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Home My WebLink About2008-03-25 (~jQ~E IDIAN' CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, March 25, 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: 17 c~nr~. 1 3. Community Invocation by Pastor Burto o erts (Retired) with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: -~r,~.•.9-,~.~~~- ~ ~ v~-~ 5. Consent Agenda: (~,~p~y~,~y~ ~c~„~,.y~Q A. Findings of Fact and Conclusions of Law for Approval: AZ 07- 018 Request for Annexation and Zoning of 9.764 acres from RUT to C-C zone for Settler's Sauare Subdivision by Seagle Three, LLC - 870 West Ustick Road: B. Findings of Fact and Conclusions of Law for Approval: PP 07- 024 Request for a Preliminary Plat with 12 commercial building lots and 2 common lots on 9.764 acres in a proposed C-C zone for Settler's Square Subdivision by Seagle Three, LLC - 870 West Ustick Road: C. Findings of Fact and Conclusions of Law for Approval: AZ 07- 019 Request for Annexation and Zoning of 15.49 acres from RUT Meridian City Council Meeting Agenda -March 25, 2008 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ 1 A_ ~ ~ I v ~ ~ 2, f, i ti ~ E ~~ h j ~' ~~ ' f i ) f~~ I ~ I . ~ i + ~ r s ~~ r € P f ~ ~ i ~ ~ ~ ~ : t` ~ 3; 4, ? ,. F ~ ~ E ~ ~ ; i I k ; i s j ~ ~. ~ I. C ! 1. ~ ! i ! ~ ~F e L ~ j s ~ 5 a t I € ~ ~i ~ t ~` I ~ I ~ F ~* ~ ~ ? 5 ~ ~ ~ F ~ ~ ~ ~; ` ~ t ~ i s ~ h ~ ~ t l~ ~ ~ ~ ~ :k Q ~ S Et ~ ~~ t ~ ' ~ ~ ~ R e ~ ~ , y ~ ' ~ • ~ ~ f , i 2 ~ t '3 ~ ~ . r I ~ t ~ j t t ! +:, ~ ~ ~ g :~ ' ; i J I ti F ¢ i i ` ~ ~ • JJ '3 S FF (E r to L-O zone for Stake House by the Church of Jesus Christ of Latter Day Saints - 5555 North Locust Grove Road: D. Water Main Easement Aareement for Gardner Ahlauist Gateway No. 1 by Meridian Medical Plaza, LLC: E. Water Main Easement Aareement for 10-Mile Christian Church: F. Change Order No. 4 for the North Black Cat Trunk Sewer with Brown Construction, Inc. for $11,360.00: G. Change Order No. 5 for the North Black Cat Trunk Sewer with Brown Construction. Inc. for $13,952.00: H. Task Order No. 0750 for the Sewer Main Extension at Powers Residence with Civil Survey Consultants, Inc. for $7,490.00: Task Order No. 2.6 for CEPT Pilot Test Support with CH2M 1,~, HILL for $9,973.00: "1,~ J. Approve New Beer 8~ Liauor License for Cheerleaders Sports Bar and Grill at 3541 North Eagle Road: K. Approve Beer, Wine and Liauor License Renewals: A New Vintage Wine Shop 1400 N. Eagle Rd. Kahootz Pub 8< Eatery LLC 16 t. ~'~ Meridian Speedway 335 E. Main St 12u~~ Whitewater Pizza & Pasta 1510 N. Eagle Rd. The Cigarette Store Inc. 200 E. Fairview Ave. Ultra Touch Car Wash 835 E. Fairview Ave. Louie's Italian Restaurant 2500 E. Fairview Ave. Sakana 1718 S. Eagle Rd. White Water Saloon 1646 N. Meridian Rd. Rite Aid #5412 1600 Main St. Carino's Italian Grill 3551 E. Fairview Ave. WinCo Foods, LLC. 1050 S. Progress Ave. Idaho Pizza Co. 405 E. Fairview Ave. Cheerleaders Sports Bar & Grill 3541 N. Eagle Rd. L. Temporary Construction Easement between City of Meridian as Grantor and ACHD as Grantee for Split Corridor Phase 1: Meridian City Council Meeting Agenda -March 25, 2008 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 6. Department Reports: A. Planning Department /Legal Department 1. Discussion of the Outdoor Sales and Temporary Use Permit Ordinance: B. Legal Department 1. Approve SWAC Recommendation for funding of Trash Can Holders purchase of $2,723.00 for Western Ada Recreation District: 7. Items Moved from Consent Agenda: 5~~ ,rrvuv~-~ 8. Public Hearing: 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 E e Care by Dr. Dan Thieme - 125 West Cherry Lane: ~y~,,w4o (~ / 9. Public Hearing: MI 08-001 Request for a Miscellaneous application to modify the Development Agreement to remove the requirement for cross- access between the properties located at 125 W. Chevy Lane and 1645 W. 1St Street for Mittleider by Dr. Dan Thieme - 125 West Chevy Lane: ~~~~ ~ v ~ Meridian City Council Meeting Agenda -March 25, 2008 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. rr t {, ~ ; ~ r 1~ E~ ! i' IJ ~ _- ~: i ;~~. o ~: ,`, j ~ >t j h '~ ~'T i ~; -- ~ x ' ~ ~ i ~ t i IG i ' ~ ~ ; ~ ~ a 'r ~ I Si4 I d „i' ~ I r ' I. ~ ~ ~ F ( ~ 3 ':l ,~ ' _ 1; I I ~ ; ' s ~ 1 ~ ` ~ ~ s, ~~ i 1 f a i ~_ _ ~ i '`~ } I i, i t- ~? ~ ~ 3 3 ~ t F ~ ~. s f '' ~' F , ~ r ~,~ a ~ ' a tr t ~ s ~ s Meridian Cifiv Council Meeting March 25 2008 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, March 25, 2008, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, and David Zaremba. Members Absent: Charlie Rountree. Others Present: Ted Baird, Jaycee Holman, Anna Canning, Tracy Basterrechea, Ron Anderson, Kyle Radek and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Borton . O Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I will call tonight's meeting to order. Thank you for the few that have joined us this evening. It's always nice seeing you, Brenda. It is Tuesday, March 25th. It's 7:00 o'clock for the record. We will start tonight's meet with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance: De Weerd: Okay. Tonight we will be led in the pledge by Ralph. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation: Bishop David Keeley. De Weerd: I k;now that Bishop Dave is here, but I can't remember his last name. Keeley: That's okay. De Weerd: Pardon? Keeley: That's all right. ~ ~. 3 ~ t ~ ! c ~ F :~ ~ ~ { K~ E ~ f ~ i ~ ~ ~ f} F ~ c } q ~ ~~ ~ ~ ~ , i ~pp~ ~ FF, ~ ~~ ~ ti ~ ~ ` G - ~ $ ~ •~ j. S bd S ~ F4 ~ ~ t i ~ ~ . i 3 , ~ ~ . yy i i 7 ~ e r ~ ~ I ~ ;, .~ ~ i ~ r ~ ~i y ~~ ~ ~ i ~ _ ~ i i 1 ~ ~ ~. i T ~ ' a_ ~y ~. (I A. ~ ~.. .,~ r, ~ P L ~ r I j tF i ~, ~ ~ ~ r~ ~ J { t A~ ~ 7 p { Meridian C' Council March 2008 Page 2 of 26 De Weerd: So, he goes by Bishop Dave. And he will lead us in the community invocation tonight. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. If you will step to the microphone. Thank you. Keeley: Our Heavenly Father, we are, indeed, grateful for this opportunity we have to meet as a Ciity Council and as members of the Meridian City here. Father, we are grateful for thy blessings upon us and for this great land in which we live. We pray that they spirit would be given unto us that we may make appropriate and right decisions as we govern in the affairs of men here upon this earth. Wilt thou bless this town council and the Mayor that they make decisions that will benefit this community and bring greater joy, peace, and happiness to the inhabitants of Meridian here. And, Father, we again acknowledge thy hand in our lives and are grateful for it and this we do in the name of Jesus Christ, amen. De Weerd: Now, Bishop Dave, I will ask you what your name is. Keeley: David. De Weerd: Okay. What is your last name? Keeley: Keeley: De Weerd: And, see, because I just called -- kind of called you Bishop Dave when I came in here, so it kind of stuck in my mind. Keeley: That's okay. I have been called many things. De Weerd: Me, too. I wonder if they are the same. I hope not. Keeley: Probably not appropriate for -- De Weerd: I would like to present you with the City of Meridian pin that will some day soon be obsolete, because we are almost out of them, so they are coveted. You might find them on eBay some day, but we appreciate you being here tonight leading us off with the right message to set the tone for our meeting. Keeley: You're welcome. De Weerd: So thank you. Keeley: You're welcome. Thank you. Item 4: Adoption of the Agenda: F ~r ~ j ~ ~ E M d ~~ ~~ ~ z ~ ~ ~ ?t ; ~ ~ ,~ a ~ I ~ ~ ' I _ € ' ,~ j.. +. i t{ t t t f .~.' 1 ~ ; ~ t _ tii~~ ~ , ~ 4 ~ { ~ i c, ~ i~ ~ . ~ ~ " i . ~ ~€ ~ ~ s r ! ~ r , ~ { i I ~ ~ tf ~ 3 ~ r ~~ c ~ k~ ~~ k # ~ ; + ~ .I ~ I i ~ r ~ t ~ : k ~ ' ~ 3 ~ t } ii_ ~i t" ~ ~ I' `t ~ -. o r ~ ~ 7, ~ I i ' ~~~ ~l I - ~ } ~ T ~~ . ~, r ~ ~ d ~ ~ ~ ~ ~ ~ ~ t ¢ ~ ~ ~ ~ c ~ ~ ~~ s I ~ t i ~ ~ Meridian City Council March 008 Page 3 of 26 De Weerd: Thank you. Bishop Keeley. Thank you. Okay. Item 4 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: N1r. Zaremba. Zaremba: Let's see. When we get to the Consent Agenda I will ask that items J and K be moved to Item 7 and I understand that both Item 8 and Item 9 need to be continued to April 1st for failure to post. With that I move we adopt the agenda as modified. Bird: Second. De Weerd: Okay. I have a motion and a second to adopt the agenda as approved. All those in favor say aye. All ayes. Motion carved. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. I don't have whatever you just read off of, so I don't -- Anna, did you give a report tonight, which I don't have in front of me? Holman: Madam Mayor, I put one in front of everybody's station. De Weerd: -Thank you. Canning: Madam Mayor, Members of the. Council, I did not provide meeting notes tonight, because there is jusf the temporary use and I have it all on the slide show. Item 5: Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 07- 018 Request for Annexation and Zoning of 9.764 acres from RUT to C-C zone for Settler's Sauare Subdivision by Seagle Three, LLC - 870 West Ustick Road: ~. Findings of Fact and Conclusions of Law for Approval: PP 07- 024 Request for a Preliminary Plat with 12 commercial building lots and 2 common lots on 9.764 acres in a proposed C-C zone for Settler's Sauare Subdivision by Seagle Three, LLC - 870 West Ustick Road: C. Findings of Fact and Conclusions of Law for Approval: AZ 07- 019 Request for Annexation and Zoning of 15.49 acres from RUT ~ ~ k ~ ~ ~ f Y ~ 2 p 1 1 `' ~ ~ ~ { 1~. ~ i r ~ ~ H ` ~ 7 .1 f ~ . . ~~ ,i I 9 . ~ C ! ,k ~ ~ ~ ~ .. 1 F p ~ E r i 9 I~ , ~i ~ a- { ~ ~ i j fs ~ G If y { 1 vv~:: x ~ r j{j{j{ ~ ~ { q ' y ~ JrF ~ ~ '~ n S ~{ ~ , ( i q ~ ~ 1 yuYYry i i ~ . { } f t i [[[ K ~~ ~ ~ N • ~ ~ ~ e 4 ~ ~ k t t'. ~ ~ ( 1 . ~ E~ '~ 3 ~~ 4 ' '? ,y; ~ 1 3 s ; ~ ~ E s k ~ ~ ~ ~ ~ i ~~ , ~; H 4' ~ i. ~ ~ { .{ 1 . t [[ ~ 1 ! ~ i EF ~~ i s ~' r ~ 2 ~ ~'i ~ , ~ ( !~ ! ( ~. } t ~ , ~ ~ ~ ~ ~ k ~ 11 I ~ ~ i l ~ r )d t ` 1 _ f ~ k ~ _ ` } y , f Meridian Ci Counc:il March , 2008 Page 4 of 26 to L-O zone for Stake House by the Church of Jesus Christ of Latter Day Saints - 5555 North Locust Grove Road: D. Water Main Easement Agreement for Gardner Ahlauist Gateway No. 1 by Meridian Medical Plaza, LLC: E. Water Main Easement Agreement for 10-Mile Christian Church: F. Chance Order No. 4 for the North Black Cat Trunk Sewer with Brown Construction, Inc. for $11,360.00: G. Change Order No. 5 for the North Black Cat Trunk Sewer with Brown Construction. Inc. for $13,952.00: H. Task Order No. 0750 for the Sewer Main Extension at Powers Residence with Civil Survey Consultants, Inc. for $7,490.00: I. Task Order No. 2.6 for CEPT Pilot Test Suaaort with CH2M HILL for $9,973.00: L. Temporary Construction Easement between Citv of Meridian as Grantor and ACHD as Grantee for Salit Corridor Phase 1: De Weerd: Well, thank you. Okay. Item No. 5 is the Consent Agenda. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: With a request to remove Items J and K from the Consent Agenda and put them onto Item 7, I hereby move that we adopt the rest of the Consent Agenda and for the Mayor to sign and the clerk to attest. Bird: Second,. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: s s, l i ~! ~ ~ ~ a 1 ~ e j' ~ ~' ;; ~ r i ; $ ~ t~ ~ i 1 ~ , t ~ .~ ~ : s r ~ ~ 'a ' ~ ~ ; I r ! 4 i c 1 r y i ~~ ~ ~ ~' ~ ~ ~ f ~ } t~ia ~ { ; E .i r ~ u gg ! i 5 a ~' 3 a 1 r ~~ ~. 4' ~ ~ r 7 ! i ~ ~ ~ 2 ~ ~ i ~ ~ s i-`j j V ~ ~,~ x ~ j a' i j d ~jj I ! ~ 1 ~ a '~ t 4~ ci S tu~ i ~y f t ,~j { ~ r i T ~ 1 ~ ' ~ ` i '' ` i ~ ~ ~ t ~ ~ ~ ~ ~u f ~ k U } i ~ Q ' g t~ 7 ~ ~' 3 f , ~~ ~~ ~ ~ < t, i I • Meridian City Council March 22008 Page 5 of 26 A. Planning Department /Legal Department 1. Discussion of the Outdoor Sales and Temaorary Use Permit Ordinance: De Weerd: ®kay. Item No. 6 under Department Reports, we will start with the Planning Department with the discussion of the outdoor sales and temporary use permit ordinance. Canning: Madam Mayor, Members of the Council, this is the second discussion you have had regarding this. We have not yet had a Public Hearing. I believe the first Public Hearing is scheduled for April 1st. We wanted to give you an update of where we were and the work we have done within the last couple weeks. I apologize that I wasn't able to make the last one, because I was sick and Emily wanted to apologize for not making this one, but eventually we will both show up to help explain any questions related to this matter. I had the clerk make a copy of a draft that Mrs. Kane forwarded to me today that has some changes based on the previous conversation you had. So, if you look at like page two of that draft, you will notice that under First Amendment activity there is a new -- or a last sentence that says this definition shall not include activity that damages, harms, or injures persons or property and, then, that was added per Councilmember Zaremba's request on the March 11th, '08, hearing. So, you will see comments as we go through those. I wasn't going to spend any significant time on those, but if you have concerns about how Mrs. Kane has addressed a previous issue you raised, you can send something to either her or I and we will make sure we address it correctly. Are there any questions with regard to the general edits from the previous draft? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Anna, not a question, but a comment, a thank you to have the side notes with who the comment comes from and what it was for. Very helpful. Canning: And, actually, yeah, Emily did that for me, since I wasn't at the last one, I didn't know wlhat exactly had gone on, but I will relay to that Mrs. Kane, that those were helpful in general. And they are also based on not only your discussion, but I met with Teri Sackman and we came up with some changes as well, So, when you see the -- that kind of comment added per Teri Sackman input, that was the discussion that Mrs. Sackman and I had and, then, I relayed those to Mrs. Kane. So, we have addressed a number of issues. I think there are. still a few things that we want to make sure we are on the right track and a few things that perhaps I have labeled them outstanding issues, but I think we just need more input from Council on a few items. First of all, let me go through a couple things. I think at your March 11th meeting Councilmember Rountree Meridian City Council March X2008 Page 6 of 26 asked that the square footage limitation be removed from real estate sales office. There is a 700 square foot limitation. And Mrs. Kane didn't understand some of the background history of that one. She was concerned about removing it. I assured her that there is really no concern and we can go ahead and remove that square footage and so we will -- that is not in the draft that's before you, but she will make that change quickly. The next draft won't have that square footage limitation. Now, with regard to the parks permit, this was kind of a big change. The original idea was to still have parks permit do -- the parks department do the permitting for events that were only in the park. A lot of events are in the park and also on the Dairy board side or also in the street or -- but there are some that are only in the parks. So, originally, we thought that the parks department would just do those. Unfortunately -- well -- and, then, the idea was, basically, to take whatever we came up with for Title 3 for special events and replicate that for the parks department and, then, they could implement that through their office. But they aren't -- it didn't address the need or the -- for sign regulations. So, that was unfortunate. So, that we didn't see how we could regulate signs through the parks department. So, we pulled it all back and we wrapped it up in the temporary use permit again. So, there may be ones which are going to the parks -- you still got to go to the parks and they are going to make the first call on whether or not you exceed what they can allow just by themselves. So, you know, if it's grandma's 80th birthday party in the park, they can make the call, you know, that's not a special event, that's just a birthday party. But if it's -- if it's something that really meets the threshold of special event -- and we will do some training with the parks department to make sure that we are all on board with our definitions, but -- so, they will make the call and, then, they will send them to us if it needs to be an outdoor market or special event, they will send it our way. So, we have modified the chart and none of the lines show up now. There were lines -- the columns were showing up earlier, I don't know why they are -- they are rather ethereal. But this is that decision tree that I think you saw last time. Apparently had some -- some irreverent employee head skull and cross bones on there that were asked to be removed. They are gone now. They are red instead. But, basically, we have taken the parks department out of this one and made some modifications with regard to that. It's probably not large enough to see, it is? And Idon't -- and this one's really fuzzy. Did Mrs. Kane go through this in much detail? Do you want to go through this in much detail? This is not something we are looking to codify, this just helps us make decisions as to what kind of temporary uses are -- we were excited about this in our nerdy kind of way, because it gave us some way to finally structure and think about temporary uses. So, it was very helpful for us in kind of just getting our arms around this concept of temporary uses. And so the first question -- I will go ahead and read it for you. Are you traveling -- or are you a traveling or door-to-door salesman. If the answer is yes, then, you come down to this blue square and -- purple square and it says you're a mobile sales unit and you need a mobile sales unit license. So, that's very straight forward. If the answer is no, then, you have to go on and ask additional questions. Are these selling fireworks? If the answer is yes, then, you need a temporary fireworks stand for anon-aerial common fireworks permit. Okay. If you answer no to the fireworks, are you closing a public street? If the answer is yes, you go Meridian City Council March 2"2008 Page 7 of 26 through the citizen use permit process. And, then, this is an interesting one. Are you only on a public street? If the answer is yes, you're done. That's all you need. If the answer is no, you still got to work your way through the entire thing. Now, this is important because this gets to a streamlining question I'll ask you later. So, the next question: Are you or does your use include a temporary vendor or vendors or entertainment? If the answer is yes, are you on vacant or undeveloped property. This, again, is an important question. If the answer is, yes, you're on undeveloped property; we are saying you're a prohibited use. I know that this is kind of an outstanding issue. I'll talk about this in a moment. No -- if you answer no, so you're on developed property, are you on property you own, lease, or lawfully possess? Yes. Are you a resident? If so, then, it's just a garage sale and that's all you need to know. You don't need to get a permit. If you're not in a residence -- De Weerd: Why didn't you just ask if you were a garage sale first off? Canning: That would be too easy. If -- if you're not in a residence, then, are you a promotional sales -- then you're a promotional unit or you're model homes or a real estate sales office and those do require a temporary use permit. So, that's that chain there. Going back over, if you answered that, no, you're not on property you possess, then, are you a single vendor and not located within a city park? If the answer is yes, then, it's a temporary sales unit and you need a temporary use permit. I wanted to take the opportunity to explain the difference between temporary sales unit and promotional sales unit. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Anna, can I -- real quick interruption. Can you -- what is the definition of developed property for use in this? Canning: I think that what it says in the code is that the landscape buffers need to be in and the site needs to be developed with at least the landscape buffers and we are looking for some dustless material that's not -- so, we are not on a dirt lot, basically. Borton: Madam Mayor? Would it make sense to include that definition in the definition portion of this? Canning: It is. Borton: It is? Canning: We added -- we changed the definition of dustless before it was concrete or asphaltic concrete and we expanded it so that it was the same as the definition in the ~ ~ ~ j ~ r 1 s # t ~ t ~ ' ~ , v { r ~ i' f, ~ ~ t ~ ~ F ~'i t '~i { j` ~~ ~ ~ ~ ~ ;~ ~ i ~ R, .., i ~ ~' F i i ~ j + ~3 3 s l 3 ~ ~ ~ ~ ~ l l ~ ~ i ~ , f ~: k N ~1 E LLL'' {{ i z t 1 7 ~ it $ ~ 'i ~ ~ ~~ ~ ~ ~ £ ~ t ~ ;, i r ~ S .S c ' ~~ ~ '~~ a ~ ! ~ } ! ~ 5 ~ i ~ ~ ~~ ~ ~ E. ~ ,~ tt4 g r1j ~ , 3 ~ j ~. Meridian City Council March 2;'2608 Page 8 of 26 UDC. And we will come back to dustless, because that's a big outstanding issue. If I could just get through the decision tree for a second and, then, we will come back. Borton: Okay. Canning: I wanted to explain the difference between temporary sales and promotional sales, because there is a big difference in what we allow. Because these are promotional sales units, you have got an established business that just wants to have a promotional sale like Joe's big tent sale; the allowances for the square footage are significantly greater than they are for the temporary sales. So, if you're a fruit stand coming in that wants to set up on a piece of property that has made no investment in the community, other than to bring your fruit trailer there, you don't have the ,same allowances as a business that's come in, invested in developing a piece of property, paying property taxes, generating sale tax revenue, that kind of stuff. So, the allowances for the promotional sales are significantly different. And one of the guiding principles in developing this --and this was what I felt was the direction of Council when I first started hearing about temporary uses, it would have been close to five years ago, so -- but we tried to put the emphasis on those businesses that have contributed to the community, that have put an investment in the community. So, again, you know, that -- that was part of the vacant land, too, was that, you know, those folks haven't made an investment in the community yet; it's just a raw piece of dirt. They haven't gone to the length to develop the property that we require of others, so we didn't want to give temporary uses on that piece of property unfair advantage over the existing businesses. So, that was always kind of the guiding principle in these temporary uses. And then -- okay. So, if you're not a single vendor, are you primarily a group of multiple vendors that makes you an outdoor market. Now, this one was important because we had a -- we wanted to limit the number of days for temporary uses, but every time we put a limit on the number of days, if you have a standing farmer's market that's out there every day of the year or even every day of the summer, they exceed those number of days. So, we wanted to be able to allow that out -- that outdoor market that occurs once a week on a recurring basis. Now, it's just once a week, though. We didn't make provisions for three days a week, because that gets to be more than an outdoor market. I don't know what that is, but it's way more than an outdoor market. So, the outdoor market is just for one day a week, so that we can get the proper number of days for them throughout the year. If you're going to do more than one day a week, basically, you have to stick with the special event stuff, so that's the final question. Do you meet the definition of a special event and that definition is in there. If not, then, you're a prohibited use. So, I don't know if Emily had gone through that in detail. I thought it was important that you understand some of the -- some of the thinking that went on behind the actual standards and codes. Okay. I'm going to go back up to what I think are the outstanding issues and ask for your comments with regard to these. First one on the list, unimproved surfaces. Now, we did go back and make sure that the temporary use section had the same definition for surface restrictions that the UDC did. So, we opened that up. The -- again, the idea was to acknowledge the businesses that have made a commitment to Meridian City Council March 24, 2008 Page 9 of 26 the city. Now, the exception on this one, which I haven't figured out exactly how to deal with or that -- that comes about is the speedway, unfortunately. Now, the speedway and the dairy property have been ahuge -- have had a huge commitment to this community over the years and I know that. But I also know that they have got some dirt surfaces out there. So, we pulled back the discussion to the driving surfaces. I would rather find a way to make an exception for that property, rather than have it guide all the standards, if that makes sense. So, I'm hoping for some direction from Council on that one. Again, (just -- there are -- there are some properties that have a regular string of temporary uses that have no improvements to them, that just create a dust storm, five -- you know, every time the wind picks up in the summer it just blows off those properties and creates a real air quality problem. So, I'm trying to get to those issues, as well as the equity issues about folks that have made a commitment to the community versus those that haven't. So, I will take what direction Council wants, but I just wanted you to understand the thinking that went behind them. With regard to the streamline permitting, we were hoping to get a one stop shop. We never figured out how to get the citizen's use permit into the one stop -- you know, we -- it, basically, becomes either the planning department takes on everything or the clerks take on everything. Clerks didn't feel comfortable taking on the temporary use permit stuff. Planning department didn't feel comfortable taking on the citizen's use permit stuff. So, we have still got two agencies doing stuff. If that's a concern for Council. At this point we thought we'd just take it to you and tell you what we came up with as our best shot. If we need to do something else, just let us know. But, again, that shows up in that -- that decision tree, you have got the ones that the clerk's office does and, then, the ones that the planning department does. But sometimes you -- you require both a citizen's use permit and the temporary use permit. Okay. And Ms. Backman is not here. There are some examples that come up that -- that we wanted you to be aware of that -- what we are going to require of them and just get your thoughts on -- on -- on how you feel about those restrictions that we are putting on those activities. Again, these temporary events are so different and they are so hard to get your arm around and some of them seems like we are overkill as far as what we need to do, but if we lump them all together, according to that decision tree, this is what happens. On the three day outdoor market every week couldn't really occur. You wouldn't -- it would have -- it would be a special event and you wouldn't have enough days -- you only get 14 days. So, you could only do it for a month -- month and a week. You couldn't do it all summer long. If they did it two days a week, then, you're talking seven weeks. If they do it -- if they drop it back down to one day a week, they can do it all year long. So, again, those are the kind of situations that we are looking at for -- as far as like a farmer's market. The events at schools not related to the students -- the change that we made in the Unified Development Code or -- was to say that activities at a school that are related to their curricular or extracumcular activities are an accessory use. But if the school wants to rent out their facility to an art show, then, that -- that become a temporary use. If they want to rent it out to the symphony, that becomes a temporary use. So, those -- those kinds of issues are coming up with regard to the school. Because it's not really extracurricular. I looked • Meridian City Council March ~~008 Page 10 of 26 up the definition of extracurricular and it says it has to be students, so -- now, if it's students selling art -- Zaremba: Madam Mayor? Canning: -- that's fine. If it's student -- a student symphony, that's fine. These are just the weird things that come up. So, I'm trying to -- these are the ones we haven't figured out how to solve. De Weerd: So, Anna, you're saying that they would need to get a permit? Why? Canning: Well, it's not -- it's not an accessory use, because it's not curricular or extracurricular. De Weerd: Have we been requiring that? Canning: We have for -- they had an art sale that they put out a bunch of signs and we tagged them on the signs. We can still make a change to the UDC. You haven't adopted the findings yet for the ordinance. You just acted on it. I can ask you to reconsider and we can open up that hearing again for the UDC changes, and that would be the place where we'd need to have more discussion about perhaps opening it up to community activities at the -- at the schools. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, is -- has the Meridian symphony been getting a temporary permit? Canning: No. Bird: And we are going to ask them to? Canning: Well, I'm in favor of going back to the UDC.- That's why I'm raising it tonight, because I think that community events at the school I think are a very reasonable exception. It's just we changed it to say curricular and extracumcular and we didn't realize -- we weren't thinking about all the other activities that happen there. Bird: Well, if we -- Zaremba: Madam Mayor? Bird: Madam Mayor, follow up. I'm afraid if we -- if we get stuff like that going, they will be going back to Eagle to -- for their performances, like they started out doing. Groups Meridian City Council March x;2008 Page 11 of 26 will be leaving us. So, I think we need to really think on this matter. I'm glad you brought it up, Anna, because it's something that we really, really need to think about. And art shows and stuff like that, I -- I don't know, I just have a real hard problem, unless it's -- I don't know. Have to think about it. De Weerd: Mr. Zaremba. Zaremba: Thank you. Actually, two thoughts. Adding to the list would be our parks department regularly uses school property for -- I wouldn't call them events, but repetitive classes and stuff like that and, then, also the Chamber of Commerce does. Canning: The city events would be exempt, but we can look at -- Zaremba: The second thought was -- I would assume that the school district itself would have some sort of -- I don't know what the word is -- a vetting process or something that they are not going to let just any event happen on their school property - - you're shaking your head no. They -- they don't put them through some kind of a test to see whether they are okay or not? Canning: It's a fee basis. It's available for a fee. Zaremba: Okay. Canning: That's the concern because there is some strictly retail uses that go in and perhaps we can write them out. That was the concern was not having -- or having a higher -- the concern was that we felt it was appropriate to have a higher standard for the strictly retail uses that were occurring within -- when the school rents their facilities. De Weerd: So, a for profit would be permitted and -- a need for a permit, where a nonprofit, which would be more community. It wouldn't be? Canning: Generally -- the attorneys don't like us to just -- too judge based on profit versus nonprofit, so I think we would be safer with retail versus nonretail, because that's -- De Weerd: That's a problem with attorneys. Bird: Madam Mayor? Anna, I got a question, then. If we -- if we put on a youth basketball program at the middle school and we do charge and it is for profit, because all the profit goes back to the school sports, but it isn't -- it isn't sanctioned by the school, would we have to get a temporary use permit? Canning: Madam Mayor, Members of the Council, I believe the answer would be no, because that falls within how I would interpret the definition of extracumcular. If it ~ ~ r } , '~. ~ T ~ 1 ~ ~ ~ ~,A~ ~ i C~ t 1 ~~ ~ la ~ a' i A i t ~ ~ ~ $ ~ ~ ~ ~ ~ ~ s it 2 i N~ ~ ~ ~ .f i r ~ a f, ~ ~ ~ r ~ ~; ' ~ ~ ~ ~ f ' t e ~ _ ' ~ f j. ~ t t ~i. ( ~f r ~ .~ i i ~ ~y j~ l , ( / ~% ~r ~ x ~~ e ~, {. r ~ y ~, i F j } ~~ ~ I.. ~ t ~ 1 i b ~, t t ~, s ~~ { I~ ~ ~ { i ~ ~ ~ ` 4 r~ ~- ~ ~ ` t :. ~ ii ' ` ~ s I; ~ f : ~ j r s E ~. ~ , ~ ~ ~~ ;. ~ :r { • Meridian Ci Council March , 2008 Page 12 of 26 involves students, it would extracurricular. It's just when students aren't involved that it kind of becomes a problem. But I will take your concerns, we will figure this out. I do have a question perhaps for Mr. Baird. Do I have. to formally request reconsideration or can -- would this serve as them granting reconsideration and we could just notice it for another agenda? Baird: Madam Mayor? De Weerd: Yes. Baird: If I could answer that question, because the findings have not been finalized, I think if you notice it up you don't have to go through the formal request for reconsideration like you do on an application. So, you can save yourself a step there. I don't think anybody's going to find any sort of error if you streamline it that way. Canning: So, then, if the clerks could just find us another date for that hearing. Okay. Borton: Madam Mayor? Anna, does this change the -- the need for the April 1st Public Hearing on this? You need to get through that decision before we go further on this? Canning: Well, normally three hearings -- normally you would conduct three hearing on this. So, the first one would be April 1st. Councilmember Bird discussed briefly with me beforehand if we might just want to have one hearing. We might end up having two if we need to go back and amend the UDC. Borton: Madam Mayor? De Weerd: Yes. Borton: Also, the notes show that -- the side comments that Steve Siddoway will not have a chance until April 2nd to review and comment. So, it sounds like we are adding two -- or a real good chance we are having two. Canning: And, Madam Mayor, Members of the Council, we did run it by other folks in the parks department. We don't anticipate much opposition from the parks department. But it would be nice to have his comments, so -- Ms. Backman is expecting more than one hearing. I'll tell you I think we told her there would be three, so -- I'm sorry. Bird: That's okay. Canning: We would like to get this wrapped up as well. So, I will -- we will work on that -- events occurring in schools and, then -- you know, the odd fundraising event will -- depending on the fundraising event it will show up different places. If it's a garage sale being held at a bank as a fundraiser, it may end up as a temporary sales or special B f~ ~ 1 ~ " £ : i 4 ~ r ~ i ~ , u 7` ~ y ~ # t ~ ~ ,s r '~ ~ :{ ~ ~ 1= }; i ' F, {y '. ~ ~ _ ~ j ~ ~ i { i C .Z 5 , ~ ' f ~ r ~, _ f i ~ ~ ¢¢ i F . ~ r~ i± ~ ~ ~ ~ R c y y ; ~ , ~ i ~ ~ ~ ~ I~ , f I: i{ ~'. i , ~' k r ~ t ~ k 1 ff yy ~ ~ ~ 1 ' I ~ t ~ i• ~ ~ ~ ~ !~ _ } ~ ~ 777 ~ ~ q~~ttt ~gg ' EEE[ ~ ~ ~ ~ 4 ~ • ~ 1 t F '• ~ ;' ~ • ~ ~~ i e . S i i. ~: ~, h a • Meridian C'ty Council March 22008 Page 13 of 26 event. If it's, you know, a car wash at a place that normally does car washes, it won't be any -- it will just -- won't be anything, so -- I mean there are some possibilities that the strict application of this will require some odd things. You know, we are not going to be out there. looking to nail people because they are having a car wash, but, you know, I just want you to know that there are a whole realm of temporary uses that are really difficult to classify or to make go away just because they are minor. But we did our best. That's all. Zaremba: Madam Mayor? Can there be a category called other? Canning: Yeah. De Weerd: Just like miscellaneous. Zaremba: Yeah. Miscellaneous. Bird: That's what we do in budgets, put miscellaneous. Canning: Well -- and what we do is -- we have considered that. The problem is where it really should be a prohibited use, then; somebody comes in and says, well, I just want to do it for a year. I'm going to call it a temporary use. Well, it still should be a prohibited use, really. I mean -- and we have -- we have really done our best to try and make these work for folks. It may not be perfect, but it's way better than what we have got right now, so -- maybe we'll be able to fine tune it in the future. The sign provisions, we gave folks a ton of signs for these temporary uses. The thought was we will give them as many signs as they want, as long as they are gone in two days, then, it doesn't matter. But if you need 200 signs, you can have 200 signs. But they better be gone the day after the event is over. So, we have really tried to make them work for folks for a wide variety of really weird things and, you know, we have done our best. That's all I can say. De Weerd: Two hundred signs in one place? Canning: Well, if it's a special event -- that's for special events. So, that would be -- you're talking about the whole city for Dairy Days. You're talking about the whole city for -- De Weerd: Oh. Not on one piece of property. Canning: No. It would be for special events, which are generally larger, so -- you know, you could have one property asking for 200 signs. We don't think they will, but Dairy Days -- ~ tF ;' ~: ~; . :~ ,, ~' '~~s !fir r. ~~~ ~ , z,, ~~~.? ~. a ~. ~' 1 '' i . ~' ~ :~ 1~ ~, i S ~; i s ~: , R ~ i ' ~ r I; ~ ~ 'i ~~ ~ ~ ~ s <;; $ i i ~ ~ i-~ 'r j ~ ~ ~ A '1 ;~ ~ ~ ~ ~ ~ y ~ ~t € ~ a 3 _ ~ ~ Meridian City Council March `2008 Page 14 of 26 De Weerd: Well, we have seen it -- we have seen it. They are called political and they are awful. Canning: Yeah. De Weerd: So -- Canning: And we -- we purposely left them quite large, because we needed to accommodate things like Parade of Homes, Dairy Days, the Scarecrow Festival, but it may prove that we need to scale those back over time and we will -- we don't think this is set in stone, but we thought we would give those signs a try. De Weerd: Okay. Canning: I think I have gotten comments on the school stuff and some of the other little stuff, the fundraising, maybe, but if I could comment on the surfaces and the streamline permitting, that would be helpful, and we will bring this back to you April 1st. Or any other comments that Council may want to throw our way -- my way. De Weerd: Well, on the unimproved surfaces, when -- I think it was in early 2000, they were looking at nonconformance to air quality with PM-10 and the commitment was made by the city and Ada County Highway District on unimproved surfaces to minimize use and that sort of thing. So, consistent with that we would want some kind of improved surface and what that means I don't know. But it means dustless. And I guess we should walk what we talk, so you need to -- need to do something there. Canning: The way it's set up now, we -- for driving surfaces -- it originally was all surfaces, but I think we have scaled it back to driving surfaces have to be a dustless material and I can work with the parks department and the Dairy board for alternative compliance on those portions of their property. Hopefully, we can get the parks department to get an oil that they can spray on the driving surfaces to keep that dust down. It's not really an oil. I call it that. But it's some special solution that is environmentally friendly and dustless and doesn't hurt the ground water. So, we can work with them on that. