date to Present to Council: Reviewed By: April 15, 2008 Bill Nary TaxID#: Nancy Mann 82-6001213 Tom Barry Jaycee Holman Notes: Josh Maus Bill Nary Date ~~t'iortfr/i " ~~`°~~~ s• Communlfiy Recycling Filnd Application ~:~"~,. Phis application is to be completed by organizafions applying for community recycling fundng. Please Hate: We can only consider applications for projects within Meridian city IimiFr, which pettoln to recycling; which have a 7:1 matching component; and which contain recycled content if oppifcable. A sign must be placed on ar near the project stating that it was funded €n part by the Meridian curbside recycling program. Please return completed application to Sanitary Services. Co. 2€30 W. Franklin Road, Meridian, Idaho. 83642 or fax fo 888.5052. i- Organlzafion Name /, ~~ ~ ' S ~~ . f r l ~ ~ {~ k, ~ ~~ Address (II,"~!J S'1,'1 t _ City ~~~•/' t t~:i ~ t~ State //~~y ~ Zip Code ~~ Contact Name and Title ~~.1'~ C~t -t' ~ ["~ f-H t'.. f.~ ~~ _ Phone Number l.~(I ~li~'~~c.~! FoxNumb~f~ ('1~~ ~~~~~ 1 Describe your organization's purpose. Attach addiNanai sheets it r~eded. Describe the community recycl€ng activity you would eke to have supported. Attach add€tional sheets if needed. Please provide manufacturers information Far the €iems to be used in the project. Describe how the community recycling funds wiB be used, the schedule for the project. and how the i:l rrtotchins~ contrrbutlon will be determined. Atrach additional sheets if needed. Signature of Contact Person l~~l~~ Date ~'~ (W must have a nature fo process your request have a nature to process your request) Total funds requested ~ ,T ~ Total estimated cost of projecfi ~~ ~~~ Q~ Describe the signage that will be used, {plaque, standing sign, etcj, and the location. Attach additional sheets if needed. 1Ne would Ilke the sign fo read: (insert anoacant} thanks the citizens of the City of Meridian for their efforts through the Curbside Recycling Arogram to help fund this (lnsert,aroledt. ES7. {.insert year) • ~.~i~a..t ~~3 3~, ~"~.~- i3. ~~~,~~2 C.ustorti~ loss ~.~ ~ a ~~ ., ~ • >~ laa:.aa. ;teea~-~aS?S?~r20'X20' i tl I _a,aaauul - °.o°°'v"~ 0.00 0.00 83 i~Si'E:PROV~ISDATnNE4FaREERORBN.ESTAXWOtl1.l)k>~+t.Y, 8U&TOTAI. bbb5~ fi'p~. '"fi83TRii~BC£Ri1FIEDPROfEB~FAI.IN81kElATiON.INBtNJ.OtlSNt1tR65POHSl~EF~R SAtESTNC ~:-e; ~,. e f f t.I~IES, NQR ttAULTNW AWAY CIAT. R.%fANCNARCiE YY9i APPLY F6RSEV~ ~G31Nti u~.~ ~,;~a31 ~P ~t'3E'3 [k5! ffRl"EkCCESS Tfl Siff taOR HEAVY C~QIiIP@tENT. t ~:.~ i FRE HT '~t.,~G176h'CFlI.SETAX>N'filEl{bl4UNt'dF~'Q.SO,CAItNSTALIEflEGUtF1kENTTNATA{QOIRVT~i I :.I~p',~3 R R'SE S~':~ tX~iAi THE RltiliT TOTAL ~ T'ti's :sue a ~eement and oontraai only upon reCeJpt by Seller prior to exptnstio~ data otthe signed copy by fax, m~3t, a~ r y s ~ ii the amotmt of 7!3 of tits fatal Price sttavm above. t3oyemment agendas may provide Nurehasa Order an axe ar i ~ i '~, is doe istt days attar deUvery of equipment. Inslalle8on ofmrge w1U ba Invoiced separately end is ~ .~ is .~ ,~ ~ are eue at 9sller's address In Merit, Idaho es sleotem above. A finance doge of i.5°~ par month sett ~+~ er• ~Y ~~d Y~cS" past data vAtit a mlNmum frnanoe charge of SO.SSL buyer aproes m pay reasonable a8onsey few attd Sx Sae ~ ~~ ttalar~ duo under gals agree9nenL a i'rb36 94'E.4... t.l)tLESS BUYER PRWMES A COPY QF THt3 TAX E%t:MPT1ON CERTiPIGATE WHEN?LACU1t31F ~ ~.. ~t i S r§z~ i~.B.Y W'rFEt~t INYOlCE6 ARE PAiD WCl'HIN TERMS. * ''td's ~ ~ £ac~t, complete and exdusdre statement olfhe contract baMreen Sally and Steer and suparsedea all prier r a-ac x8 'e~6:t'~ tJO ~ dzed >h' 9eUerto maim any additional or diB+sreni representaSon, promises ott~rranUes. » t~~ > oa ptoduds tleUveratl. Beliefs sole tvatranty Is tttst pte produote deUVered t3heU be bt canfamtfty vAlh the ~' . s'~'..r,.+3t ~'~' ~;t.A[M$ ALL II~LIEb WARRANTIES. INCLUt]INt3 WARRAFtTlES OF MIERCWINVI'AHILtTY ~ FfrNE9S r'i.R et .P~Ss'd ~.~s ° ~ tt / ~, right b rattise deUvery or ottmrremadtes that are e>q~sH sP+~~ Iterate, BuyePs sole ~ eu~teisra ray 5 ~ r of agreemartt shall 6e, a! 5eUm'a option, repairer replaceraeart ottlte produd or a refund of3sryai's payensr'3a €x l ~ Sai!&r rosy require Sarver to return me productlo BeVefe place of business or other rea~natre rts~ ~ ~ ea~sx ertl~ ~ ~ is Exticr Mcidentai or aottseytre<t6a1 damagt>s. ~ • ae~ ~ te: r ~ sr:` t~ Agreement to the event of noltpeKorman~ oaasioned by sblkes, iotireuts, sosdersTg, . ~ bs per' Y ts° 9Pf Carlter8, ads Of QOdi 90vernment aGttafl8, stet8 OfVJer~ dull Utue9t 4r oUter t~t6e:4 t>~+t' ;~ ~r~ » ' ~ 8 l's rights asatler this Agreenierd, and Salter may sabtxtrdract or detsgale hs ducks of ~ ~ ark . n its rigltm ar du8es ender this Agnaemesd avUhout Sellefs prior vrrlltsm ~nsertt '+ his.~raa~sr+t ~ "mss ~: Amer«a na Bulldrng Producfis P.O. Box 1290 • Salem II, 62881 1-800-85I-0865 • Fax:618-548-2890 • P.O. Bax 1Q90 #1 Industrial Drive Salem lL b2883 Toll Free 840-851-0865 Fax 618-548-4890 vwvw.americana.com Recycled material content of Americana products December 2Q07 Steel frames: The steel tubing is manufactured by Nucor Corporation, the largest steel producer in the United States. Nucor is the nation's largest recycler, recycling over 13 million tons of scrap steel annually. Aluminum roof panels 3105 aluminum alloy is used on the 10" and 8"wide structural roof panel. This environmentally friendly alloy is produced from 99% recycled aluminum with 80% of the scrap from post-consumer sources. 3004 aluminum alloy is used on the 24"wide roof panel and is produced from 99% recycled aluminum with less than 5% of the scrap coming from post consumer sources. GalvaIume® steel roof panels The Galvalume used on the 18" and 24" wide roof panels is produced from 30 to 35% recycled post-consumer scrap. Aluminum extrusions Our extrusions are produced from 50% recycled aluminum. 5% from post-consumer scrap. Ali steel and aluminum can be I00% recycled at the end of product life span. • April 11, 2008 MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT Mayors Office REQUEST Discussion of HPritcynP Rr711 Fir~lrlc • Department Reports AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cify of Meridian. COMMENTS ITEM NO. 6-8-~ ~k~~~ ~~ n April 11, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT Mayors Office ITEM NO. 6-B-2 REQUEST Meridian Arts Commission l1n~Jc~tP AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS ~~ • ~I~~ April 11, 2008 MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT Liberty Associates, LLC MFP 08-001 r 1 u ITEM NO. $ REQUEST Modification of the 6-foot vinyl perimeter fencing approved with the Final Plat landscaping plan for Cardigan Bay Subdivision (FP 07-040) -north of E. McMillan Rd, south of E. Chinden Blvd and west of 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: See attached Revised Plans See attached Comments See attached Comments Contacted: 5h~~ ~ ~.