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I would -- in the section where it references that, if there is such a thing that has a name, it probably should be included as well. Canning: Okay. • • Meridian Chit i Council March 2~', 2008 Page 15 of 26 Zaremba: As an option. I was the one that brought it up at the last meeting and what I was doing was making adistinction -- it originally said pedestrians and vehicles all had to be on dustless surfaces. Well, actually, it said they had to be on paved surfaces. That was the only option. And it really was a question, whether or not we really needed to say that for pedestrians. I like the Mayor, I feel it's important to air quality and other things that are also in the UDC, that vehicles must be on a dustless surface, but I'm not so concerned that that means paved. There are other options for dustless surfaces. So, I think all those options should be listed and it appears that we just automatically took out the pedestrian. So, I really meant it as a question, not as that's the way it needs to change, but -- Canning: Well, Madam Mayor, Members of the Council, if you do want it all surtaces versus driving surfaces -- Zaremba: I'm happy with just driving surfaces. Canning: Driving surfaces. Okay. Zaremba: So, I don't think we need to -- De Weerd: No. Canning: With regard to listing the spray product, whatever it is, the -- again, back to that principle that we are trying to use these to -- we are trying to limit the activity on properties that haven't made an investment in the community. Opening up the solution -- spraying the solution to everyone goes counter to that thought. Again, I was hoping to use some altemative compliance for the speedway, rather than having it listed within the code. Now, that mayor may not have been appropriate to say, but -- I mean that is -- it was a guiding principle behind this, was to -- to not really let a whole lot of temporary uses on vacant properties. Zaremba: All right. I can agree with that. That's agood -- a good principle. And I would think the Chamber of Commerce would also appreciate that. It protects the businesses that are here from fly-by-night operations, I suppose you could call it. So, I can see that part of it. Absolutely. Canning: And I did discuss this issue with Ms. Backman. I think she was comfortable with the idea of an altemative compliance for the Diary board's property, recognizing that they use that on a regular basis. Zaremba: Thank you. De Weerd: And that would pertain only to special events beyond the normal functioning of the speedway; correct? ( ]) ~ ~ ! ( I F ~ ~ E h i ~ 1 Y 1 s i ~ F~ i ~ ~ I !' ~ t rr 3 ~ f ~ 4 r ~ } ~; t ~ r ~ ~ e ~ ~ p r :. ~` ~ ~i ~~ ~. ~ ~ ~ i I ` i p .i ! ~ ~ ~ i I , ~ i , '. ~ ~ r } `~ ~ ' ~S S g tn s ,,,~ (( y ~ ' ~ k~ ~~ ~ i F ~ '! ! ± ,r~ 3 ~ ~ ~ C- ~ ~ `~ j ~ ~ (; is { ~ 1 ~ ,i r !~ i~ 7 ~ # 5 r' :f= ~ ~3 3 ~ ( I ~ ~~, k ~. a is ~, ~ ¢ ~~ ~ ~# ~ _.i;'. ~ ... I %: ~ I i !E i :! ~ ~ ~ t i:' i' . ~,' ~' Meridian, City Council March 2'2008 Page 16 of 26 Canning: Yes, ma'am. De Weerd: Okay. Okay. So, do you have enough direction on the unimproved? Canning: I think we are -- I think we are good. I think the changes that Mrs. Kane has already made are reflected in the conversation we have had and I will just make sure we have some mechanism for alternative compliance. De Weerd: And, Council, you feel comfortable with that? Bird: Yeah. I will read more, but I don't see anything right offhand that -- De Weerd: What section is that in, Anna? What page? Canning: Oh, I don't know this well enough to find it quickly. Zaremba: I found it a minute ago. Hang on just a second. It's about a third of the way through, I think. Bird: Yeah. I found it now. Canning: I think it will say added per Mr. Zaremba's -- Zaremba: Yeah. Page 17. Item B-6. Surface. De Weerd: You guys comfortable? Council, are you comfortable with that? Not you guys. Bird: I'm not comfortable with that. I wouldn't be. De Weerd: Do you have suggestions or feedback? Bird: Well, I think there is -- I think there is -- I think there is more dust blown out here in undeveloped ground and I can tell you for a fact that since they took the grass up at the speedway most of the dust you get at the speedway is from the infield in between. But they are putting grass back down in that. We never had that problem, because we kept -- we kept it grassed up and watered up. But it's hard -- I don't know. And the Speedway isn't the only place either. You got property right down there at Hohn's old place that dust blows all over. Undeveloped ground, so -- it's driven on. It's parked on for the park. For legion baseball. For softball. Canning: Madam Mayor, Councilmember Bird, out there by -- in that same area by the park. By Settlers. And, again, I'm not trying to penalize that area. I know that's a ,, ~' ~ `~ ` '~ ~~~~ s ~ ,,' . ;; ~ ~ ~, i;l: l;. ~, '' j. i~ ~, t~ ~; l~:E; ~~:~ ~: ~- t,'_ tt ~,~: t;: ~'rs~: F r " t G~ • • Meridian ty Council March , 2008 Page 17 of 26 special area that we have got to figure out a solution for. You know, the perfect example of the area that I think we do need to -- to try and curb the kind of temporary uses going on it is the one at Franklin and Meridian with -- that has nothing to keep that dust down there just across from the park and it blows like crazy and we get a regular string of temporary uses that want to set up there and it's a real challenge, because there is no improvements anywhere near the comer. Bird: You're talking about Corielle's comer? Canning: Sir, I don't know the owner, but it's just the -- the one where the -- all the temporary uses are. Yeah. Bird: Boy, Idon't -- to be truthful with you, I don't know how anything blows there, because I have tried to put signs in there and that's like going through -- that thing is gravel put down like mad, but -- I don't know. It is definitely a problem. And I will be the first to say that, but -- I don't know how you -- I don't know how you're going to do it, because you got it all along Franklin Road. You got a -- you got undeveloped property. Got it out at Settler's Park. Every baseball field that we have has it. When the wind blows you get dust flying then. I don't know. I wish there was a good answer. De Weerd: Councilman Bird, those -- those are different circumstances. We are setting up those by adding traffic to it. Those others are not something that's caused by -- by a particular action, other than an act of God. So, I guess they are just trying to -- and, again, I know there is a number of properties and businesses that paved dirt roads because of the air quality -- being part of the air quality solution. So, we are just trying to, I believe, be pro-active in doing our part and avoiding something that we actually set up. But the vacant properties you can't. Borton: Madam Mayor? De Weerd: Yes. Borton: Madam Mayor, I don't -- I don't disagree with Councilman Bird or his comments. For where we are in the process I -- I see the concerns both ways. I'd be inclined to give it some thought and a-mail Anna with comments and -- Canning: I would welcome anything. Borton: -- suggested language. Canning: And I understand, Councilmember Bird's concern, too. I have tried to figure out what to do with this. I think there is -- there is an opportunity to do just the alternative compliance in general for that piece of property, similar to where that -- where optimists set up their tree -- tree lot on Overland, that little piece of property there ,; +- ~ r_ ~;# ~ a ~~ 1 I ~ ~ f~ { III ? 1 % ~ ; E ~ ~ t F' ` t 5 F; '' S ~ F ~ 7 ~, ~ '' ~= 3 1 l~ ~ } ~ ~ { ~ ~ " ~, ~ ~~ ~ ~ t_ : c 5 , ~ t. .~ ' ; ~ ~ ~~ r, ~ i ~. N,... L - ~~ 3 ` y i q ~ _ ~ i, _ r t g q_k ~ ~ s; r ~ t ;d ~ ~ ~ ; " r ~ ~ ~ f 6,: f Y F r t ~3 ~ - f ~ ~ ~ ; ; : 7 :~ ~ I ~ I 4 ;~ f i~ i ,,~ C a ~ tt ~' 3 ! ~ ~ ~ ~ I ~ i = 4 + a ~ ti , ,. t ~ ~ .: i ~ ~ ' ~ 1 ~ ~ ~ ~ - I. , . 4,: • Meridian C' Council March 2008 Page 18 of 26 already has altemative compliance for that surface as being acceptable for parking the temporary cars on until they further develop that site. So, when the optimists come in they are okay on that piece of property, because there is already an altemative compliance for that surfacing. So, that was done through the -- the regular CZC process, rather than the temporary use process. And I think we can do that same thing for -- for properties that we need to. But I e I have batted this about in my head from 2:00 to 4:00 at night on a regular basis and just tell you I have yet to come up with a stroke of genius, so I welcome anything that anybody has to offer. De Weerd: Well -- and I agree, I don't know if I get more phone calls from vacant properties or special events. I think it's -- but when people have dirt flying in their properties, then, there is -- there is concern and we will be more than happy to forward you all calls. Canning: So, the last issue would be the -- are you okay with the fact that you still have to go to the clerks for the citizen's use permit and come to us for a temporary use permit or do you really want us to try and get these all in the same department? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Get them all in the same department. Bird: Amen. Canning: All right. Borton: If at all possible. Canning: We will try. And that clerks will still do the mobile sales unit and the non- aerial common fireworks permit? Those two usually don't require also a temporary use permit. Those aren't combined with one, it's just the -- it's just the citizen's use permit that ends up being in two different offices. Borton: Okay. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I agree wholeheartedly with Councilman Borton. I just -- that's why we are moving into one -- we are spending the money to build a City Hall that we can all move in, so people can come to one place and get their permits. The fireworks and stuff has to be k s ~ ~ ~ t ~ ~ I ~ ~ ~ i i E ~ ~ ~ t ~ w : FS 7 ~ ~ . C t ~ t t 2~ ~~ ~ ~ ~. K t ~ ~ ~ ~ r ~ c i i ' i i - {~ j( 3 .~. ~ -~ ~ ~ ' ~ ~ I ~~ 1 x i f- ~ ~ ~ a~ ~ s ~ ~;~ ; ~ ~ ~ i d i ~~ 1 ~ Y ~ -~ ~ ! ~ Y ~ A ~ ~ ~ i ~ ~ x i ..~5 -> _ q ~ 9 ~ ~ J~. ~ ~ ~~ - { k 14 ~ d ~ :~ k' ~ ~ ` ~ d 4 r '~f { t ~` i~ + ~~i~~. t i t ~ ~' (} ~ ~ ~ I $, ~'~ 2 i i ~ , i ~,~ 1 ~ iii ~ ~ r t~ ~ ! ~ ' : ~ G I~ `,~ (. '. p ~ iE . '. ~. . ~~ ~-. i ~~ ;i? ~ ._ ~^. • o Meridian Ci Council March 2 2008 Page 19 of 26 done by the fire department, in my book, but the others could -- I think could be done with the clerk or however you have to do it. One department. Canning: All the others, sir, or just -- or just citizen's use permit? Bird: I don't know why we can't -- other than the fireworks and stuff, I don't know why the rest of them can't be done at one department, whether you want to do it at planning or whether you want to have the clerk do it. Canning: I'd vote for the clerk doing -- oh, sorry. Bird: Anna, I'm not too sure (wouldn't -- I wouldn't agree -- I wouldn't agree with you on that, because I think most citizens they come in, look for a permit, think the clerk's office. And -- and I'm sure -- if there is any questions you're going to be right there in the same building. I mean, bang, how hard is it to -- with electronic stuff we got nowadays -- I just hate to see people have to run around from this door to that door. I hate it as -- when I get the run around. Like I say, other than the fire permitting, I think one person should handle -- or one department should handle it. Canning: And, Madam Mayor, Members of the Council, Mrs. Holman hasn't had an opportunity to even know what might be coming her way. So, we will sit down and toss a coin and bring something back to you for the 1st. Borton: Okay. De Weerd: Okay. Anything further? Canning: No, ma'am. I think that was it. Are you -- any other comments? De Weerd: I think any other comments they will send your way. Canning: Okay. B. Legal Department 1. Approve SWAC Recommendation for funding of Trash Can Holders purchase of $2,723.00 for Western Ada Recreation District: De Weerd: Okay. Item 6-B is our legal department. Mr. Baird. Baird: Madam Mayor, Members of the Council, in your packet is a SWAC recommendation for using 2,723 dollars to purchase trash can holders for the Westem Ada Rec District and we'd ask for your consideration of that recommendation. ~ ~` l .` ~ F E ~~ 3 { ~ ; ~ i i ~ ~ J ~ ~ , f ~ 7 I ~ ~ ~ r ~ 3 ! , i ~ fi i i E ~T ,7 ~ Sy ` 4 ~: j i. ~ 3 ; ; 5 i. y[ ~~V i` ' i i:. ~ ~ ~ E is ~ ~ i i~ 1 ! ~ r i = ~ ~ i ~ fi 5 h! ~I E t ) i ; ~ f ~ L 7 l: I . 1 •i ~ .~ ~ ~ Fj ~ • 1 3 FF ~ ~ ~, ~ ~ ~ ' } E ~ _. ~ ' j ~ f ~ t , j , ~ l ~ S IBS ~: ~ ~ t f ? i f I ,; i ~ i _ { i ~~ ~ ~ ii , > ~ i s; ~ ~ ~ i ~. Meridian City Council March 2X'2008 Page 20 of 26 Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I wish Mr. Rountree was here, so I could give him a hard time. I move that we approve the request by Western Ada Rec for 2,723 dollars from the SWAC. Borton: Second. De Weerd: Okay. We have a motion and a second. I assume these are made out of recycled material? Bird: They are. De Weerd: And where will they be used? Bird: At Fuller Park. De Weerd: Fuller Park? Thank you. Okay. If there is -- is there any discussion? Hearing none, Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 7: Items Moved from Consent Agenda: J. Approve New Beer Bl Liauor License for Cheerleaders Sports Bar and Grill at 3541 North Eagle Road: K. Approve Beer, Wine and Liauor License Renewals: A New Vintage Wine Shop Kahootz Pub ~ Eatery LLC Meridian Speedway Whitewater Pizza $ Pasta The Cigarette Store Inc. Ultra Touch Car Wash Louie's Italian Restaurant Sakana White Water Saloon Rite Aid #5412 Carino's Italian Grill 1400 N. Eagle Rd. 1603 N. Main St. 335 E. Main St. 1510 N. Eagle Rd. 200 E. Fairview Ave. 835 E. Fairview Ave. 2500 E. Fairview Ave. 1718 S. Eagle Rd. 1646 N. Meridian Rd. 1600 Main St. 3551 E. Fairview Ave. k ~ ~~ ,i i ~ yk ~fy; f ~1 i ~ ? i e } } + - Y 1 i f ~ ~ ~ ~ { y 'F: i {' y 'Y' R .. i 1 ~ E ~ ~ X 3 f ~ i a 1 ~'„J, F c f 5 i {, ~ E ~ ! ~' ~~ x ~ t ~ i ( { ~ ~ f ~~ F f f ( l ~h '~ ~ ~ ` ' ! ~ ~ ~ 't r # ~ ' e ! I ~ , ~ y A ! s 1 ~ ~ ~ } ~ •~ ! q. c ~ ~ ~ ! d ~ t I 3 i ~ t ~ .~ ~ ~~ i ~' , fi d ~ G ~ ~ f ~,~ 1 ,; ~~ ~ r ~~ & i; ' {' 2 ~' • • Meridian City Council March 2$,'008 Page 21 of 26 WinCo Foods, LLC. 1050 S. Progress Ave. Idaho Pizza Co. 405 E. Fairview Ave. Cheerleaders Sports Bar BT Grill 3541 N. Eagle Rd. De Weerd: Okay. Item 7, we did have two items moved from the Consent Agenda. Items Kand -- or J and K. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I just had a question. Item J is for Cheerleaders Sports Bar and Grill at 3541 North Eagle, asks to approve a new beer and liquor license. Item K, the very last one appears to be a renewal for the same people. And my question was is that correct? Are they doing a new one and a separate renew of one they already have or -- or is there some confusion there? And, then, I will have a second question after that. Holman: Madam Mayor, I had the same question. So, I was looking here and it appears to me that there are two different applications. One is a renewal; I believe of last year's that ends -- it expires on April 30th of '08. And the second one expires -- it's for the next year of April 30th of '09 and I don't know the history or the background on this. Bird: Why would they -- they have not had alocation -- maybe -- Holman: I have -- Madam Mayor, Councilman Bird, I have an a-mail here from Bruce Freckleton saying he doesn't have a problem with this application going forward in the approval process with Council. However, I request that the actual license be withheld until such time as we issue a certificate of occupancy for the restaurant. And I apologize, I don't know why we would have -- I would assume the way this process works is it's -- I'm new to this, so if they would be renewing this other license, but I was actually trying to get a hold of Nancy to find out why we had two and reading the supporting documentation. De Weerd: Maybe Lieutenant Basterrechea. Basterrechea: The only thing I can tell you is there is no Cheerleaders yet, so I don't know why they would have an existing license. They have a location in Eagle, Idaho, but they have never had a location here in Meridian. De Weerd: So, I would assume that that is a request of the building department. In order to do the appropriate inspections you would need to have a facility that's complete to inspect and that's his comment on the CO. So, we can -- we can pull this from the agenda and reset it once the CO has been issued. But I'm sure they want a liquor E ! ~1 ~ ~ ~ ~ x; t ~ ~ t 3 1 t A ~ i S ~ ~ ~ ~ ~S ~ , E ~ ?' ~, ~, ' i t i ~ 5 ~ i ~ {` i_ ~ l S ~ ~~ i i t k ~, ~ i~ i~ ~ ~ + ~ ~ iii A -~ ± ~ I~ ~ , i- f ' ~ ~ j ~ ~ t ~ f' ~ ~ ~ e Q . '~ ~~ ' ~ ~ i ~ ~ ~ ~ _ ~ ~ ~ , ~3 j ~. v ~ t G Y' y t , { r' 3 Meridian Ci Council March 2008 Page 22 of 26 license for when they open their restaurant. So, we just would have to work with them on the timing of that. Anna, do you have comment? Canning: Madam Mayor, Members of the Council, Mrs. Radford called me I believe on this issue and when she called she was trying to get it on the agenda for tonight. They were begging. It was the last moment. Sometimes this happens when things are done at the last moment, so I think we do have some questions. When she talked to me I thought it was just a beer license. I didn't think it involved a liquor license, which has a much different standard. So, I'm concerned that -- that perhaps we don't even have all the approvals, because I think she was going to a-mail it out and beg to have everything -- I don't remember getting one. Holman: Madam Mayor. Anna, Ihave -- I looked through the paperwork here and I have signed off Mr. Basterrechea -- did I say that right? I'm sorry. He signed off for the police department. Ihave -- it looks like a sign off from the planning department by Anna, a sign off from Joe Silva from fire. And, then, I have the two different licenses from the county. Now, the question I had is I was looking at the dates and I could be completely wrong, but I was wondering if they had these two different licenses because it expires on April 30th. If they were open before April 30th, would they have to have this license that expires April 30th and, then, the new one for the following year would be -- I don't know. That's just --Ihave two different licenses. One ending April 30th of this year and one ending April 30th of'09. Canning: And, Madam Mayor, Members of the Council, perhaps Mrs. Radford was talking to me about a different one. I just know that she was looking for guidance at the last moment and I wasn't much help, I have to confess. So, I would feel a little more comfortable now if we all had a chance to review it and figure out what was going on. De Weerd: If you have an a-mail from our building department who is stating that they don't have a CO, Ithink -- I don't know. If the police and fire signed off on it, apparently they have gone out and inspected it. Bird: I didn't -- is the building t{iat close to being occupied? That's what I -- I was going to say if the fire has signed off and the police have signed off, evidently they are ready to -- to have occupancy. Holman: Madam Mayor, Councilman Bird, that's what I get from this, because in Bruce Freckleton's a-mail, which was dated last Friday, it says: Nancy thanks for the help with the transition. I don't have a problem with this application going forward in the approval process with Council. However, I request that the actual license .not be given to them, obviously, until we get the certificate of occupancy for the restaurant. Ithink they -- my understanding from what I'm seeing in these a-mails is that it's fairly -- they should be getting a certificate of occupancy fairly soon and, again, looking at the two different dates on the licenses, the possibility that they are trying to get this through this week, so Meridian City Council March 2~'`L008 Page 23 of 26 that if they do get their certificate of occupancy they can open. And, again, I apologize; I'm not real familiar with the process. De Weerd: I just don't know how you can authorize signing it and not give it to someone. I mean once I get authorization to sign, it's in legal and so -- Bird: I agree with you. Borton: Madam Mayor? De Weerd: Yes. Borton: I would be inclined to wait a week and get this sorted out. I also don't know how you can issue a license and, then, renew it all in the same action. Maybe you can, but that seems odd, so -- unless someone knows of some pressing tragedy that occurs if this isn't done on April 1st. Bird: Does anybody know when they plan on opening? De Weerd: If they plan on opening this week it will be a problem. Bird: That's what I thought. De Weerd: But I don't know. Canning: I can try to call Mr. Freckleton, if you'd like me to do that. Yeah? No? De Weerd: Council? Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: The other question I had, while we are sorting that one out, is in Item K, the third one, Meridian Speedway, the address is given as 335 East Main Street. I would expect that to be South Main Street. I realize it used to be East 1st Street, but now that it's Main Street that would be a south address and Ijust -- Bird: Is it still listed as East Main? Holman: Madam Mayor, Councilman Bird, I would assume that Mrs. Radford was getting this information out of our beer -- beer, wine, and liquor data base from which we issue permits and the information is saved in there from year to year. ~~ d a. ~ 4, b ' ~~ j. ', y ~ '. X. ~ Z ~ t: F . ~! "ti 4 ~ ~ -~ ~ ~ 6 o ~ ~~~ ~ d ~ ~~ ~ g ~t qq 3 ~ ~ {E~ ~ E p i v M1 : ~. ~ t 7 ~ . ~ ` ~} + t F i d a 4 `} y~ f 1 ~ , } { ~ s ~ ~ ! 8, t p r, n 3 l k a t '. ' ;i ~ 4 ~ ~ ~ 7 e i 1 . ' f f g ~ ~ d ~ E ~ ~ ~ 1 ~ ~ . ~ 4 Sf ~ 4 t f: ~~ ~ ti 1 K'. s ~ ~ i ~ ~ ,, t ~ t ' ' y. y , ~ V E +< , c , 111j i ~ g > P~ j ;. ~: ! F # ~ ~ , ~ ~ f ~ Eli ; ' ' ~ ~ 1 t' 7 ~ ' ~ , ' ~~ ~~ ~ ' it jj} i. d ~ ~ ~; ; ~' ~ ~ y . 7 k 1 is ,. ~ ' ~; `; 3 ;; '~ #: Meridian City Council March Z~'008 Page 24 of 26 De Weerd: I would imagine the city clerks office can clean up whatever the real license is. Holman: Madam Mayor, yes, we can do that. De Weerd: Okay. Okay. Any other item on -- on this one? Bird: Madam Mayor, I do have a question to ask. Has everything been signed and everything, Madam Clerk? All the licenses have been signed by the proper people and already to go? Holman: Madam Mayor, Councilman Bird, yes, I have the backup for all of those licenses here. I haven't looked through every individual page, but, yes, she has all of the backup, state police certificate from -- I apologize certificate from them and a certificate from the county for each of these. Bird: Still can't figure out why Cheerleaders has a renewal and a new. De Weerd: I think the reason it has arenewal -- yeah -- a renewal and a new is the new one being requested expires April 30th of this year and, then, the renewal would take it from that point forward. So, there is a month overlap if they are wanting to open here soon. So, I think that would be the reason for that. Canning: Madam Mayor, Members of the Council, Mr. Freckleton hadn't heard an update within a week, so he doesn't know if they have asked for final inspection. He says it is fairly common that we hold the permit until they have the C of O. Also, my approval is based on it being a restaurant use. So, they would be in violation of my ordinance if -- or of my approval if they didn't have the restaurant going, then, they are a bar. But it sounds like it's fairly standard to just go ahead and approve them and, then, just hold the actual permit until they have the C of O. Borton: Okay. Bird: I have no problem with that. De Weerd: Okay. Council, this is yours. Zaremba: If I understood what happened, Madam Mayor, I move that we approve Item J and Item K as presented. Bird: Second. Borton: Second. e (' . ~ ' S ;~ F ~ ; ~ t ~ ) ~ ~ ~ ~ ~ ~ , } , ~ ~ C ~ f } ~ ~ ,s i 2 ~. t ~ i i tt S ~ ~ s ~ ~ ~ 3 i f t + ~ j , i ~ i f~ Q ~~ Q ~. l f~ ! ~ 9 ~ , F^ i~ E ~ F 3 ~~'. ~ ~ ~ S - i 133 C, ~ , } ~ i ~ iiGY 111 s !1 ~~ ~' ~~ t Z ~ ~ ~ i~ ti ( ~ ~i i q 5 i ~ ~ ~ 1 ~ E ~ ! .tr _ ~ ~ i 6 ~ ~ t r ,~ 9 ~ ~ ~. ' ~ ~ i? E 9 ~ t ~ ' f 1 ~ s i, z { ~ ! t ~ fi ~ ~- ~ ~ ~ ~ ~ z~ ~ ~ ~ ~ , ~~ Et, r ~ p ~ ~ _ ;r ~ ~ S h ~ ~ t ~ ~ ' _ ~ ` ' C t • Meridian City Council March X008 Page 25 of 26 De Weerd: I have a motion and a second to approve Items J and K that were removed from the Consent Agenda for the regular agenda and ask if there is no further discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 8: Public Hearing: CUP 07-022 Request for a Conditional Use Permit for a medical office in the O-T zoning district that does not meet the criteria of the Downtown Meridian Design Guidelines for Meridian Eve Care by Dr. Dan Thieme -125 West Cheny Lane: Item 9: Public Hearing: MI 08-001 Request for a Miscellaneous application to modify the Development Agreement to remove the requirement for cross- access between the properties located at 125 W. Cherry Lane and 1645 W. 1St Street for Mittleider by Dr. Dan Thieme -125 West Cherry Lane: De Weerd: Okay. Items 8 and 9 have been requested to be continued. I will open these two public hearings, CUP 07-022 and MI 08-001, and ask for a motion to continue. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue to April 1st, 2008, CUP 07-022 and MI 08-001. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the continuation of these two items. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. We are at the end of our agenda. Bird: I move we adjourn. Borton: Second. De Weerd: All those in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. f ` ~ ~' ~ a 4 ~ r ~ FI ~ ~I j a i', ; i S ~ ~< ~ ~ ~~ S i ~ s ~ ` ~ ~ I: ~€€ s p ~ ` i ~ r~ '• f M1 ~ 1 fi ( ~ it i C ` I ;F ~ ! ~ ~~~ ~` ~~ ~ ~ ~ { F ~ 4- f IIII k_ ~ ~ ~ ~ ~~ ~ ~ } '~ ~ j ~~ 1 ~ f ~ ~ F 1 ~ f j ~ ;~, r ~ 1 ~, ~ ~ ..~ 1 ~ f i ~ ( ~~I~ E ~ ~~ '~ ~ ~ ~ ! t 4 ~ f .~. ~ i 3 i .~ '~ ~} t i.:.i". ° ~ ! ~ ~. P a a r #~ h s i ~ ~ ~~ , d E . t I ~ i 9 '~ I~ :d i II 9 S 1 ~ ([ k ~ i r i + ~. t ~ i ~ i ~ ~ ~~ ~ ~ i ~ [ ? s~ ' ~I ' ~ ~ e ~ ~ ~~ ~ ~ _ ~ ~ ~ C 1 ~ I '~ ~ v i ~ _ 7 ~ ~ Meridianf~Y Council March 2~ 2008 Page 26 of 26 De Weerd: Thank you. MEETING ADJOURNED AT 8:07 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~, -moo ~,~'~~ MAYOR TAMMY D~ EERD ~i22i0~ DATE APPROVED ATTEST: JAYCEE . HOLMAN, CITY CLE ~` ~~ '' '• ~ ~ ~~? ~' ' ~~' `= ,, ~q. ~~ . ~=Tease ~~-~cr Pubu e Nat-gee -~ anks~ ~ E II~IAN~~ ~~~~~~~: CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian., Idaho Tuesday, March 25, 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: 3. Community Invocation by Pastor Burton Roberts (Retired) with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: 5. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 07- 018 Request for Annexation and Zoning of 9.764 acres from RUT to C-C zone for Settler's Square Subdivision by Seagle Three, LLC - 870 West Ustick Road: B. Findings of Fact and Conclusions of Law for Approval: PP 07- 024 Request for a Preliminary Plat with 12 commercial building lots and 2 common lots on 9.764 acres in a proposed C-C zone for Settler's Square Subdivision by Seagle Three, LLC - 870 West Ustick Road: C. Findings of Fact and Conclusions of Law for Approval: AZ 07- 019 Request for Annexation and Zoning of 15.49 acres from RUT Meridian City Council Meeting Agenda -March 25, 2008 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E: 1 i i I i t ' e 1 ~ i ~ ~ ~ .15 ~ ~~ ~ ~ ~t , .~ ~ ! i t ~, F r [- _ jf i i ` E~ ? ~ t ~ i ~;~ ~. E i f l ~ ' ~ I ~ ~- ~ ' ~; ' j ~ ~ ` 3 ~ ~ 1 -Y ~ 4 L ' i ` ~ 1 1 j ~ E ~ ~ P ~ ~ b ~ i, i ~ ~ ,4 ;; 't ~ S j} fj ' t ~ i ` ^ ~ i ~ ~ l t I 1t ~ y I ~ ~ ' ~ 9 ~ _ ; G 2 Pi ~ ~ ~ t 1 s ~ ~ D ~ 7 `.1' ~~ f 1 - ; S .. { D L ~ ~ I 4 9 ; ~ ~ ~3 ~ ~ ~' ~' ~ ~ ~ ~ ~ ~ ~~ } ? ,.I ~ ~ ii ~ y S~ ~~ H i s C ~ ~ ; ~ j ~ ~ I ~ ~ i ~ y k J c • to L-O zone for Stake House by the Church of Jesus Christ of Latter Day Saints - 5555 North Locust Grove Road: D. Water Main Easement Agreement for Gardner Ahlguist Gateway No. 1 by Meridian Medical Plaza, LLC: E. Water Main Easement Aareement for 10-Mile Christian Church: F. Change Order No. 4 for the North Black Cat Trunk Sewer with Brown Construction, Inc. for $11,360.00: G. Change Order No. 5 for the North Black Cat Trunk Sewer with Brown Construction. Inc. for $13,952.00: H. Task Order No. 0750 for the Sewer Main Extension at Powers Residence with Civil Survey Consultants, Inc. for $7,490.00: I. Task Order No. 2.6 for CEPT Pilot Test Support with CH2M HILL for $9,973.00: J. Approve New Beer ~ Liquor License for Cheerleaders Sports Bar and Grill at 3541 North Eagle Road: K. Approve Beer, Wine and Liquor License Renewals: A New Vintage Wine Shop 1400 N. Eagle Rd. Kahootz Pub ~ Eatery LLC 1603 N. Main St. Meridian Speedway 335 E. Main St. Whitewater Pizza & Pasta 1510 N. Eagle Rd. The Cigarette Store Inc. 200 E. Fairview Ave. Ultra Touch Car Wash 835 E. Fairview Ave. Louie's Italian Restaurant 2500 E. Fairview Ave. Sakana 1718 S. Eagle Rd. White Water Saloon 1646 N. Meridian Rd. Rite Aid #5412 1600 Main St. Carino's Italian Grill 3551 E. Fairview Ave. WinCo Foods, LLC. 1050 S. Progress Ave. Idaho Pizza Co. 405 E. Fairview Ave. Cheerleaders Sports Bar ~ Grill 3541 N. Eagle Rd. L. Temporary Construction Easement between Citv of Meridian as Grantor and ACHD as Grantee for Split Corridor Phase 1: Meridian City Council Meeting Agenda -March 25, 2008 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ ' ~ ' ~ E ~~ ~ ~ ~ ~ f r ~ I f ~ t ~ ~ ~ Ei i~ i °.: ~ ~ ~~ t ~ - r ~~ T t ~ : ~, j 1~ i ~~ t p ~ 1 A i r ' ~ ~ {1 ~ ` ~ ~ ~ ' ~ 'f ,~ ; r ; ~,~ , ~ , ~ ~ ~ ,; ~ ~ i ~ r { ' , ~~ i , 1 7 i 1 ~ ~ ~ ~ q~ i Y _+ j f ' ~E ~ M ~ T 7 f i ?~ 77I: ~ f~ ~ ~ :~ ~ ~ ~ ~ ~ ~ ~ t .. R C4 1 i i ~ t ~ ' } l ~ ~ ~ F ~ ~ ~ t r ~ 1 f E a ~ + . I i f " ~ P ~ '3 ~ ~ ~ ~ ,~ ~• ~ ~ ~ ' C ~ ~ ~ t i, j( i,~ k ~~ i 2 j ~ 1 k ~ 'i i p i , @ i { ~3 f ~ ~ + + ~ ~. ~ 3 ~ I p i I ~ ~' ~ 4 f ~ .,~ b b f ~ ~ tit it ~ :' ~ ~ ~~ ~5 f. i e ~;. ~ ~ ~ y ~~ > ~-. 1 l..~ 1.'~ ~. ~ .: ~ ..-~ ~.. 6. Department Reports: A. Planning Department /Legal Department 1. Discussion of the Outdoor Sales and Temporary Use Permit Ordinance: B. Legal Department 1. Approve SWAC Recommendation for funding of Trash Can Holders purchase of $2,723.00 for Western Ada Recreation District: 7. Items Moved from Consent Agenda: 8. Public Hearing: 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: 9. Public Hearing: MI 08-001 Request for a Miscellaneous application to modify the Development Agreement to remove the requirement for cross- access between the properties located at 125 W. Cheny Lane and 1645 W. 1St Street for Mittleider by Dr. Dan Thieme - 125 West Cherry Lane: Meridian City Council Meeting Agenda -March 25, 2008 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ ~ I ; N'a~ E ~ I t ~.. E ~ 1 ~ i~ "~ ~ `- ft, ~~ ~4 . ~ ' l 1 77 f < ~ 1 ~ i t ~ ~~i ~ ~E ` ~ ; 1 # , ~' ~ ~ ~ ~ ; 1 k1,i~ ~ y E ~ ~ • 5 i ' ~~ s 1 ~~ E i. ~ } ~: i.; i' ~~ ~ ~' ~ J ~ ~ 's e~~~ ~ '~ ~ ~ i ~ f s i~ ~ r r ~ c ~ i~ r ,'1' i `' ~ i ' ' f~ ~ f ~~ ~ ~ ~. ~ s t ~ i t ~` 6 3 ~ 1 5 '~ ~ ~ i ~~f ~' ~ ~ ~ t ~ ~ { ~ ' ~' ~ ~~ ~ i Q ' ~ } ~ ~ } ~ F F ~ ~ ~ E i `f ~ ~ s t 1 1 ~ri''~ I ~ ~ ~ri~adl~~s~~ ~~porlt ~ J DaterTlme 03-21-2008 03:26:50 p.m. Transmit HeaderText Cltyof Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Lfne 2 This document: Failed (reduced sample and details below) Document size : 8.5 "x11 " ~~'i~(}se ~s# -kr ~ bu ~ N~1 ~ e - ! 1nt~.Ytlcs i I ~~i~E IDIAN~-- cmf cou~c t p ~ t-i ~ IL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, Mach 2ti, 2008 at 7:00 p.m. ;4/though the CHy of Meridian no longer requires swum testimony, atl preser>tetlons before the Mayor and City Council are expecisd to be frutl~ful and honest fo Urs best of the abJtrty of the presenter.° 1. Ro11-call Attendance; David Zaremtra Soe Boron Gharlte Rounfiree Keith BiK! Mayor Tammy de Wearct 2. Pledge of Allegiance: 3. Community Invocation by Pastor Burton Roberts (Retired) with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: 5. Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval; AZ 07- 018 Request for AnnexatJun and Zoning of 9.784 acres from RUT to GC zone for S~ttter's Sauare Subdivision by Beagle Three, LLC - 870 West Ustlck Raad: B. Findings ofi Fact and Conclusions ofi Law for Approval: PP 07• 024 Request for a Preliminary Plat with 12 commercial building late and 2 common lots on 8.764 acres in a proposes C-C zone for $etttar's Snuare 5ubdhrfeion by Beagle Thr~, LLC - 870 Wei Uetick Road: C. FMdings of Fact and Condueions of Law for Approval: AZ 07- 018 Request for Annexation and Zoning of 15.49 acres from RUT Merkeart Cky Courtc$ Medfng Agentla- Maroh 26, 20D8 Page 1 of 3 RII n~edats at P~ shall 6ewme property of th C9ty oP aferitil&1. Myone dealring aawrmnadaUon far d rel9fBd m dacrnnarAa errdfor hung. pieeee cor~cithe Cky ClaiKs OfSce ffi 881<-A433 at raasl4g awry prior ~ fhe pW#c m~tlng. Total Paaes Scanned : 3 Tntal Panac ["nnflrrnorl • dG No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 885 3810160 03:05:59 p.m.03-21-2008 00:02:45 313 1 EC HS CP9600 002 885 8989551 03:05:59 p.m.03-21-2008 00:00:41 313 1 EC HS CP21600 003 885 2088848723 03:05:59 p.m.03-21-2008 00:00:34 313 1 EC HS CP28800 004 885 8886854 03:05:59 p.m.03-21-2008 00:00:37 313 1 EC HS CP31200 005 885 2088985501 03:05:59 p.m.03-21-2008 00:00:47 3/3 1 EC HS CP28800 006 885 8467366 03:05:59 p.m.03-21-2008 00:00:34 3/3 1 EC HS CP28800 007 885 8950390 03:05:59 p.m.03-21-2008 00:00:34 3/3 1 EC HS CP28800 I DatelTime 03-21-2008 03:26:57 p.m. LocaIID 9 2088884218 LocaIID 2 Transmit HeaderText Utgrof Meridian IdaP~o Local Name 1 Line 1 Local Name 2 Line 2 No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 008 885 208 888 2682 03:05:59 p.m.03-21-2008 00:00:33 3/3 1 EC HS CP33600 009 885 8840745 03:05:59 p.m.03-21-2008 00:00:33 3/3 1 EC HS CP31200 010 885 8885052 03:05:59 p.m.03-21-2008 00:00:34 3!3 1 EC HS CP31200 011 885 8881983 03:05:59 p.m.03-21-2008 00:00:37 3/3 1 EC HS CP26400 012 885 2083776449 03:05:59 p.m.03-21-2008 00:01:11 3/3 1 EC HS CP14400 013 885 4679562 03:05:59 p.m.03-21-2008 00:00:34 313 1 EC HS CP28800 014 885 8886700 03:05:59 p.m.03-21-2008 00:00:00 013 1 -- HS FA 015 885 8841159 03:05:59 p.m.03-21-2008 00:00:35 3/3 1 EC HS CP28800 016 885 8840744 03:05:59 p.m.03-21-2008 00:00:35 313 1 EC HS CP28800 Abbreviations: HS: Host send HR: Host receive ~' WS: Waiting send PL: Polled local MP: Mailbox print TU: Terminated by user PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 MS: Mailbox save FA: Fail RP: Report EC: Error Correct ~~ s x r 7 ;. { ~' Y - ~. g.. ; k. a A' r, • March 21, 2008 AZ 07-018 MERIDIAN CITY COUNCIL MEETING March 25, 2008 APPLICANT Seagle Three, LLC ITEM NO. 5-A REQUEST Findings for Approval -Request for Annexation and Zoning of 9.764 acres from RUT to C-C zone for Settler's Square Subdivision - 870 West Ustick Road AGENCY COMMENTS CITY CLERK: 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: ~~~ r~ (Y°1 g(Y 1 Date: ~ ~. 'Phone: '-t~.y3 ~Q~_~ Emailed: ~_algt^~~-~lr+i nr_( '~Ylr'1 Staff Initials: -~- Materials presented at public meetings shall become property of the Cify of Meridian. ~ j 4 ~ ~ I r E: 1 s ~ ,Q ~ ; i ~ ~- p ~~ ~ ~ ~ ~ 1 r , j ~ si ~ , ~ t _ ~ ~ , , P 5i ~~ I ~ t ~ ~ ~ j ~ t ~ ~: i b ° ~ .7 I ;. ~ ~1 ~ r :~ ~ j~ a ~ '~ e ' ~ , ,,, ; Y t 1 , t ~ I i f ` t ~ I~ ~ ! ~ ~ i L 3 f ~ I P `~ . ~ ": ~ ~ t ~ ~ i ~ ~ i ~ I i ~ I ' ~ sE' L 1 " i ~ l 3 ~ 9 ~ ~ : '~~ ~ I, i ,. ' . ~ ~ . . ' t a ~ ~` ~ ~ f 4 } ~ ~ ~ i i ~ ~ + ~ i ~~ ~ ~ ' it ae@ , { 1 ~ ~ E i ,r 1 1 + ~ ~ ~ ~! I G E { 1 ~t' ' ~ ~ ~ ~ ~ ~ ;I ~~ 3 ~ ~ N} CITY OF MERIDIAN (~E IDIAN- FINDINGS OF FACT, CONCLUSIONS ' D A ~ ~ OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 10.18 acres from RUT (Ada County) to C-C (Community Business District); Preliminary Plat of 141ots: 12 commercial lots and 2 common lots in the proposed C-C zoning district; and Alternative Compliance to the standard 10-foot wide landscape buffer adjacent to local streets for the Settlers Square Subdivision, by Seagle Three, LLC. Case No(s). AZ-07-018, PP-07-021, ALT-07-016 For the City Council Hearing Date of: March 4, 2008 (Continued from February 19, 2008) (Findings on the March 25, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 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). AZ-07-018, PP-07-021, ALT-07-016 -1- r~ LJ 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 February 19, 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 November 29, 2007 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 February 19, 2008 incorporated by reference. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of February 19, 2008 incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-018, PP-07-021, ALT-07-016 -2- .J 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. Attached: Staff Report for the hearing date of February 19, 2008 By ac ion of the City Council at its regular meeting held on the 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) VOTED VOTED VOTED_~~,~ VOTED VOTED "e~ Mayor Tammy eerd Attest: Jaycee H lman, City Clerk Copy served upon Applicant, The Planning Department, Public Works Department and City Attorn y. ity Clerk's Office Dated: 3'a' ~ ~ ~~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-018, PP-07-021,ALT-07-016 -3- CITY OF MERIDIAN PLANNING D~ RTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 STAFF REPORT E IDIAN-- Hearing Date: February 19, 2008 ~ (Continued to March 4, 2008) TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: Settlers Square • AZ-07-018 Annexation and Zoning of 10.18 acres from RUT (Ada County) to C-C (Community Business District) • PP-07-021 Preliminary Plat of 141ots: 12 commercial lots and 2 common lots in the proposed C-C zoning district. • ALT-07-016 Alternative compliance to the standard 10-foot wide landscape buffer adjacent to local streets (UDC 11-2B-3) 1.5UNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Seagle Three, LLC, has applied for Annexation and Zoning of 10.18 acres from RUT (Ada County) to C-C (Community Business District); preliminary plat approval of 14 lots consisting of 12 commercial lots and 2 common lots; and alternative compliance to allow for 5-foot wide buffers with 5 foot detached stamped decorative concrete sidewalks adjacent to the proposed public streets (Buckstone Avenue and Cooper Lane) and two common lot center medians to serve as the required landscape buffer for the southern portion of Buckstone Avenue, in lieu of the standard 10-foot wide landscape buffer required by UDC 11-2B-3. The Applicant has submitted a conceptual site plan of how this site maybe developed with a mix of retail, boutiques, personal service shops, office uses, financial institutions, restaurants and a daycare center. The square footages of the buildings are expected to range in size between 3,720 and 15,140 square feet. Total square footage at build out is estimated at 90,000 square feet. On the submitted plat, the Applicant has depicted two public streets (Buckstone Avenue and Cooper Lane) that will provide access and interconnectivity for the proposed development. The public streets are to provide north-south access to Ustick Road and the residences to north, and east-west access to Venable Lane through the development and to the currently underdeveloped property to the west. The subject property is located at the northwest corner of W. Ustick Road and N. Venable Lane in Section 36, Township 4 North, Range 1 West, B.M. Currently, the site is vacant land with an existing home and two outbuildings which the applicant is proposing to remove to make way for the proposed commercial development. The subject property is within the City's Area of Impact and Urban Service Planning Area and is contiguous to the current city limits. 2. SUMMARY RECOMMENDATION The subject Annexation and Zoning (AZ), Preliminary Plat (PP) and Alternative Compliance (ALT) applications were submitted to the Planning Department for concurrent review. By City Ordinance, the Planning & Zoning Commission makes recommendation to the City Council on the AZ and PP Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 1 CITY OF MERIDIAN PLANNING D• RTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 applications, and the ALT application is reviewed at the Staff level. Staff recommends approval of Settlers Square Subdivision (AZ-07-018/PP-07-024/ALT-07-016), as presented in the Staff Report for the hearing date of December 6, 2007, subject to the Findings of Fact listed in Exhibit D and subject to the conditions of approval listed in Exhibit B. The Meridian Planning & Zoning Commission heard these items on December 20 2007 At the public hearing the Commission moved to recommend aunroval of the subiect A7 PP and ALT request. a. S_ ummarv of Commission Public Hearing: i. In favor: Alan Christy (Applicant's Reuresentative) ii. In opposition: None iii. Commenting: David Rudeen iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission: ~. The architectural design of the buildings as it relates to the Cedar Springs commercial development east of the site. ai. The alignment of Buckstone Avenue with the access in Crossfield Subdivision c. Kev Commission Change(s) to Staff Recommendation: is None d. Outstanding Issue(s) for City Council: i. None .a: 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 07-018 and PP-07-024 as presented in the Staff report for the hearing date of February 19, 2008, with the following modifications to the proposed development agreement and/or conditions of approval: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07- 018 and PP-07-024 as presented during the public hearing on February 19, 2008, for the following reasons: (you should state specific reasons for denial of the AZ and PP requests.) Continuance Settlers Squaze -AZ-07-O1 S / PP-07-024 /ALT-07-016 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINGDATE OF FEBRUARY 19, 2008 After considering all Staff, Applicant and public testimony, I move to continue File Numbers AZ-07-018 and PP-07-024 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: NWC of Ustick Road and Venable Lane, Section 36, Township 4 North, Range 1 West b. Property Owners of Record: Seagle Three, LLC 5999 W. State Street, Suite A Boise, Idaho 83703 c. Applicant: Same as above d. Representative: Barbara Mason and Alan Christy, Treasure Valley Engineers e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Future Land Use Designation: Mixed Use Community g. Description of Applicant's Request: The Applicant is requesting annexation and zoning, preliminary plat approval for 12 commercial and 2 common lots on approximately 10.18 acres, and alternative compliance for the ten foot wide landscape requirement adjacent to local roads. h. Applicant's Statement/Justification (see Applicant's application and letter): Settlers Square Subdivision is intended to be a gathering place providing pedestrian-friendly neighborhood commercial services. Settlers Square Subdivision when fully developed will contain a mix of retail stores, fmancial services, restaurants, offices and a daycare center. The project will tie together through common architectural building design, landscaping, street fixtures, architectural highlights, and pathways. On-street parking has been incorporated into the design for added pedestrian convenience and promotes a casual neighborhood atmosphere. Central to the development is the creation of a "sense of place." The commercial center's mix of tenants is intended to compliment the lifestyles of the surrounding neighborhoods and support recreational activities associated with the newly completed Settlers Park. The entire project is intended to compliment the neighborhood, provide a local gathering place and a quality professional atmosphere for businesses to~succeed. 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 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 City Council on this matter. c. 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. Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE3 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 d. Newspaper notifications published on: November 19, 2007 and December 3, 2007 (Planning & Zoning Commission); January 28, 2008 and February 11, 2008 (Gifu Councill e. Radius notices mailed to properties within 300 feet on: November 9, 2007 (Planning & Zoning Commission); January 25, 2008 (City Council) f. Applicant posted notice on site by: November 26, 2007 (Planning & Zoning Commission); February 9, 2008 (Gifu Councill 6. LAND USE a. Existing Land Use(s): There is an existing home and two 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 subject site is surrounded by residential subdivisions located on the north and south sides of the proposed development. A commercial development is located east of the subject site with agas/convenience store and a mix of office uses. c. Adjacent Land Use and Zoning: 1. North: Single-family Residential, Woodburn Subdivision; zoned R-8 2. South: Single-family Residential, Crossfield Subdivision No. 4; zoned R-8 3. West: Single family Residence; zoned RUT (Ada County) 4. East: Cedar Springs Commercial Subdivision; zoned C-N d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Location of sewer: W Ustick Rd and W Woodpine St Location of water: North Venable LN, W Ustick Rd and W Woodpine St Issues or concerns: None 2. Vegetation: There are existing Cottonwood trees on the site that the applicant is proposing to remove. Contact the City's Arborist, Elroy Huff at 888-3579, to discuss a tree mitigation/protection plan. 3. Flood plain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazards: N/A 6. Proposed Zoning: C-C 7. Size of Property: 10.18 acres f. Landscaping: 1. Width of street buffer(s): A 25-foot wide landscape buffer is required on Ustick Road, an arterial street, and a 20-foot wide landscape buffer is required along Venable Lane, a collector street. Furthermore, UDC 11-2B-3 requires a minimum 10-foot wide landscape buffer along local commercial streets. The applicant has requested alternative compliance for this section of the code to allow for 5-foot wide buffers with detached 5-foot wide concrete paver sidewalks. Additional landscaping will be provided for with two center medians dedicated as common lots (Alternative Compliance analysis is provided in Section 10 below). 2. Width of buffers between land uses: A 25-foot wide land use buffer is required between C- Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE4 ,'~ ~ 3 ~ ~ y as ,~ ~ ~ i ~ ~ ~ p. a_ 9 i G t ~ 1 i i ~ 3~~ 1 r' ~r ~ ~ ~ li '~ ~ ~ ° . ~ ' i S7 i I J ,f I ~ ~ ~~ ~ ~ ~ ~ i~ p i ~ ,• ~ ~ !~ 1,, ~ k ~ j A ~i ~ ~ t I I [ .~ ~ i i ~ t (~ ~ ~' C ~ ~ ` ! ~ ; { , ~ ~ ~ f 2 ~ ~ i~f~ ~ ~ I ~:: y ! ~ I i~ 3 ~ s ~ ~ E ~ . i ~ ` ~ ` jl # ~ 1 ' ~ I } ~ ~ 3 ~ ~ ~ ~ ~ 7 ; ~ ~~ I i~ } ~ ~ ' F ~ ~~ c t ~~. ~ , 1 I ;i j j ~ , ' ~ t ~ _ ~ r~ ~ ' ~ 4~ '~ F}' ~ ~ 9 II ~ r ('.2 ~ ~ ~~ ~C ~ ~J ~ ~ ' M~ ~ f~. ~ ~ .~ ~ ~. CITY OF MERIDIAN PLANNING D~ RTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 C zoned properties and residential properties. There are residential properties to the north and west of the subject site. 3. Percentage of landscaped area: 21 % of the site is proposed to be landscaped. 4. Other landscaping standards: UDC 11-3B-8 and UDC 11-3B-12 require landscaping within and around parking lots. The landscaping standards for parking lots will be applied as part of the issuance of a Certificate of Zoning Compliance permit. (see Exhibit B, Development Agreement Provisions and Conditions of Approval). g. Off-Street Parking: One off-street parking space is required for every 500 square feet of gross floor area in commercial districts, per UDC 11-3C-6B. h. Required Dimensional Standards for the C-C zoning district: C-C Dimensional Standards Front setback: 0 Rear setback: 0 Interior side setback: 0 Maximum building height: 50 feet Maximum building size without design review approval: 60,000 square feet i. Subdivision Plat Information: 1. Residential Lots: 2. Non-residential Lots: 12 3. Total Building Lots: 12 4. Common Lots: 2 5. Other Lots: N/A 6. Total Lots: 14 j. Summary of Proposed Streets and/or Access: The preliminary plat shows two full-access public streets into the development. The public street that runs north-south (Buckstone Avenue located 330 feet west of Venable) provides access to Ustick Road and connectivity to the adjacent residential subdivision to the north. The public street that runs east-west (Cooper Lane) provides access to Venable Lane, aligns with the existing roadway to the east in Cedar Springs and stubs along the western boundary for future connectivity. ACRD has conditioned the applicant to construct the northern portion of Buckstone Avenue as a 29-foot street section, however, if Lots 1-6 of the proposed plat are consolidated on the final plat, the applicant will have to provide across-access easement to connect the southern portion of Buckstone Avenue with the stub street in the Woodburn Subdivision to the north. See ACRD conditions in Exhibit B. 7. COMMENTS MEETING On November 16, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Public Works Department, sanitary Services, Meridian Parks Department and Meridian Police Department. All of the received comments have been included within this report (Exhibit B). 8. COMPREHENSIVE PLAN POLICIES AND GOALS Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 5 ,. f ~~ ~ ~' ~ P ; ~ ~ ~ i a i ; ~ # ,1 a I , _ i ~ , . ~ ' g 4 ~ ~ ~ i 11 S ~ I 1 7 '~~ ~. ~ ~, ~ t i ~ - i 4 t ( i Y `' € ~ ~ ~ ~k s I , ' + j ; ~ ~ ~ ~ R ~ i ~t j ~ ;fit E ~ 1 ~. ) t ; E j. ~' ggg ~ [ ~ ~ :~ f ~~ 5t ~ ~ I p $ S ~ tr ~. f z ~ . r I { f ~ ~ 4 C i ~ €R ~ i ~- iti i X ~ ' I ' a ~ ~ ~ k ~ ~ ~ ~ ~ . t i + , ~ ~ ~ ~~ , ` E ~ + i ( ~ + ;S ~ 3 } i t ~ n a ~ ~ 4 "s ~~ ? ~. r ~ ~, i q c 3 ~ y.~ { ~~ ~ ~ ~ Ii ~ f- ~ ~-. ~. ~ ~ ~ (, t ~ i _ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 This property is currently designated "Mixed Use -Community" (MU-C) with a Neighborhood Center (N.C.) overlay on the Comprehensive Plan Future Land Use Map. Neighborhood Centers are anticipated to provide a blend of high-density residential, small-scale commercial, entertainment, office and open space uses that are geared to serve all residents within a one to two square mile area. The purpose of these centers is to create a centralized, pedestrian-oriented, identifiable and day-to-day service oriented focal point for neighborhood districts. The Comprehensive Plan also defines the mixed use designation as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The Mixed Use -Community designation allows residential density between 3 and 15 dwelling units per acre, up to 200,000 square feet ofnon-residential building area, and is intended to allow a broad range of uses. The proposed development is intended to develop with a mix of retail, boutiques, personal service shops, restaurants, office uses (professional and medical), financial institutions and a daycare center. These types of uses will provide services for the surrounding residential neighborhoods. The applicant has designed the proposed development to be pedestrian oriented. Incorporated in the site design are decorative stamped concrete sidewalks connecting each building in the development and areas are provided for outdoor seating. The proposed development will also provide vehicular and pedestrian connectivity to the residential subdivision to the north and the commercial development to the east. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed, the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACLID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. 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. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 6 CITY OF MERIDIAN PLANNING D~ TMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 On the submitted concept plan, the Applicant is proposing one full-access public street to Ustick Road (arterial) and another full access public street onto Venable Lane (collector). Both public streets provide access and inter-connectivity to the commercial development and adjacent properties. City Staff and ACIID Staff are supportive of the proposed access points. No direct lot access to Ustick Road and McMillan Road was proposed, and none is approved with these applications. • "Require appropriate landscape and street buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) Ustick Road is designated as an arterial roadway and Venable Lane is classified as a collector roadway. By City Ordinance, a 25 foot wide landscape buffer is required adjacent to Ustick Road and a 20 foot wide landscape buffer is required along Venable Lane. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The subject site will be responsible for installing and maintaining the appropriate landscape buffers, parking lot landscaping and streetscape landscaping at the time said parcel is developed. • "Permit new ...commercial development only where urban services can be reasonably provided at the time of fmal approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) This parcel is contiguous to the city. Sanitary sewer and water are available to this parcel. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes the proposed mix of retail, office (professional and medical), daycare center; restaurants, and financial services will, in fact, contribute to the variety of services located within the area and will complement the existing residential developments. • Chapter VII, Page 103 -Mixed Use Community Standards - Up to 25 acres is permitted for non-residential uses; up to 200,000 square feet of non-residential building area; residential densities of 3 to 15 units/acre. As part of PP and AZ applications, the applicant is proposing approximately 10 acres for non-residential uses. The proposed commercial development is proposing non-residential building sizes between 3, 720 and 15,140 square feet. None of these buildings are expected to exceed 20, 000 square feet and at build out the projected is estimated to total 90, 000 square feet. As mentioned above, the applicant is proposing a wide variety of non-residential uses. Staff is supportive of the mixed commercial uses and finds the proposed development to be in substantial compliance with the City s Comprehensive Plan. • Mixed Use standards, pages 102 and 103, Chapter VII: Purpose Statement: The purpose of the MU designation on the Future Land Use Map is to identify key areas which are either infill in nature or situated in highly visible or Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 transitioning areas of the city where innovative and flexible design opportunities are encouraged. The highly visible location of this property, at the corner of Ustick Road and Venable Lane makes it a good candidate for a quality mixed use neighborhood development. Fifth Bullet, bottom of page 102: Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged. Staff believes that the proposed development will be compatible with the surrounding residential properties. The submitted concept plan indicates off ce buildings and a daycare center are proposed adjacent to the residential subdivision to the north. A single family home is also located west of the development. Office uses and daycare centers are typically transitional uses adjacent to residences. In addition city code requires a 25 foot wide landscape buffer when commercial uses are adjacent to residential uses. The applicant will be responsible for installing a 25 foot wide landscape buffer at the time of CUP and/or CZC approval for buildings located adjacent to the northern and western property boundaries. • Sixth Bullet, top of page 103: A mixed use project shall include a principal use (retail, office, professional or residential) and at least one other type of land use. Exceptions may be granted from smaller site on a case-by-case basis. Staff is supportive of the mix of retail/commercial, office uses and personal and professional services proposed for this site. Although the applicant is not proposing a residential component with this development, staff believes the development will provide essential services to the residents of the area, thus meeting the intent of a mixed use development. Eighth Bullet, top of page 103: All mixed use projects shall be directly accessible to neighborhoods within the section by both vehicles and pedestrians. The conceptual plan provided by the Applicant shows excellent connectivity between the residences and businesses as well as from the adjacent sidewalks on the streets. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicants development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-21ists the permitted, accessory, and conditional uses in the C-C zoning district. The site is intended to develop with office uses, boutiques, restaurants and retail stores which are listed as principally permitted uses in the C-C district. The submitted concept plan also indicates a daycare center and drive through establishments which require CUP approval in the C-C zoning district. There is a maximum building size in the C-C district of 60,000 square feet before administrative design review is required. b. Purpose Statement of Zoning District: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures 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 Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 8 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 a. Analysis of Facts Leading to Staff Recommendation: AZ Application: The applicant is proposing a C-C zoning designation, which is generally consistent with the proposed Mixed Use -Community Map designation for this site. Approval of the subject annexation and zoning request would allow the Applicant to obtain commercial (C-C) zoning designation for the subject property. The Applicant has submitted a preliminary plat, a conceptual development plan and building elevations showing how this site may develop with a mix of limited retaiUoffice uses, drive through businesses and a daycare center. According to UDC 11- 2B-1 and UDC 11-2B-2, some of the uses proposed for this site, retail stores, professional offices, restaurants, and financial institutions are permitted uses in the proposed C-C district. However, daycare centers and drive through establishments require CUP approval. As stated earlier, the applicant is not proposing a residential component with this development; however, staff believes that there is sufficient residential development in the area to support the proposed non residential uses proposed. The applicant has indicated in the narrative that the development is intended to be a local gathering place providing pedestrian friendly neighborhood commercial services. Based on the policies and goals contained in the Comprehensive Plan and the proposed Future Land Use Map designation of Mixed Use -Community for this property, Staff believes that the requested C-C zoning district is appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and findings for an annexation. The annexation and zoning legal description prepared by Robert G. Hinckley, PLS, dated August 8, 2007 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. Development Agreement (DA): UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council with the authority to require a property owner to enter into a DA with the City of Meridian that may require some written commitment for all future uses. Due to the location of this development, adjacent to residential development and along a major roadway, and the proposed mix of commercial uses, Staff believes that a DA is necessary in this instance. If the Commission or Council believe that additional or different DA provisions then are provided herein are necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties, Staff recommends a clear outline of the commitments of the developer be made. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. The DA shall incorporate, at a minimum, the provisions listed in Exhibit B of the Staff Report and be approved by the Council within 6 months. Concept Plan: The Applicant has submitted a concept plan demonstrating how the site is to most likely develop. The concept plan shows 10 office/retail buildings and one daycare building located in the northeast corner of the development. The square footages for the buildings are expected to range between 3,720 and 15,140 square feet. The applicant has indicated in the application that cumulative square footages for the commercial site is not to exceed 90,000 square feet which is well below 200,000 square feet allowed for commercial uses within the Mixed-Use Community designation. Staff is limiting the development to not exceed 108,000 total square feet of non-residential uses on the site (90,000 total square feet X 20% allowance). Further, staff is Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 9 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 recommending that no one building exceed 20,000 square feet. All commercial buildings will require future CZC approval. The concept plan also illustrates the pedestrian feel of the development by providing outdoor seating azeas for future patrons and the proposed buildings are tied together with decorative concrete pathways providing excellent pedestrian connectivity. Some of the required parking is also located adjacent to wide pedestrian corridors lined with trees that add to the pedestrian ambiance of the development. Staff is supportive of the conceptual site design for this pazcel and the proposed uses within the development. Building Elevations: The applicant has submitted a conceptual streetscape for the proposed development. The conceptual streetscape reflects three different buildings with similar architectural elements and accents. Each facade of the buildings show substantial glazing with brick accented pilasters and metal canopies to provide shade and sitting areas for future patrons. Another elevation details some of the architecture incorporating flat and pitched roofs into the design with building materials varying from wood lap siding and stucco with brick veneer pilasters adding articulation to the facade of the building. The largest of the three buildings still uses the same building materials but features a substantial portico scaled to the size of the building and constructed with the same materials as the building. Staff believes the massing and scale of the proposed buildings is appropriate to a development of this size. Staff is supportive of theses building elevations and building materials. PP Application: Dimensional Standards: There are no minimum setbacks, lot size, or street frontage requirements for lots in the C-C zone. The maximum building height allowed in the C-C zone is 50 feet and the maximum building size allowed without design standard approval is 60,000 square feet. Future buildings proposed on the subject lots shall meet the minimum dimensional standazds listed in UDC 11-2B-3 and #6h above. Access: The preliminary plat shows two full-access public streets into the development. The public street that runs north-south (Buckstone Avenue, located 330 feet west of Venable) provides access to Ustick Road and connectivity to the adjacent residential subdivision to the north. The public street that runs east-west (Cooper Lane) provides access to Venable Lane, aligns with the existing commercial development to the east and stubs along the western boundary for future connectivity. A revised plat has been submitted to Staff, after the applicant received ACHD comments. ACHD has conditioned the applicant to construct the northern portion of Buckstone Avenue as a 29 foot street section. However, if Lots 1-6 of the proposed plat are consolidated, the applicant will have to provide across-access easement in lieu of the public street section to connect the existing Buckstone Avenue to Cooper Lane. The revised preliminary plat still shows a 29 foot street section; however the applicant is proposing if Lots 1-3 of Block 3 and/or Lots 1-3 of Block 4 are consolidated, a public street will still be required from Venable Lane to stub to the property to the west. Further, a vehiculaz connection from the existing Buckstone Place to the north to Cooper Lane should be provided. Except for the accesses mentioned above, a note shall be placed on the final plat prohibiting direct lot access to Ustick Road and Venable Lane. Because the concept plan shows shazed access points, across-access easement/agreement shall be recorded for all commercial lots within the subdivision to use the drive-aisles and said easement shall be noted on the final plat. Landscaping: The total landscape azea for the site is 21 percent which is considerably more than the 10 percent open space the UDC requires for residential subdivisions of equal size. The intent Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 of this request is to create a pedestrian friendly environment and complement the surrounding residential communities. Staff fords the applicant has provided an abundance of landscaping on the site. Street Buffers: Ustick Road is designated as an arterial roadway and Venable Lane is classified as a collector. The UDC requires 25-foot wide landscape buffers adjacent to arterial roadways and a 20-foot wide buffer adjacent to collector streets (iJDC Table 11-2B-3). On the landscaping plan the applicant is showing a 20 foot landscape buffer adjacent to Venable Lane and 25 foot landscape buffer along Ustick Road. Alternative Compliance: UDC Table 11-2B-3 requires a 10-foot wide landscape buffer along local/commercial streets. The applicant has requested alternative compliance to reduce the required 10 foot landscape buffer to 5 feet. The applicant is proposing to bring the buildings near the sidewalk and have on-street parking. The UDC required landscape buffer does not accommodate this design. In lieu of the 10-foot wide landscape buffer, the applicant has provided 5 foot perimeter landscaping with a minimum detached 5-foot wide decorative stamped concrete sidewalks adjacent to Buckstone Avenue and Cooper Lane (there are several areas where the stamped concrete sidewalk is 10 or 12-feet wide). In addition, the applicant is proposing two center medians located in the southern portion of Buckstone Avenue. The center medians are located along the southern portion of Buckstone Avenue but do not meet the minimum 8 foot width required per city code. Staff is supportive of the applicant's alternative compliance request but the applicant should revise the landscaping plan to depict a minimum eight-foot wide center median, measured inside of curbs, prior submittal for the final plat. In Lieu of the 10 foot wide landscape buffers along streets, staff supports and approves ALT-07-016 associated with the findings in Exhibit D. Existing Trees: There are 8 existing Cottonwood trees on this site. The applicant states they are to be removed during construction. Any existing tree on-site tree over 4" in caliper that are 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 has indicated on the submitted landscape plan that the trees are to be evaluated by Elroy Huff at the Meridian Parks Department, for any mitigation is that may be required. Land Use Buffers: If the subject annexation and zoning application is approved, commercially-zoned property will be adjacent to existing and proposed residential properties to the north and west. To buffer the existing and proposed residential land uses to the north and west from future commercial (C-C) uses on this site, a minimum 25-foot wide landscape buffer should be installed (iJDC Table 11-2B-3). The submitted landscape plan indicates a 25-foot wide landscape buffer adjacent to the residential subdivision to the north and a 20-foot buffer along the western property boundary. The applicant is to provide an additional 5 feet of landscaping (25-feet total) to the west property and construct materials in accordance with UDC 11-3B- 9. Internal Landscaping: The submitted landscape plan shows landscaping within the parking lots. The proposed parking areas meet the current landscaping requirements. It is important to note: all internal and parking lot landscaping will be reviewed with aCUP/CZC application. 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 commercial development. Prior to the City Engineer's signature of the final plat, all existing buildings on this site shall be removed. Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 Fencing: The Applicant is not proposing/showing any new fencing on any of the submitted plans. Permanent fencing is not required. However, if permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit for this site. During the public hearing, the applicant shall verify if permanent fencing is proposed for the development. 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. Staff recommends approval of Settlers Square (A~07-018/PP-07-024/ALT-07-016), as presented in the Staff Report for the hearing date of December 6, 2007, subject to the Findings of Fact listed in Exhibit D and subject to the conditions of approval listed in Exhibit B. The Meridian Planning & Zoning Commission heard these items on December 20, 2007. At the public hearing the Commission moved to recommend approval of the subiect AZ, PP and ALT request. 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: November 29, 2007) 3. Landscape Plan (dated: September 11, 2007) 4. Concept Plan (dated October 29, 2007) 5. Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. Ada County Highway District 8. Settler's Irrigation District 9. Central District Health C. Legal Descriptions & Exhibit Maps Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 -~ G ~ } l ` ~ ~ i ~ ~ ~ , F ( : 0 " ~ ~ s ~ ~ E; ~ ~ .r I' t ~5 f' ~ F t r. ~" r. b ~ ~ [ E ~ ~~ t, ~ - ~ ~ z d yy ~~ ,7 !. ~^ ~ ~ ~ ~ t` ' ~ S ~ 3 ~'. ~, ~ ;~ t ~ ~~~ ti ' ~ ,. ~ r :I F' ~ ' c ~~~ g' gg i ~ ~ ;t. ' ti: D' ~ ~ ;t 'f 1; ` ~ ~ a ( ~ ;a ~ ~ 9. ~~ r ~ < ~ ~ , ;! e, ~, i ~ ~ ~ ~ ~S ~ ~ yy v N 1 ':~ 1 C. . ~ F. , PAGE 12 f ~ ~. { $E S r, t . « ~' ' { 4~ ~ , 1 ~ y; r ~ ~~ ~ I ,~ `' ~~ ~ ~ ~ k ~ ~ . : ~ ~ ~ ~ e ~ S } i '. 1 { f ~ ~ 3 v s [r 2 ~ Jf i F 1 ~i R { ~ 5 ~ ~~: ~ [C ( ~ Y ~ ~ f .£ 3 ~ I i -`~f ~ ~ ~ ~ d F, ~ ~ r s A ( j ~- s ~ i ~ , ~ 1 ~ ~ ,i ~ , • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 D. Required Findings from Unified Development Settlers Squaze -AZ-07-018 / PP-07-024 /ALT-07-016 f '. ~~1 i r , pl t ~ _ ~ ~f~ 4 IIc ~~ ~ ,1. ~:s E i~ 1 7 t ~ i i ~ ,~. 4 I, r.~. f {i ! ~E i~ s I K`~ E ~ ~t G i ~~ ~ ~_ t ' FE E z ~ E _, ~ ' i ~ { } t~ f k '! E ~ ~~ 1 I j ~ry ~ f 1v fi l~ i p i ` :' :~ t 1 a . ,, ~ ~ ~ 91 2 •4 ~ ~ ~ ~~ ~ ~ ~~1 ~ 1 ~~ ~ ~~ {~ ~ ~ I i ~ ; Y a ~ ~ gIi ? ~ ~{{J x 7 ( ,.. (1 4 S . f . j ~ c ~' ~ ~ ~ ~~ ~ i i i ~• ~~1 is f f { i~ e f :_ i ~, ~ [ ~ ~= r j ~Q ~ ~ J 7 ~ ~ ~ ~ .: ~~ ~ ; ~ j } ~ ~ 3{9 T IL ,~i ~ ~. ~ 1~- ~: 3. "a ~, a ~ ~ }'; i j F`. i t ~ ~:. ~ is ~ ~~ ~. 7 i j PAGE 13 ~ 5~:. F t, F _ + '~ ~f S ' ~S ~ ~ ~ ` ;1 1 t ~~ L 4 7~ i t ~ ~ ~ ~ ~, ~,,: ~ 7 .E .~ ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF DECEMBER 6, 2007 Vicinity Map SE T E T L-O~ 0 M \ N N R j~ A 0 R z~ ~ ~ T W R-4 .,` ~~ ' A 0 D A B D i ~` W '~ Subject Site i UT ( ~ L-O STICK RD --= ` C-N W US ICK RD ~'_E r C2 ,ENE ST RU W r R S LO _, .~{,r , .~ ~% ?~' RUT K T D R Exhibit A CITY OF MERIDIAN PLANNING D~ RTMENT STAFF REPORT FOR THE HEARIN~ATE OF DECEMBER 6, 2007 Preliminary Plat xors~sae3a ~ ~~ 5 ~~ ~ ~~~ ~~ za ~~ ~k~ ~~ ~~~ ~~ ~~ ^~ ~~Q ~: ~_ ~~~ ~ ~ ...e.d . e .e tnq s e e y55 tl~~i5~~~~~~ ~ ~ ~ a ~ ~ ~ ~ n~ k~ ~ il~~~~~~~iiili~i I i ~ ~ ~ ~ ~ ~ ~ ~ ~ ®~ ~ ~ ~ ~ ~ ~ I; ~ I ~ i,aIl{Il . ~ ~ III II~ ~I~ ~ ~~~® ea•0B• a e~ i~~~~~~~~ ear amc Exhibit A ~~ s3uao aaa ~~/moo ..wm io ~moe ea ~m ~ ~ ~ ~~. uoa~ CITY OF MERIDIAN PLANNING D• RTMENT STAFF REPORT FOR THE HEARIN~ATE OF DECEMBER 6, 2007 3 ~ ~°' y~,~ ~ Hv~sa t~rc`scu~vz tom. o~ a ~o. ~~~ ~'~ ~~~ I~~ (( 'sP !!~ ~ t' BB ~E 93a 5 ~ D C ~i~~t~3° ~~ 1 ~ ~ t ~!_•~Ib~. ~ , ~ ~~ C S i ~ ~ ~6i 9• ~ ~~~~~ ~ j ~~i~l ~ 7 8 3Nt~l 318t9N3/~ 'N 533LI1 Ll - ,b65 Exhibit A Landscaping Plan ~¢ U ~4 !p s CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING ISATE OF DECEMBER 6, 2007 Concept Plan Exhibit A CITY OF MERIDIAN PLANNING D~ TMENT STAFF REPORT FOR THE HEARIN~ATE OF DECEMBER 6, 2007 Elevations: Exhibit A ~~r. ~ it 'iii 1 f'~ ,t t ~~ 7 I. ~f l y l m s~ ~ o® o ~~ ~ a cv ~ ® °° ... N ~~ ~ N d _ F O m '~ t/{ m 'Q CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF DECEMBER 6, 2007 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING~TE OF DECEMBER 6, 2007 a+ m ~ ~ C e O ~ m ~ ~ v w ~ N `~ N _ m i G~ ~ ~- L/Y m V1 C O C ~O m Exhibit A ` 4 l`. ~ 1 i ~ If t . i f i ~ . i i s ~6 5 ~ ~ ''f ~. i ' ~ ~ ~ f ilii y 3y ~ ~I Ir x S y ~ e F ~ € ~ + i ~ ~t- ~ Ir 1 s 6 j '4 ~ C F ~ +~ ~ ~ ? } j- i ~ ~ i 1 p ~ ~ ~ is t ~ ~ ~ ~ , 1 + ~ t ~ F 7 ~~ ' k 3 A ~ i~ j ~ ^~ ~ ~ -~~ 3 s~ 2" i ~ -3 } ~~ f t ~ ~ `' 4 r ~ ~ i I ~ ; ~ ~ ~ t r Y t j ~ ~' ~ E: 9 s ~ ,, t ~ Y r ~~ ~ ~~ i ~ .L + ~ ~ ~t ~ i ~ ~ E ~ ~ ~ i i ~ ' I f ~~~ pg k ~ t L~~ ` i$ ! ~ ~ 4 ~ ~ 16 ~ f +~ ! k S ~ ~ 3 ~ f 1~ 1 • F ! F 5 : + 1 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING~TE OF DECEMBER 6, 2007 Exhibit A -- m ®^ ~ c o a m~ D v N Q. ~ ~ {n ao .[.. V m ~ p. ~ ~-.. ~ ® m ~t N m g r 021 0 H b w 7 0 C ~i m CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN• TE OF DECEMBER 6, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION/ZONING 1.1.1 The annexation and zoning legal descriptions submitted with the application (stamped on August 7, 2007 by Robert G. Hinckley, 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 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 898-5506 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: • Development of the property shall substantially comply with the commercial elevations and the conceptual site plan submitted with the subject application (see Exhibit A), as determined by the Planning Director, including the concepts outlined below. - Pedestrian connections shall be constructed between commercial buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as proposed. - Commercial structures shall be built adjacent to roadways with on-site parking to the rear and sides of the structures; as proposed (on-street parking is approved). - Building materials (stucco and wood siding, architectural composition shingles, metal awnings and brick veneer accents), architectural elements (50 % glazing on ground level, metal awnings, brick veneer pilasters, and entry way porticos on the larger scaled buildings). - A minimum of 7 buildings with no one building exceeding 20,000 square feet. The maximum allowable non-residential square footage for this development shall be 108,000 square feet. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The Applicant shall be responsible for all costs associated with sewer and water service installation. • The following shall be the allowed uses on this property: Permitted and accessory uses within the C-C zone. All conditionally permitted uses on the subject site shall be subject to CUP review. • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit approval from the Planning Department prior to any commercial building construction on the subject property. Exhibit B CITY OF MERIDIAN PLANNING ~ RTMENT STAFF REPORT FOR THE HEARIN~ATE OF DECEMBER 6, 2007 • Except for one public street access to Ustick Road, one public street access to Venable Lane, the stubbing of Cooper Lane to the west and the connection of Buckstone Avenue to the existing residential stub street to the north; no other access points shall be allowed. • Construct a 25-foot wide landscape street buffer along Ustick Road and 20-foot wide landscape buffer along Venable Lane. • Construct a minimum 25-foot wide landscape buffer between all C-C zoned property and residential uses. PRELIMINARY PLAT Site Specific Conditions 1.2.1 The preliminary plat prepared by Treasure Valley Engineers, dated November 29, 2007 (attached in Exhibit A), is approved, with the conditions listed herein. Any future development agreement shall also be considered conditions of the Preliminary Plat (PP-07-021 }. 1.2.2 Except for the full-access public streets into the development (one to Ustick Road and one to Venable Lane), access to Ustick Road and Venable Lane is prohibited. Place a note on the face of the final plat prohibiting direct lot access to Ustick Road and Venable Lane. Cooper Lane shall be stubbed to the west side of the property for future connectivity, as proposed. Buckstone Avenue from the south shall be extended into the site. 1.2.3 Across-access easement/agreement shall be recorded for all commercial lots within the subdivision. All lots within the subdivision shall have access to the public streets via drive aisles. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat granting said cross-access. 1.2.4 Prior to the City Engineer's signature on the final plat, all existing structures shall be removed. 1.2.5 The landscape plan prepared by South Landscape Architecture, dated September 11, 2007, labeled Sheet L-1 (attached in Exhibit A), is approved with the following notes/changes: • Provide a minimum 25-foot wide landscape buffer along Ustick Road and a minimum 20-foot wide landscape buffer along Venable Lane. All landscape materials shall be installed in accordance with UDC 11-3B-9, Landscape Street Buffers. • Provide a 25-foot wide landscape buffer adjacent to the existing residential uses to the north and west of the site. All landscape material shall be installed in accordance with UDC 11-3B- 9, Landscape Buffers to Adjoining Uses, and create a barrier where the trees touch at the time of maturity. • In lieu of the 10-foot wide street buffer adjacent to Buckstone Avenue and Cooper Lane, the applicant shall construct minimum 5-foot wide street buffers, and brick/stamped concrete walkways. Further, two center medians located along the southern portion of Buckstone Avenue as shown on the concept plan shall be constructed. Said medians shall be constructed at a minimum of 8-feet in width, measured inside of curbs. See ALT-07-016. • Per UDC 11-3B-10, the Applicant shall work with the City Arborist, Ekoy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF DECEMBER 6, 2007 Submit revised landscape plans to the Planning Department with the submittal of the final plat application. 1.2.6 This subdivision lies within the Settlers' Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, 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. 1.2.8 All development improvements including water, sewer, fencing, landscaping and pressurized irrigation shall be installed and approved prior to obtaining Certificates of Occupancy. 1.2.9 A letter of credit or cash surety in the amount of 110% will be required for all required fencing, pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the final plat. 1.2.10 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. General Conditions 1.3.1 Sidewalks/walkways shall be installed within the subdivision and along the adjacent streets pursuant to UDC 11-3A-17. 1.3.2 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. 1.3.4 Temporary construction fencing to contain debris shall be installed around the perimeter prior to issuance of a building permit. 1.3.5 Staff's failure to cite specific ordinance provisions does not relieve the Applicant of responsibility for compliance. 1.3.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B- 7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in North Venable LN and W Woodpine St. The applicant shall install mains to 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 North Venable LN, W Ustick Rd and W Woodpine St. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Exhibit B -Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING-DATE OF DECEMBER 6, 2007 2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXIiIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXIiIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.8 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells maybe used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.9 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. Z.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. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 2.14 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.17 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.18 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.20 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.21 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. MERIDIAN 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 %2" 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 corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn Exhibit B CITY OF MERIDIAN PLANNING DEEARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 around on streets greater than 150' in length with no outlet. Extend Buckstone Avenue from the north. 3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.5 For all Fire Lanes provide signage "No Parking Fire Lane". 3.6 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. 3.7 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.8 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. 3.9 Maintain a separation of 5' from the building to the dumpster enclosure. 3.10 The Fire Dept. has concerns about addressing and the address being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.11 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.12 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.13 Where a portion of the facility or building 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). 3.14 All Daycare's with 7 or more children must pass an inspection using the criteria of the Idaho State Fire Marshal. If the applicant has concerns about meeting the State Fire Marshal criteria an inspection will be completed at a cost of $20. 3.15 There shall be a fire hydrant within 100' of all fire department connections. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 3.16 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 4. MERIDIAN POLICE DEPARTMENT 4.1 The police department has no concerns related to the site design of this project. 5. PARKS 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape 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 SERVICES 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Dedicate either 48 feet ofright-of--way from the existing centerline of Ustick Road abutting the parcel. The right of way purchase and sale agreement and deed must be completed and signed by the applicant prior to the scheduling of the final plat for signature by the ACRD Commission or prior to the issuance of a building permit whichever comes first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.1.2 Construct a 5-foot wide concrete sidewalk located 41-feet from the centerline of Ustick Road along the entire site frontage. 7.1.3 Do not make utility street cuts in Ustick Road abutting the site without approval in writing by the District. This section of road was paved in March 2007 and is subject to the 5 year cut moratorium. 7.1.4 Complete Venable Lane as a 40 foot street section with vertical curb, gutter, and 5 foot attached concrete sidewalk abutting the site. Connect sidewalk with the existing improvements to the north. 7.1.5 Construct the north portion of Buckstone Avenue as a 29 foot street section (measured from back of curb to back of curb) with vertical curb, gutter and 5 foot attached concrete sidewalks inside 42 feet of right of way. In the event lots 1-6 are consolidated on the final plat, the applicant shall provide, in lieu of this public street section, a public cross-access easement to connect the south portion of Buckstone Avenue with the stub street in Woodburn Subdivision to the north. 7.1.6 Construct the south portion of Buckstone Avenue as proposed with drive aisles 21 feet wide (measured from back of curb to back of curb) and islands at least 4 feet wide where it is divided, and vertical curb, gutter and 5 foot attached sidewalks along both sides. Where parking aisles are located, construct a 30 foot wide divided street section. Construct Buckstone Avenue with vertical curb, gutter and 5 foot attached sidewalk. Buckstone Avenue shall intersect with Ustick Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 Road no closer than 330 feet from Venable Lane (measured centerline to centerline). The District may restrict Buckstone Avenue to right in/right out at some time in the future. 7.1.7 Construct traffic islands with trees at least 6 feet wide with root barriers or 8 feet wide without. 7.1.8 Construct Cooper Lane as a 42 foot street section (with 9 foot parking aisles as proposed) with vertical curb, gutter and sidewalk aligning with the private drive in Cedar Springs Professional Center to the east and terminating as a stub street to the west. Install a sign at the west terminus of Cooper Lane stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.9 Provide a temporary public turnaround easement in the driveway nearest to Cooper Lane's east terminus to expire when Cooper lane is extended to the west. 7.1.10 Construct all commercial driveways onto Buckstone Avenue and Cooper Lane as proposed. Driveways must be no wider than 36 feet and paved their full width at least 30 feet into each site. If constructing curb return type driveways, 15 foot radii will be required. 7.1.11 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 ACHD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD 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. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 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. 8. SETTLER'S 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. Settler's Irrigation District owns the pressurized irrigation system within the Woodburn Subdivision. This development may connect to the existing system in accordance with SID's standards, specifications and policies. 8.7 This property lies within the Settlers Irrigation District's service boundary 9. CENTRAL DISTRICT HEALTH 9.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 9.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 9.3 Run-off is not to create amosquito-breeding problem. 9.4 Central District Health will require plans be submitted for a plan review for any: food establishments, grocery store, beverage establishment and child care center. Exhibit B r ~ y 6 ~ ~' ;~ l~ t ~ ~ ~ ~ ~ ~ ; F . ~ ~ i u i ~ ~ ~ x ~ ~ ~ ~ ~~ ~ { ~ ~ ~ ' ~ 1 6 7 I , pp ~ 4 '~ i ~ t ~ ~ ( I 5 ~ 1 i ~ ~ ~ f f I ~~ > ' f1 ~ Ii , 'k S ~ ~ i! ~ ~ °. ~ '~ I ' ~ ~ 7 , ~ i~ ~ ~ i 99 1 ~ ~ r ~ ~ a ~ ~ ~` ; ,~ 1 ;• r ~~ f H I. y t ~ ~ { ~ ~ { ~ 9~ ~ ~~ F ~t ? ~ ~ ~ i M { t ~ ~~ ' ~ I ~ 'i 1 i j S$ , ~ {{ t l 9 i t i f'• ~ ~ i j :i i i Q ~. ~ ~ Y s ~' ', ~ ' ' t ~ ~ j e ~ L C l °t 1 ' ~ S ~ ~ i 4 ~ ~ i (j t i{ ' ^ [r CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN®ATE OF DECEMBER 6, 2007 Exhibit C -Legal Descriptions & Exhibit Maps ~ ~ ~ ~l1LW"r1 ~ 1 ~~ PARC°E1. DF.SCRIP'fION Aagast 2, 2007 PROJECT; Settb:rs Sgneee PARCEL NO.: 05173.01 A parcel of land being a portlan ofthe East 1l2 ofthe SW U4 of the SW 1!4 ofSeetion 36, T. 4 N, R 1 ~V BM„ Ada Couat)r, [daho, refmgncing RO.S. Na 72-04, mom partf~y described as follows; BEGIN1ViNG ~ the found brass cap, (eAmer reyxid iustrmneat #103107927}, marking t1msouth'/. eonur ofsaid Section 36; Thsnca NoRh 88° 44' 00" Vilest coincident with tluo south Iine of said 3e~lan 36, a dismmw of 665.SS fceh Thence North 00° 23' 29" East, 06.00 feet to a found S!8" mbazfptastie sap L.S. !0782; Thence Soh 88° 44' 03° East, 665.17 fe~to the east lino ofsafd SVV U4 oPSeetiton 35; Thence South 00°26' 38" West coinratdent whh said east llae ofthe SVN 1!4 of said Section 35, a distanw of666:00 feat to ~ PonvT alA BEGINNIlHG. The parcel shave desaibed loss acres mom or Less. Together with and subject to caveasnin, aad restrl~lons of mr~d or otheiwiso wdsimg. REVI P Vl4L BY r~~ „: ~r+dd PUBi.iG #~ ¢~FT. Exhibit C ~~ # i' Y F ~ ~ k s ~ ~ ~ s ~ ~ . , ~ ~ ~ v ~ ~ S ~} t { ~ ~ ~ ! ~ + r ~ F ~ ~ e, r e i ~ _ i ~:~ , :~~ , ~ c [ ~ t ,. , ~ ~ ~ } F ~ k a ~ :~ ~ ~ z t ~ F ~- 1i i~ ~ ' f ! ~ ~~; ~ r }~~ ~ i ' R 1 k 4 ; i ~~ i tt ~ ~ ~ f # ~ ~ ~ ~ ~ S } }} ~ ~ ~ t ~ J SS ~ tF : ~ ~ S ~ y ~ L 2 : ~ t ~ ~ ~ ) l ~ i - 3 t ~ f' p ( tttE E . ~ ~ p: ~ ~ 1 ~ ~ ~ ~ ~ i c ~ ) ~ ._ I a y is I ~ Sj _~ # ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ V ~ 1! 1 1 1 ~ ~ ~ h CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN ®TE OF DECEMBER 6, 2007 EXHIBIT "A " ANNEXATION DESCRIPTION A POS7TON OF THE 81/2 OF T~J4 SA 1/4 OF T9E SA 1/4 OF SECf101Y 3B, TOANSSI~P 4 N0171$ EANGS ! ASST, BOlS6 LlBRIDIAN ADA CO-INTY, IDASO 200% ese.i~ W~m I o- 1 I 1 I I I I i I I 1 1 ~ _ ~ o.s. •ca I I ~~ I I 8' l~i1T-~I®1Y I ~ FON K N7iAB1& W18~1 H I I i I ~ Evl p YA4 ~ I I I ~;~~. t~EP.I€4IAN PU@6,It~ I I wct~t~s P3E!F~ I L4 taOii'-®6'-YAY ( iOPI t U911~f RD ' ------~ -~------- -------- -- ---J18' ~ N ~'µ'QO' W N1 CISHC C I ~ r Exhibit C TBBdSORS ~AllBY S1V&l~; aZ' LED! b~ S7R6Af' NDSfE Md1Q'd, lDABD B9B8T ~-~ (~) ~-o~ mai[iTirasmeYs/leFBediaxtsaom BX •FINl~•St~'VBS~R9 .. 7647T OI/R AB8 91T8t ve7I.77rea8nnYelleiSnRineerseem ' i~ ~ ~, ~, ! ~ ~ ~ I , ! r d # y ~ ~ ' ~ ~ S ' I' ,' t. ~:. o-1 r y ~ ~ ? ~) 3 ~_ ~. j G .~~ S i- S ~ ~' ( iFe r { .. ~ ~ t. £ I, ~ { ~ e ; ~ z. F 1 i ~ '~ ~ ~ 1 e_ ~ i .. y; s ~ ~ , r 6 ~ ~ r { ~ N 9 ~ f ~ S: ~` ~ ~ ' ~l _ ~ t '~ x , r .1 '~ ~ ' r '~ _ ~ ~ / p i x t i' ~ ~f~~ Y ~ ~ ~ s '1 i {' i~ ~ ~ F, a E 3 ~ ( ti ~ ~ ~ ~ t ~ 1 ~, I ~ ~' ~ ~-t { { i ~ ~ ~~ ~ '~ 1t ~` G ~ f E, ~ ~ f ~ k CITY OF MERIDIAN PLANNING DE• TMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 D. Required Findings from Unified Development Code 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 C-C. The City Council fmds that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section S, 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 fmds that professional offices, retail uses, restaurants and medical clinics would be permitted uses and drive through establishments and daycare centers are conditional uses within the C-C district. The City Council finds that future development of this property should comply with the established regulations and purpose statement of the C-C district, if the DA provisions are adhered to. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council fmds that a zoning amendment to C-C 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. 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 C-C 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 (LJDC 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 C-C would be in the best interest of the City, if the Applicant enters into Development Agreement (DA) with the City, as mentioned in the Staff Report. 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 Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF DECEMBER 6, 2007 adopted Comprehensive Plan. The City Council supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council fmds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the 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 fmding. (See Exhibit B 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 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. Alternative Compliance Findings: In order to grant approval for alternative compliance, the director shall determine the following findings: a. Strict adherence or application of the requirements is not feasible; OR The City Council finds the 10 foot landscape buffer adjacent to local streets is not feasible for the design of this proposed development. Staff believes the applicant has met the intent of the code by landscaping 21 % of the entire site and designing pedestrian pathways and 5 foot landscape buffers that compliment the existing northern residential neighborhood and provide excellent connectivity for future patrons of the development. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 b. The alternative compliance provides an equal or superior means for meeting the requirements; and The City Council fords the alternative compliance does provide a superior means for meeting the City's landscaping requirements. The City Council finds the conceptual landscape plan incorporates innovative design by using center medians along the southern portion of Buckstone Avenue and incorporating 5 foot wide landscape buffers along the public streets with 5 foot detached decorative stamped concrete. The City Council finds this design to be more compatible with the residential subdivision to the north. Additionally the City Council fords this design contributes urban streetscape and adds to the pedestrian friendly environment of the development. Therefore, The City Council supports the proposed concept landscape plan, as depicted in Exhibit A. c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The City Council fords that the proposed alternative will not be detrimental to the public welfare or impair the use /character of the surrounding properties. Exhibit D ' ~ i f ~ ~ a + d ;f ~ ! i r ~ i ' ~ t ~ F j} ; ' ~ # ~ C 1{ t 't f I ! } [ i ~ j rt 3 ] ¢ t, ' F - t ;~ f € 5 ~7 ~ y ,~ 7- ,~ 1` € S ~ , ' a j f j a 4 ~ i d ? ~ ~ _ ~ o, i ff ~ s } ~ ; ~ ~ ' ~~ ~ ~ ~}{ ~ ~~ S~ I:~ ~ I 1 S i }f7 ~ 1 i ~ ~ ~ ~ ~~ 7$($ i ( S ~ j ~ u ~ y ~ ~ 9 ~ [ ! s ~ r ~ , ~ C ' ~ ~ s' j . f~ ~ ~ y i {• ~ E ~ r r ~ 4 ~ ~ ~ E ~ ~ ~ ! }a ~ e 1 q ~ ~ } § ( ~ ~ 4 t ~ f ~ 3 ~ ~~ i ~ ~~ ~ j f } ' ~ t ~ }~ s o ~ ~~ ~ - ~ i ~-: F it 1 r s ~ ~ } S March 21, 2008 PP 07-024 MERIDIAN CITY COUNCIL MEETING March 25, 2008 APPLICANT Seagle Three, LLC ITEM NO. 5-B REQUEST Findings for Approval -Request for Preliminary Plat with 12 commercial building lots and 2 common lots on 9.764 acres in a proposed C-C zone for SetNer's Square Subdivision - 870 West Ustick Road AGENCY COMMENTS CITY CLERK: 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: ~U.rb ~~ Date: 3 Zq' Phone: ~'(~?,- 03GC~ Emailed: ~1n[iS[-r~~~'YPIIr1C~_~~Y1 Staff Initials: Materials presented at public meetings shall become properly of the Clty of Merldlan. iE ~ !:! ~ ~ ~ -~:l ~ ~~ ~~: ~'F} 1. ~ ~~ ~ ~' i 5 ~ ~ ~ ~ 3 ~ `t I ' ~~ ~ i ~ .. i t d I ! ; ~ ~t ~ f ~ r ~ i 1 ~ ~ ~' ~ 11 ~ `. I ~ ~ ; ~ i ~ ~ j ~i ~~ L 1 ~ 3(~ , ~ 1 jf~ ~ ~ ~ ' ~' $ 1 i ~ t ~ ~ t t7 ~' I 1 ' 1 } f ~ ) f ~ ~ ~ ~ ~ I E ~ ~ t i 9 F ~ ~ ~ ~ t ~ ~ , ; ~ F r t f ~ ~ ~ ? ~ f . ~ ; i ` ~ a d ~ q ~ it ~ { ~ E i I ~~ 'P is i' ~ y 7 i t i ~ ~ ~- i ~ ~ .~ R~ ' { j I }, ~ f c ~ { ', e ~ l - ~ ~ r t ~ T ~ ; 3 ~ i ~ ~ S : ~ i t? i :: t r {~ '' ~ E t 1 ~ I I r ~ (~ { t ~ ' Y i y ~ {{f ! ~i F I ' ~ '1 i :I ~ ~[ s t ~ NN t }} ~ RECENED MAR 2 0 200 City Cf lileridian City Clerk ®~ce CITY OF MERIDIAN E IDIAN~- FINDINGS OF FACT, CONCLUSIONS OF LAW AND ~ ~ DECISION & ORDER In the Matter of Annexation and Zoning of 10.18 acres from RUT (Ada County) to C-C (Community Business District); Preliminary Plat of 141ots: 12 commercial lots and 2 common lots in the proposed C-C zoning district; and Alternative Compliance to the standard 10-foot wide landscape buffer adjacent to local streets for the Settlers Square Subdivision, by Seagle Three, LLC. Case No(s). AZ-07-018, PP-07-021, ALT-07-016 For the City Council Hearing Date of: March 4, 2008 (Continued from February 19, 2008) (Findings on the March 25, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) B. Conclusions of Law 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). AZ-07-018, PP-07-021,ALT-07-016 -1- 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 19, 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 November 29, 2007 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 February 19, 2008 incorporated by reference. 3. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of February 19, 2008 incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-018, PP-07-021, ALT-07-016 -2- 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. Attached: Staff Report for the hearing date of February 19, 2008 By act'on of the City Council at its regular meeting held on the ~+~ da of Vl, , 2008. Y COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED~CG~. VOTED VOTED VOTED ~JiQ,G~- VOTED ~~ Mayor T y de Weerd Attest: Jaycee H an, City Clerk Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-018, PP-07-021,ALT-07-016 -3- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARII~ATE OF FEBRUARY 19, 2008 STAFF REPORT Hearing Date: February 19, 2008 ~ I~~AN~~ ' (Continued to March 4, 2008) ~ TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: Settlers Square • AZ-07-018 Annexation and Zoning of 10.18 acres from RUT (Ada County) to C-C (Community Business District) • PP-07-021 Preliminary Plat of 141ots: 12 commercial lots and 2 common lots in the proposed C-C zoning district. • ALT-07-016 Alternative compliance to the standard 10-foot wide landscape buffer adjacent to local streets (UDC 11-2B-3) 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Seagle Three, LLC, has applied for Annexation and Zoning of 10.18 acres from RUT (Ada County) to C-C (Community Business District); preliminary plat approval of 14 lots consisting of 12 commercial lots and 2 common lots; and alternative compliance to allow for 5-foot wide buffers with 5 foot detached stamped decorative concrete sidewalks adjacent to the proposed public streets (Buckstone Avenue and Cooper Lane) and two common lot center medians to serve as the required landscape buffer for the southern portion of Buckstone Avenue, in lieu of the standard 10-foot wide landscape buffer required by UDC 11-2B-3. The Applicant has submitted a conceptual site plan of how this site maybe developed with a mix of retail, boutiques, personal service shops, office uses, fmancial institutions, restaurants and a daycare center. The square footages of the buildings are expected to range in size between 3,720 and 15,140 square feet. Total square footage at build out is estimated at 90,000 square feet. On the submitted plat, the Applicant has depicted two public streets (Buckstone Avenue and Cooper Lane) that will provide access and interconnectivity for the proposed development. The public streets are to provide north-south access to Ustick Road and the residences to north, and east-west access to Venable Lane through the development and to the currently underdeveloped property to the west. The subject property is located at the northwest corner of W. Ustick Road and N. Venable Lane in Section 36, Township 4 North, Range 1 West, B.M. Currently, the site is vacant land with an existing home and two outbuildings which the applicant is proposing to remove to make way for the proposed commercial development. The subject property is within the City's Area of Impact and Urban Service Planning Area and is contiguous to the current city limits. 2. SUNIlVIARY RECOMMENDATION The subject Annexation and Zoning (AZ), Preliminary Plat (PP) and Alternative Compliance (ALT) applications were submitted to the Planning Department for concurrent review. By City Ordinance, the Planning & Zoning Commission makes recommendation to the City Council on the AZ and PP Settlers Squaze -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 applications, and the ALT application is reviewed at the Staff level. Staff recommends approval of Settlers Square Subdivision (A~07-018/PP-07-024/ALT-07-O1~, as presented in the Staff Report for the hearing date of December 6, 2007, subject to the Findings of Fact listed in Exhibit D and subject to the conditions of approval listed in Exhibit B. The Meridian Planning & Zonine Commission heard these items on December 20 2007 At the public hearing the Commission moved to recommend approval of the subiect AZ, PP and ALT request. a. Summary of Commission Public Hearin,?: i. In favor: Alan Christy (Applicant's Representative) ii. In opposition: None iii. Commenting: David Rudeen iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commentinsi on application: None b. Kev Issue(s) of Discussion by Commission: The architectural design of the buildings as it relates to the Cedar Sprines commercial development east of the site. ~. The alienment of Buckstone Avenue with the access in Crossfield Subdivision c. Kev Commission Change(s) to Staff Recommendation: a. None d. Outstandine Issue(s) for City Council: i. None .;~ 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 07-018 and PP-07-024 as presented in the Staff report for the hearing date of February 19, 2008, with the following modifications to the proposed development agreement and/or conditions of approval: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07- 018 and PP-07-024 as presented during the public hearing on February 19, 2008, for the following reasons: (you should state specific reasons for denial of the AZ and PP requests.) Continuance Settlers Squaze -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 After considering all Staff, Applicant and public testimony, I move to continue File Numbers AZ-07-018 and PP-07-024 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: NWC of Ustick Road and Venable Lane, Section 36, Township 4 North, Range 1 West b. Property Owners of Record: Seagle Three, LLC 5999 W. State Street, Suite A Boise, Idaho 83703 c. Applicant: Same as above d. Representative: Barbara Mason and Alan Christy, Treasure Valley Engineers e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Future Land Use Designation: Mixed Use Community g. Description of Applicant's Request: The Applicant is requesting annexation and zoning, preliminary plat approval for 12 commercial and 2 common lots on approximately 10.18 acres, and alternative compliance for the ten foot wide landscape requirement adjacent to local roads. h. Applicant's StatemenbJustification (see Applicant's application and letter): Settlers Square Subdivision is intended to be a gathering place providing pedestrian-friendly neighborhood commercial services. Settlers Square Subdivision when fully developed will contain a mix of retail stores, financial services, restaurants, offices and a daycare center. The proj ect will tie together through common architectural building design, landscaping, street fixtures, architectural highlights, and pathways. On-street parking has been incorporated into the design for added pedestrian convenience and promotes a casual neighborhood atmosphere. Central to the development is the creation of a "sense of place." The commercial center's mix of tenants is intended to compliment the lifestyles of the surrounding neighborhoods and support recreational activities associated with the newly completed Settlers Park. The entire project is intended to compliment the neighborhood, provide a local gathering place and a quality professional atmosphere for businesses to succeed. 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 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 City Council on this matter. c. 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. Settlers Squaze -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 d. Newspaper notifications published on: November 19, 2007 and December 3, 2007 (Planning & Zoning Commission); January 28, 2008 and February 11, 2008 (City Council) e. Radius notices mailed to properties within 300 feet on: November 9, 2007 (Planning & Zoning Commission); January 25, 2008 (Gifu Council) f. Applicant posted notice on site by: November 26, 2007 (Planning & Zoning Commission); February 9, 2008 (Gifu Council) 6. LAND USE a. Existing Land Use(s): There is an existing home and two 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 subject site is surrounded by residential subdivisions located on the north and south sides of the proposed development. A commercial development is located east of the subject site with agas/convenience store and a mix of office uses. c. Adjacent Land Use and Zoning: 1. North: Single-family Residential, Woodburn Subdivision; zoned R-8 2. South: Single-family Residential, Crossfield Subdivision No. 4; zoned R-8 3. West: Single family Residence; zoned RUT (Ada County) 4. East: Cedar Springs Commercial Subdivision; zoned C-N d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Location of sewer: W Ustick Rd and W Woodpine St Location of water: North Venable LN, W Ustick Rd and W Woodpine St Issues or concerns: None 2. Vegetation: There are existing Cottonwood trees on the site that the applicant is proposing to remove. Contact the City's Arborist, Elroy Huff at 888-3579, to discuss a tree mitigation/protectionpian. 3. Flood plain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazards: N/A 6. Proposed Zoning: C-C 7. Size of Property: 10.18 acres f. Landscaping: Width of street buffer(s): A 25-foot wide landscape buffer is required on Ustick Road, an arterial street, and a 20-foot wide landscape buffer is required along Venable Lane, a collector street. Furthermore, UDC 11-2B-3 requires a minimum 10-foot wide landscape buffer along local commercial streets. The applicant has requested alternative compliance for this section of the code to allow for 5-foot wide buffers with detached 5-foot wide concrete paver sidewalks. Additional landscaping will be provided for with two center medians dedicated as common lots (Alternative Compliance analysis is provided in Section 10 below). 2. Width of buffers between land uses: A 25-foot wide land use buffer is required between C- Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARII~ATE OF FEBRUARY 19, 2008 C zoned properties and residential properties. There are residential properties to the north and west of the subject site. 3. Percentage of landscaped area: 21 % of the site is proposed to be landscaped. 4. Other landscaping standards: UDC 11-3B-8 and UDC 11-3B-12 require landscaping within and around parking lots. The landscaping standards for parking lots will be applied as part of the issuance of a Certificate of Zoning Compliance permit. (see Exhibit B, Development Agreement Provisions and Conditions of Approval). g. Off-Street Parking: One off-street parking space is required for every 500 square feet of gross floor area in commercial districts, per UDC 11-3C-6B. h. Required Dimensional Standards for the C-C zoning district: C-C Dimensional Standards Front setback: 0 Rear setback: 0 Interior side setback: 0 Maximum building height: 50 feet Maximum building size without design review approval: 60,000 square feet i. Subdivision Plat Information: 1. Residential Lots: 2. Non-residential Lots: 12 3. Total Building Lots: 12 4. Common Lots: 2 5. Other Lots: N/A 6. Total Lots: 14 j. Summary of Proposed Streets and/or Access: The preliminary plat shows two full-access public streets into the development. The public street that runs north-south (Buckstone Avenue located 330 feet west of Venable) provides access to Ustick Road and connectivity to the adjacent residential subdivision to the north. The public street that runs east-west (Cooper Lane) provides access to Venable Lane, aligns with the existing roadway to the east in Cedar Springs and stubs along the western boundary for future connectivity. ACRD has conditioned the applicant to construct the northern portion of Buckstone Avenue as a 29-foot street section, however, if Lots 1-6 of the proposed plat are consolidated on the final plat, the applicant will have to provide across-access easement to connect the southern portion of Buckstone Avenue with the stub street in the Woodburn Subdivision to the north. See ACRD conditions in Exhibit B. 7. COMMENTS MEETING On November 16, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Public Works Department, sanitary Services, Meridian Parks Department and Meridian Police Department. All of the received comments have been included within this report (Exhibit B). 8. COMPREHENSIVE PLAN POLICIES AND GOALS Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 5 1. ~ ~ '~ fi ~ ~ ~ ~ ~ ~ ~~ ~ i ~a ' j SS 3~ i } j ~ ~ ' ~ ~~ ~ ~ ~ i ~ ~ ~ t :j a i 7 ~ ` ~ ' k F ~S` I ~ 1 1 ~ ~ ' ~ ~ y t ~ { ~ ~ y ~ ~7{ ~~ 4 ~ i t~ #tf ' ~ S ~ ~ ~ ~ ~ ~ f p ~ f iy F t f t $ f i ~ ~ 1 ZI k 't ' ~ 1 i Y t- t~ i ,; j r 1 ~~ ;~ ~ a~ ..~ F ~ 1 s { ~~ ~ ~ f ~' ~. ~ ~ p f ~ ~ f} ~ ~ + t i r ~ ~ 1 ~ ~ v f F ~ ~ ' ' , E~ ~ ', 1. t ~ ~ ~~ .k P ' T. 1 ~ ' ~ E € 4 ` ~ , is f t` '. > t l s ~~. ~ i ~ ~ ,s ~ 4~ ~ i ~. ~ ~~ tY x J I ; ~ ~ ~ t ~` { ~ ' ~ , ~ r ,~ ~ 3 ~ ~~ ~,~~ i ~- ; e ~ i + ~ ~ it-_ ~(( ~ S .: ~ ~ ~ ~ E ~, 4 ~ ~ ~ 1 r~ ; ~ ,t.. ~ ' ~ ~ ~ i ~~ ~_: CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 This property is currently designated "Mixed Use -Community" (MU-C) with a Neighborhood Center (N.C.) overlay on the Comprehensive Plan Future Land Use Map. Neighborhood Centers are anticipated to provide a blend of high-density residential, small-scale commercial, entertainment, office and open space uses that are geared to serve all residents within a one to two square mile area. The purpose of these centers is to create a centralized, pedestrian-oriented, identifiable and day-to-day service oriented focal point for neighborhood districts. The Comprehensive Plan also defines the mixed use designation as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The Mixed Use -Community designation allows residential density between 3 and 15 dwelling units per acre, up to 200,000 square feet of non-residential building area, and is intended to allow a broad range of uses. The proposed development is intended to develop with a mix of retail, boutiques, personal service shops, restaurants, office uses (professional and medical), financial institutions and a daycare center. These types of uses will provide services for the surrounding residential neighborhoods. The applicant has designed the proposed development to be pedestrian oriented. Incorporated in the site design are decorative stamped concrete sidewalks connecting each building in the development and areas are provided for outdoor seating. The proposed development will also provide vehicular and pedestrian connectivity to the residential subdivision to the north and the commercial development to the east. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer s expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed, the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (AChID). 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 and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 6 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 On the submitted concept plan, the Applicant is proposing one full-access public street to Ustick Road (arterial) and another full access public street onto Venable Lane (collector). Both public streets provide access and inter connectivity to the commercial development and adjacent properties. City Staff and ACFID Staff are supportive of the proposed access points. No direct lot access to Ustick Road and McMillan Road was proposed, and none is approved with these applications. • "Require appropriate landscape and street buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) Ustick Road is designated as an arterial roadway and Venable Lane is classified as a collector roadway. By City Ordinance, a 25 foot wide landscape buffer is required adjacent to Ustick Road and a 20 foot wide landscape buffer is required along Venable Lane. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The subject site will be responsible for installing and maintaining the appropriate landscape buffers, parking lot landscaping and streetscape landscaping at the time said parcel is developed. • "Permit new ...commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) This parcel is contiguous to the city. Sanitary sewer and water are available to this parcel. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes the proposed mix of retail, office (professional and medical), daycare center, restaurants, and financial services will, in fact, contribute to the variety of services located within the area and will complement the existing residential developments. • Chapter VII, Page 103 -Mixed Use Community Standards - Up to 25 acres is permitted for non-residential uses; up to 200,000 square feet of non-residential building azea; residential densities of 3 to 15 units/acre. As part of PP and AZ applications, the applicant is proposing approximately 10 acres for non-residential uses. The proposed commercial development is proposing non-residential building sizes between 3, 720 and 15,140 square feet. None of these buildings are expected to exceed 20, 000 square feet and at build out the projected is estimated to total 90, 000 square feet. As mentioned above, the applicant is proposing a wide variety of non-residential uses. Staff is supportive of the mixed commercial uses and finds the proposed development to be in substantial compliance with the City's Comprehensive Plan. • Mixed Use standazds, pages 102 and 103, Chapter VII: Purpose Statement: The purpose of the MU designation on the Future Land Use Map is to identify key areas which are either infill in nature or situated in highly visible or Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING"DATE OF FEBRUARY 19, 2008 transitioning areas of the city where innovative and flexible design opportunities are encouraged. The highly visible location of this property, at the corner of Ustick Road and Venable Lane makes it a good candidate for a quality mixed use neighborhood development. Fifth Bullet, bottom of page 102: Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged. Staff believes that the proposed development will be compatible with the surrounding residential properties. The submitted concept plan indicates off ce buildings and a daycare center are proposed adjacent to the residential subdivision to the north. A single family home is also located west of the development. Off ce uses and daycare centers are typically transitional uses adjacent to residences. In addition city code requires a 25 foot wide landscape buffer when commercial uses are adjacent to residential uses. The applicant will be responsible for installing a 25 foot wide landscape buffer at the time of CUP and/or CZC approval for buildings located adjacent to the northern and western property boundaries. • Sixth Bullet, top of page 103: A mixed use project shall include a principal use (retail, office, professional or residential) and at least one other type of land use. Exceptions maybe granted from smaller site on a case-by-case basis. Staff is supportive of the mix of retail/commercial, of ice uses and personal and professional services proposed for this site. Although the applicant is not proposing a residential component with this development, staff believes the development will provide essential services to the residents of the area, thus meeting the intent of a mixed use development. Eighth Bullet, top of page 103: All mixed use projects shall be directly accessible to neighborhoods within the section by both vehicles and pedestrians. The conceptual plan provided by the Applicant shows excellent connectivity between the residences and businesses as well as from the adjacent sidewalks on the streets. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-21ists the permitted, accessory, and conditional uses in the C-C zoning district. The site is intended to develop with office uses, boutiques, restaurants and retail stores which are listed as principally permitted uses in the C-C district. The submitted concept plan also indicates a daycare center and drive through establishments which require CUP approval in the C-C zoning district. There is a maximum building size in the C-C district of 60,000 square feet before administrative design review is required. b. Purpose Statement of Zoning District: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures 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 Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 a. Analysis of Facts Leading to Staff Recommendation: AZ Application: The applicant is proposing a C-C zoning designation, which is generally consistent with the proposed Mixed Use -Community Map designation for this site. Approval of the subject annexation and zoning request would allow the Applicant to obtain commercial (C-C) zoning designation for the subject property. The Applicant has submitted a preliminary plat, a conceptual development plan and building elevations showing how this site may develop with a mix of limited retaiUoffice uses, drive through businesses and a daycare center. According to UDC 11- 2B-1 and UDC 11-2B-2, some of the uses proposed for this site, retail stores, professional offices, restaurants, and fmancial institutions are permitted uses in the proposed C-C district. However, daycare centers and drive through establishments require CUP approval. As stated earlier, the applicant is not proposing a residential component with this development; however, staff believes that there is sufficient residential development in the area to support the proposed non residential uses proposed. The applicant has indicated in the narrative that the development is intended to be a local gathering place providing pedestrian friendly neighborhood commercial services. Based on the policies and goals contained in the Comprehensive Plan and the proposed Future Land Use Map designation of Mixed Use -Community for this property, Staff believes that the requested C-C zoning district is appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and findings for an annexation. The annexation and zoning legal description prepared by Robert G. Hinckley, PLS, dated August 8, 2007 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. Development Agreement (DA): UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council with the authority to require a property owner to enter into a DA with the City of Meridian that may require some written commitment for all future uses. Due to the location of this development, adjacent to residential development and along a major roadway, and the proposed miz of commercial uses, Staff believes that a DA is necessary in this instance. If the Commission or Council believe that additional or different DA provisions then are provided herein are necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties, Staff recommends a clear outline of the commitments of the developer be made. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. The DA shall incorporate, at a minimum, the provisions listed in Exhibit B of the Staff Report and be approved by the Council within 6 months. Concept Plan: The Applicant has submitted a concept plan demonstrating how the site is to most likely develop. The concept plan shows 10 office/retail buildings and one daycare building located in the northeast corner of the development. The square footages for the buildings are expected to range between 3,720 and 15,140 square feet. The applicant has indicated in the application that cumulative square footages for the commercial site is not to exceed 90,000 square feet which is well below 200,000 square feet allowed for commercial uses within the Mixed-Use Community designation. Staff is limiting the development to not exceed 108,000 total square feet of non-residential uses on the site (90,000 total square feet X 20% allowance). Further, staff is Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 recommending that no one building exceed 20,000 square feet. All commercial buildings will require future CZC approval. The concept plan also illustrates the pedestrian feel of the development by providing outdoor seating azeas for future patrons and the proposed buildings aze tied together with decorative concrete pathways providing excellent pedestrian connectivity. Some of the required pazking is also located adjacent to wide pedestrian corridors lined with trees that add to the pedestrian ambiance of the development. Staff is supportive of the conceptual site design for this parcel and the proposed uses within the development. Building Elevations: The applicant has submitted a conceptual streetscape for the proposed development. The conceptual streetscape reflects three different buildings with similar architectural elements and accents. Each facade of the buildings show substantial glazing with brick accented pilasters and metal canopies to provide shade and sitting areas for future patrons. Another elevation details some of the architecture incorporating flat and pitched roofs into the design with building materials varying from wood lap siding and stucco with brick veneer pilasters adding articulation to the facade of the building. The largest of the three buildings still uses the same building materials but features a substantial portico scaled to the size of the building and constructed with the same materials as the building. Staff believes the massing and scale of the proposed buildings is appropriate to a development of this size. Staff is supportive of theses building elevations and building materials. PP Application: Dimensional Standards: There are no minimum setbacks, lot size, or street frontage requirements for lots in the C-C zone. The maximum building height allowed in the C-C zone is 50 feet and the maximum building size allowed without design standazd approval is 60,000 square feet. Future buildings proposed on the subject lots shall meet the minimum dimensional standards listed in UDC 11-2B-3 and #6h above. Access: The preliminary plat shows two full-access public streets into the development. The public street that runs north-south (Buckstone Avenue, located 330 feet west of Venable) provides access to Ustick Road and connectivity to the adjacent residential subdivision to the north. The public street that runs east-west (Cooper Lane) provides access to Venable Lane, aligns with the existing commercial development to the east and stubs along the western boundary for future connectivity. A revised plat has been submitted to Staff; after the applicant received ACHD comments. ACHD has conditioned the applicant to construct the northern portion of Buckstone Avenue as a 29 foot street section. However, if Lots 1-6 of the proposed plat are consolidated, the applicant will have to provide across-access easement in lieu of the public street section to connect the existing Buckstone Avenue to Cooper Lane. The revised preliminary plat still shows a 29 foot street section; however the applicant is proposing if Lots 1-3 of Block 3 and/or Lots 1-3 of Block 4 are consolidated, a public street will still be required from Venable Lane to stub to the property to the west. Further, a vehiculaz connection from the existing Buckstone Place to the north to Cooper Lane should be provided. Except for the accesses mentioned above, a note shall be placed on the final plat prohibiting direct lot access to Ustick Road and Venable Lane. Because the concept plan shows shared access points, across-access easementlagreement shall be recorded for all commercial lots within the subdivision to use the drive-aisles and said easement shall be noted on the final plat. Landscaping: The total landscape area for the site is 21 percent which is considerably more than the 10 percent open space the UDC requires for residential subdivisions of equal size. The intent Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 10 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 of this request is to create a pedestrian friendly environment and complement the surrounding residential communities. Staff fords the applicant has provided an abundance of landscaping on the site. Street Buffers: Ustick Road is designated as an arterial roadway and Venable Lane is classified as a collector. The UDC requires 25-foot wide landscape buffers adjacent to arterial roadways and a 20-foot wide buffer adjacent to collector streets (UDC Table 11-2B-3). On the landscaping plan the applicant is showing a 20 foot landscape buffer adjacent to Venable Lane and 25 foot landscape buffer along Ustick Road. Alternative Compliance: UDC Table 11-2B-3 requires a 10-foot wide landscape buffer along locaUcommercial streets. The applicant has requested alternative compliance to reduce the required 10 foot landscape buffer to 5 feet. The applicant is proposing to bring the buildings near the sidewalk and have on-street parking. The UDC required landscape buffer does not accommodate this design. In lieu of the 10-foot wide landscape buffer, the applicant has provided 5 foot perimeter landscaping with a minimum detached 5-foot wide decorative stamped concrete sidewalks adjacent to Buckstone Avenue and Cooper Lane (there are several areas where the stamped concrete sidewalk is 10 or 12-feet wide). In addition, the applicant is proposing two center medians located in the southern portion of Buckstone Avenue. The center medians are located along the southern portion of Buckstone Avenue but do not meet the minimum 8 foot width required per city code. Staff is supportive of the applicant's alternative compliance request but the applicant should revise the landscaping plan to depict a minimum eight-foot wide center median, measured inside of curbs, prior submittal for the final plat. In Lieu of the 10 foot wide landscape buffers along streets, staff supports and approves ALT-07-016 associated with the findings in Exhibit D. Existing Trees: There are 8 existing Cottonwood trees on this site. The applicant states they are to be removed during construction. Any existing tree on-site tree over 4" in caliper that are 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 has indicated on the submitted landscape plan that the trees are to be evaluated by Elroy Huff at the Meridian Parks Department, for any mitigation is that may be required. Land Use Buffers: If the subject annexation and zoning application is approved, commercially-zoned property will be adjacent to existing and proposed residential properties to the north and west. To buffer the existing and proposed residential land uses to the north and west from future commercial (C-C) uses on this site, a minimum 25-foot wide landscape buffer should be installed (UDC Table 11-2B-3). The submitted landscape plan indicates a 25-foot wide landscape buffer adjacent to the residential subdivision to the north and a 20-foot buffer along the western property boundary. The applicant is to provide an additional 5 feet of landscaping (25-feet total) to the west property and construct materials in accordance with UDC 11-3B- 9. Internal Landscaping: The submitted landscape plan shows landscaping within the parking lots. The proposed parking areas meet the current landscaping requirements. It is important to note: all internal and parking lot landscaping will be reviewed with aCUP/CZC application. 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 commercial development. Prior to the City Engineer's signature of the final plat, all existing buildings on this site shall be removed. Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 Fencing: The Applicant is not proposing/showing any new fencing on any of the submitted plans. Permanent fencing is not required. However, if permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit for this site. During the public hearing, the applicant shall verify if permanent fencing is proposed for the development. 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. Staff recommends approval of Settlers Square (AZ-07-018/PP-07-024/ALT-07-016), as presented in the Staff Report for the hearing date of December 6, 2007, subject to the Findings of Fact listed in Exhibit D and subject to the conditions of approval listed in Exhibit B. The Meridian Planning & Zoning Commission heard these items on December 20 2007. At the public hearing the Commission moved to recommend approval of the subiect AZ. PP and ALT request. 11. EXI~BIT5 A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: November 29, 2007) 3. Landscape Plan (dated: September 11, 2007) 4. Concept Plan (dated October 29, 2007) 5. Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. Ada County Highway District 8. Settler's Irrigation District 9. Central District Health C. Legal Descriptions & Exhibit Maps Settlers Squaze -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 12 ~ i { ~ $ s r". ~ ~ I f ~~ i t i ' ~, 1 S r y~y ( 4 s 7 ~ i ~ t I ~ 't G 1 ~, e y, ! Y ll! ` ! 1 l E ~' i ~, r k * ~ ' i ~ ! '~ ' '~ > i ~ ~ ~ ~ ~ ~1 ~' ~ ~ " ~ t ~ ~ r i' ' ~ ~` i i ~ R ~ ~ ~ (. ~ ~ 1 ~ t i ~ ~ t 3 ~ '~ ~ ~ ~ ~` ~ ~ f i 3 ~ a ; t i i. {: - i r I ' I + i 's .j. -i' F l ~ ~ ~ 9 F ? d f! ~ ~ i F~ 1 i ~ w ) ~ ~ I ~ ~ ~ z ~ ~ ~ ~ ~ t i ,> ~ ~ Wr 1 f r 1 ~~ i 1 a ,I 8 ; ~~ ! ! t I ~ t ~ ~ ~ ri :~ i I i ~ " r l.: r ~ i ,f J~ x ~ k '. 1 t. r S~ S ~ ! t 66j t 6 ~ ~ ~ ~ 1 r' ~ [~ ; ill ~ ~i; r F ` ' _ ~ : ~ ~ ~ ~ i '~ ~~ [ ~ _ : ~ . ~ ~ ~ ~ ~~ , ~ ~ 1 ~ ~ Y . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 D. Required Findings from Unified Development Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 ~1 y ~ ~. ~ ~~ t ~ i ~ 1 )~ ' y yry i ~ { ~ { f y y` St 1 ! 77~r r " I Y C ' ~1 ' ~ ; ~ I ',Y ~ 1 ~ ; ~ ~ y ~ ~ i s ~ ~ ~ [ ' i ~ t ` !' r I i ' ~ , ~ , . ~~ ~ ~ ~ 7 i l j t{ r~ ~ i l~ ,~ fil ? ' ` ~ ~ f ~ f ~ ~' ' ~( J ~ ~ ~ ~ ~ i ~~ J ) ~ i f S ` '~ tt ii ~.L1 ~i ~~ e k r - PAGE 13 ~. ~ ~ F ~ ,f: ~ ~ !'. • ~I' ~ rii M1 1 (~ _ ( ~' ~ ~ ~ I ~ ~ ~i e i ~, }~ i ~ ~ 7 3 , 1 I.. Z x ~ 1 ~~ 1 yl C~ !) i ~ ~. ~ % ~ S. ~ , ti - z ~' j , ~ :' a t =, ~- ~ a 3 ~~. f~ . t~~ i ~ , 4~ ~ ~ ~ ' ~' E~ 7 ~ ~; t ~ f t f ~ , ~ i ~ ~ i i , ~: 11 ~ 7 ~. ~ ~ 4 t~ Y s i ~f 21 .5 ~ ~ 1 r. .? ., _i ~i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF DECEMBER 6, 2007 Vicinity Map L-O SE T E T O M N z~~, N R A 0 R N R-4 T w .` ~' r A 0 D ,,~ --' - B DR 7- ~~~ W Subject Site UT ~~ L-O TICK Rt) -_=- C-1`J W US ICK RD C2 EST RU W R S LO r ~~ ~ RUT ~' ~ '~9 K T ~ D R ~` Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARII~ATE OF DECEMBER 6, 2007 Preliminary Plat ;Zi C~ ~ ai y ~~ ~ 4 ~ ~~~ a ~~~ s ~/] ~ a ~~ ~~9 ~ ~~ ~~ ~~4 w ~~~ Q &, ~~~ v~ ~ ~,v~ . m ~°.~.~ , 9LLN3dOitd tljN e~ tmmma ®ce aBmas • mimt m urmoo ma ~ t~ °° g~ ®~~ ~I1~6I~r I1yY~'1 m ~~ ~ WYE N1Y1111YY1W LGOOL 1e~", Bg~ Y E~i&~8 NO~WOB00 0.ffi'L1SB FIIId 9 ~ ~~~`~ ~~~ ~ihl~ ~~~ ~~$~~ ~ ~ ~ ~ ~~1~i~~~~~E~~ ~~~~~~~~~~~ ~~~~~ ~ ~ ~ ~s~l~~~~~~~~~ ~l~~~~~~~~~~i~~~~ «n• a a e ®tl 2! p tl 8 tl ppppg~gp~q 9 ~ @~ ~ ~ ~ gg~~@@ 8®~ ~ ~ ~ ~ ~ ~~ ~~ 5 e a e ~ a ;~ ~ 9 3 ~g~~6~~g~~~tl~~~1~g~ ! ~ _ ~ ~ 6 ~ ~ $ ~ a~ k~ ~ ~@~~~~~ill~iii I I ~ ~ ~ ~ E ~ ~ ~ ~ ®: ~~ ~ ~ ~ ~ ~ ~ ~i~ I~I I~e~ . ~ ®~ 9 Eg iii ~~p I ~ ~!)~® aaeOB•e •~ `~~d9~~~~9 iii ~~I IA~I~i 1 ~~~~In~~s~ ~~iv~ ~ @~ 9 Exhibit A CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARI~DATE OF DECEMBER 6, 2007 Landscaping Plan ~+ ~ asvm 6 i t ~ ~01~ wan ~.~s~ ~D~B~ ~~ c ~ ~ P) a a a:RO om d a 8 i6G ~~~ ~)~ '~~ !~~$ ~ e ]• ~ ! E ' ~ ~~00~~3 ~ ~! ~ ~ ~~ It a ~~ e~t~~ ~ p~i~~~ ~ ~ t 1 ~}~`g1 ~~~ ~~} ~~~r~x~~ 8~3 1 ! ~ ! b ! ~~dI1W *°j~ _ 4l:i. ® O 533AJ1 L{ - ,466 Exhibit A ~ ~ j ~ ~ i ~ ~ ? t `' 1 i ~ ' ~ ~ 1 ~ ~ ~ j ~; ; ( r : ~ ! ~ ! ~ t ~ ; p, ~ ` t t; ~ ~ , r t ~ ' 1 ~ ~ ~ ~ _ 3 _ C ' e ` a ~ { t ' a i ~ ' ~ t 4 ~ E j {~ i ~ x, ~ ~ u ~ i ^ ` ~ ' ~ ' ~ f ~ 6 ~ ~ ~~ ~ s t ~ F ' i ' ~ t ~ ~ ~' s r ~ ~ ~ t # ~ i ~ ~ ~ ; i ~ - r t = i '~ i~ ~ ~~ { ; F tl ~ ~ ~ I i{ ' ' g ` t 1 i1~ l ~' ~ S ~ 3 ~ Z '• ~" ~ ~ ~~ t € i~ ` f 1 t A F ~ 2 ~ ~ 4 i s ~ ~ 5 ~ ~ ~ . f 6 l` 1 ~ f a i t C'i ~ ~ i a CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEAATE OF DECEMBER 6, 2007 Concept Plan N~'.4 ` 1` _.. __ .~..._,~_`. r`. .`., ~ ~Y 1 `'~~ ~~~ J ~~~-~~...w.~ ,, ~: I I -_ ... .. f,,. T ,. _ IJ(% ~ T-~ ~ ~: . 't'~''/j ~ ~ ~~ 1 ,I' ~~ ' ti ~~ ;~ ~` ~_ !~ '~ ~,~ ~ v ,. ~ ~ i -_ _~ ~ J ~ ,~ _ _ ~m 1- ~~~ i ~~ r4 ~: ~ ~ E _~ ~ i 11 ! T I D Y w ., ~ 1_.... Exhibit A CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF DECEMBER 6, 2007 Elevations: m ~~ o® Exhibit A e _m a. N ~. ~„ N ~ ~~ /./1 m _ ~ ® t ~# ~ CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF DECEMBER 6, 2007 Exhibit A CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF DECEMBER 6, 2007 m m~ c° o mm ~ V N Q V1~ N ~ y ~ m ® ~ w m m N C O c ._ m Exhibit A K ~ ~ ~ i p ~ ~ ;~ir 1 g ~ !. ' 7 ~ ~ ~ ~ i ? j E {~ i ~ ` }! y : ~ ~ l i d ~ ~ I - 7 t ~ B k ~ ~~~ yam } y + 6 r ' ~ i ~ ~ i ~ 5 ' S _ ~ -~ ~ 5{ `~ F rc rc F ? ~ ~ ~ i ~ " ~ ~ 1 t t f t ~ t F _ ~ ~ , 1 j ! l ( r ~~ f i ~ ~ w } ~ k E ~ 7 ; ~ j f ~ ~! j i t ~ i ~ ~ r ~ i '~ ` g ~ 1 ~~ i I ~ ~ y ` Y ~ ( ~ ~ L i ~ ' % ` ~ F F a ~ t ~ 3" ~ i ~ i t Y s ~ ~ v i' ~ s a ~ ~ ~ ~ i ~ i ~ ' ~! t ~~ z ;:~ , ~ r F ~ ~ ~ ~ ~ ig ~ ~ ~ t ' + ) I _ k t ~' ~ k ~ t ' ~ ~ ~ 1 ~ { ~ ~ , j 3j {~ E != k i i ~ ~ ~ +~ '~ !~ ~~ ~ .: CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARII~ATE OF DECEMBER 6, 2007 Exhibit A m ®^ c~ o ® ati ~ u N Q V9 ~ m N N ~ L m ® V \~ 4~ {^ ~ m w o H N C ~a m CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARII~ATE OF DECEMBER 6, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION/ZONING 1.1.1 The annexation and zoning legal descriptions submitted with the application (stamped on August 7, 2007 by Robert G. Hinckley, 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 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 898-5506 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: • Development of the property shall substantially comply with the commercial elevations and the conceptual site plan submitted with the subject application (see Exhibit A), as determined by the Planning Director, including the concepts outlined below. - Pedestrian connections shall be constructed between commercial buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as proposed. - Commercial structures shall be built adjacent to roadways with on-site parking to the rear and sides of the structures; as proposed (on-street parking is approved). - Building materials (stucco and wood siding, architectural composition shingles, metal awnings and brick veneer accents), architectural elements (50 % glazing on ground level, metal awnings, brick veneer pilasters, and entry way porticos on the larger scaled buildings). - A minimum of 7 buildings with no one building exceeding 20,000 square feet. The maximum allowable non-residential square footage for this development shall be 108,000 square feet. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The Applicant shall be responsible for all costs associated with sewer and water service installation. • The following shall be the allowed uses on this property: Permitted and accessory uses within the C-C zone. All conditionally permitted uses on the subject site shall be subject to CUP review. • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit approval from the Planning Department prior to any commercial building construction on the subject property. Exhibit B CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARI ATE OF DECEMBER 6 2007 • Except for one public street access to Ustick Road, one public street access to Venable Lane, the stubbing of Cooper Lane to the west and the connection of Buckstone Avenue to the existing residential stub street to the north; no other access points shall be allowed. • Construct a 25-foot wide landscape street buffer along Ustick Road and 20-foot wide landscape buffer along Venable Lane. • Construct a minimum 25-foot wide landscape buffer between all C-C zoned property and residential uses. PRELIlVIINARY PLAT Site Specific Conditions 1.2.1 The preliminary plat prepared by Treasure Valley Engineers, dated November 29, 2007 (attached in Exhibit A), is approved, with the conditions listed herein. Any future development agreement shall also be considered conditions of the Preliminary Plat (PP-07-021). 1.2.2 Except for the full-access public streets into the development (one to Ustick Road and one to Venable Lane), access to Ustick Road and Venable Lane is prohibited. Place a note on the face of the final plat prohibiting direct lot access to Ustick Road and Venable Lane. Cooper Lane shall be stubbed to the west side of the property for future connectivity, as proposed. Buckstone Avenue from the south shall be extended into the site. 1.2.3 Across-access easement/agreement shall be recorded for all commercial lots within the subdivision. All lots within the subdivision shall have access to the public streets via drive aisles. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat granting said cross-access. 1.2.4 Prior to the City Engineer's signature on the final plat, all existing structures shall be removed. 1.2.5 The landscape plan prepazed by South Landscape Architecture, dated September 11, 2007, labeled Sheet L-1 (attached in Exhibit A), is approved with the following notes/changes: • Provide a minimum 25-foot wide landscape buffer along Ustick Road and a minimum 20-foot wide landscape buffer along Venable Lane. All landscape materials shall be installed in accordance with UDC 11-3B-9, Landscape Street Buffers. • Provide a 25-foot wide landscape buffer adjacent to the existing residential uses to the north and west of the site. All landscape material shall be installed in accordance with UDC 11-3B- 9, Landscape Buffers to Adjoining Uses, and create a barrier where the trees touch at the time of maturity. • In lieu of the 10-foot wide street buffer adjacent to Buckstone Avenue and Cooper Lane, the applicant shall construct minimum 5-foot wide street buffers, and brick/stamped concrete walkways. Further, two center medians located along the southern portion of Buckstone Avenue as shown on the concept plan shall be constructed. Said medians shall be constructed at a minimum of 8-feet in width, measured inside of curbs. See ALT-07-016. • Per UDC 11-3B-10, the Applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape azchitect, designer, or qualified nurseryman responsible for the landscape plan. All standazds of installation should apply as listed in UDC 11-3B-14. Exhibit B CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARI ATE OF DECEMBER 6, 2007 Submit revised landscape plans to the Planning Department with the submittal of the final plat application. 1.2.6 This subdivision lies within the Settlers' Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, 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. 1.2.8 All development improvements including water, sewer, fencing, landscaping and pressurized irrigation shall be installed and approved prior to obtaining Certificates of Occupancy. 1.2.9 A letter of credit or cash surety in the amount of 110% will be required for all required fencing, pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the final plat. 1.2.10 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. General Conditions 1.3.1 Sidewalks/walkways shall be installed within the subdivision and along the adjacent streets pursuant to UDC 11-3A-17. 1.3.2 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. 1.3.4 Temporary construction fencing to contain debris shall be installed around the perimeter prior to issuance of a building permit. 1.3.5 Staff's failure to cite specific ordinance provisions does not relieve the Applicant of responsibility for compliance. 1.3.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B- 7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in North Venable LN and W Woodpine St. The applicant shall install mains to 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 North Venable LN, W Ustick Rd and W Woodpine St. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Exhibit B -Page 3 E IDIAN-- ~ ~i CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, March 25, 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: ~~ I 3. Community Invocation by Pastor Burto o erts (Retired) with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: °E~u.~-9-.~~a- ~ Q 5. Consent Agenda: ~A ~~~,,,.~~~ ""I~ A. Findings of Fact and Conclusions of Law for Approval: AZ 07- 018 Request for Annexation and Zoning of 9.764 acres from RUT to C-C zone for Settler's Sauare Subdivision by Seagle Three, LLC - 870 West Ustick Road: B. Findings of Fact and Conclusions of Law for Approval: PP 07- 024 Request for a Preliminary Plat with 12 commercial building lots and 2 common lots on 9.764 acres in a proposed C-C zone for Settler's Sauare Subdivision by Seagle Three, LLC - 870 West Ustick Road: C. Findings of Fact and Conclusions of Law for Approval: AZ 07- 019 Request for Annexation and Zoning of 15.49 acres from RUT Meridian City Council Meeting Agenda -March 25, 2008 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ ~ ~j ~ ~~ ~ i ~ `! ~ i ' ~ ~ ~ ~ ~a# ~ ~ ~ t E ~ k ~ i t x Y i i ~ . ~ r ~ ~ , . I r *7 ,~ ~ ~ ~ ~ ~ ttt i . 1 ~ ~ ~ i ~ ~ ~ ! ~ .1 ~ J i {[ I ; i1 ~ c a ~ ~ Y] ! ~ E i j 1 ~ ~ CI fi S 4 1 t, ~ ~ i ," I ~ p ~i ~ 3 i ~~ ~ i i ~~ f 3 ~ Y T ( ; ~F i ~ r j }} i } .d ~ ~ ~ ~ c s I i ~ II1 J ~ ~ ~ ~ S i I i r F [ S ~' ~ f ~ F ~ d ~ y , j t . ` I ' t i i x t ; ` ~ tl i~ ; , ~ i , i , ~ e ; M ~ i s ~ i ''I ~ z : ~ ~ ~ ~ i ~ ~ ` ~ , ' ~~ ~ ~ ~ i ~ ,~ i Y S i y ! 1 ~ ~~~ i ~ ~ ~: ~' ` '~ i ~f E i a r ` ~ ~j ~ 5: ~~ s ~~ , ~ i~ f- ~ ~ I ~ x x to L-O zone for Stake House by the Church of Jesus Christ of Latter Day Saints - 5555 North Locust Grove Road: D. Water Main Easement Aareement for Gardner Ahlauist Gateway No. 1 by Meridian Medical Plaza, LLC: E. Water Main Easement Aareement for 10-Mile Christian Church: F. Chance Order No. 4 for the North Black Cat Trunk Sewer with Brown Construction, Inc. for $11,360.00: G. Chance Order No. 5 for the North Black Cat Trunk Sewer with Brown Construction. Inc. for $13,952.00: H. Task Order No. 0750 for the Sewer Main Extension at Powers Residence with Civil Survey Consultants, Inc. for $7,490.00: Task Order No. 2.6 for CEPT Pilot Test Support with CH2M 1.~, HILL for $9,973.00: '1,~ J. Approve New Beer 8~ Liauor License for Cheerleaders Sports Bar and Grill at 3541 North Eagle Road: K. Approve Beer, Wine and Liauor License Renewals: A New Vintage Wine Shop 1400 N. Eagle Rd. Kahootz Pub & Eatery LLC 16 t. ~'~ ~~~~,~.~-~ Meridian Speedway 335 E. Main St. 12a~~ Whitewater Pizza St Pasta 1510 N. Eagle Rd. The Cigarette Store Inc. 200 E. Fairview Ave. Ultra Touch Car Wash 835 E. Fairview Ave. Louie's Italian Restaurant 2500 E. Fairview Ave. Sakana 1718 S. Eagle Rd. White Water Saloon 1646 N. Meridian Rd. Rite Aid #5412 1600 Main St. Carino's Italian Grill 3551 E. Fairview Ave. WinCo Foods, LLC. 1050 S. Progress Ave. Idaho Pizza Co. 405 E. Fairview Ave. Cheerleaders Sports Bar 8~ Grill 3541 N. Eagle Rd. L. Temporary Construction Easement between City of Meridian as Grantor and ACHD as Grantee for Split Corridor Phase 1: Meridian City Council Meeting Agenda -March 25, 2008 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~' ~t t ~ ~ t ~ ~ p ~ . ~ ~ i k L 1~ 7 . f 3 '~ ~ t ~ : ~~ ' - { ~ - ~! . ~ ~ 1 3 ~' ~~ ~ a ~ ~ ~i ~ j. ,~r ~, i ~ ,, ~ k i r I ;~ ~ I $ i ~ ii {{ ~ ~ i' i i j 4 ~ - > it i ) ~~ f i ~ s ~ s -~ ~ 1 1 ~. w 1 ~r ~ ~ 3'~ ! ~ ~ ! ~' Ij nl ~ ~ ° !' s I s b~: ~ ~ ~ i 7 ~ S { S; ~ ,y 1 F r I 1 i' l ~ 1 ~ ! < < ` } ~ .{ d ( i ~ ~ ~ C S t M f ~ i ,. ~.~. r. e i j ~ ~ ~.. i e ~ ~ ; f ~ ~ ~ i F ~ t ~ A. m l , ~ ~s, ~; 4 , ~ ~ r 1 ~ ( ~ ` E S ~ ~ Y ' 1 i ~ s v ' i M 1 f S a ~ ; ~ r s 3 P ~ `~ F ~ ` ~ ~ ~ ~ 3 f y' ,,' ~ ~ ~ € 1 F c A t 6~ t ~ ~ ` I ~ ~ f I ~ ~ ~ ~ ' fi I ~~ ; 'i ~~1 j . s f s e .. F, I ~ ~c • 6. Department Reports: A. Planning Department /Legal Department 1. Discussion of the Outdoor Sales and Temporary Use Permit Ordinance: B. Legal Department 1. Approve SWAC Recommendation for funding of Trash Can Holders purchase of $2,723.00 for Western Ada Recreation District: 7. Items Moved from Consent Agenda: 5~~, vr~uv~-~ 8. Public Hearing: 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 E e Care by Dr. Dan Thieme - 125 West Cherry Lane: ~y~ ~ L~ 9. Public Hearing: MI 08-001 Request for a Miscellaneous application to modify the Development Agreement to remove the requirement for cross- access between the properties located at 125 W. Cherry Lane and 1645 W. 1 Sc Street for Mittleider by Dr. Dan Thieme -125 West Cheny Lane: ~~~~ ~ ~ Meridian City Council Meeting Agenda -March 25, 2008 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~~ ~ ~ ~ , ~ F3 ~ ~ ~ ~ F ~ ~ i ~ ' ` ~ 3 ~ 5' ~ ~ ~ 7 ~ ~ 1 ~ I ` i~ ~ '~ ! r ~ -, ~ j Z # ~ ~ i ~ ~~ ~, ~ ? ~ ! - ~ S ~ k ~ j ~ ~ ~ ~ ` ~ ~ i g 9L ; ~ ~ I y I i j 9 ~ ~ t ( -~ t ~ 3 ~ 5 y 9 . , r f f 1 ~ +I " h~ e ~ ~ ~5 ~~ ~ ~ ; 3~ 4 ~ ~ ~s 4 q' q ~ F ~ ~ PP y ~~ I I ~ ~ I ~ ~ F ~~ ~ i ^I (j ~ ~ ! ; / ~~ ~ t ~ ~ ~ w E ~ flh», re re tl:. ~ '. i E . ~~ ~ ~ ~ I ~ 3 ` ~ ~ t } i,1 11f ~ a ~ ~ v j ( t.i i l 0 , ~ e I ~ t F 1 t. 4 ' i t ` ~" 1 h~ ~ ! ~ `~ ~ t I i E f } } ~ ~ ..t 3 ,I ~ ~ ~ ~ 4 ~ t ~ ~ i f ~ L~ I S l~ l 1 ~ i _ J Y ~ ti ~ ~ ! ~ ~ ~ ~ X I ' { ~' f i ~ ~' ~ F ~ ~ i ' , k k a t ~ ' iii t ~ s i l ~ } ~ ~ ~` kF t, y ~ ~ ~ ~ ~,} ~ ~ ~~ f ,, I ~£ ~~ ~ 3= i } t ~ E ~' r ~' r. . ~i ~ t a , ~ ~ ~ b ~ ~ t ~ ff ') 1 t ~ ~ a t _ , t~ P ~~ ~' n { ~ '> ~ ~ y I i o ~ ti F { i i ~ i ~ 3 ~ 1 I j ~ ~ 2 :. { 4 k ~ ~ ~ s Meridian City Council Meeting March 25.2008 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, March 25, 2008, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, and David Zaremba. Members Absent: Charlie Rountree. Others Present: Ted Baird, Jaycee Holman, Anna Canning, Tracy Basterrechea, Ron Anderson, Kyle Radek and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Borton O Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I will call tonight's meeting to order. Thank you for the few that have joined us this evening. It's always nice seeing you, Brenda. It is Tuesday, March 25th. It's 7:00 o'clock for the record. We will start tonight's meet with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance: De Weerd: Okay. Tonight we will be led in the pledge by Ralph. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation: Bishop David Keeley. De Weerd: I know that Bishop Dave is here, but I can't remember his last name. Keeley: That's okay. De Weerd: Pardon? Keeley: That's all right. r-'-~--- ` ~ ' ~' ++~ ~ ~- ~ f i ~ ~ ~ ~ ,, E 1 a; t ,. ff 1 ~' ~ i, ~ ~ `. ~ ~. ~ { fi; ~ ' }~ i~ 4i ; ~ 1 ~` d ; ` F ~ ~' t~ a ; , ~ , ' ~ ~ ; ~ ~~ fs i. ~ ~ i ; , ~~ f r ~ i. ' ~ e ~ ' f~ ~ x' I ~ ~ s ~ .~ ~ , ~ 5'Y L ~ ~~ ~ ' S 1 '' ` ~ ' . , ~ , ? a i i x ~ ~; X r~ 3 i ~ d ~~,- ~ ~i tl .5 1 ~~ ~ ~ ': i S b ~ F~ '~, t 3 `,~ i ~ ~ ( ~ ~ ~ 1 ~ J ~~ g i t } r ~ ~ ~ ~~ ~, `i; ~ i ri ~ ~ ~ ..~ ~ Z a ~ <t ! i ~ S~ . .~ e - ~ ,f ~. i q 444 73 ~ .#f' ~~ : „ • ~ ,~ ~: ~ ~ ~ t.I 7 e '~ Meridian C' Council March 2008 Page 2 of 26 De Weerd: So, he goes by Bishop Dave. And he will lead us in the community invocation tonight. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. If you will step to the microphone. Thank you. Keeley: Our Heavenly Father, we are, indeed, grateful for this opportunity we have to meet as a City Council and as members of the Meridian City here. Father, we are grateful for thy blessings upon us and for this great land in which we live. We pray that they spirit would be given unto us that we may make appropriate and right decisions as we govern in the affairs of men here upon this earth. Wilt thou bless this town council and the Mayor that they make decisions that will benefit this community and bring greater joy, peace, and happiness to the inhabitants of Meridian here. And, Father, we again acknowledge thy hand in our lives and are grateful for it and this we do in the name of Jesus Christ, amen. De Weerd: Now, Bishop Dave, I will ask you what your name is. Keeley: David. De Weerd: Okay. What is your last name? Keeley: Keeley: De Weerd: And, see, because I just called -- kind of called you Bishop Dave when I came in here, so it kind of stuck in my mind. Keeley: That's okay. I have been called many things. De Weerd: Me, too. I wonder if they are the same. I hope not. Keeley: Probably not appropriate for -- De Weerd: I would like to present you with the City of Meridian pin that will some day soon be obsolete, because we are almost out of them, so they are coveted. You might find them on eBay some day, but we appreciate you being here tonight leading us off with the right message to set the tone for our meeting. Keeley: You're welcome. De Weerd: So thank you. Keeley: You're welcome. Thank you. Item 4: Adoption of the Agenda: E'. ~ t a . ~ J t ~ ]~' g j~ i ~ ~ ' 1{ ~ ~ ,~ s+ ~ ~ i ~ _ r ~ 1 ~ ¢ ~ ' ~ i ~ ~~ j ~ ~ 3 ~~ ' ~ t ~ i ~ j ~~ ~ R S ,; :~ { 1 4 4 ~ ~ S I ~ ~ ~ ~ ~' f ~ S ' ~ ~ ~ ~ ~' ~ ~ 1 ~ '~ ~ ~ ii ~~ i~ ~ ~ ~ ~ ~ f 1 3 ~ ~ ~ t ' t ~ f ~ 1 `~~ ,; ~ S ~ ~ ~ ' i 'z~ t ~ 1 E: ~~ t ~ y . ~ ~ c ? > ~ ~ P E ;i i ~ ~ }+ yl :F ~ ' ~ ~, j ~ ~y i I ? t ~ ~ ~ j 4 t E i `: i ~ F ~ ` ~ ~ 1 r t tl ~ 1 z ~~ ~~ ~ ~ i[, ~ y ~ ~. ~ F ~ ~ - - € d ', a 9' t ~ ~~ '.~~. ~ g ' S tr ~ ~~~ 1... I ! Q V ,~ { ~ J ~ c: I f~ ~ t ~ i ry V i- F d~ ~ y ~ t I 3 ~ s i) ~ 11 ~~ $ E t T ~. 3 S ~ i 1 ~ ~~ ~ - ~ k ~: s k ~~ . ~ ,~f ., I Y _ Meridian City Council March 008 Page 3 of 26 De Weerd: Thank you. Bishop Keeley. Thank you. Okay. Item 4 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Let's see. When we get to the Consent Agenda I will ask that items J and K be moved to Item 7 and I understand that both Item 8 and Item 9 need to be continued to April 1st for failure to post. With that I move we adopt the agenda as modified. Bird: Second. De Weerd: Okay. I have a motion and a second to adopt the agenda as approved. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. I don't have whatever you just read off of, so I don't -- Anna, did you give a report tonight, which I don't have in front of me? Holman: Madam Mayor, I put one in front of everybody's station. De Weerd: -Thank you. Canning: Madam Mayor, Members of the. Council, I did not provide meeting notes tonight, because there is jusf the temporary use and I have it all on the slide show. Item 5: Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 07- 018 Request for Annexation and Zoning of 9.764 acres from RUT to C-C zone for Settler's Square Subdivision by Seagle Three, LLC - 870 West Ustick Road: B. Findings of Fact and Conclusions of Law for Approval: PP 07- 024 Request for a Preliminary Plat with 12 commercial building lots and 2 common lots on 9.764 acres in a proposed C-C zone for Settler's Square Subdivision by Seagle Three, LLC - 870 West Ustick Road: C. Findings of Fact and Conclusions of Law for Approval: AZ 07- 019 Request for Annexation and Zoning of 15.49 acres from RUT 4 ~ iE 3 i E ii ij I t ( 5 ~ j ii ~ ~ s ~ ~ ~ ~ i , i ~ ~ } ~ +~ k ~ ~ ~ 4 ~ ~~ 5 ~ ~ ~ ~~ ~ ~ ~ ~ ~~ ~ :, ~ i, - ~ c f r . r 3 ~ 1 ` ~ ~; E ; C I ~~ i S i 1 ' ~ ~ ~ r r 1 ~ { x ~ ~ ;! j r ~ r ~ ~ ~ i 'i ~ ~' ~ i + i~ ~ ~~ F „~ S ~ `~ { 1 ~ ~~q ~ '. ~ f 1 ~ f C i ~~ N ~ ~'I ~ ,al' i ~ i ( p f ~ ~ L .~ ~~ j~ ~ l ~ ~ ~ ~,~ ~ ~ 3 ~ E' i ~ ~ ~ ! i~ ~ ~ ~ ~ , x 3 is f n ~' { s~ i S P ~ 3 ~ 3 ~ ry ~ '# ? 3 i ~ s s ~ ~ ~s ~ ~ i ~ f' ! i e r ~ ~' ~ ~' t ? ~~ ~ ~ i r i ~ Meridian Ci Council March , 2008 Page 4 of 26 to L-O zone for Stake House by the Church of Jesus Christ of Latter Day Saints - 5555 North Locust Grove Road: D. Water Main Easement Agreement for Gardner Ahlguist Gateway No. 1 by Meridian Medical Plaza, LLC: E. Water Main Easement Agreement for 10-Mile Christian Church: F. Change Order No. 4 for the North Black Cat Trunk Sewer with Brown Construction, Inc. for $11,360.00: G. Change Order No. 5 for the North Black Cat Trunk Sewer with Brown Construction. Inc. for $13,952.00: H. Task Order No. 0750 for the Sewer Main Extension at Powers Residence with Civil Survey Consultants, Inc. for $7,490.00: I. Task Order No. 2.6 for CEPT Pilot Test Support with CH2M HILL for $9,973.00: L. Temporary Construction Easement between City of Meridian as Grantor and ACRD as Grantee for Split Corridor Phase 1: De Weerd: Well, thank you. Okay. Item No. 5 is the Consent Agenda. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: With a request to remove Items J and K from the Consent Agenda and put them onto Item 7, I hereby move that we adopt the rest of the Consent Agenda and for the Mayor to sign and the clerk to attest. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: .. e~ t ~+]j i i ~ ~ ~' ~i 1 V ~ ` ,_ ! ~ 1 ~ Q ~ ] ^ ~~ ~ ~ ~ L ~ . ~ ~ j ~ ~ I ~ 1 F ' ~ ~ ~ r ~ ~ t I ' e !'J ° ~ $ 4 ~ ~ s a ~ ~ ! S fi 1 ~ ! t ~ t ~ ~ ~ ~ ~ ~ { i ~ 6. ~ , 2 6 ~ N ~ ~ ~ £ i i ~ i d i ~ ~ f ~ S' }` k ~ 3 € } $ ~ ~~ S ~ ~~ P L 3 i .~ y f ~ 1 p r r ~~ !~ ~ ~ S it . 