~ Date: ~~~ { -Q~ Phone: ~38'-~ $o Emailed: e$..S~Lrt~ [1.t t~(~Staff Initials: _ Materials presented at pubQc meetings shall become property of the Clty of Meddlan. COMMENTS See attached Staff Comments No Comment April 11, 2008 MFP 08-002 MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT Gemstar Properties, LLC ITEM NO. 9 REQUEST Modify FP from apporoved landscape plan to eliminate trees from drainage swales in center islands of roadway & near detention pond in response to ACHD requirements. Add'I trees will be placed w/in common area along W. Ustick & one tree planted on each individual residential lot (home builder responsible) for Southwick Subdivision - 1255 W. Ustick 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: No Comments See attached Comments See attached Comments MERIDIAN POST OFFICE: OTHER: See attached Request for Continuance Contacted: ~C(}H' N~YI ~tt.K..t Date: ~-~ l~~' Phone: 23a• 1?~Z Emailed: gCQ f°~ -{- ®Pm r+}~,r, ~ Staff Initials: COMMENTS ~~~~ • April 11, 2008 MERIDIAN CITY COUNCIL MEETING ~~ VAC 08-002 April 15, 2008 APPLICANT Doug Tamura ITEM NO 10 REQUEST Vacate the existing right-of-way of Nola Road for Nola Road Vacation -north of Lanark Street and east of Locust Grove 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 Sec ~-ttache~ ~~ No Comments s ~ See attached Comments See attached Comments OTHER: Contacted: ~U~~~~a,, Date: `-C°~ ~-(~$' Phone: '12 ~ -2. (~j ( Emailed: ~~~}-(j~_ly~~ ~ °('(Yy~ Staff Initials: MatEPials presented at pubUc meeflngs shall become property of the Cily of Merldlan. • April 11, 2008 • AZ 07-O1 b MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT Providence Development Group, LLC ITEM NO. 11 REQUEST Public Hearing -- Request for Annexation and Zoning of 224.29 acres from RR to R-2 zone (45.14 acres) and R-8 zone (179.16 acres) for Ccstle Rock south of East Amity Road and west of 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 P8Z Item Packet /Minutes See attached Comments See aftached Comments OTHER: See attached Letter from Andersons / Fabricious /Affidavit of Posting Contacted:~'~-~-in ll~~ Date: Phone: ~5.2?j~'Lp Emailed: 'I' h tom„ i (`~ Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. n April 11, 2008 MERIDIAN CITY COUNCIL MEETING April 15, 2008 P P 07-020 APPLICANT Providence Development Group, LLC ITEM NO. 12. REQUEST Public Hearing -Request for Preliminary Plat approval consisting of 794 residential building lots and 86 common /other lots on 181.11 acres in proposed R-2 & R-8 zones for Castle Rock --south of East Amity Rd 8~ west of S. Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See attached P>~Z Item Pocket /Minutes ~u..o~a-at.ad ~i-~d o'~ See attached Comments See attached Comments MERIDIAN POST OFFICE: OTHER: See attached Letter from Anderson's / Fabricious Contacted:. Tg ~-1) n ~,,,U~S Date: ~'l l'6~S hone: (~5 • Z3~p Emailed: Staff Initials: Materials presented at publ(c meetings shall become properly of the City of Meridian. ~~ u • April 11, 2008 MERIDIAN CITY COUNCIL MEETING PUD 07-001 April 15, 2008 APPLICANT Providence Development Group, LLC ITEM NO 13 REQUEST Public Hearing -- Request for approval of a Planned Unit Development for deviations from district requirements to provide an opportunity for exemplary site development for Castle Rock -- s/o East Amity Rd & w/o South Eagle 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: COMMENTS See attached P&Z Item Packet /Minutes X" ~p See attached Comments See attached Comments OTHER: See attached Letter from Anderson's / Fabricious Contacted: ~S}'IYl LL~.c~.Q~ Date: L~-ll.Q$ Phone: ~qCj-2.3gL0 Emailed: ~,~u.t~~~ht~.1o~1P ~~~~(~y~ Staff Initials: ~Materlals presented at public meetings shall become property of the City of Meddlan. • April 11, 2008 TE 08-003 MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT Ten Mile Development, LLC ITEM NO. 14 REQUEST Public Hearing -Approval of 1&month Time Extension to obtain City Engineers signature on FP & commence use in accordance w/ conditions of approval of AZ 05-016, PP 05-023, CUP OS-024, FP 06-011, PS 07-003 & TE 07-004 for Umbria SubdNlslon (aka Silver Oaks) -north side of W. Franklin Rd, appx 1 /4 mile w/o N. Ten Mile Rd AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Report CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: ~ CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: See attached Comments ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: See attached Comments NAMPA MERIDIAN IRRIGATION: See attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See attached Affidavit of Posting /Letter from Ten Mlle ChristiGan Church Contacted: ~,i l ~' ~ i/.~- Date: ~~~ o ~ ~ '~~~ ~ Phone: Emailed: j~ Staff Initials: Materials presented at public meetings shall become properly of the Cffy of Meridian. ~~ • April 11, 2008 MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT ITEM NO. ~ S REQUEST Continued Public Hearing from April 1, 2008 -- Outdoor Sales and Temporary Use Permit Ordinance AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See Previous Item Packet /Minutes OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Matertals presented at public meetings shall become property of the CRy of Meridian. • April 11, 2008 MERIDIAN CITY COUNCIL MEETING April 15, 2008 APPLICANT ITEM NO. ~ 6 REQUEST Ordinance No. 08-1354 -- Outdoor Sales & Temporary Use Permit Ordinance (3rd Reading) AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS See Previous Item Packet CITY OF MERIDIAN ORDINANCE NO. ~~ ~J~ 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 and/or dining opportunities available to City of Meridian residents; and 4) support and encourage community events and celebrations; WHEREAS, regulation of such outdoor sales and temporary uses is necessary 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 more efficient to provide for regulation of such sales and events in this Title of the Meridian City Code, rather than in Title 11, Chapter 3 of the Meridian Unified Development Cade, which shall be amended accordingly in a separate ordinance; WHEREAS, the regulations of mobile sales units as set forth herein are constitutional restrictions on commercial speech because: 1) pursuant to Watchtower Bible and Tract Society of New Yorl~ Inc., v. Pillage 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 descrip#ion of vehicles used, and report hours of operation; and protection of Meridian residents' privacy by restricting hours of operation; Z} these regulations directly advance these substantial governmental interests as required by Western States Medical Centex 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 regarding temporary uses as set forth herein are in accordance with available case law regarding 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 1 ~ ( "~ Constitution, according to the guiding principles set forth in Nationalist Movement v City of Yorl~ Pa., 48 F.3d 178 {3rd Cir. 2007); 2) do not delegate