1 ~ ~ i ~~ ~ i~' ~ ~ q `. ~ ~~ $ ' y i , ( ` ~ ~ ~ l ~ 1i ~ ~ ~ , ~ ~ ~ ~ j ~ ~ ~ j S Z Z ~ ~~ j 4 X ~ ~ [ ~ f i p 1 5 ~ i } ~ S SS ~ l ~ 1 ` 'R: S 7 ~. ~ ~ t i ~ ~ ~ ~ 3 ~ ~ ~ ~ i ~ ~ i ~! , l ~ ~ ~ I t ~ E c ~ ~ ~' I ~ a , Meridian City Council March 22008 Page 5 of 26 A. Planning Department /Legal Department 1. Discussion of the Outdoor Sales and Temporary Use Permit Ordinance: De Weerd: Okay. Item No. 6 under Department Reports, we will start with the Planning Department with the discussion of the outdoor sales and temporary use permit ordinance. Canning: Madam Mayor, Members of the Council, this is the second discussion you have had regarding this. We have not yet had a Public Hearing. I believe the first Public Hearing is scheduled for April 1st. We wanted to give you an update of where we were and the work we have done within the last couple weeks. I apologize that I wasn't able to make the last one, because I was sick and Emily wanted to apologize for not making this one, but eventually we will both show up to help explain any questions related to this matter. I had the clerk make a copy of a draft that Mrs. Kane forwarded to me today that has some changes based on the previous conversation you had. So, if you look at like page two of that draft, you will notice that under First Amendment activity there is a new -- or a last sentence that says this definition shall not include activity that damages, harms, or injures persons or property and, then, that was added per Councilmember Zaremba's request on the March 11th, '08, hearing. So, you will see comments as we go through those. I wasn't going to spend any significant time on those, but if you have concerns about how Mrs. Kane has addressed a previous issue you raised, you can send something to either her or I and we will make sure we address it correctly. Are there any questions with regard to the general edits from the previous draft? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Anna, not a question, but a comment, a thank you to have the side notes with who the comment comes from and what it was for. Very helpful. Canning: And, actually, yeah, Emily did that for me, since I wasn't at the last one, I didn't know what exactly had gone on, but I will relay to that Mrs. Kane, that those were helpful in general. And they are also based on not only your discussion, but I met with Teri Sackman and we came up with some changes as well, So, when you see the -- that kind of comment added per Teri Sackman input, that was the discussion that Mrs. Sackman and I had and, then, I relayed those to Mrs. Kane. So, we have addressed a number of issues. I think there are. still a few things that we want to make sure we are on the right track and a few things that perhaps I have labeled them outstanding issues, but I think we just need more input from Council on a few items. First of all, let me go through a couple things. I think at your March 11th meeting Councilmember Rountree ,~ 5 ' ! t i i ^ ~ j ~ ' ~ I j ~ ~ ! ~F ~ i j . :.~ ~' 4 1 ii #} y f r '.d ~ ~ k g I ~ ~~ c 1 1 ri ~ j ; j ~• E j ~i s i i t 1 e ! 3 € ` ,~ ; i, ~ r .~ ~ ~, Ill i ~~ i ~ ~ ~ I ~ r { ~ ~l ~ 1 i ! 'a I 6 ~ ~ ' i~ i ~ ' k ~ '. 1 RR o ~ ~ , ~ yg i 2 E 1 ~ it ~ ~ !j ~' g ~ i ~ - ~ F 1 '~ ~ ~ ` p ' ~` "~- l~ i ~ ~ ~ ~ r i ~ ~ i' z i ~ lJ ~j l f ~ " d; ~ i ~ - ! yy A ~ ~. ~ i ~. s ii ( 3 a !( C ~ ~ ~~ ~ ( ! ~ iik , s I I ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~' ~ ~~. ~ ~ t ~ '- ~ ~. i- - . r ~ `. it ' ~ ~I '} ~,~: ~ ~ r : i Meridian City Council March 2008 Page 6 of 26 asked that the square footage limitation be removed from real estate sales office. There is a 700 square foot limitation. And Mrs. Kane didn't understand some of the background history of that one. She was concerned about removing it. I assured her that there is really no concern and we can go ahead and remove that square footage and so we will -- that is not in the draft that's before you, but she will make that change quickly. The next draft won't have that square footage limitation. Now, with regard to the parks permit, this was kind of a big change. The original idea was to still have parks permit do -- the parks department do the permitting for events that were only in the park. A lot of events are in the park and also on the Dairy board side or also in the street or -- but there are some that are only in the parks. So, originally, we thought that the parks department would just do those. Unfortunately -- well -- and, then, the idea was, basically, to take whatever we came up with for Title 3 for special events and replicate that for the parks department and, then, they could implement that through their office. But they aren't -- it didn't address the need or the -- for sign regulations. So, that was unfortunate. So, that we didn't see how we could regulate signs through the parks department. So, we pulled it all back and we wrapped it up in the temporary use permit again. So, there may be ones which are going to the parks -- you still got to go to the parks and they are going to make the first call on whether or not you exceed what they can allow just by themselves. So, you know, if it's grandma's 80th birthday party in the park, they can make the call, you know, that's not a special event, that's just a birthday party. But if it's -- if it's something that really meets the threshold of special event -- and we will do some training with the parks department to make sure that we are all on board with our definitions, but -- so, they will make the call and, then, they will send them to us if it needs to be an outdoor market or special event, they will send it our way. So, we have modified the chart and none of the lines show up now. There were lines -- the columns were showing up earlier, I don't know why they are -- they are rather ethereal. But this is that decision tree that I think you saw last time. Apparently had some -- some irreverent employee head skull and cross bones on there that were asked to be removed. They are gone now. They are red instead. But, basically, we have taken the parks department out of this one and made some modifications with regard to that. It's probably not large enough to see, it is? And Idon't -- and this one's really fuzzy. Did Mrs. Kane go through this in much detail? Do you want to go through this in much detail? This is not something we are looking to codify, this just helps us make decisions as to what kind of temporary uses are -- we were excited about this in our nerdy kind of way, because it gave us some way to finally structure and think about temporary uses. So, it was very helpful for us in kind of just getting our arms around this concept of temporary uses. And so the first question -- I will go ahead and read it for you. Are you traveling -- or are you a traveling or door-to-door salesman. If the answer is yes, then, you come down to this blue square and -- purple square and it says you're a mobile sales unit and you need a mobile sales unit license. So, that's very straight forward. If the answer is no, then, you have to go on and ask additional questions. Are these selling fireworks? If the answer is yes, then, you need a temporary fireworks stand for anon-aerial common fireworks permit. Okay. If you answer no to the fireworks, are you closing a public street? If the answer is yes, you go Meridian City Council March x"2008 Page 7 of 26 through the citizen use permit process. And, then, this is an interesting one. Are you only on a public street? If the answer is yes, you're done. That's all you need. If the answer is no, you still got to work your way through the entire thing. Now, this is important because this gets to a streamlining question I'll ask you later. So, the next question: Are you or does your use include a temporary vendor or vendors or entertainment? If the answer is yes, are you on vacant or undeveloped property. This, again, is an important question. If the answer is, yes, you're on undeveloped property; we are saying you're a prohibited use. I know that this is kind of an outstanding issue. I'll talk about this in a moment. No -- if you answer no, so you're on developed property, are you on property you own, lease, or lawfully possess? Yes. Are you a resident? If so, then, it's just a garage sale and that's all you need to know. You don't need to get a permit. If you're not in a residence -- De Weerd: Why didn't you just ask if you were a garage sale first off? Canning: That would be too easy. If -- if you're not in a residence, then, are you a promotional sales -- then you're a promotional unit or you're model homes or a real estate sales office and those do require a temporary use permit. So, that's that chain there. Going back over, if you answered that, no, you're not on property you possess, then, are you a single vendor and not located within a city park? If the answer is yes, then, it's a temporary sales unit and you need a temporary use permit. I wanted to take the opportunity to explain the difference between temporary sales unit and promotional sales unit. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Anna, can I -- real quick interruption. Can you -- what is the definition of developed property for use in this? Canning: I think that what it says in the code is that the landscape buffers need to be in and the site needs to be developed with at least the landscape buffers and we are looking for some dustless material that's not -- so, we are not on a dirt lot, basically. Borton: Madam Mayor? Would it make sense to include that definition in the definition portion of this? Canning: It is. Borton: It is? Canning: We added -- we changed the definition of dustless before it was concrete or asphaltic concrete and we expanded it so that it was the same as the definition in the • Meridian City Council March 2~; 2D"08 Page 8 of 26 UDC. And we will come back to dustless, because that's a big outstanding issue. If I could just get through the decision tree for a second and, then, we will come back. Borton: Okay. Canning: I wanted to explain the difference between temporary sales and promotional sales, because there is a big difference in what we allow. Because these are promotional sales units, you have got an established business that just wants to have a promotional sale like Joe's big tent sale; the allowances for the square footage are significantly greater than they are for the temporary sales. So, if you're a fruit stand coming in that wants to set up on a piece of property that has made no investment in the community, other than to bring your fruit trailer there, you don't have the .same allowances as a business that's come in, invested in developing a piece of property, paying property taxes, generating sale tax revenue, that kind of stuff. So, the allowances for the promotional sales are significantly different. And one of the guiding principles in developing this -- and this was what I felt was the direction of Council when I first started hearing about temporary uses, it would have been close to five years ago, so -- but we tried to put the emphasis on those businesses that have contributed to the community, that have put an investment in the community. So, again, you know, that -- that was part of the vacant land, too, was that, you know, those folks haven't made an investment in the community yet; it's just a raw piece of dirt. They haven't gone to the length to develop the property that we require of others, so we didn't want to give temporary uses on that piece of property unfair advantage over the existing businesses. So, that was always kind of the guiding principle in these temporary uses. And then -- okay. So, if you're not a single vendor, are you primarily a group of multiple vendors that makes you an outdoor market. Now, this one was important because we had a -- we wanted to limit the number of days for temporary uses, but every time we put a limit on the number of days, if you have a standing farmer's market that's out there every day of the year or even every day of the summer, they exceed those number of days. So, we wanted to be able to allow that out -- that outdoor market that occurs once a week on a recurring basis. Now, it's just once a week, though. We didn't make provisions for three days a week, because that gets to be more than an outdoor market. I don't know what that is, but it's way more than an outdoor market. So, the outdoor market is just for one day a week, so that we can get the proper number of days for them throughout the year. If you're going to do more than one day a week, basically, you have to stick with the special event stuff, so that's the final question. Do you meet the definition of a special event and that definition is in there. If not, then, you're a prohibited use. So, I don't know if Emily had gone through that in detail. I thought it was important that you understand some of the -- some of the thinking that went on behind the actual standards and codes. Okay. I'm going to go back up to what I think are the outstanding issues and ask for your comments with regard to these. First one on the list, unimproved surfaces. Now, we did go back and make sure that the temporary use section had the same definition for surface restrictions that the UDC did. So, we opened that up. The -- again, the idea was to acknowledge the businesses that have made a commitment to Meridian City Council March 24, 2008 Page 9 of 26 the city. Now, the exception on this one, which I haven't figured out exactly how to deal with or that -- that comes about is the speedway, unfortunately. Now, the speedway and the dairy property have been ahuge -- have had a huge commitment to this community over the years and I know that. But I also know that they have got some dirt surfaces out there. So, we pulled back the discussion to the driving surfaces. I would rather find a way to make an exception for that property, rather than have it guide all the standards, if that makes sense. So, I'm hoping for some direction from Council on that one. Again, Ijust -- there are -- there are some properties that have a regular string of temporary uses that have no improvements to them, that just create a dust storm, five -- you know, every time the wind picks up in the summer it just blows off those properties and creates a real air quality problem. So, I'm trying to get to those issues, as well as the equity issues about folks that have made a commitment to the community versus those that haven't. So, I will take what direction Council wants, but I just wanted you to understand the thinking that went behind them. With regard to the streamline permitting, we were hoping to get a one stop shop. We never figured out how to get the citizen's use permit into the one stop -- you know, we -- it, basically, becomes either the planning department takes on everything or the clerks take on everything. Clerks didn't feel comfortable taking on the temporary use permit stuff. Planning department didn't feel comfortable taking on the citizen's use permi# stuff. So, we have still got two agencies doing stuff. If that's a concern for Council. At this point we thought we'd just take it to you and tell you what we came up with as our best shot. If we need to do something else, just let us know. But, again, that shows up in that -- that decision tree, you have got the ones that the clerk's office does and, then, the ones that the planning department does. But sometimes you -- you require both a citizen's use permit and the temporary use permit. Okay. And Ms. Backman is not here. There are some examples that come up that -- that we wanted you to be aware of that -- what we are going to require of them and just get your thoughts on -- on -- on how you feel about those restrictions that we are putting on those activities. Again, these temporary events are so different and they are so hard to get your arm around and some of them seems like we are overkill as far as what we need to do, but if we lump them all together, according to that decision tree, this is what happens. On the three day outdoor market every week couldn't really occur. You wouldn't -- it would have -- it would be a special event and you wouldn't have enough days -- you only get 14 days. So, you could only do it for a month -- month and a week. You couldn't do it all summer long. If they did it two days a week, then, you're talking seven weeks. If they do it -- if they drop it back down to one day a week, they can do it all year long. So, again, those are the kind of situations that we are looking at for -- as far as like a farmer's market. The events at schools not related to the students -- the change that we made in the Unified Development Code or -- was to say that activities at a school that are related to their curricular or extracurricular activities are an accessory use. But if the school wants to rent out their facility to an art show, then, that -- that become a temporary use. If they want to rent it out to the symphony, that becomes a temporary use. So, those -- those kinds of issues are coming up with regard to the school. Because it's not really extracurricular. I looked • e Meridian City Council March x£008 Page 10 of 26 up the definition of extracumcular and it says it has to be students, so -- now, if it's students selling art -- Zaremba: Madam Mayor? Canning: -- that's fine. If it's student -- a student symphony, that's fine. These are just the weird things that come up. So, I'm trying to -- these are the ones we haven't figured out how to solve. De Weerd: So, Anna, you're saying that they would need to get a permit? Why? Canning: Well, it's not -- it's not an accessory use, because it's not curricular or extracurricular. De Weerd: Have we been requiring that? Canning: We have for -- they had an art sale that they put out a bunch of signs and we tagged them on the signs. We can still make a change to the UDC. You haven't adopted the findings yet for the ordinance. You just acted on it. I can ask you to reconsider and we can open up that hearing again for the UDC changes, and that would be the place where we'd need to have more discussion about perhaps opening it up to community activities at the -- at the schools. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anna, is -- has the Meridian symphony been getting a temporary permit? Canning: No. Bird: And we are going to ask them to? Canning: Well, I'm in favor of going back to the UDC. That's why I'm raising it tonight, because I think that community events at the school I think are a very reasonable exception. It's just we changed it to say curricular and extracumcular and we didn't realize -- we weren't thinking about all the other activities that happen there. Bird: Well, if we -- Zaremba: Madam Mayor? Bird: Madam Mayor, follow up. I'm afraid if we -- if we get stuff like that going, they will be going back to Eagle to -- for their performances, like they started out doing. Groups I ~ ~ <~ ~ j ,~ '~ ~ ~ ' ~ s K 1 A! :~i ~~ i' ~ ~ 1:. t ~ ~ ~ r y~` ~ i . se k ! ~a ~ : kl j ~~ ~ i t 1 a ~ '- ~ p i ~ f ~ ` ~ ~ t ~ ~' ~ ~ C '~ ! ~ ~ rj 4 a ~ 4j ~ P N =i ~ 4 I ; ~~. ~ ~ t ~ ~ - I ! d ~ ~ ~ I ., ~f i l 4 ;> t c ~ i . ~ 7' v i F ! ~ a: ~ ~ . E d ' e ~ ~ ~ a~ ' ~ ~ y ii ~ ~ i ~, F , t ( ~ j ~ ! i i i. ~ ~ ~ ~ 4 ~ ~ ~ t ~ n i SI pn ~ yy t r . r ~ ~ ~ + 11 ` 5 t ~ ~ f ~~ 1 I I ~'~ t p I ~ ~ r. ~ G ~ ~ ~ .. (' ~ ~ ~ k ~ ~ ~] ~ e ~ s I i ~ E ~ f ` y i ~ ~. F r ~ ~ . ~. ~ ~: ; ~ f ~.;~. ~:~. ~ is #: i la fl I _ :. ~. ~ ~~~. ~. ~ ci. ~ _,> RYd I. ~.' i '~ c ~ i i... ~.. • a Meridian City Council March X1008 Page 11 of 26 will be leaving us. So, I think we need to really think on this matter. I'm glad you brought it up, Anna, because it's something that we really, really need to think about. And art shows and stuff like that, I -- I don't know, I just have a real hard problem, unless it's -- I don't know. Have to think about it. De Weerd: Mr. Zaremba. Zaremba: Thank you. Actually, two thoughts. Adding to the list would be our parks department regularly uses school property for -- I wouldn't call them events, but repetitive classes and stuff like that and, then, also the Chamber of Commerce does. Canning: The city events would be exempt, but we can look at -- Zaremba: The second thought was -- I would assume that the school district itself would have some sort of -- I don't know what the word is -- a vetting process or something that they are not going to let just any event happen on their school property - - you're shaking your head no. They -- they don't put them through some kind of a test to see whether they are okay or not? Canning: It's a fee basis. It's available for a fee. Zaremba: Okay. Canning: That's the concern because there is some strictly retail uses that go in and perhaps we can write them out. That was the concern was not having -- or having a higher -- the concern was that we felt it was appropriate to have a higher standard for the strictly retail uses that were occurring within -- when the school rents their facilities. De Weerd: So, a for profit would be permitted and -- a need for a permit, where a nonprofit, which would be more community. It wouldn't be? Canning: Generally -- the attorneys don't like us to just -- too judge based on profit versus nonprofit, so I think we would be safer with retail versus nonretail, because that's -- De Weerd: That's a problem with attorneys. Bird: Madam Mayor? Anna, I got a question, then. If we -- if we put on a youth basketball program at the middle school and we do charge and it is for profit, because all the profit goes back to the school sports, but it isn't -- it isn't sanctioned by the school, would we have to get a temporary use permit? Canning: Madam Mayor, Members of the Council, I believe the answer would be no, because that falls within how I would interpret the definition of extracurricular. If it i ~ i~ ~i ~ . ~ N~ ~ z ". ; ~ 1~ ~ ~ a. ~.~ I ~ a 1 ; , +~ , ! 1 t 7 i 1 ~ ~ I II C ' ~ ~ 7;7 ~~ ~~ a s 7~ ! ~ ~ ' I ~ ~ ~ ~ _ s ~ ~~ 1 .1 ! ~ I ~ ~ ~ ! ~ ~ ~ qy ,, ~ y~ 1 i` { it ! C E f ~ { I S d 1 R ,. ~ (~ 4 ' 1 ' II ~ ~ i ~ ~ ~ F - S ~ ~ 1 ~ ~ I 5~ r i b ~ ~ ~ ~ i I ~ '~ ~ ~_' 1 _hi . ! i ~ ~ ..~ i y ~ ~ ~ 777 i ~ i L4 ~ i ~ i { F 4 '~ , ~ , ~ j ~ ~ ! ' i i E ~ ;~ ~ ~ `~ i, , _ ~ ~ o ` ~ ~ ~ ~ ~~ E ~ F s ~ x ~ ~ _ ~ i ~ 7~ 4 ~ ~ Y i c ~ ~ 3~ ~ ~' ~ 1 Meridian Ci Council March , 2008 Page 12 of 26 involves students, it would extracumcular. It's just when students aren't involved that it kind of becomes a problem. But I will take your concerns, we will figure this out. I do have a question perhaps for Mr. Baird. Do I have. to formally request reconsideration or can -- would this serve as them granting reconsideration and we could just notice it for another agenda? Baird: Madam Mayor? De Weerd: Yes. Baird: If I could answer that question, because the findings have not been finalized, I think if you notice it up you don't have to go through the formal request for reconsideration like you do on an application. So, you can save yourself a step there. I don't think anybody's going to find any sort of error if you streamline it that way. Canning: So, then, if the clerks could just find us another date for that hearing. Okay. Borton: Madam Mayor? Anna, does this change the -- the need for the April 1st Public Hearing on this? You need to get through that decision before we go further on this? Canning: Well, normally three hearings -- normally you would conduct three hearing on this. So, the first one would be April 1st. Councilmember Bird discussed briefly with me beforehand if we might just want to have one hearing. We might end up having two if we need to go back and amend the UDC. Borton: Madam Mayor? De Weerd: Yes. Gorton: Also, the notes show that -- the side comments that Steve Siddoway will not have a chance until April 2nd to review and comment. So, it sounds like we are adding two -- or a real good chance we are having two. Canning: And, Madam Mayor, Members of the Council, we did run it by other folks in the parks department. We don't anticipate much opposition from the parks department. But it would be nice to have his comments, so -- Ms. Backman is expecting more than one hearing. I'll tell you I think we told her there would be three, so -- I'm song. Bird: That's okay. Canning: We would like to get this wrapped up as well. So, I will -- we will work on that -- events occurring in schools and, then -- you know, the odd fundraising event will -- depending on the fundraising event it will show up different places. If it's a garage sale being held at a bank as a fundraiser, it may end up as a temporary sales or special ~ ~ f~ X ~ ~~ ~ 3' ~ ~! ~` t ~' r i i ~~' 7 E 5 !~ 3 . ~~ ~ f k ~ ~ ~ ~ i 1 t 4 ~ d i ~ F _ ~ ~ ~ ~ `~ ~ ~ 4 ~ .~ f ' i i ~ 1 ' s it ~ ~ .~ ~ i ~ .~ ~ e is t ~ ! 11 ~ i e ~ ~`. ~ ~I ~ ' ~. ~ ~ pp) F t ~ ~ ~ i S ~ a Z G {~ E' i ~, S ~ 1 i i ~ )) 'q i i 1 {t t 1 y i ~ d F i i J { r t r 7 i ~ ', ~ i ., ~;~ _ ~ 4 ~ ~ ~ ~ ~ ~ ~ ~ ~, ~ ' i l L ~ Fp ~ ~ ` ~ I 9 1 ~ p t ~ ~- 3E ~ ,~'. 1{ t1i I~ Y k ~ '~ ~. a 7 ~ - .1 I~ t "p - ~? f L ~ l .7 ' . t ' ( . S ~ ~ . i ~ ~ ~ ~ !.. ~ ~ fff i i i ~ ~ 4 ~ ~~ } t _;~ ~ '~1 ~ p h i i I C r ~ '11 , ~ ~ ~ ^! t J ~ ~ f E i t ~ ~ yy 1 ~ ~ 1 { i~ ? ~ ~ ~ ~ 1 1 ~ x ~t G. t rx 8 i . ' ~ i g ~ i 1 ~ 1 1.. ; ~~ ; ~ l i Y , 1 _. ~ ~ F I 7 ; ~ ~ i f Meridian ~C'.ty Council March 2~, 2008 Page 13 of 26 event. If it's, you know, a car wash at a place that normally does car washes, it won't be any -- it will just -- won't be anything, so -- I mean there are some possibilities-that the strict application of this will require some odd things. You know, we are not going to be out there looking to nail people because they are having a car wash, but, you know, I just want you to know that there are a whole realm of temporary uses that are really difficult to classify or to make go away just because they are minor. But we did our best. That's all. Zaremba: Madam Mayor? Can there be a category called other? Canning: Yeah. De Weerd: Just like miscellaneous. Zaremba: Yeah. Miscellaneous. Bird: That's what we do in budgets, put miscellaneous. Canning: Well -- and what we do is -- we have considered that. The problem is where it really should be a prohibited use, then; somebody comes in and says, well, I just want to do it for a year. I'm going to call it a temporary use. Well, it still should be a prohibited use, really. I mean -- and we have -- we have really done our best to try and make these work for folks. It may not be perfect, but it's way better than what we have got right now, so -- maybe we'll be able to fine tune it in the future. The sign provisions, we gave folks a ton of signs for these temporary uses. The thought was we will give them as many signs as they want, as long as they are gone in two days, then, it doesn't matter. But if you need 200 signs, you can have 200~signs. But they better be gone the day after the event is over. So, we have really tried to make them work for folks for a wide variety of really weird things and, you know, we have done our best. That's all I can say. De Weerd: Two hundred signs in one place? Canning: Well, if it's a special event -- that's for special events. So, that would be -- you're talking about the whole city for Dairy Days. You're talking about the whole city for -- De Weerd: Oh. Not on one piece of property. Canning: No. It would be for special events, which are generally larger, so -- you know, you could have one property asking for 200 signs. We don't think they will, but Dairy Days -- ~. 1 ~ ~ ~ I ~ ':' ii 3 ~ g a~ f I ~ 3 ~ (~ i [R r ~ { ~ i ~ ~ , ' '~ f a ~ .o ~ ~ ,~ ,~ z ~ ~' ~ ~ ~ i .'f Y 1 ~ i ' ~ l l~ t - h yy ~ i t f~ ~ i y _ ~ I( it j ~ ' ~ ~ t ~ ~ ~ p ~ ~(~ ! , ~ iy C i , e u ~ I t, ~ i i i I ,f f F s- r ~~. t y i• #, i ~ r 8 i ~ i. t I~ ~ ~j [ ! ~ i' ~ ~ j ~ 3. ,. f ~ ~ t ~ ¢ ~ 1, ~ 6S ~ - s.~ . ~ ~~ 5I ~ ; ~ ~ ! 1 ; ~ ~~ ~ I ~ t ~ ~.~ ~ ~ ~ i - 77 ~ ` 77 i : d ~ o t ~e it ~ Z ~ ` ~ L ~ i~ ~~ t ~ ~ ~ ~ - ~ ~ ~I kr t ~ ~?~ ~ '{ ti ~ i ~ r a ~ ' t~ j ~ , ~ e Meridian City Council March 7`2008 Page 14 of 26 De Weerd: Well, we have seen it -- we have seen it. They are called political and they are awful. Canning: Yeah. De Weerd: So -- Canning: And we -- we purposely left them quite large, because we needed to accommodate things like Parade of Homes, Dairy Days, the Scarecrow Festival, but it may prove that we need to scale those back over time and we will -- we don't think this is set in stone, but we thought we would give those signs a try. De Weerd: Okay. Canning: I think I have gotten comments on the school stuff and some of the other little stuff, the fundraising, maybe, but if I could comment on the surfaces and the streamline permitting, that would be helpful, and we will bring this back to you April 1st. Or any other comments that Council may want to throw our way -- my way. De Weerd: Well, on the unimproved surfaces, when -- I think it was in early 2000, they were looking at nonconformance to air quality with PM-10 and the commitment was made by the city and Ada County Highway District on unimproved surfaces to minimize use and that sort of thing. So, consistent with that we would want some kind of improved surface and what that means I don't know. But it means. dustless. And I guess we should walk what we talk, so you need to -- need to do something there. Canning: The way it's set up now, we -- for driving surfaces -- it originally was all surfaces, but I think we have scaled it back to driving surfaces have to be a dustless material and I can work with the parks department and the Dairy board for alternative compliance on those portions of their property. Hopefully, we can get the parks department to get an oil that they can spray on the driving surfaces to keep that dust down. It's not really an oil. I call it that. But it's some special solution that is environmentally friendly and dustless and .doesn't hurt the ground water. So, we can work with them on that. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I would -- in the section where it references that, if there is such a thing that has a name, it probably should be included as well. Canning: Okay. ~~ ' ~ a '} I ~ i ? ' ~ ~~ i } tf ;j ~ . ' ; 1 } ? ~ ~ s ,~i ; ~ I ~ ~ ~ ~ ~~ ~ + s I ~ I ~ ~ li . ~ ~ ~ ~ 1 i ~. , ~ ~ ~ s g ` 1 ~:~ ` ~i t r n~ _ ~ ~ 1 ~ ~ ~. 4 E t ~ F t' i t 1 ~< < } ' ' { , i ~ i t ~ ~, y` i {j C~` y 3( t ~ { ~ { y ' 4j} 9' ( ~ ~! k 7 t S f t ~' f r ' J ~~ ~ ~ ? ~, ~ t a~. ~ 6: - 1 I y t t ` I t + 1 a I I a `~ 4 ~ ~ + 9 1 } ~ ~ ~ ., ~ 4 ~ ~ ~ i ~ i { • Meridian Cit Council March 2~, 2008 Page 15 of 26 Zaremba: As an option. I was the one that brought it up at the last meeting and what I was doing was making adistinction -- it originally said pedestrians and vehicles all had to be on dustless surfaces. Well, actually, it said they had to be on paved surfaces. That was the only option. And it really was a question, whether or not we really needed to say that for pedestrians. I like the Mayor, I feel it's important to air quality and other things that are also in the UDC, that vehicles must be on a dustless surface, but I'm not so concerned that that means paved. There are other options for dustless surfaces. So, I think all those options should be listed and it appears that we just automatically took out the pedestrian. So, I really meant it as a question, not as that's the way it needs to change, but -- Canning: Well, Madam Mayor, Members of the Council, if you do want it all surfaces versus driving surfaces -- Zaremba: I'm happy with just driving surfaces. Canning: Driving surfaces. Okay. Zaremba: So, I don't think we need to -- De Weerd: No. Canning: With regard to listing the spray product, whatever it is, the -- again, back to that principle that we are trying to use these to -- we are trying to limit the activity on properties that haven't made an investment in the community. Opening up the solution -- spraying the solution to everyone goes counter to that thought. Again, I was hoping to use some altemative compliance for the speedway, rather than having it listed within the code. Now, that may or may not have been appropriate to say, but -- I mean that is -- it was a guiding principle behind this, was to -- to not really let a whole lot of temporary uses on vacant properties. Zaremba: All right. I can agree with that. That's agood -- a good principle. And I would think the Chamber of Commerce would also appreciate that. It protects the businesses that are here from fly-by-night operations, I suppose you could call it. So, I can see that part of it. Absolutely. Canning: And I did discuss this issue with Ms. Backman. I think she was comfortable with the idea of an altemative compliance for the Diary board's property, recognizing that they use that on a regular basis. Zaremba: Thank you. De Weerd: And that would pertain only to special events beyond the normal functioning of the speedway; correct? i ' ~~ ~ 5 ~ L i ~ t ~ I r ~ a ~ it ° € ! T~ ? ~ ( ~~ ~ ~ ~ , i ~ i i 1 A t t r(i I , ~ I f t ~ f ~ ~ 1 s S ~; ~ ~ ' ,}7 t j ~ t r ~~ i 1 t. H 1 ~ ~i ~ ~ l ~ + ~, 1 ~ „ 1 , 1 ~ 1 j ' I s fi y S Si t ~~ ~i ~ ~ H' i- h i ~ Tj .~ . i , q - ; ~y. F 7 f ~ r. ~ ~. ~ ~ ~ ! ~ t ~ ~ ~ ! r rr r [~ 4 'i ~ ~ I ~ a i ,' i ~ ~~ i ~ i + ~ ' ~ ~. ~ i ~ ~~ ~ t ~ r i k ~ ~ ii! t ~' s I S f M ~ i S j tc ~i ~. ~ ~ x I i s ' ? ~ r y' ~ E _ ? 3 ~'~ ~ ~ I I I ~ i t 1 ~ r ~~ :. ~i [: !. ~, 11 ; ~ i ! ~ ~ 4 4 . ' 1 1 1 ~ ' '..:..I ' ~ ~ - ~ ~ ,~ ~ ~. ~ ` :. ~ ' ~ 6 , _~ I '. i f Meridian. City Council March 2008 Page 16 of 26 Canning: Yes, ma'am. • De Weerd: Okay. Okay. So, do you have enough direction on the unimproved? Canning: I think we are -- I think we are good. I think the changes that Mrs. Kane has already made are reflected in the conversation we have had and I will just make sure we have some mechanism for alternative compliance. De Weerd: And, Council, you feel comfortable with that? Bird: Yeah. I will read more, but I don't see anything right offhand that -- De Weerd: What section is that in, Anna? What page? Canning: Oh, I don't know this well enough to find it quickly. Zaremba: I found it a minute ago. Hang on just a second. It's about a third of the way through, I think. Bird: Yeah. I found it now. Canning: I think it will say added per Mr. Zaremba's -- Zaremba: Yeah. Page 17. Item B-6. Surface. De Weerd: You guys comfortable? Council, are you comfortable with that? Not you guys. Bird: I'm not comfortable with that. I wouldn't be. De Weerd: Do you have suggestions or feedback? Bird: Well, I think there is -- I think there is -- I think there is more dust blown out here in undeveloped ground and I can tell you for a fact that since they took the grass up at the speedway most of the dust you get at the speedway is from the infield in between. But they are putting grass back down in that. We never had that problem, because we kept -- we kept it grassed up and watered up. But it's hard -- I don't know. And the Speedway isn't the only place either. You got property right down there at Hohn's old place that dust blows all over. Undeveloped ground, so -- it's driven on. It's parked on for the park. For legion baseball. For softball. Canning: Madam Mayor, Councilmember Bird, out there by -- in that same area by the park. By Settlers. And, again, I'm not trying to penalize that area. I know that's a ~: i F e ~ t I ? $ ~ p ~ ' ` ,( ! ~ 7 r ~ t ~ ' t r . ~ ~ j ttt 3s ~ ~ ~ ~ ~ 4~ E ! ~ 1 ~ ~ ~ 1 ~... ~ ~ ~ I i ~ ' I {r ~ ! ~ + 1 ~ i I t i r ~, ~ ~ 1' ~ ,, i ~ ' ,/ :H ~ f ~ ~ p d i~ t j 1 ~ { ~ _ ~ ° ~ i~. ~~ , z 4,' s ~ ~ i ~' t.. i k } .i f 3 ~ ~ ~' ~ Y ~ ~ ~ ~ ~? ~ ( :. ~ tf ~ f ~ t . i ~ i a ..{ f lR ~ ~ ( f { ~, ~ ~ `f S ~' 9 ~sE 6 ~ ~ . v ` ' 3 `. ~ ~ ' :t i ~ f' ~ ~ ff ~ ~ E ~ i g e ~ ~ ~ ~ i ~ ~ z ~ S ~ ~i I ~ ~ ~ x i j. ~ r i ~~ i ~ f ~ ° ' ~ r ~ c k , S i • Meridianf~ty Council March ~, 2008 Page 17 of 26 special area that we have got to figure out a solution for. You know, the perfect example of the area that I think we do need to -- to try and curb the kind of temporary uses going on it is the one at Franklin and Meridian with -- that has nothing to keep that dust down there just across from the park and it blows like crazy and we get a regular string of temporary uses that want to set up there and it's a real challenge, because there is no improvements anywhere near the comer. Bird: You're talking about Coirielle's comer? Canning: Sir, I don't know the owner, but it's just the -- the one where the -- all the temporary uses are. Yeah. Bird: Boy, Idon't -- to be truthful with you, I don't know how anything blows there, because I have tried to put signs in there and that's like going through -- that thing is gravel put down like mad, but -- I don't know. It is definitely a problem. And I will be the first to say that, but -- I don't know how you -- I don't know how you're going to do it, because you got it all along Franklin Road. You got a -- you got undeveloped property. Got it out at Settler's Park. Every baseball field that we have has it. When the wind blows you get dust flying then. I don't know. I wish there was a good answer. De Weerd: Councilman Bird, those -- those are different circumstances. We are setting up those by adding traffic to it. Those others are not something that's caused by -- by a particular action, other than an act of God. So, I guess they are just trying to -- and, again, I know there is a number of properties and businesses that paved dirt roads because of the air quality -- being part of the air quality solution. So, we are just trying to, I believe, be pro-active in doing our part and avoiding something that we actually set up. But the vacant properties you can't. Borton: Madam Mayor? De Weerd: Yes. Borton: Madam Mayor, I don't -- I don't disagree with Councilman Bird or his comments. For where we are in the process I -- I see the concerns both ways. I'd be inclined to give it some thought and a-mail Anna with comments and -- Canning: I would welcome anything. Borton: -- suggested language. Canning: And I understand, Councilmember Bird's concern, too. I have tried to figure out what to do with this. I think there is -- there is an opportunity to do just the alternative compliance in general for that piece of property, similar to where that -- where optimists set up their tree -- tree lot on Overland, that little piece of property there b ~ i t i t 2 t. ~ ~' j ~' 1 i~~ ~ ~ j i € ~ ,, ~y , , I ~ ` i ': ~ ~ ' t F a i f ~ { t t ~ 1 r ~ 1 t ~ ~ ~ ~ ' f 1, . ` f j k ~ ~ ~~ : ! 