overly broad licensing discretion to a government official per Fo~^syth 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 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 publicrights-of--way during such use; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: 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 3-41: DEFINITIONS: For purposes of this chapter, the following terms shall be defined as follows: A. FIRST AMENDMENT ACTIVITY: Any and all expressive and associative activity that is protected by the United States and Idaho Constitutions, including speech, press, assembly, andlor 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 or second-hand items customarily found in or about the home; where such sale, trade, offer or any portion thereof occurs outdoors or where any goads offered for sale or trade aze 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 GAGE SALE. This definition OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 2 of 36 I • I • 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 chazge, 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, 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 and/or services aze sold, traded, given away; offered for sale, trade, or giveaway; displayed for the purpose of sale, trade, or giveaway; or delivered pursuant to such sale, trade, or giveaway; and which or wham: a. Does not remain within any 300-square-foot area for more than two (2) consecutive hours within any twenty four-hour (24-hour) 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 SALES 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 andlor services. 3. This definition shall not include FIttST AMENDMENT 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 commercial 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 ox 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 Mazket 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, trading, ar offering, of one (1) or more 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 r This definition shall include outdoor farmer's markets, outdoor flea markets, and outdoor arts, crafts, and/or hobby markets. This definition shall not include FixsT Atv~EivnMENT Ac~rivi~ 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 Urrified 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, ar displayed for the purpose of sale, trade, or giveaway; and which: 1. Remains within any 300-squaze-foot azea for more than two consecutive hours within any twenty four hour period; and 2. Is located an the premises of, or physically attached to, a permanent proprietor; and is operationally related or identical to such permanent proprietor. A PROMOTIQNAL S,~.ES UNrt 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 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. Tbis 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 be 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 parsons 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 ar regulation of pedestrian or vehicular traffic upon or in the streets, sidewalks, or other publicly accessible azeas; and b. Takes place, whether entirely or partially: (1} On a street or sidewallc 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 successful 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 azea 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, ar 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 ar 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; ar 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 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 SUBDNISION REAL ESTATE SALES OFFICE, the definition of SUBDMSION 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 rant, 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 xoME shall apply. N. TEMPORARY SALES UNIT: An outdoor oropen-air commercial or retail establishment, enterprise, or facility from or at which goods and/or services are sold, traded, offered for sale ar trade, or displayed for the purpose of sale, trade, or giveaway; and which: 1. Remains within any 30Q-square-foot area for more than two 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, raclc, palate, trailer, cart, vehicle, container, or other form of offering, displaying, or storing goods and/or services. This definition shall not include the sale of fireworks. O. TEMPORARY SIGN: A sign, andlor any device, fixture, placard, or structure which: 1. Uses any color, foxm, graphic, illumination, symbol, ar writing to identify, promote, advertise, or direct patrons to a TEMPORARY USE; and OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 5 of 3 b (~ `~ 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. TEMPURAYtY USE: The carrying on, for a determinate and transitory period of time, a use of, at, or upon real property, including, but not limited to, the sale, frade, 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, SUBDNISION MODEL HOMES, SUBDNISION 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 Recreation Department shall be deemed to be either a SPECIAL EvENT or OUTDOOR MARKET. 3-M2: MOBILE SALES UNITS: A. License and/or permit requirements. It shall be unlawful for any person to operate, allow the operation of, or act as a MOBIL 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, peanits, 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 Ciiy Code and/or the policies of the Meridian Parks and Recreation Department. S. 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 (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 bath 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 MOBILE 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 Mosu.E SALES UNIT, including license plate state and number, make, model, color, and other means of identification of such vehicle(s). (f) A description of the hours, locations, and means at and by which the MOBILE SALES UNIT will operate, travel, and/or 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 MOBII.E SALES UNIT within the City. (h) An agent upon whom service of process maybe 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 TEMPOR AR.Y 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 may be 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 or acting as a MO$ILE SALES U1vIT within the City. Such photographs shall be tavo inches by two inches and shall show the head and shoulders of the applicant ancUar employee or person in a clear and distinguishable manner. {4} Fingerprints, taken by the Idaho State Police, of the applicant and/or any employees and/or persons who will be operating or acting as a MO~su.E SALES UNIT within the City. {5) Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant and/or any employees and/or persons who will be operating or acting as a MO$ILE SALES UMIT within the City from all claims for damages to property and bodily injury, including death, which may arise firm operations under or in connection with the permit. Such insurance shall name the City as additional insured and shall provide that fihe 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 $100,000.00 per occurrence property damage. b. Upon receipt of all application materials requixed 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 or 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 (1) The application is incomplete arrequired 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 ar 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 bean convicted of any felony or of any violation of this section; or (5} The applican# and/or any employees and/or persons who will be operating or acting as a MO$u.E S.~L~s UNrr 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 (34} 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 may be appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. f. 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 Earth 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 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 {34) 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 36 I • i 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 1VIoBa.~ S~.ES UMT within the City under such license; (2) A description of the goods and/or services that maybe sold, traded, given away, offered, displayed, and/or delivered under such license; (3) The hours, locations, and means at and by which the MOBII,E SALES UNIT is licensed to operate, travel, andlor conduct sales, trades, giveaways, offers, displays, and/or delivezies 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) FmsT A1vtEIVDMENT 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 maybe 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 maybe 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 SAI,~s 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 ( ~ f {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. 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 maybe appealed to District Court according to the provisions of the Idaho Administrative Procedures Act. B. Time of Operation of Mobile Sales Units. i. 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 MOBTLE SALES U1~TIT upon a date that is outside the scope of a valid, current Mobile Sales Unit License. C. Place of Operation of Mobile Sales Units. 1. It shall be unlawful for any person to operate or act as a MOBII.E SALES UNiT or allow such operation or activity at a location tha# is outside the scope of a valid, current Mobile Sales Unit License. 2. It shall be unlawfitl for any person to park any vehicle or made of conveyance utilized in the operation or activity of a MOBU.E SALES UNIT in violation of any generally applicable provision of Meridian Ciry Code or local, state, or federal law. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 11 of 36 • 3. It shall be unlawful for any person to operate or act as a Mosu,E 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 for any person to operate or act as a MOBILE 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 ar 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 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 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 or act as a MO$u,E SALES UNIT 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 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 UNTT 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 MOBILE SALES UNIT to operate a musical instrument or amplification device from such MOBILE 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 MosILE 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 MoB][1[.,E SALES UNIT. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 12 of 36 i I • 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 maybe 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, pazks 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. 3-4-3: 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 TEMPORARY UsE without each and all of the following licenses, permits, and/or certifications: I . 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. S. 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: FutsT AMENDMENT AC'rrvITY on public or private property; any sale, trade, gift, offer, or display required by court order or by law; GARAGE 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 36 {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 corporate addresses, and both physical and mailing addresses. (3) A description of the use, ucluding any goods and/or 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). (6) Site plans} and/or maps}, 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 plan 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. {$) Perniission of owners of property upon which such TEMPORARY SIGNS will be installed, erected, posted, or displayed. (9) A description and/or schedule{s} 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. (10} Written permission of owners of all property or properties upon, through, or across which such TEMPORARY USE shall operate and/or occur. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 14 of 36 • (11} A description of the plan for the management and/or control of persons andlor crowds at the site(s) of such TEMPORARY UsB, 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/or in case of emergency; and the method(s) 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, and/or removal of the Temporary Use and the site(s) upon which it occurs or is operated, including, but not limited ta, the removal of any and all: structures, displays, restraoms, 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 (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. 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 maybe 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. c. Upon 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 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 Pernvt 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 TEMPORARY UsB will not be conducted in accordance with all 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 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 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 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 permiee 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 TEMPORARY UsE is permitted to occur; (3} A description of the structure{s} that may be 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 maybe installed, erected, posted, or displayed for the purpose of identifying, 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 all 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 perrnitee or by any employee or person operating or acting under such permit. (2) In the course of operating a TENrnORARY 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 permitee 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. 