3 { ~ ~ S 1 E ~ 1 ! ~ ~ Y ~.. t[ i ~ ~ ~. ! ~ 6 • e i,' 1 Meridian C' Council March 2008 Page 18 of 26 already has altemative compliance for that surface as being acceptable for parking the temporary cars on until they further develop that site. So, when the optimists come in they are okay on that piece of property, because there is already an altemative compliance for that surfacing. So, that was done through the -- the regular CZC process, rather than the temporary use process. And I think we can do that same thing for -- for properties that we need to. But I -- I have batted this about in my head from 2:00 to 4:00 at night on a regular basis and just tell you I have yet to come up with a stroke of genius, so I welcome anything that anybody has to offer. De Weerd: Well -- and I agree, I don't know if I get more phone calls from vacant properties or special events. I think it's -- but when people have dirt flying in their properties, then, there is -- there is concern and we will be more than happy to forward you all calls. Canning: So, the last issue would be the -- are you okay with the fact that you still have to go to the clerks for the citizen's use permit and come to us for a temporary use permit or do you really want us to try and get these all in the same department? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Get them all in the same department. Bird: Amen. Canning: All right. Borton: If at all possible. Canning: We will try. And that clerks will still do the mobile sales unit and the non- aerial common fireworks permit? Those two usually don't require also a temporary use permit. Those aren't combined with one, it's just the -- it's just the citizen's use permit that ends up being in two different offices. Borton: Okay. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I agree wholeheartedly with Councilman Borton. I just -- that's why we are moving into one -- we are spending the money to build a City Hall that we can all move in, so people can come to one place and get their permits. The fireworks and stuff has to be Frf ,~ f 'I~ ~' r I i ,~ i 1 t' ,~ ~ ~~ t S i' P' { i i ~ ~ z ' ~' ~ i ! tt r 1 ~ f t ~ ~ i ~ ~ 1 ~, ' r ~ ~~~ ~ t ~ ~~ i ~ _ ~ ~ , r ' ~ ~ ~ F 1 i 1 f~ ~ ~ ' E - ~~ ~- ~ ~ F f i. 3 S .. ! ~ ~ ' .. Meridian Ci Council March 2 2008 Page 19 of 26 done by the fire department, in my book, but the others could -- I think could be done with the clerk or however you have to do it. One department. Canning: All the others, sir, or just -- or just citizen's use permit? Bird: I don't know why we can't -- other than the fireworks and stuff, I don't know why the rest of them can't be done at one department, whether you want to do it at planning or whether you want to have the clerk do it. Canning: I'd vote for the clerk doing -- oh, sorry. Bird: Anna, I'm not too sure (wouldn't -- I wouldn't agree -- I wouldn't agree with you on that, because I think most citizens they come in, look for a permit, think the clerk's office. And -- and I'm sure -- if there is any questions you're going to be right there in the same building. I mean, bang, how hard is it to -- with electronic stuff we got nowadays -- I just hate to see people have to run around from this door to that door. I hate it as -- when I get the run around. Like I say, other than the fire permitting, I think one person should handle -- or one department should handle it. Canning: And, Madam Mayor, Members of the Council, Mrs. Holman hasn't had an opportunity to even know what might be coming her way. So, we will sit down and toss a coin and bring something back to you for the 1st. Borton: Okay. De Weerd: Okay. Anything further? Canning: No, ma'am. I think that was it. Are you -- any other comments? De Weerd: I think any other comments they will send your way. Canning: Okay. B. Legal Department 1. Approve SWAC Recommendation for funding of Trash Can Holders purchase of $2,723.00 for Western Ada Recreation District: De Weerd: Okay. Item 6-B is our legal department. Mr. Baird. Baird: Madam Mayor, Members of the Council, in your packet is a SWAC recommendation for using 2,723 dollars to purchase trash can holders for the Western Ada Rec District and we'd ask for your consideration of that recommendation. ~ ~ ~ ~ !!! ~ f { ~ u x 1 i ~ ~ ( ~ f ~ i f p k ; i ~j ~ ti w } ~ 'r I;l fii { f ~' i ' y bt {{{{ ii1 i k 4 + ~ (Y~ a~ k ~ a j ~ i i' ~~ 4 ~ ~ ~~ ~I ! ~ i j ~ 3 A ~ i :~~ ~ 11 ~ Et 4 . ~ ' ~ i ¢ j ~ t ~ ! V jf ~ ~ t ~~ ~ ~ . T F i; I ~ a + ~ + a i li H ~ ~ ~ ~ + ~ ; ~ ~ ~ I~ c j ~ 9 r ' ~ ~ f t , g + ~ t ~ ; ~ ! A G 3 ~` ~ ¢ ~~ + ~~ !_ 1 !+ 1 ~ $ ~ ~ +~ i t t { E ~ i ' ~ ~ t 7 1 i '~ I ~ I x ~ i ~ ~ ~ ! 5 i ~I ~ ' ~_ ~ ' i ~# ~ ~ ~ ~ : ~c ! ~~ 9 S ~ p,: i F 4 , 7 ~ , r ~~~ 3 #g ~ 3t ~+ E i j i ~ : ~ {1 sus ; a ~ ~ ~ ~ 4 E ~ , f ~ ~ 1 Meridian City Council March 22008 Page 20 of 26 Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I wish Mr. Rountree was here, so I could give him a hard time. I move that we approve the request by Western Ada Rec for 2,723 dollars from the SWAC. Borton: Second. De Weerd: Okay. We have a motion and a second. I assume these are made out of recycled material? Bird: They are. De Weerd: And where will they be used? Bird: At Fuller Park. De Weerd: Fuller Park? Thank you. Okay. If there is -- is there any discussion? Hearing none, Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 7: Items Moved from Consent Agenda: J. Approve New Beer ~ Liauor License for Cheerleaders Sports Bar and Grill at 3541 North Eagle Road: K. Approve Beer, Wine and Liauor License Renewals: i i ~ ~ f f ~ i~ r ~ A New Vintage Wine Shop Kahootz Pub & Eatery LLC Meridian Speedway Whitewater Pizza $ Pasta The Cigarette Store Inc. Ultra Touch Car Wash Louie's Italian Restaurant Sakana White Water Saloon Rite Aid #5412 Carino's Italian Grill ~ '.~ ,~ ~. L 1400 N. Eagle Rd. 1603 N. Main St. 335 E. Main St. 1510 N. Eagle Rd. 200 E. Fairview Ave. 835 E. Fairview Ave. 2500 E. Fairview Ave. 1718 S. Eagle Rd. 1646 N. Meridian Rd. 1600 Main St. 3551 E. Fairview Ave. ~~;~ ~~ ~ '~~~ } ~ i~ ~,4 1;~, ~. ;j1} y j;!!ij i t t: ~ ~ ~~ v ~ t ~ ~ ~ p 6 ~~ ; ~ ~ 11 I I 1 f ~v~-~ 4 t f ' i i p fi ~ i ! ~ ' ~' ~ 3 ' I 1 S ~ ~ ~ 4 - ~ S ~ i t {{ t ~' ~J k ~ f,. { , R i ~ R ~ 7 1 t t I i ~ . . 1 k ~ ' ; ` ~ 4 ~ s ? ~ ~ f ~ _ , • Meridian City Council March 2S; Z008 Page 21 of 26 WinCo Foods, LLC. 1050 S. Progress Ave. Idaho Pizza Co. 405 E. Fairview Ave. Cheerleaders Sports Bar ~ Grill 3541 N. Eagle Rd. E De Weerd: Okay. Item 7, we did have two items moved from the Consent Agenda. Items Kand -- or J and K. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I just had a question. Item J is for Cheerleaders Sports Bar and Grill at 3541 North Eagle, asks to approve a new beer and liquor license. Item K, the very last one appears to be a renewal for the same people. And my question was is that correct? Are they doing a new one and a separate renew of one they already have or -- or is there some confusion there? And, then, I will have a second question after that. Holman: Madam Mayor, I had the same question. So, I was looking here and it appears to me that there are two different applications. One is a renewal; I believe of last year's that ends -- it expires on April 30th of '08. And the second one expires -- it's for the next year of April 30th of '09 and I don't know the history or the background on this. Bird: Why would they -- they have not had alocation -- maybe -- Holman: I have -- Madam Mayor, Councilman Bird, I have an a-mail here from Bruce Freckleton saying he doesn't have a problem with this application going forward in the approval process with Council. However, I request that the actual license be withheld until such time as we issue a certificate of occupancy for the restaurant. And I apologize, I don't know why we would have -- I would assume the way this process works is it's -- I'm new to this, so if they would be renewing this other license, but I was actually trying to get a hold of Nancy to find out why we had two and reading the supporting documentation. De Weerd: Maybe Lieutenant Basterrechea. Basterrechea: The only thing I can tell you is there is no Cheerleaders yet, so I don't know why they would have an existing license. They have a location in Eagle, Idaho, but they have never had a location here in Meridian. De Weerd: So, I would assume that that is a request of the building department. In order to do the appropriate inspections you would need to have a facility that's complete to inspect and that's his comment on the CO. So, we can -- we can pull this from the agenda and reset it once the CO has been issued. But I'm sure they want a liquor d . fit' ~ ~ ~I S tj , 5 ~ ~~ ~ ~ - ; r f , . 6 I 1 ; al t ' E` ~ ~~ r .s ; ~~' c a' ;~ S r t ~ ~ ' ~ a ~~, ~~ 7 ~ 7 C ~. ~ , 3 ; ~ ~ 4 ~ l~< ~ ~ <~ r f 1 ~ ~ i ~ ~ ~ ~ t { ~ I ~ ~; ~ t '~' ~ ~ J ] ! ~ ~ i ~ ~ , ~ 6 t ~ r 7 ~ 5 I ~ a r ~~. ~ ~ ~ t . i 4 1 i ~ ;, ~~f ~ 4 ~± ~ ' `. ' , S ~ 1 ' ~ ~ i ~ ' { • Meridian Ci Council March 2008 Page 22 of 26 license for when they open their restaurant. So, we just would have to work with them on the timing of that. Anna, do you have comment? Canning: Madam Mayor, Members of the Council, Mrs. Radford called me I believe on this issue and when she called she was trying to get it on the agenda for tonight. They were begging. It was the last moment. Sometimes this happens when things are done at the last moment, so I think we do have some questions. When she talked to me I thought it was just a beer license. I didn't think it involved a liquor license, which has a much different standard. So, I'm concerned that -- that perhaps we don't even have all the approvals, because I think she was going to a-mail it out and beg to have everything -- I don't remember getting one. Holman: Madam Mayor. Anna, Ihave -- I looked through the paperwork here and I have signed off Mr. Basterrechea -- did I say that right? I'm sorry. He signed off for the police department. Ihave -- it looks like a sign off from the planning department by Anna, a sign off from Joe Silva from fire. And, then, I have the two different licenses from the county. Now, the question I had is I was looking at the dates and I could be completely wrong, but I was wondering if they had these two different licenses because it expires on April 30th. If they were open before April 30th, would they have to have this license that expires April 30th and, then, the new one for the following year would be -- I don't know. That's just --Ihave two different licenses. One ending April 30th of this year and one ending April 30th of'09. Canning: And, Madam Mayor, Members of the Council, perhaps Mrs. Radford was talking to me about a different one. I just know that she was looking for guidance at the last moment and I wasn't much help, I have to confess. So, I would feel a little more comfortable now if we all had a chance to review it and figure out what was going on. De Weerd: If you have an a-mail from our building department who is stating that they don't have a CO, Ithink -- I don't know. If the police and fire signed off on it, apparently they have gone out and inspected it. Bird: I didn't -- is the building that close to being occupied? That's what I -- I was going to say if the fire has signed off and the police have signed off, evidently they are ready to -- to have occupancy. Holman: Madam Mayor, Councilman Bird, that's what I get from this, because in Bruce Freckleton's a-mail, which was dated last Friday, it says: Nancy thanks for the help with the transition. I don't have a problem with this application going forward in the approval process with Council. However, I request that the actual license not be given to them, obviously, until we get the certificate of occupancy for the restaurant. Ithink they -- my understanding from what I'm seeing in these a-mails is that it's fairly -- they should be getting a certificate of occupancy fairly soon and, again, looking at the two different dates on the licenses, the possibility that they are trying to get this through this week, so ~ s 4 f: '. Meridian City Council March 2ffi-2008 Page 23 of 26 that if they do get their certificate of occupancy they can open. And, again, I apologize; I'm not real familiar with the process. De Weerd: I just don't know how you can authorize signing it and not give it to someone. I mean once I get authorization to sign, it's in legal and so -- Bird: I agree with you. Borton: Madam Mayor? De Weerd: Yes. Borton: I would be inclined to wait a week and get this sorted out. I also don't know how you can issue a license and, then, renew it all in the same action. Maybe you can, but that seems odd, so -- unless someone knows of some pressing tragedy that occurs if this isn't done on April 1st. Bird: Does anybody know when they plan on opening? De Weerd: If they plan on opening this week it will be a problem. Bird: That's what I thought. De Weerd: But I don't know. Canning: I can try to call Mr. Freckleton, if you'd like me to do that. Yeah? No? De Weerd: Council? Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: The other question I had, while we are sorting that one out, is in Item K, the third one, Meridian Speedway, the address is given as 335 East Main Street. I would expect that to be South Main Street. I realize it used to be East 1st Street, but now that it's Main Street that would be a south address and Ijust -- Bird: Is it still listed as East Main? Holman: Madam Mayor, Councilman Bird, I would assume that Mrs. Radford was getting this information out of our beer -- beer, wine, and liquor data base from which we issue permits and the information is saved in there from year to year. 't {A~ N;; Q ;1 i4~ ;~ j. r t : ;~ ;~ i a, } ~ ,- f ~ i ` ~ t E i I i- ~ i i 8 r ~ t f ~ i ~ ~ ~ > j d ~ ~ } } f j V - ; 1 i ~ # k Y, S ~ ; t i I ~ ~ . 1 ~ ~ ~ ~ { I n t. I S . I ~- i ~ ~ t t ~ ~ ~ ~~ f ~ ~ 3 ~ ~ ` f ~ _ F ~ 1, l ~- P k i 1 c ~ i s ~ i ~ € ~ ~ f R ~ ~. I i~ a ~~ ~ '. 1 ~ t ~. ~~i ii;? 1 ~t • Meridian City Council March 2'008 Page 24 of 26 De Weerd: I would imagine the city clerks office can clean up whatever the real license is. Holman: Madam Mayor, yes, we can do that. De Weerd: Okay. Okay. Any other item on -- on this one? Bird: Madam Mayor, I do have a question to ask. Has everything been signed and everything, Madam Clerk? All the licenses have been signed by the proper people and already to go? Holman: Madam Mayor, Councilman Bird, yes, I have the backup for all of those licenses here. I haven't looked through every individual page, but, yes, she has all of the backup, state police certificate from -- I apologize certificate from them and a certificate from the county for each of these. Bird: Still can't figure out why Cheerleaders has a renewal and a new. De Weerd: I think the reason it has arenewal -- yeah -- a renewal and a new is the new one being requested expires April 30th of this year and, then, the renewal would take it from that point forward. So, there is a month overlap if they are wanting to open here soon. So, I think that would be the reason for that. Canning: Madam Mayor, Members of the Council, Mr. Freckleton hadn't heard an update within a week, so he doesn't know if they have asked for final inspection. He says it is fairly common that we hold the permit until they have the C of O. Also, my approval is based on it being a restaurant use. So, they would be in violation of my ordinance if -- or of my approval if they didn't have the restaurant going, then, they are a bar. But it sounds like it's fairly standard to just go ahead and approve them and, then, just hold the actual permit until they have the C of O. Borton: Okay. Bird: I have no problem with that. De Weerd: Okay. Council, this is yours. Zaremba: If I understood what happened, Madam Mayor, I move that we approve Item J and Item K as presented. Bird: Second. Borton: Second. f ~ K- ~ {. ~ 1 ~ tj ~~ ~ { ~ e ~ i ~ ..~ ` . ~'j ~ 4 ~ ~ F - i ~ y ~ ~ ~ , , A ~ , ' ~i ~ t r~. ~ ~ ~ 1 7, k 1 ~ + ~ F~ i ~ 1 1 ` { { ~ ~1 ~ ~ ~~ N ' ~ t 4,, E = K 3 ~ s 1'• 3 f S 1 } t• ~: ~ ~ ' i i ~ ~ , , E ~ ,, ~ ~ ~ ,~~ a ~ i c ~ t , ~ , t q _ i ~ A s } ~~ ~ s ~ ~ ~ _ ~ ~ ~ I ~ ~ ~ j. -~ 3 3 } ~ a ~ I ~i f i 5' ~~ S' ~ .~ ~ ~.! f . i ? j r '.~ 4 4 ~ t ~. 1 c t: f ~. 6 a 1 _ j ~ . E.~-.. ~~ ;~ r ! .5 v. • Meridian City Council March 2~'fb08 Page 25 of 26 De Weerd: I have a motion and a second to approve Items J and K that were removed from the Consent Agenda for the regular agenda and ask if there is no further discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 8: Public Hearing: 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: Item 9: Public Hearing: MI 08-001 Request for a Miscellaneous application to modify the Development Agreement to remove the requirement for cross- access between the properties located at 125 W. Cheny Lane and 1645 W. 1St Street for Mittleider by Dr. Dan Thieme -125 West Cheny Lane: De Weerd: Okay. Items 8 and 9 have been requested to be continued. I will open these two public hearings, CUP 07-022 and MI 08-001, and ask for a motion to continue. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue to April 1st, 2008, CUP 07-022 and MI 08-001. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the continuation of these two items. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. We are at the end of our agenda. Bird: I move we adjourn. Borton: Second. De Weerd: All those in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. ~. ~1~ j ~ l `~~ C ~ ai t ! _ j } ~ ~ ~ k ~ ~~ ~ S ~l ~ 1 i ~ k ~~~ ~ i ~ F } k ~ 1 i i i. ' ~ f ~ [[ ~. ~~ ~ E ~' ~ i < ~ ~ ~: r ~ ~ ~' a ~ ~ t, ~ ~' i y F H ,~~ 7 [ '~ 1' '~ yy ~~ I j ' ~ E ~ ' ~~ S ~. i ~ f r Ir ~ yy ~. i. H j ~-- j S ~[ i R ~ ~ I i r ! M ~ { { ~ . i '~ • ~ 1 ~ { f ~ f C ; ~{{ ~ t ~ { ~'t ~ { r z, 1 t T: ~ k i i 3 LL ~ 11 ~ Y: '~ i 3 i F ggs k , ~ ~F 1 r a ~ 3 t~ . r t ~~ " 'j~ ~ 1 ~~G ~ 31f p(d 1( 1 ~f i ~k ' :~ VV sF rr , i Y ~ ~ ~ `- F F. k~ i i r t L a d' ` . ~ ~ f t F ' ~ ~ i- t t ~ t t I G.. :: ~ k ~ { k i ~ 4 j i~_ ~i + ~ f 1 ~ i t y I ` k 1 ~ `_ 1 k i Meridian Council March 2 2008 Page 26 of 26 De Weerd: Thank you. MEETING ADJOURNED AT 8:07 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~v~o ~~~ MAYOR TAMMY EERD •~ /2~, 0~ DATE APPROVED ATTEST: cf0~.~u,c ~~j ~ pl ,J,~ JAYCEE . HOLMAN, CITY r,.{ ~ • :~ v~ j'~~ Tip ~= ~iA~ i ~ ,~ .,~~~ A ``moo I ~ P ~ ! ~ s41~ ~ _ '~~' _ o ~ y? i ~ a ~ j ~ i ai ii k ~ - ~ ~ "~: ~ ~: , r ~ ~ i s~ ~ ~ 3 ~ ' ~ ~ ~~- i ~ ~ ~ r3 4 ~ j ~ ~ { t r ~ i ~ ~ ~ , ~, ~ ~~ s ~~ ~ ' ~ ~ 3 . n r ~ e ~ . v t, s: ~ ;~. ~.3' E 7 yygg t ~ ~ ~-~ , t ~ ~ 5 +y ,7gS i .-7 j ii I ~ ~ t ~ 111 .a q ( ; 1 ~ 7 ~~ 5 1~~ B ~ t i 3 ~' i `~~~ ~ ~. 1 g . ~~lease {~s~~cr I~ub~:~c N~~ce ~ anksli II~IA~ ~~~~ CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, March 25, 2008 at 7:00 p.m. 1. "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." Roll-call Attendance: David Zaremba Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. 3. 4. 5. ~ ~: c i E j'. t ~. i Pledge of Allegiance: Community Invocation by Pastor Burton Roberts (Retired) with Meridian Gospel Tabernacle: Adoption of the Agenda: Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 07- 018 Request for Annexation and Zoning of 9.764 acres from RUT to C-C zone for Settler's Square Subdivision by Seagle Three, LLC - 870 West Ustick Road: B. Findings of Fact and Conclusions of Law for Approval: PP 07- 024 Request for a Preliminary Plat with 12 commercial building lots and 2 common lots on 9.764 acres in a proposed C-C zone for Settler's Square Subdivision by Seagle Three, LLC - 870 West Ustick Road: C. Findings of Fact and Conclusions of Law for Approval: AZ 07- 019 Request for Annexation and Zoning of 15.49 acres from RUT Meridian City Council Meeting Agenda -March 25, 2008 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F ! {{ e I ~ ~ 1 ~~ ~ ~ ~ ~ ~ r ~..~ ~ { ~ '~ , ~ I 5 ,.1 ~ ~ . k ~ ~ r ~ ~ ~ ~`t d 3 'i i ~ ~ S . ~~ ~~ r tr b _ x S ~ ~ ~ E ~ t ~ # t C , y # ~ j E ;, P f ~ ~ i 5 . t 4 '~ ~ I ~ .. yy b S ! > i ~ a i I ~ ~ . tl ~ ~± t . ' I ~ ~ , ~. • I Jj ~ ~ ~ f ~ ~ { ~ f t ~ } i ~ i t ~ i .~ ,k t ~' ~ d ~. ry} ~ t ¢ t". ~ I ~_ t{ I ~ i ' ~ k ~ ' ~ t ~ ~ ~~ r i ~ ~ ~ 3- f t ~ ff~ ~ ~ f ~ ~ ~ ~ ~. i a 3 < ~ ,$ ~ ~ . : i l~ i ) 11 ~ 1 ' ~ i F ~ i ~ c { , i , ; ~ ~ ~ ; ~ ~ ~' ' ~ I ~ ~ ~ l ~ ~ i f k 4 ] ~ t ~ y~y 2 ~ ; r i 1 E 3 r , ' ~ a s 3 i ~ ~ e i ~~, .~ ~. i t a z F ~ 3 ~ { i ? ~ , i ,~ E ~: ~ :. ~ i l' ~ ; ~( ?: ._ ~ i~. ;~.~ ~.,,, t ~r t 1 s .. '„ .. -~. ~ ~ ? ~ ~ s.,. s to L-® zone for Stake House by the Church of Jesus Christ of Latter Day Saints - 5555 North Locust Grove Road: D. Water Main Easement Agreement for Gardner Ahlauist Gateway No. 1 by Meridian Medical Plaza, LLC: E. Water Main Easement Agreement for 10-Mile Christian Church: F. Chance Order No. 4 for the North Black Cat Trunk Sewer with Brown Construction, Inc. for $11,360.00: G. Change Order No. 5 for the North Black Cat Trunk Sewer with Brown Construction, Inc. for $13,952.00: H. Task Order No. 0750 for the Sewer Main Extension at Powers Residence with Civil Survey Consultants, Inc. for $7,490.00: I. Task Order No. 2.6 for CEPT Pilot Test Support with CH2M HILL for $9,973.00: J. Approve New Beer &Liauor License for Cheerleaders Sports Bar and Grill at 3541 North Eagle Road: K. Approve Beer, Wine and Liauor License Renewals: A New Vintage Wine Shop 1400 N. Eagle Rd. Kahootz Pub ~ Eatery LLC 1603 N. Main St. Meridian Speedway 335 E. Main St. Whitewater Pizza & Pasta 1510 N. Eagle Rd. The Cigarette Store Inc. 200 E. Fairview Ave. Ultra Touch Car Wash 835 E. Fairview Ave. Louie's Italian Restaurant 2500 E. Fairview Ave. Sakana 1718 S. Eagle Rd. White Water Saloon 1646 N. Meridian Rd. Rite Aid #5412 1600 Main St. Carino's Italian Grill 3551 E. Fairview Ave. WinCo Foods, LLC. 1050 S. Progress Ave. Idaho Pizza Co. 405 E. Fairview Ave. Cheerleaders Sports Bar ~ Grill 3541 N. Eagle Rd. L. Temporary Construction Easement between City of Meridian as Grantor and ACHD as Grantee for Salit Corridor Phase 1: Meridian City Council Meeting Agenda -March 25, 2008 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ ~~ t us~ p E f f i ~~I ~ ~ -A 1 y~ ~ ~ ~ ~ F~ f t ~ s ~ ~ 1 I uu I p ~r. ~ i` t ! 1 i t ! 1~1t~ [i i f _ 7{! ' ' ~ 1 ~' _ l ~ f ~ ~ .. 111 1 { i ~' ~~. ~ Vt I T U 1 I I A ltf ]~ ~ ~ ,~ , ? ~. ~ 1. F + p ~~. i ~. i~ qqq t 1 ! f t. 1 3 ~ i ~'~_ ~ . ~' ~ "~ l ~ ~ t , ~l i ~ r ~ ~ i ~ ~~ ~ + l 3 ` ~ ~ ~ I ~~ ~ I u~ i _ ~ ~ f tr t ~ f ~ ~ ,' ~ ; 1. i i ~ R ~ i ~I f t I i~ 1 ~ f 5 ~ 5 ~ :~ ~ ~~ ~ ~ f ~ I} j , ~ I ~ 8 ~ q_ {{ i ;, a , z ~~ , p 3 S i y ~ ~ ~ ~I' I ~ ~. i t ~ yi: ~ ; ' S: 1~ 1 s„ Y } Q , y ~ I i~ ~ r ri ~: < ~ ~ ~ ~; ~~ ~ < s f ; 7 7 ' ~ ~ 1 3 i i t ~ ~ 1 1 ~ S 1~ ~ ~ ` Ii 'r ; F ' 6 t 6. ®epartment Reports: A. Planning Department /Legal Department 1. Discussion of the Outdoor Sales and Temporary Use Permit Ordinance: B. Legal Department 1. Approve SWAC Recommendation for funding of Trash Can Holders purchase of $2,723.00 for Western Ada Recreation District: 7. Items Moved from Consent Agenda: 8. Public Hearing: 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: 9. Public Hearing: MI 08-001 Request for a Miscellaneous application to modify the Development Agreement to remove the requirement for cross- access between the properties located at 125 W. Cherry Lane and 1645 W. 1St Street for Mittleider by Dr. Dan Thieme - 125 West Cheny Lane: Meridian City Council Meeting Agenda -March 25, 2008 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~ ~~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ I ~ ~ f a ~~ ~ ~! ~ ~ ~ ~~ ~ ~ ~ I a ~~ ' ~ ~ ~ ! ~ ~, f c ~ i i I ~ Its i :l ~; ~ ~~ ~ ~ ~r t , , ~ i f~ i } ~ ~ } . Lp Y p~ I ~ ~ ~ ~ I.. ~ ` r r 4 ~ b ~ ~` j ~~ fib t r ~:i ~s 77~ i i ~ ,~ ~ ~ ~ ~ ; ~ r ~, ~ ± ~. ~ ~~ ~ M1 1 . ~ ~ t ~ ~ 1 ~ ,1 ~ '' ~ 3f ~ - I f j S t S ~i = ~ ~, ~ F y 4 ~ ~ i t ~ r ' ~ ~ Fr. ~ r 1 i ' ~ j ~ ~ 1 ' ' ~ ~ ~ ~ ~ ~ s ~ ~ ~ kk r j. L7ateiTBme 03-21-2008 03:26:50 p.m. Transm6t Header Text City of IVFleridlan Idaho Local ID 1 2088884218 Local Name 1 Llne i Local ID 2 Local Name 2 Line 2 This document :Failed (reduced sample and details below) Document size : 8.5 "x11 " Please ~} ~r ~~ e NOh ~ e - f nraxtKS ~ I ~~i~E IDIAN~-- tt3~tr4Cr CITY COUNCIL REGULAR MEE'fiNG AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, March 2S, 2008 at 7:00 p.m. %ifthough the CHy of Meridian no longer requires sworn testlrrrony, aJ! presentatrons trefore the Mayor acrd City Council are expected to be truthful and honest to the best of the ability of the presenter.° 1. Roll-cart Attendance: David Zaremba Jas Borton Chatite Rountree Keith Bird RAayor Tammy de Weettt 2. Pledge of Allegiance: 3, Community Invocation by Pastor Burton Roberts (Retired) with Meridian Gospel Tabernacle: 4. Adoption of the Agenda: 5. Consent Agenda: A. Findings of Fact and Conciuslans of Law for Approval; AZ 07- 018 Request for Annexation and Zoning of 9.764 acres from RtJT to C-C zone for Settler's Sauane Subdivision by Beagle Thrae, LLC - 870 West Ustick Road: t3. FMdiags of Fact and Conclusions of Law for Approval: PP 07- 024 Request for a Prefimtnary Plat with 12 commercial buikting lots and 2 ramrr~n cots on 8.784 acres in a proposed GC zone for hr's Sauare Subdivision by Sesgle Thrae, LLC - 870 Wei Ustlck Road: C. Findings of Fact and Conclusions of Law for Approval; AZ 07- 019 Request for Annexation arni Zoning of 16.49 acres from RUT Marktten City Caen tde~ing Agenda- Maroh 26, 2DP$ Page 1 of 3 All rnatettats p~atrisd at PuMtc mew ehatE bes~ne properly aP the City oP titedtffan. Anyone Qea7rtng aotammodeNon fatd related to decurnenta andtar IreaBng, please conmcrrte crty amiss ort~e atass~as3 ar-aaa ae r~s prim lire ptr6#c meeltng. Total Pages Scanned : 3 Tntal Panae C'nnftrrnorl • A4 No. 001 lob 885 Remote Station 3810160 Start Time 03:05:59 p.m.03-21-2008 Duration 00:02:45 Pages 3/3 Line 1 Mode EC Job Type HS Results CP9600 002 885 8989551 03:05:59 p.m.03-21-2008 00:00:41 3i3 1 EC HS CP21600 003 885 2088848723 03:05:59 p.m.03-21-2008 00:00:34 3i3 1 EC HS CP28800 004 885 8886854 03:05:59 p.m.03-21-2008 00:00:37 313 1 EC HS CP31200 005 885 2088985501 03:05:59 p.m.03-21-2008 00:00:47 313 1 EC HS CP28800 006 885 8467366 03:05:59 p.m.03-21-2008 00:00:34 3/3 1 EC HS CP28800 007 885 8950390 03:05:59 p.m.03-21-2008 00:00:34 3i3 1 EC HS CP28800 Y ~ . f ~ { µ, , i I s 3 I 4 i~ ~ i 1 2224 f ~ 1 ~ _ S S I "( i r. i . Date!Tlme 03-21-2008 LocaIID 1 2088884218 LocaIID 2 03:26:57 p.m. Transmit Header Text Cityr of Meridian Ida9vo Local Name 1 Line 1 Local Name 2 Line 2 No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 008 885 2088882682 03:05:59p.m.03-21-2008 00:00:33 3/3 1 EC HS CP33600 009 885 8840745 03:05:59 p.m.03-21-2008 00:00:33 3!3 1 EC HS CP31200 010 885 8885052 03:05:59 p.m.03-21-2008 00:00:34 3!3 1 EC HS CP31200 011 885 8881983 03:05:59 p.m.03-21-2008 00:00:37 3/3 1 EC HS CP26400 012 885 2083776449 03:05:59 p.m.03-21-2008 00:01:11 3/3 1 EC HS CP14400 013 885 4679562 03:05:59 p.m.03-21-2008 00:00:34 3/3 1 EC HS CP28800 014 885 8886700 03'05:59 p.m.03-21-2008 00:00:00 0/3 1 -- HS FA 015 885 8841159 03:05:59 p.m.03-21-2008 00:00:35 3/3 1 EC HS CP28800 016 885 8840744 03:05:59 p.m.03-21-2008 00:00:35 313 1 EC HS CP28800 i Abbreviations: HS: Host send HR: Host receive WS: Waiting send PL: Polled local MP: Mailbox print TU: Terminated by user ' PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 MS: Mailbox save FA: Fall RP: Report EC: Error Correct R ~ I ~ i ~ I ~ i i i ~ ~ t ~ ~ 1 r I ~ ~ k ' ~ ~:, II ! ' ~i iii ~F f '• f ~ 4 t } ~ ~ ~ ~ g ~ } ~ ~q [ 2 1 ~ . ~. ~ L~f li ! ~ ' i f. I ~~ I i$. 9 ~ ~~ ~ i P ' ~; ' I ~ s S~ it' ~ t ~ 1~ c f ~ ~ s r { ~_ i ~ !i l f f ' 7Jt ~ 's' ~ 1 ~ ~, '' ~ ~ ~~ !1 t ~ ~ ~ 6 ic ~, ti. ~} t N I t ' ~~ , ~ - ~~ ~ i ' ~ ~ y i ~ ~{ ~ ¢q r ~ ' i ~ I ~ ~ t ~ ~ ! ~ s . ~ , 3~j .. ' ' ' ~ ~ , f~ 3 4 i K $ ~ ' ' ( ~ l i !} ~ ' EE ~ ~' t ~ (f j v P_ ~ ~ . ~ .' 6 ~ ~ ~~~ :. : fit : ' . :~ ~ ~~ 11 ~ ~ ~, March 21, 2008 AZ 07-018 MERIDIAN CITY COUNCIL MEETING March 25, 2008 APPLICANT Seagle Three, LLC ITEM NO. 5-A REQUEST Findings for Approval -Request for Annexation and Zoning of 9.764 acres from RUT to C-C zone for SetFler's Square Subdivision - 870 West Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See aHached 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: ~L~rd (Y"1 g('Y'1 Date: ~ ~. Phone: ~1.D3-Q~_~ Emailed: ~.11~t~i f1 i Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. -~ ~ i 4t ~ ~ ` '~ i N 7 k ~ t i ~ ~~ { t t ~ ~ i. R t~ 'E ± ~ ~~ i ~ ~ ~ r. i , { 1 ~ jI ~ ~, ~ i . ~ y ~ ~ ~ t i ~ ~ ? r x~ i ~ .~ ~ + ~ a i~ i ~ i ~ ;- 1 ' til r ~ ~ ~ ~ g ~ ~, ~ ~~ ~ ii I+t ~ ~ ~ ~. c 3 i' ~ ~ 1 ~ a. ~, } ;~ 1 ~ 4 i ' ~ ~ ~ , I ~ ~ ~ p + ~ F f _ ' ~ ~ y ~ I I i ~ ~ ~ ±~ i ~ ~ i ~ i~ .1 ~ ,~~ 51 K k ~ r ~. y t ~ ~, G 4 ~ r f y , '. ~ ~ a } ' yy ~ t FF 1 '.'t i i ~. ~ilt ~ ~ - ~ i~ ~ ~ 1 "~ ~' ~ f S . ~ ¢ i t - t _ ~ ` ~~ ~ii '} 3 s; ~ ~t 3 ( ~ ~ CITY OF MERIDIAN (~E IDIAN~- FINDINGS OF FACT, CONCLUSIONS OF LAW AND ~ ~ ~ ~ ~ DECISION & ORDER In the Matter of Annexation and Zoning of 10.18 acres from RUT (Ada County) to C-C (Community Business District); Preliminary Plat of 141ots: 12 commercial lots and 2 common lots in the proposed C-C zoning district; and Alternative Compliance to the standard 10-foot wide landscape buffer adjacent to local streets for the Settlers Square Subdivision, by Seagle Three, LLC. Case No(s). AZ-07-018, PP-07-021, ALT-07-016 For the City Council Hearing Date of: March 4, 2008 (Continued from February 19, 2008) (Findings on the March 25, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 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). AZ-07-018, PP-07-021,ALT-07-016 -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 parry requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 19, 2008 incorporated by reference. The conditions 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 November 29, 2007 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 February 19, 2008 incorporated by reference. 3. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of February 19, 2008 incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-018, PP-07-021,ALT-07-016 -2- 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. Attached: Staff Report for the hearing date of February 19, 2008 By ac ion of the City Council at its regular meeting held on the 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) VOTED VOTED VOTED- j~~ VOTED VOTED "-'-" Mayor Tammy eerd Attest: Jaycee H lman, City Clerk Copy served upon Applicant, The Planning Department, Public Works Department and City Attorn y. ity Clerk's Office Dated: J'a~~~~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-018, PP-07-021, ALT-07-016 -3- CITY OF MERIDIAN PLANNING D~ RTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 STAFF REPORT E IDIAN~~ Hearing Date: February 19, 2008 ~ (Continued to March 4, 2008) TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: Settlers Square • AZ-07-018 Annexation and Zoning of 10.18 acres from RUT (Ada County) to C-C (Community Business District) • PP-07-021 Preliminary Plat of 141ots: 12 commercial lots and 2 common lots in the proposed C-C zoning district. • ALT-07-016 Alternative compliance to the standard 10-foot wide landscape buffer adjacent to local streets (UDC 11-2B-3) 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Seagle Three, LLC, has applied for Annexation and Zoning of 10.18 acres from RUT (Ada County) to C-C (Community Business District); preliminary plat approval of 14 lots consisting of 12 commercial lots and 2 common lots; and alternative compliance to allow for 5-foot wide buffers with 5 foot detached stamped decorative concrete sidewalks adjacent to the proposed public streets (Buckstone Avenue and Cooper Lane) and two common lot center medians to serve as the required landscape buffer for the southern portion of Buckstone Avenue, in lieu of the standard 10-foot wide landscape buffer required by UDC 11-2B-3. The Applicant has submitted a conceptual site plan of how this site maybe developed with a mix of retail, boutiques, personal service shops, office uses, financial institutions, restaurants and a daycare center. The square footages of the buildings are expected to range in size between 3,720 and 15,140 square feet. Total square footage at build out is estimated at 90,000 square feet. On the submitted plat, the Applicant has depicted two public streets (Buckstone Avenue and Cooper Lane) that will provide access and interconnectivity for the proposed development. The public streets are to provide north-south access to Ustick Road and the residences to north, and east-west access to Venable Lane through the development and to the currently underdeveloped property to the west. The subject property is located at the northwest corner of W. Ustick Road and N. Venable Lane in Section 36, Township 4 North, Range 1 West, B.M. Currently, the site is vacant land with an existing home and two outbuildings which the applicant is proposing to remove to make way for the proposed commercial development. The subject property is within the City's Area of Impact and Urban Service Planning Area and is contiguous to the current city limits. 2. SUIVIlVIARY RECOMMENDATION The subject Annexation and Zoning (AZ), Preliminary Plat (PP) and Alternative Compliance (ALT) applications were submitted to the Planning Department for concurrent review. By City Ordinance, the Planning & Zoning Commission makes recommendation to the City Council on the AZ and PP Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 1 CITY OF MERIDIAN PLANNING D• RTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 applications, and the ALT application is reviewed at the Staff level. Staff recommends approval of Settlers Square Subdivision (AZ-07-018/PP-07-024/ALT-07-016), as presented in the Staff Report for the hearing date of December 6, 2007, subject to the Findings of Fact listed in Exhibit D and subject to the conditions of approval listed in Exhibit B. The Meridian Planning & Zoning Commission heard these items on December 20 2007 At the public hearing the Commission moved to recommend approval of the subject AZ, PP and ALT re uest. a. Summary of Commission Public Hearing: i. In favor: Alan Christy (Applicant's Representative) ii. In opposition: None iii. Commenting: David Rudeen iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission: ~. The architectural design of the buildings as it relates to the Cedar Springs commercial development east of the site. aa. The alignment of Buckstone Avenue with the access in Crossfield Subdivision c. Kev Commission Change(s) to Staff Recommendation: L None d. Outstanding Issue(s) for City Council: i. None 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 07-018 and PP-07-024 as presented in the Staff report for the hearing date of February 19, 2008, with the following modifications to the proposed development agreement and/or conditions of approval: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07- 018 and PP-07-024 as presented during the public hearing on February 19, 2008, for the following reasons: (you should state specific reasons for denial of the AZ and PP requests.) Continuance Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 2 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARINGDATE OF FEBRUARY 19, 2008 After considering all Staff, Applicant and public testimony, I move to continue File Numbers AZ-07-018 and PP-07-024 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: NWC of Ustick Road and Venable Lane, Section 36, Township 4 North, Range 1 West b. Property Owners of Record: Seagle Three, LLC 5999 W. State Street, Suite A Boise, Idaho 83703 c. Applicant: Same as above d. Representative: Barbara Mason and Alan Christy, Treasure Valley Engineers e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Future Land Use Designation: Mixed Use Community g. Description of Applicant's Request: The Applicant is requesting annexation and zoning, preliminary plat approval for 12 commercial and 2 common lots on approximately 10.18 acres, and alternative compliance for the ten foot wide landscape requirement adjacent to local roads. h. Applicant's StatemendJustification (see Applicant's application and letter): Settlers Square Subdivision is intended to be a gathering place providing pedestrian-friendly neighborhood commercial services. Settlers Square Subdivision when fully developed will contain a mix of retail stores, fmancial services, restaurants, offices and a daycare center. The project will tie together through common architectural building design, landscaping, street fixtures, architectural highlights, and pathways. On-street parking has been incorporated into the design for added pedestrian convenience and promotes a casual neighborhood atmosphere. Central to the development is the creation of a "sense of place." The commercial center's mix of tenants is intended to compliment the lifestyles of the surrounding neighborhoods and support recreational activities associated with the newly completed Settlers Park. The entire project is intended to compliment the neighborhood, provide a local gathering place and a quality professional atmosphere for businesses to~succeed. 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 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 City Council on this matter. c. 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. Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 3 CITY OF MERIDIAN PLANNING D• RTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19 2008 d. Newspaper notifications published on: November 19, 2007 and December 3, 2007 (Planning & Zoning Commission); January 28, 2008 and February 11 2008 (Gifu Council) e. Radius notices mailed to properties within 300 feet on: November 9, 2007 (Planning & Zoning Commission); January 25.2008 (Gifu Council) f. Applicant posted notice on site by: November 26, 2007 (Planning & Zoning Commission); February 9, 2008 (Gifu Councill 6. LAND USE a. Existing Land Use(s): There is an existing home and two 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 subject site is surrounded by residential subdivisions located on the north and south sides of the proposed development. A commercial development is located east of the subject site with agas/convenience store and a mix of office uses. c. Adjacent Land Use and Zoning: 1. North: Single-family Residential, Woodburn Subdivision; zoned R-8 2. South: Single-family Residential, Crossfield Subdivision No. 4; zoned R-8 3. West: Single family Residence; zoned RUT (Ada County) 4. East: Cedar Springs Commercial Subdivision; zoned C-N d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Location of sewer: W Ustick Rd and W Woodpine St Location of water: North Venable LN, W Ustick Rd and W Woodpine St Issues or concerns: None 2. Vegetation: There are existing Cottonwood trees on the site that the applicant is proposing to remove. Contact the City's Arborist, Ekoy Huff at 888-3579, to discuss a tree mitigation/protectionglan. 