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 (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. B. Standards for All TEMPOxaR.Y USES. The following regulations on the time, place, and manner of TBMPORARY USES shall apply generally to any and all TEMPORARY USES. 1. Failure to obtain Temporary Use Permit. It shall be unlawful 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 pennitee 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 35 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 anytime 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 or allow the operation of motorized vehicles upon any surface other than concrete, asphalt, grasscrete, pavers, bricks, and/or 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 structures, signs, merchandise, or any other material utilized in the operation or occurrence of such TEMPORARY USE, whetb.er or not a City of Meridian Temporary Use Permit is required for 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 of Meridian Citizens Use Permit. 9, Required buffer landscape areas. Unless otherwise approved, it shall be unlawful for any person to operate or cause or allow the operation or occurrence of any TEMPORARY UsE, whether or not 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. 10. 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 for 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 18 of 3 & • • 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. 11. Caretaker unit. It shall be unlawful for any person operating or causing or allowing the operation of any TEMPORARY USB, whether or not a City of Meridian Temporary Use Permit 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 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 hazazds and nuisances. c. All surfaces used for parking shall be constructed with concrete, asphalt, grasscrete, pavers, bricks, macadam, and/or or vegetative cover. Recycled asphalfi 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. 13. 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 ar 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 locate or operate a compressor, fan, pump, or other motorized equipment within one hundred feet (104'} of a residential district. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 19 of 36 • 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 TEMPORARY 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 sidewallc or pedestrianway shall remain unobstructed. Where the conduct of a TEMPORARY UsB obstructs a sidewallc 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 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 TEMroRARYUsES shall also apply. 1. Standards for $UBDIVISION Mon>r[. HOMES. a. Where a structure is both a SiJBDNISION MODEL HOME and a SUBDMSION REAL ESTATE SALES OFFICE, such structure shall be subject to the standards for a SUBDMSION MODEL HOME. b. A SUBDIVISION MODEL HOME shall be located at or upon a lot or lots within the subdivision containing the lots andlor 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 SUBDIVISION 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 SUBDNISION MODEL HOME serves as an exhibit or example. c. A SUBDIVISION 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 SUBDIVISION 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 SUBDMSION MODEL HOME, such unit shall meet any and all applicable standards for commercial occupancy and shall obtain any and alI permits required by Title 10 of this Code. It shall be unlawful to operate or cause the operation of a SUBDNISION MODEL HOME where such SUBDMSION MODEL HOME does not meet all applicable standards for commercial occupancy ox without any and all permits required by Title 10 of this Code. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 20 of 36 • r • d. The principal use of the SUBDrvISION 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 SUBDIVISION MODEL HOME as a financial institution of any sort, including as an appraisal, loan, or closing office. e. A SuBDMSION MODEL HOME may be operated only until there aze 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 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 HOME. (1) No more than one (1) TEMPORARY SIGN per one {1} SiTBDMSION MODEL HOME shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such SUBDMSION 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) SUBDMSION MODEL HOME identifying, promoting, advertising, or directing patrons to such SUBDIVISION 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 SUSDNISION 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 SUBDIVISION MODEL HOME where the area of such TEMPORARY SIGN exceeds sixteen (16) squaze 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 SusDMSION MODEL HOME upon any property other than that property upon which the SUBDrvISION MODEL HOME is located. (4) Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a SUBDIVISION MODEL HOME shall be removed within twenty-four {24) hours of the conclusion of such TEMPORARY UsE. 2. Standards for SUBDIVISION REAL ESTATE SALES OFIN'1[CES. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 21 of 36 i r a. Where a structure is both a SUBDNISION MODEL HOME and a SUBDNISiON REAL ESTATE SALES OFFICE, such structure shall be subject to the standazds for a SUBDNISION MODEL XIOME. b. The operation Of a SUBDIVISION REAL ESTATE SALES OFFICE without the following valid and current licenses, pemuts, 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 SUBDMSiON 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 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 Such SUBDIVISION REAL ESTATE SALES OFFICE. d. The principal use of the SUBDIVISION REAL ESTATE SALES OFFICE shall be the Sale of lots and/or dwellings within the subdivision or planned unit development in which the SUBDMSIUN REAL ESTATE SALES OFFICE is located. It shall be unlawful for any person to use or allow the use of a SUBDNISION REAL ESTATE SALES OFFICE as a financial institution of any sort, including as an appraisal, loan, or 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 SUBDMSION 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 IOtS 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 standazds 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 SUBDMSION 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 SUBDMSION REAL ESTATE SALES OFFICE. (1) NO mare than one (1) TEMPORARY SIGN per One (l) SUBDIVISION REAL ESTATE SALES OFFICE shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to such SUBDNISION OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 22 of 36 r r 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 (1) TEMPORARY SIGN per one (1) SUBDMSION REAL ESTATE SALES OFFICE identifying, promoting, advertising, or directing patrons to such SUBDNISION 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 SUBDNISION REAL ESTATE SALES OFFICE Shall not exceed Sixteen (16) Square feet. It shall be unlawful for any person to install, erect, past, 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 SUBDNISION 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 installation, erection, posting, or display of any TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SuBDNISION REAL ESTATE SALE5 OFFICE upon any property other than that property upon which the SUBDNISION REAL ESTATE SALES OFFICE is 10Cated. (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. Standards for PROMUTIUNAL SALES UNITS. a. The operation of a PROMOTIONAL SALES UNIT without the following valid and current licenses, permits, and/or 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 applicable. {3) Any and all applicable licenses, permits, and/or certifications from the Central District Health Department. {4) Any and all licenses, permits, and/or certifications required by Title 10 of the IVleridian 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 ixi 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 (160) 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. (1) No more than two (2) TEMPORARY SIGNS per one (1} PROMOTIONAL SALES UMT shall be installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, 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 area of any TEMPORARY SIGN installed, erected; posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNIT shall not exceedthirty-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, pasting, or display of a TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNIT where the azea of such TEMPORARY SIGN exceeds thirty-two (32) square feet. (3) It shall be unlawful for any person to install, erect, past, 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 UNIT upon any property other than that property upon which the PROMOTIONAL SALES UNIT is located. (4} Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a PROMOTIONAL SALES UNIT shall be removed withva twenty-four (24} hours of the conclusion of such TEMPORARY UsE. 4. Standards for T>;MrORARY SALES 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. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 24 of 36 1 {2} A City of Meridian Citizen's Use Permit, where applicable. {3) Any and all applicable licenses, permits, andlor 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, permits, 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 UNrr is to be located. b. It shall be unlawful to operate or cause the operation of a TEMPORARY SALES UNIT in a residential district. c. For TEIVIPORARY SALES UNITS that stay on the site for the full duralaon 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 are (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 UNIT. It shall be unlawfizl 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 certifications 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 far 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 UN1T. (1} No more than two (2) TEMPORARY SIGNS per one (1}TEMPORARY SALES UNIT shall be installed, erected, pasted, 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 {I) TEMPORARY SALES UNIT identifying, promoting, advertising, or directing patrons to such TEMPORARY SALES UNIT. OUTDOOR SALES AND TEMPORARY USES ORDINANCE--Page 25 of 36 i~ ~~ (2) The area of any TEMPORARY SIGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a TEMPORARY SALES UNIT 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 UNIT 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 UNIT upon any property other than that property upon which the TEMPORARY SALES UNIT is located. (4} Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a TEMPORARY SALES UNIT shall be removed within twenty-four {24) hours of the conclusion or close of such TEMPORARY UsE. 5. Standards For SPECAAi. 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, 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. (S} Any and alI licenses, permits, inspections, and/or certifications required by Title 10 of the Meridian City Code. (d} Any and all licenses, permits, inspections, and/or certifications requited by Title 13 of the Meridian City Code and/or the policies of the Meridian Parks and Recreation Deparhnent. (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 ORDINANCE -Page 26 of 3b f ~ ~ (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 clauns 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 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 all other licensing or other applicable provisions of local, state, or federal Iaw, except that where a SPECIAL EVENT includes MOBILE SALES UNITS, such MOBILE SALES UNrrS shall be exempt from the requirement to obtain 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 specified for such SPECIAL EVENT in a validly issued City of Meridian Temporary Use Permit. c. SPECIAL EVENTS shall be allowed far 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, oz organize a SPECIAL EVENT in a residential district, except that: {1) Neighborhood events or block parties shall be permitted in residential districts without a Temporary Use Permit, although a City ofMeridian Citizen's Use Permit may be required. {2) A SPECIAL EVENT 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. (3) A SPECIAL EVENT may be conducted, allowed, or organized in a park located in a residential district, provided that this section shall not exempt any such SPECIAL EVENT from compliance with all other applicable provisions of this chapter. e. The fallowing 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, past, or display or to allow or cause the installation, erection, posting, or display of a TEMPORARY SIGN or OUTDOOR SALES .AND TEMPORARY USES ORDINANCE -Page 27 of 36 TEMPORARY SIGNS where the quantity or dimensions thereof exceed the limitations set forth in this section. No more than two hundred (20Q) TEMPORARY SIGNS with an azea not to exceed six (5} 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 exceed 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. {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 TEMPORARY SIGN identifying, promoting, advertising, or directing patrons to a SPECIAL EVENT upon any property without the permission 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. 6. Standards for OUTDOOR MARKETS: a. It shall be unlawful for an ORGANIZER of an OUTDOOR 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 OUTDOOR MARKET is to be Located. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 28 of 36 ($} 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 daze without 30 days' advance written notice to the City. Such insurance shall afford minimum limits of $500,000.00 per person bodily injury, $SOO,000AO 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, except that an OUTDOOR MARKET maybe conducted, allowed, or organized in a park located in a residential district, provided that this section shall not exempt any such OUTDOOR MARKET from compliance with all other applicable provisions of this chapter. c. OUTDOOR MARKETS maybe allowed in any nonresidential district or park 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 {l) day per week. d. The following provisions shall apply to any and all TEtviPORAItY 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 TEMPORARY SIGN or TEMPORARY SIGNS where the quantity or dimensions thereof exceed the limitations set forth in this section. No more than twenty {20) TEMPORARY SIGNS with an azea 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 area 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 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 an OUTDOOR MARKET upon any property without the permission of the owner of such property. (3) Any and all TEMPORARY SIGNS identifying, promoting, advertising, ar 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 SALES. a. It shall be unlawful for any person to conduct a garage sale at any one {l) address: OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 29 of 36 • • (1) 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. (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 t0 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 reference to the date(s), address, and location of the garage 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 be exempt from the provisions of this 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. g. The following provisions shall apply to any and all TEMPORARY SIGNS related to a GARAGE SALE. (1) No more than four (4) TEMPORARY SIGNS per one (1) GARAGE SALE shall be installed, erected, posted, or displayed for 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 of more than four (4) TEMPORARY SIGNS per one (1} GARAGE SALE identifying, promoting, advertising, or directing patrons to such GARAGE SALE. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 30 of 36 . ( • {2} The area of any TEivtPORARY SFGN installed, erected, posted, or displayed for the purpose of identifying, promoting, advertising, or directing patrons to a GA1tAGE SALE shall not exceed six {b) 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 TEMpottARY SIGN identifying, promoting, advertising, or directing patrons to a GAxAGE SALE where the area of such TEMPORARY SIGN exceeds six (6) 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 GARAGE SALE upon any property without the permission of the owner of such property. (4} Any and all TEMPORARY SIGNS identifying, promoting, advertising, or directing patrons to a GARAGE SALE shall be removed within twenty-four (24} hours of the conclusion or close of such TEMPORARY 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 may be deemed a separate and distinct violation. E. Emforeecnent. 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 and recreation 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 #his 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. 3-4-4: CITIZEN' S USE PERNIIT 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 commercial, 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 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 or total obstruction of such streets or sidewallcs; or OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 31 of 36 3. Requires far 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 Permit shall not be required for funeral processions. S. It shall be unlawful to operate ar execute, ar 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. 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 dates} and times} 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, and/or other forms} 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 2G U.S.C. §§ 501(c)(3), 541(c)(6} or b. A governmental entity. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 32 of 36 '• 'i Further, the city council may waive in whole ar in part the Iicense 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. 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 arise 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 limits of $500,000.00 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 casts, expenses, and attorney fees that may be incurred by reason of any act, omission, neglect, or misconduct of applicant or ifs participants in the use of the locations} 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 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 regarding 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 proposed activity or event would be harmful to the public health, safety, or welfare. 2. Submit courtesy copies of the application to the Ada County Sheriff'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. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 33 of 36 / • ( • 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 asset 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 Clerlc 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; 2. 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 denial. 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 Clerk's issuance or denial of an application of a City of Meridian Citizen's Use Permit may be 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. Following a public hearing on the appeal, City Council shall either affinm.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 date{s) and time(s) during which such permit is valid; 3. The location(s) and/or route(s) that the pennitee shall be authorized to use under the permit; and 4. Any and all conditions to which the permitee and/or participants shall be required to adhere in the course of planning and/or executing such activity or event. 7. The City Clerk may revoke a City of Meridian Citizen's Use Permit where: l . A term or condition of the license is violated by the permittee or by any employee or person operating or acting under such permit. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 34 of 36 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 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. 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 {I4) 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 or occurs may be deemed a separate and distinct violation. M. Enforcement. Peace officers andlor 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 deparhnents 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. 3-4-5: SEVERASILITY: 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. SECTION 3. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 35 of 3d the i of Meridian Idaho this /~ of PASSED by the City Council of C ty , y 2008. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of zaos. APPROVED: ATTEST: ~A,YOR ®``~`~ltt1111tIP tt/iJJ ~~ ~ ."' ~ y j ~~ ,,, s iis'',,~ ' ~t-4~`a JJJ~~~P!lPPtll Ii41!>it~+~` OUTDOOR SALES AND TEMPORARY USES ORDINANCE -Page 36 of 36 • • April 11, 2008 MERIDIAN CITY COUNCIL MEETING April 15, 2008 RZ 07-023 APPLICANT Landmark Engineering & Planning, Inc. ITEM NO. 18 REQUEST Ordinance -- Request for Rezone of 0.62 acres from R-4 to an R-8 zone for Blackstone No. 2 -- 4700 West Aspen Creek Street 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 (~$-1355 Contacted: ~n~ C ® Date: -l I -~~ Phone: ~' _ (~ Emailed: - Staff Initials: Materi Is presented at public meetings shall become property of the City of Meridian. f, ADA COUNTY RECORDER J. DAVID n„~0 AMOUNT .00 ; BOISE IDAHO 04/24/08 03:13 PM RECORDED nREQUEST OIF III II~I'~II~I'~~I"I~~IIIII'I~'I'~ III Meridian City i ~$~'~$~~~' CITY OF MERIDIAN ORDINANCE NO. O S' ~ 355 BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE FINDING THAT PROJECTS WEST, INC., THE OWNER OF CERTAIN REAL PROPERTY HAS MADE A WRITTEN REQUEST FOR REZONE OF THE ZONING CLASSIFICATION (RZ-07-023 BLACKSTONE SUBDIVISION N0.2) FOR REAL PROPERTY BEING A PARCEL OF LAND IN THE NW 1/ OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" OF THIS ORDINANCE AND RE- ZONING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND WITHIN THE CORPORATE LIMITS OF THE CITY OF MERIDIAN; AND RE-ZONING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R- (LOW DENSITY RESIDENTIAL DISTRICT) TO R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE TT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re-zoning by the owner of said property, to-wit: PYOjects West, Inc.. SECTION 2. That the above-described real property is hereby re-zoned from R-4 (Low Residential District) to R-8 (Medium Density Residential District) in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. RE-ZONE OF BLACKSTONE SUBDIVISION N0.2 - RZ-07-023 -Page 1 of 3 ( • SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this `~ day of ,~~''1 ~ , 2008. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of ~ ~ , 2008. MAYOR - de WEERD ATTEST: JAYCEE HOLMAN, CITY `````'```~~~~tit~~i~iu~t~iii~~~'i a ~ ~ ~~ A ~' R' ' `` ~ ~~ ~ ~~ O ~~i~L 7 ~~ "~i`''`' ~ `,` ~~~itr~u~nt ~~~~~~`~~~ RE-ZONE OF BLACKSTONE SUBDIVISION N0.2 - RZ-07-023 -Page 2 of 3 `i STATE OF IDAHO, ) ss. County of Ada ) ~~ On this ~~ day oft 1'1 ~ , 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .~~®•®® a• (SEAL) : K O T~~ ~„~'- ® , ~ s ® 1 p ® 1 s ~ ~ + s ® ~~ i ~ ®f~. '. i ;;~~ii '~j ~1 ® ®s lY"•• • ®®i^®~~ NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: 1~~ 1~ RE-ZONE OF BLACKSTONE SUBDIVISION N0.2 - RZ-07-023 -Page 3 of 3 • (~ • ~~ ZONING LEGAL DESCRIPTION BLACKSTONE SUBDZVYSION N0.2 A patcel of land located i.n the NW 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho being Lot S, Bock l of Blackstone Subdivision as recorded in Book 82 at Page 8947 through 8949 of flats, Ada County, ldalso and also a portion of N. Tessa Avenue and W. Aspen Cteek Street Right-of--Ways; more particularly described as follows: Cammencinb at a 5/8 inch Iran rod marking the Northwest corner of said Section 10; 'Thence along the North l.i~ne of the said NW 1/4, South 89° 4U' 23" T~asi, 68.44 feet; Thence Leaving saidNorth line, South 0° 19' 37" West, 74.93 feet to a 5/8 inch iron rod ta~arking the Northwest corner of said Lot 5 and the POINT OF BCGINNING; Thence along the boundary of said Lot 5 the followia~g courses: South 89° 38' 12" Nast, 212.73 Feet to a S/8 inch iron rod; "Thence South 0° 17' 30" West, 66.00 feet to a 5/8 inch imn rod•; Thence South 55° 18' 3G" Cast,'48.79 feet•t0•a 5/8 It1C11 11'Qn PQd 021 the Northwesterly Right-of--Way of N.1'essa Ave. % W. Aspe3~ Creek Street; Thence leaving said boundary of Lot 5, South 55° ] 8' 3G" 1=..ast, 35:~Sa feet to a paint ofnon-tangency; Thence 48. ] 2 feet along a 25.75 foot raditts.otirVe to ~~ha-l~r through a central angle of 107° 04' 04" the chord of which bears South 48° 48' 1 G" West, 41.42 feet to a point of non-tangency; 'Thence North 54° SG' 29" West, 29.41 feet to a point on the Northwesterly Right-of Way of N. Tessa Ave. / W. Aspen Creek Strc;et; 'T'hence along tiac boundar3~ of said Lot 5 the following courses: Thence North S4° 56' 29" Wesi, SG.I $ feet to a 5/8 inch iron rod; "Thence South 89° 55' 3G" West, 48.92 feet to a 5/8 inch iron rod; "I'henee Soutb 0° 04' 24" Fast, 33.20 feet; Thence South 89° 55' 3G" West, 13].99 i'eet to a 5/8 inch iron rod; Thence N:atth 0° OG' 35'° West, 127.31 feet to the POINT' OIf' I3ECINNING. Said parcel contains 26,874 sq. fY. or 0.62 acres, more or less, and is subject to any and al! easements and/or rights-of-way of record. NOTE: 'This desctyption is to be used for zoning purposes only. k is in no way intended to be used for transfer of title. ttE1-IEW AL BY G~.~ .,g~.~ ~ ~ M waRKS ~~c I :\I'roject [~ileslCA7t1271Surveylt,EGAL DESCRti'TiONSV3lackstane•_2,,.7-ONING 122107ES.doc ~~ :i~ f :il~q ~ 5 O .x ~ any ~~ ~ ~ ~ ~~ s ~~ ~ o ~ ~ ~~ ~ Y r ~ ~~ ~ ~ ~ ~,~~q~~~~ ~~~ ~x .,a _G ro (A N•. iC A +R'7 q~p~~ v' (n O ~.W :m w .IJ AI -~ LANDSCAPE ~o~~~~~ ~~ w ~z~~~~~s Q~~ ~o ~ o~~ °' ~~z ~ ~~ ~~ ~~ ~~ ~y ~a v~ y A i m IM 127.31' _ _ S00't9'37"W .... ~ ; -- ~~ ~~~74.93' ~ o "tl ~z O ~~~N~ ~~ ~, ' -A n . o~ ~ ~. ~"' ! ~ ° ~ ~ iA ~ K~ ~~ ~ ~ IJ ~ ~~ ~! m~ ~~ ~ ~ ~, ~ I .J, W~ .) i ~W Ig z 'od Q N ~~ "S ~ n~ w ~ ti ~~~ o~ -~ ~~ .~~ ~b ~ oyi ~ $~ ~00' 17'30"W 66.Oa w ~ ,¢, V 4~0 ~Ri iri° , _ ~C ~ ~a a~ ~o p v~ N ~ O ~ V1 a ~~ Z aZ ~~ ~~~ ~ N ~ V {11 W ~ i l 1 /%/ c'~ QS- ~ '. N. TESSA AYE. ~ °`~ 11 ~ ~ O `^~ \ A ~ ~ \ [ i3 t=3 ~~ [+J H Z N a; o z o'7O a$ ~' ~~ ~1 I AO w0 - ~; ~ IV N P~ ~. C,'! ~: ~6Y ' N ~~ ~lv ms .'O ~~ b~~~ coo ~~®~ m o ~~_~~ co ~ H ~ y N a~ ~ 3 ~ :~ Q y'"'O N Q ~ A '0'h ~ y -* o ma ~~o ~~ ~~ >> arc a 0 S ~~°s ~~ ~v >go ax ~~~ z n O z n S ~~ os ~i ~ a ~o. ~ ;-+ A ~~ _~ ~~Z~ PROJECT NO. EXHIBIT FOR co7o27 ~ _ ~~,~ BLACItSTONE ,NO.2 SLIBDIVISl01v ~ °~ ~.pa~ SWEET a~ end'. ~,~ ~~~ «.~,,: "" ~ of ~ ZONING CHANGE ef, gR J.C.. CARPENTER i (~ (~ NOTICE AND PUBLISHED SITMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.08-~_ PROVIDING FOR RE-ZONING ORDINANCE An Ordinance of the City of Meridian granting re-zoning for land located in the NW 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A". This parcel contains 26,874 square feet or .62 acres more or less. This parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed as attached in exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho Avenue, Meridian, Idaho. This ordinance shall becq~a~f~~t~v,~,on the ~5~' day of 2008. ``e,,•``~~~'~ ~ ,,'~~'~,'. ~' ~~o City of ridian ~ - Mayor and City Council = ~ By: Jaycee Holman, Ci Clerk '~. ~ "4r tst •, ~.~`y tY First Readin ~-~~-d~ ''''~~~~''~~~,,~,~,~~~`~~~~```+\ g inn Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES_~ NO Second Reading: Third Reading: ~- STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 08- ~~5 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 08- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of ~j ~ , 2008. t William. L.M. Nary City Attorney ORDINANCE SUMMARY - RZ 07-023 BLACKSTONE SUBDIVISION No. 2 -Page 1