3. Flood plain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazards: N/A 6. Proposed Zoning: C-C 7. Size of Property: 10.18 acres f. Landscaping: 1. Width of street buffer(s): A 25-foot wide landscape buffer is required on Ustick Road, an arterial street, and a 20-foot wide landscape buffer is required along Venable Lane, a collector street. Furthermore, UDC 11-2B-3 requires a minimum 10-foot wide landscape buffer along local commercial streets. The applicant has requested alternative compliance for this section of the code to allow for 5-foot wide buffers with detached 5-foot wide concrete paver sidewalks. Additional landscaping will be provided for with two center medians dedicated as common lots (Alternative Compliance analysis is provided in Section 10 below). 2. Width of buffers between land uses: A 25-foot wide land use buffer is required between C- Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 S : ~ ~( ~ k +; } I4 t ~ t t i y € i, ~ f yy ~F ~. PAGE 4 i ~ ~ ~ ~ ~ ~ ~ } F j ~'~ ~ 1~ ' 7 ~ ~ ~ I ! k; ~ 1 i i ~ 1 ~ r ~ ~ ~ C ~ ~ ~~ ~ I ~ ` 4{ ~! ~~ ~ ~ 1 ~ a ~ yy - f ~ 9 ~ ~ ~ 41 ~ ~ i ~ i ~? t g ' 7 ~ ~ ~ E' - { # Suit ~ ~ ~ ~ ~ ~ ~ t , ~ 3 ! ~ j 3 ~ ~ V i t ' ' ' f . ~ t i~ ~ 9 } ~ z 1 t, s , r t ~ ~ , ~f ~~j ~ ~ t ~ - t L ~ ~i ~ T ~ ~ ; I T L ~ ,d ,F y ~ ~ , r ~ ~ Yf s t ~ ~ i ~ ~ ~ ~ 777 s f ~ i ~ ~ ~ ~ ~ ~ . p. i }, i~ i r 4 ~ 1 .~ + E~ P f E 7 ! ~ :' ~ ~ ' ~ € ~ { ~ ` f ' ' ~ ~ ~~ ~ ~ ~ R ~ iF ~ ~ ~ t ? ~ ` i ! I i ~ #. a ~ ~~ i ~F ~ ~ Y ~ , CITY OF MERIDIAN PLANNING D~RTMENT STAFF REPORT FOR THE HEARING-DATE OF FEBRUARY 19, 2008 C zoned properties and residential properties. There are residential properties to the north and west of the subject site. 3. Percentage of landscaped area: 21 % of the site is proposed to be landscaped. 4. Other landscaping standards: UDC 11-3B-8 and UDC 11-3B-12 require landscaping within and around parking lots. The landscaping standards for parking lots will be applied as part of the issuance of a Certificate of Zoning Compliance permit. (see Exhibit B, Development Agreement Provisions and Conditions of Approval). g. Off-Street Parking: One off-street parking space is required for every 500 square feet of gross floor area in commercial districts, per UDC 11-3C-6B. h. Required Dimensional Standards for the C-C zoning district: C-C Dimensional Standards Front setback: 0 Rear setback: 0 Interior side setback: 0 Maximum building height: 50 feet Maximum building size without design review approval: 60,000 square feet i. Subdivision Plat Information: 1. Residential Lots: 2. Non-residential Lots: 12 3. Total Building Lots: l2 4. Common Lots: 2 5. Other Lots: N/A 6. Total Lots: 14 j. Summary of Proposed Streets and/or Access: The preliminary plat shows two full-access public streets into the development. The public street that runs north-south (Buckstone Avenue located 330 feet west of Venable) provides access to Ustick Road and connectivity to the adjacent residential subdivision to the north. The public street that runs east-west (Cooper Lane) provides access to Venable Lane, aligns with the existing roadway to the east in Cedar Springs and stubs along the western boundary for future connectivity. ACRD has conditioned the applicant to construct the northern portion of Buckstone Avenue as a 29-foot street section, however, if Lots 1-6 of the proposed plat are consolidated on the final plat, the applicant will have to provide across-access easement to connect the southern portion of Buckstone Avenue with the stub street in the Woodburn Subdivision to the north. See ACRD conditions in Exhibit B. 7. COMMENTS MEETING On November 16, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Public Works Department, sanitary Services, Meridian Parks Department and Meridian Police Department. All of the received comments have been included within this report (Exhibit B). 8. COMPREHENSIVE PLAN POLICIES AND GOALS Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 5 is CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 This property is currently designated "Mixed Use -Community" (MU-C) with a Neighborhood Center (N.C.) overlay on the Comprehensive Plan Future Land Use Map. Neighborhood Centers are anticipated to provide a blend of high-density residential, small-scale commercial, entertainment, office and open space uses that are geared to serve all residents within a one to two square mile area. The purpose of these centers is to create a centralized, pedestrian-oriented, identifiable and day-to-day service oriented focal point for neighborhood districts. The Comprehensive Plan also defines the mixed use designation as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The Mixed Use -Community designation allows residential density between 3 and 15 dwelling units per acre, up to 200,000 square feet ofnon-residential building area, and is intended to allow a broad range of uses. The proposed development is intended to develop with a mix of retail, boutiques, personal service shops, restaurants, office uses (professional and medical), financial institutions and a daycare center. These types of uses will provide services for the surrounding residential neighborhoods. The applicant has designed the proposed development to be pedestrian oriented. Incorporated in the site design are decorative stamped concrete sidewalks connecting each building in the development and areas are provided for outdoor seating. The proposed development will also provide vehicular and pedestrian connectivity to the residential subdivision to the north and the commercial development to the east. 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): When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed, the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACLID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. 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. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) Settlers Squaze -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 6 CITY OF MERIDIAN PLANNING D• RTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 On the submitted concept plan, the Applicant is proposing one full-access public street to Ustick Road (arterial) and another full access public street onto Venable Lane (collector). Both public streets provide access and inter-connectivity to the commercial development and adjacent properties. City Staff and ACfID Staff are supportive of the proposed access points. No direct lot access to Ustick Road and McMillan Road was proposed, and none is approved with these applications. • "Require appropriate landscape and street buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) Ustick Road is designated as an arterial roadway and Venable Lane is classified as a collector roadway. By City Ordinance, a 25 foot wide landscape buffer is required adjacent to Ustick Road and a 20 foot wide landscape buffer is required along Venable Lane. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The subject site will be responsible for installing and maintaining the appropriate landscape buffers, parking lot landscaping and streetscape landscaping at the time said parcel is developed. • "Permit new ...commercial development only where urban services can be reasonably provided at the time of fmal approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) This parcel is contiguous to the city. Sanitary sewer and water are available to this parcel. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes the proposed mix of retail, office (professional and medical), daycare center; restaurants, and financial services will, in fact, contribute to the variety of services located within the area and will complement the existing residential developments. • Chapter VII, Page 103 -Mixed Use Community Standards - Up to 25 acres is permitted for non-residential uses; up to 200,000 square feet of non-residential building area; residential densities of 3 to 15 units/acre. As part of PP and AZ applications, the applicant is proposing approximately 10 acres for non-residential uses. The proposed commercial development is proposing non-residential building sizes between 3, 720 and 15,140 square feet. None of these buildings are expected to exceed 20, 000 square feet and at build out the projected is estimated to total 90, 000 square feet. As mentioned above, the applicant is proposing a wide variety of non-residential uses. Staff is supportive of the mixed commercial uses and finds the proposed development to be in substantial compliance with the City's Comprehensive Plan. • Mixed Use standards, pages 102 and 103, Chapter VII: Purpose Statement: The purpose of the MU designation on the Future Land Use Map is to identify key areas which are either infill in nature or situated in highly visible or Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 transitioning areas of the city where innovative and flexible design opportunities are encouraged. The highly visible location of this property, at the corner of Ustick Road and Venable Lane makes it a good candidate for a quality mixed use neighborhood development. Fifth Bullet, bottom of page 102: Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged. Staff believes that the proposed development will be compatible with the surrounding residential properties. The submitted concept plan indicates office buildings and a daycare center are proposed adjacent to the residential subdivision to the north. A single family home is also located west of the development. Office uses and daycare centers are typically transitional uses adjacent to residences. In addition city code requires a 25 foot wide landscape buffer when commercial uses are adjacent to residential uses. The applicant will be responsible for installing a 25 foot wide landscape buffer at the time of CUP and/or CZC approval for buildings located adjacent to the northern and western property boundaries. ~ Sixth Bullet, top of page 103: A mixed use project shall include a principal use (retail, office, professional or residential) and at least one other type of land use. Exceptions maybe granted from smaller site on a case-by-case basis. Staff is supportive of the mix of retail/commercial, office uses and personal and professional services proposed for this site. Although the applicant is not proposing a residential component with this development, staff believes the development will provide essential services to the residents of the area, thus meeting the intent of a mixed use development. Eighth Bullet, top of page 103: All mixed use projects shall be directly accessible to neighborhoods within the section by both vehicles and pedestrians. The conceptual plan provided by the Applicant shows excellent connectivity between the residences and businesses as well as from the adjacent sidewalks on the streets. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-21ists the permitted, accessory, and conditional uses in the C-C zoning district. The site is intended to develop with office uses, boutiques, restaurants and retail stores which are listed as principally permitted uses in the C-C district. The submitted concept plan also indicates a daycare center and drive through establishments which require CUP approval in the C-C zoning district. There is a maximum building size in the C-C district of 60,000 square feet before administrative design review is required. b. Purpose Statement of Zoning District: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures 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 Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 a. Analysis of Facts Leading to Staff Recommendation: AZ Application: The applicant is proposing a C-C zoning designation, which is generally consistent with the proposed Mixed Use -Community Map designation for this site. Approval of the subject annexation and zoning request would allow the Applicant to obtain commercial (C-C) zoning designation for the subject property. The Applicant has submitted a preliminary plat, a conceptual development plan and building elevations showing how this site may develop with a mix of limited retaiUoffice uses, drive through businesses and a daycare center. According to UDC 11- 2B-1 and UDC 11-2B-2, some of the uses proposed for this site, retail stores, professional offices, restaurants, and financial institutions are permitted uses in the proposed C-C district. However, daycare centers and drive through establishments require CUP approval. As stated earlier, the applicant is not proposing a residential component with this development; however, staff believes that there is sufficient residential development in the area to support the proposed non residential uses proposed. The applicant has indicated in the narrative that the development is intended to be a local gathering place providing pedestrian friendly neighborhood commercial services. Based on the policies and goals contained in the Comprehensive Plan and the proposed Future Land Use Map designation of Mined Use -Community for this property, Staff believes that the requested C-C zoning district is appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and findings for an annexation. The annexation and zoning legal description prepared by Robert G. Hinckley, PLS, dated August 8, 2007 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. Development Agreement (DA): UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council with the authority to require a property owner to enter into a DA with the City of Meridian that may require some written commitment for all future uses. Due to the location of this development, adjacent to residential development and along a major roadway, and the proposed mix of commercial uses, Staff believes that a DA is necessary in this instance. If the Commission or Council believe that additional or different DA provisions then are provided herein are necessary to ensure that this properly is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties, Staff recommends a clear outline of the commitments of the developer be made. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The Applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. The DA shall incorporate, at a minimum, the provisions listed in Exhibit B of the Staff Report and be approved by the Council within 6 months. Concept Plan: The Applicant has submitted a concept plan demonstrating how the site is to most likely develop. The concept plan shows 10 office/retail buildings and one daycare building located in the northeast corner of the development. The square footages for the buildings are expected to range between 3,720 and 15,140 square feet. The applicant has indicated in the application that cumulative square footages for the commercial site is not to exceed 90,000 square feet which is well below 200,000 square feet allowed for commercial uses within the Mixed-Use Community designation. Staff is limiting the development to not exceed 108,000 total square feet of non-residential uses on the site (90,000 total square feet X 20% allowance). Further, staff is Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 9 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 recommending that no one building exceed 20,000 square feet. All commercial buildings will require future CZC approval. The concept plan also illustrates the pedestrian feel of the development by providing outdoor seating areas for future patrons and the proposed buildings are tied together with decorative concrete pathways providing excellent pedestrian connectivity. Some of the required parking is also located adjacent to wide pedestrian corridors lined with trees that add to the pedestrian ambiance of the development. Staff is supportive of the conceptual site design for this parcel and the proposed uses within the development. Building Elevations: The applicant has submitted a conceptual streetscape for the proposed development. The conceptual streetscape reflects three different buildings with similar architectural elements and accents. Each facade of the buildings show substantial glazing with brick accented pilasters and metal canopies to provide shade and sitting areas for future patrons. Another elevation details some of the architecture incorporating flat and pitched roofs into the design with building materials varying from wood lap siding and stucco with brick veneer pilasters adding articulation to the facade of the building. The largest of the three buildings still uses the same building materials but features a substantial portico scaled to the size of the building and constructed with the same materials as the building. Staff believes the massing and scale of the proposed buildings is appropriate to a development of this size. Staff is supportive of theses building elevations and building materials. PP Application: Dimensional Standards: There are no minimum setbacks, lot size, or street frontage requirements for lots in the C-C zone. The maximum building height allowed in the C-C zone is 50 feet and the maximum building size allowed without design standard approval is 60,000 square feet. Future buildings proposed on the subject lots shall meet the minimum dimensional standards listed in UDC 11-2B-3 and #6h above. Access: The preliminary plat shows two full-access public streets into the development. The public street that runs north-south (Buckstone Avenue, located 330 feet west of Venable) provides access to Ustick Road and connectivity to the adjacent residential subdivision to the north. The public street that runs east-west (Cooper Lane) provides access to Venable Lane, aligns with the existing commercial development to the east and stubs along the western boundary for future connectivity. A revised plat has been submitted to Staff, after the applicant received ACRD comments. ACHD has conditioned the applicant to construct the northern portion of Buckstone Avenue as a 29 foot street section. However, if Lots 1-6 of the proposed plat are consolidated, the applicant will have to provide across-access easement in lieu of the public street section to connect the existing Buckstone Avenue to Cooper Lane. The revised preliminary plat still shows a 29 foot street section; however the applicant is proposing if Lots 1-3 of Block 3 and/or Lots 1-3 of Block 4 are consolidated, a public street will still be required from Venable Lane to stub to the property to the west. Further, a vehicular connection from the existing Buckstone Place to the north to Cooper Lane should be provided. Except for the accesses mentioned above, a note shall be placed on the final plat prohibiting direct lot access to Ustick Road and Venable Lane. Because the concept plan shows shared access points, across-access easement/agreement shall be recorded for all commercial lots within the subdivision to use the drive-aisles and said easement shall be noted on the final plat. Landscaping: The total landscape area for the site is 21 percent which is considerably more than the 10 percent open space the UDC requires for residential subdivisions of equal size. The intent Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 of this request is to create a pedestrian friendly environment and complement the surrounding residential communities. Staff fords the applicant has provided an abundance of landscaping on the site. Street Buffers: Ustick Road is designated as an arterial roadway and Venable Lane is classified as a collector. The UDC requires 25-foot wide landscape buffers adjacent to arterial roadways and a 20-foot wide buffer adjacent to collector streets (UDC Table 11-2B-3). On the landscaping plan the applicant is showing a 20 foot landscape buffer adjacent to Venable Lane and 25 foot landscape buffer along Ustick Road. Alternative Compliance: UDC Table 11-2B-3 requires a 10-foot wide landscape buffer along locaUcommercial streets. The applicant has requested alternative compliance to reduce the required 10 foot landscape buffer to 5 feet. The applicant is proposing to bring the buildings near the sidewalk and have on-street parking. The UDC required landscape buffer does not accommodate this design. In lieu of the 10-foot wide landscape buffer, the applicant has provided 5 foot perimeter landscaping with a minimum detached 5-foot wide decorative stamped concrete sidewalks adjacent to Buckstone Avenue and Cooper Lane (there are several areas where the stamped concrete sidewalk is 10 or 12-feet wide). In addition, the applicant is proposing two center medians located in the southern portion of Buckstone Avenue. The center medians are located along the southern portion of Buckstone Avenue but do not meet the minimum 8 foot width required per city code. Staff is supportive of the applicant's alternative compliance request but the applicant should revise the landscaping plan to depict a minimum eight-foot wide center median, measured inside of curbs, prior submittal for the final plat. In Lieu of the 10 foot wide landscape buffers along streets, staff supports and approves ALT-07-016 associated with the fmdings in Exhibit D. Existing Trees: There are 8 existing Cottonwood trees on this site. The applicant states they are to be removed during construction. Any existing tree on-site tree over 4" in caliper that are 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 has indicated on the submitted landscape plan that the trees are to be evaluated by Elroy Huff at the Meridian Parks Department, for any mitigation is that may be required. Land Use Buffers: If the subject annexation and zoning application is approved, commercially-zoned property will be adjacent to existing and proposed residential properties to the north and west. To buffer the existing and proposed residential land uses to the north and west from future commercial (C-C) uses on this site, a minimum 25-foot wide landscape buffer should be installed (UDC Table 11-2B-3). The submitted landscape plan indicates a 25-foot wide landscape buffer adjacent to the residential subdivision to the north and a 20-foot buffer along the western property boundary. The applicant is to provide an additional 5 feet of landscaping (25-feet total) to the west property and construct materials in accordance with UDC 11-3B- 9. Internal Landscaping: The submitted landscape plan shows landscaping within the parking lots. The proposed parking areas meet the current landscaping requirements. It is important to note: all internal and parking lot landscaping will be reviewed with aCUP/CZC application. 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 commercial development. Prior to the City Engineer's signature of the final plat, all e~sting buildings on this site shall be removed. Settlers Squaze -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 11 • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 Fencing: The Applicant is not proposing/showing any new fencing on any of the submitted plans. Permanent fencing is not required. However, if permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit for this site. During the public hearing, the applicant shall verify if permanent fencing is proposed for the development. 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. Staff recommends approval of Settlers Square (AZ-07-018/PP-07-024/ALT-07-016), as presented in the Staff Report for the hearing date of December 6, 2007, subject to the Findings of Fact listed in Exhibit D and subject to the conditions of approval listed in Exhibit B. The Meridian Plannins & Zoning Commission heard these items on December 20, 2007. At the public hearing the Commission moved to recommend approval of the subject AZ, PP and ALT request. 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: November 29, 2007) 3. Landscape Plan (dated: September 11, 2007) 4. Concept Plan (dated October 29, 2007) 5. Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. Ada County Highway District 8. Settler's Irrigation District 9. Central District Health C. Legal Descriptions & Exhibit Maps Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 Y t: ~; #: ~: ~ f t ; ; ~~ , i : ~ ~ ~. I ~ - ~ ~~ i .'~ ;~ .~ t ;~ ?! ~. t f: (' ~ t +~ ~ ~` ~ i; i" i .~~ ~ i~, { iy 1 ` f ~ f ~! i _ ~ j ~~ '' PAGE 12 r~ ~~ ~ }- I ti ~ r: • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING-DATE OF FEBRUARY 19, 2008 D. Required Findings from Unified Development Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 t 1 i~: ~ ~ ~ ~: ~ R> 7 f ' ~I ~~i ' ~ ~ l I ; ~ l ~ ~ ~~' ~ % 7 ~ I . ;; . ~ 'fi ~ 4 " n ~ s 4 -' 3 5~ ~. e ~ „ s j ~ , ~ ~ . ~ ~ t ~ f t ~ i S ~ E ~ r ~ ~ ~o . 1 ~ ~. r r a 1 ' t t G. I i ~ r iii ~~F .F ~{ '.~ ' t i!~l 3 7 S i; :~ 1 ( ~ ; ~ , +~ ~~ ~8~~ ~ ~ ji ~,. i ~ ~. ~ i F' ~ ~ j $ X ~{ is ; ~~ ~ ~j . _ P 'i. ~ ;~! ~ ~ Ri ~A ~` ~ p~! 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N / Z N R A 0 R N R-4 T '" ~` A 0 D ~\ ~` - ' - AS IB DR w ~ '' c~ ~~ubject Site UT ~ I L-0 ~~-r - , j k STICK Rb C-N W US ICK RD _i ~i ---, r ~ C2 E RU W R S LO _ ~`~~ ~~ RUT ~~;, K T D R Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 Preliminary Plat xors~~a F1 l ~ ~~a ~ ~~ ~I ~ ~ x a ~~ ~~~ ~ ~~ ~~ ~~ I;~4 ~~.~ wo &, ~~~ ~~Z~ x d~ ~ ~i~ ~ ~~~~~~c~ rg@a a ~~~~~ ~ a~~~~~g~ ~i 9 Y AA ~ ~ 1~~ I ~ ~9° ~I 1 ~ ~ 1~1~1~~~~~~~ ~~ e~~~~lia~~~ ~ E~ ~ a ll~ n ~ ~ ~+e v a e. o op 2p p _ p p 6 ~!@ ~~g ~~ ~~~ i~l~ ssava§laa~ ~~y~~~C~~ie~~~1~~ ~ p _ ~ ~ s s ~ ~ i i "-~ ~~ 1 ~ 1 I~~~~~~~~~~s~~~6 ~ s ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~ ~, ~ ~ ~ IIp ,I{ IIj, III III ~~I I ~O~® ev~OA• a e~ ~~g~ ~~ -- ~ Exhibit A 0®6-M (6Y6) 9UN ®lPl 9 {WU_SpOHtl ~f ~ iA 80 ~ ` ,` IO' 9969 01 :509 Alet-CI ~ ~ ~ ~ m ~ 'IB~48889 ~~ ~. /.OQ~ Rm ~ 091-a ae ~ [ ~ s3uaoao~ ,.... ~ a ~ ~ ~ Gia ~N ~~Ia~ o xaun m ~ reoa ,~ ~®a ~ CITY OF MERIDIAN PLANNING D~ TMENT STAFF REPORT FOR THE HEARING~ATE OF DECEMBER 6, 2007 Landscaping Plan Exhibit A ,3 1, ii ~~ ~ waems pll8E8~ ~ ~ rl lid ftldV ~'1 I ~f~~ 9 c p eme om m P a ~ed '~~ ~, °~~'i ~ ~a€ I ~~® ~ ~ ~,~ ~~ a ~~~! ! i ~ s ~ ~s ~ ~! ~ ~ t ~I ~b ~. ~~ .:.~~ ® o I ~ ~ ~ r ~ i ~ r 1 t t ~ t $0 }} ~ a ~ ~ ~¢ ' ~~ ~ E' ~ ; 1 ~ ~ ~ { ~ 2 ~ y y 3 ~ i' a ~ f. _ t' i E ~ } ; Y ~ a i r ~ . ~ . ~ ~ i , S 1 = ~ , ++ Et ~ ` " ~ ~ ~ ~ ~ E~ ~ 2 ~ 1 ~ ~ ; {' i k ~ ~ F ~ t ~; } ~ ~ ~ ~ ~ ~ t ~~ i t y ~ 1 i '' ? 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[ a "v ~ :i ~- ~ ~ ? ~x ~ h ~ ~ 9 { ~ ~ {{ k f ~ 1 ,~: ~ t 1 ~ 3 ~ ~ f_ ~ * ~ ~ ~i ~ f ~ 2 ~ b . ~ ~ fi'3' S ! 1 ~ i ~. ~ . ~ ~ ~ ~. ~ ~ f. f i { ~ P ~ f ~ i ~ {B ~ ' ~ ~ ~ ~ S [[ ~ ~ i k . k R ~ ~E i!! j l . ,~ ~ ~ + ~ ~ ~ ~ 7 ~ ~ ~ G ~ ~ ~ # ~ i ~ ,tf F ~ r t ~ ~ ! ~ ,~, ~ ?~' ~ ~ ! 1 ~ ~ ` t y i ~ x ~ t i ! ~ ~I ~' ,, t ~ ~ ~ I ~ i ! ~ . ~ ~ ,a~ ~. ii i 7 ! ~ ~ ~ ,i ~1 ~ . j ~ i i ~ $ ~ ~ 1 ~ i { ~ ~ ~ ~i ,`~, ~ a j~ i g ;~ ~~ ~ . s{ ~ ~~ r CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING~TE OF DECEMBER 6, 2007 Exhibit A ~° O ® A C O O ~ P'f ~ 61 N Q {/1~ m N N V m V F ~~ ~~ f~ ~ m N m Z H o$ O H N C ~ffi m CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN• TE OF DECEMBER 6, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION/ZONING 1.1.1 The annexation and zoning legal descriptions submitted with the application (stamped on August 7, 2007 by Robert G. Hinckley, 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 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 898-5506 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: • Development of the property shall substantially comply with the commercial elevations and the conceptual site plan submitted with the subject application (see Exhibit A), as determined by the Planning Director, including the concepts outlined below. - Pedestrian connections shall be constructed between commercial buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as proposed. - Commercial structures shall be built adjacent to roadways with on-site parking to the rear and sides of the structures; as proposed (on-street parking is approved). - Building materials (stucco and wood siding, architectural composition shingles, metal awnings and brick veneer accents), architectural elements (50 % glazing on ground level, metal awnings, brick veneer pilasters, and entry way porticos on the larger scaled buildings). - A minimum of 7 buildings with no one building exceeding 20,000 square feet. The maximum allowable non-residential square footage for this development shall be 108,000 square feet. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • T'he Applicant shall be responsible for all costs associated with sewer and water service installation. • The following shall be the allowed uses on this property: Permitted and accessory uses within the C-C zone. All conditionally permitted uses on the subject site shall be subject to CUP review. • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfaze by reason of excessive production of traffic, noise, smoke, fumes, glaze or odors. • The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit approval from the Planning Department prior to any commercial building construction on the subject property. Exhibit B CITY OF MERIDIAN PLANNINGRTMENT STAFF REPORT FOR THE HEARIN~ATE OF DECEMBER 6, 2007 • Except for one public street access to Ustick Road, one public street access to Venable Lane, the stubbing of Cooper Lane to the west and the connection of Buckstone Avenue to the existing residential stub street to the north; no other access points shall be allowed. Construct a 25-foot wide landscape street buffer along Ustick Road and 20-foot wide landscape buffer along Venable Lane. • Construct a minimum 25-foot wide landscape buffer between all C-C zoned property and residential uses. PRELIIVIINARY PLAT Site Specific Conditions 1.2.1 The preliminary plat prepared by Treasure Valley Engineers, dated November 29, 2007 (attached in Exhibit A), is approved, with the conditions listed herein. Any future development agreement shall also be considered conditions of the Preliminary Plat (PP-07-021). 1.2.2 Except for the full-access public streets into the development (one to Ustick Road and one to Venable Lane), access to Ustick Road and Venable Lane is prohibited. Place a note on the face of the final plat prohibiting direct lot access to Ustick Road and Venable Lane. Cooper Lane shall be stubbed to the west side of the property for future connectivity, as proposed. Buckstone Avenue from the south shall be extended into the site. 1.2.3 Across-access easement/agreement shall be recorded for all commercial lots within the subdivision. All lots within the subdivision shall have access to the public streets via drive aisles. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat granting said cross-access. 1.2.4 Prior to the City Engineer's signature on the final plat, all existing structures shall be removed. 1.2.5 The landscape plan prepared by South Landscape Architecture, dated September 11, 2007, labeled Sheet L-1 (attached in Exhibit A), is approved with the following notes/changes: • Provide a minimum 25-foot wide landscape buffer along Ustick Road and a minimum 20-foot wide landscape buffer along Venable Lane. All landscape materials shall be installed in accordance with UDC 11-3B-9, Landscape Street Buffers. • Provide a 25-foot wide landscape buffer adjacent to the existing residential uses to the north and west of the site. All landscape material shall be installed in accordance with UDC 11-3B- 9, Landscape Buffers to Adjoining Uses, and create a barrier where the trees touch at the time of maturity. • In lieu of the 10-foot wide street buffer adjacent to Buckstone Avenue and Cooper Lane, the applicant shall construct minimum 5-foot wide street buffers, and brick/stamped concrete walkways. Further, two center medians located along the southern portion of Buckstone Avenue as shown on the concept plan shall be constructed. Said medians shall be constructed at a minimum of 8-feet in width, measured inside of curbs. See ALT-07-016. • Per UDC 11-3B-10, the Applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF DECEMBER 6, 2007 Submit revised landscape plans to the Planning Department with the submittal of the final plat application. 1.2.6 This subdivision lies within the Settlers' Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, 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. 1.2.8 All development improvements including water, sewer, fencing, landscaping and pressurized irrigation shall be installed and approved prior to obtaining Certificates of Occupancy. 1.2.9 A letter of credit or cash surety in the amount of 110% will be required for all required fencing, pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the final plat. 1.2.10 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. General Conditions 1.3.1 Sidewalks/walkways shall be installed within the subdivision and along the adjacent streets pursuant to UDC 11-3A-17. 1.3.2 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. 1.3.4 Temporary construction fencing to contain debris shall be installed around the perimeter prior to issuance of a building permit. 1.3.5 Staff's failure to cite specific ordinance provisions does not relieve the Applicant of responsibility for compliance. 1.3.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B- 7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in North Venable LN and W Woodpine St. The applicant shall install mains to 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 North Venable LN, W Ustick Rd and W Woodpine St. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Exhibit B -Page 3 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF DECEMBER 6, 2007 2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11"map with bearings and distances (marked EXIiIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval ornon-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. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING TSATE OF DECEMBER 6, 2007 2.14 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.17 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.18 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.20 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.21 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. MERIDIAN 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 %a" 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 corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 around on streets greater than 150' in length with no outlet. Extend Buckstone Avenue from the north. 3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.5 For all Fire Lanes provide signage "No Parking Fire Lane". 3.6 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. 3.7 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.8 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. 3.9 Maintain a separation of 5' from the building to the dumpster enclosure. 3.10 The Fire Dept. has concerns about addressing and the address being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.11 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.12 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.13 Where a portion of the facility or building 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). 3.14 All Daycare's with 7 or more children must pass an inspection using the criteria of the Idaho State Fire Marshal. If the applicant has concerns about meeting the State Fire Marshal criteria an inspection will be completed at a cost of $20. 3.15 There shall be a fire hydrant within 100' of all fire department connections. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 3.16 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 4. MERIDL~N POLICE DEPARTMENT 4.1 The police department has no concerns related to the site design of this project. 5. PARK5 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (iJDC 11-3B-10) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 6. SANITARY SERVICES 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Dedicate either 48 feet ofright-of--way from the existing centerline of Ustick Road abutting the parcel. The right of way purchase and sale agreement and deed must be completed and signed by the applicant prior to the scheduling of the final plat for signature by the ACRD Commission or prior to the issuance of a building permit whichever comes first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.1.2 Construct a 5-foot wide concrete sidewalk located 41-feet from the centerline of Ustick Road along the entire site frontage. 7.1.3 Do not make utility street cuts in Ustick Road abutting the site without approval in writing by the District. This section of road was paved in March 2007 and is subject to the 5 year cut moratorium. 7.1.4 Complete Venable Lane as a 40 foot street section with vertical curb, gutter, and 5 foot attached concrete sidewalk abutting the site. Connect sidewalk with the existing improvements to the north. 7.1.5 Construct the north portion of Buckstone Avenue as a 29 foot street section (measured from back of curb to back of curb) with vertical curb, gutter and 5 foot attached concrete sidewalks inside 42 feet of right of way. In the event lots 1-6 are consolidated on the final plat, the applicant shall provide, in lieu of this public street section, a public cross-access easement to connect the south portion of Buckstone Avenue with the stub street in Woodburn Subdivision to the north. 7.1.6 Construct the south portion of Buckstone Avenue as proposed with drive aisles 21 feet wide (measured from back of curb to back of curb) and islands at least 4 feet wide where it is divided, and vertical curb, gutter and 5 foot attached sidewalks along both sides. Where parking aisles are located, construct a 30 foot wide divided street section. Construct Buckstone Avenue with vertical curb, gutter and 5 foot attached sidewalk. Buckstone Avenue shall intersect with Ustick Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 Road no closer than 330 feet from Venable Lane (measured centerline to centerline). The District may restrict Buckstone Avenue to right in/right out at some time in the future. 7.1.7 Construct traffic islands with trees at least 6 feet wide with root barriers or 8 feet wide without. 7.1.8 Construct Cooper Lane as a 42 foot street section (with 9 foot pazking aisles as proposed) with vertical curb, gutter and sidewalk aligning with the private drive in Cedaz Springs Professional Center to the east and terminating as a stub street to the west. Install a sign at the west terminus of Cooper Lane stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.9 Provide a temporary public turnaround easement in the driveway neazest to Cooper Lane's east terminus to expire when Cooper lane is extended to the west. 7.1.10 Construct all commercial driveways onto Buckstone Avenue and Cooper Lane as proposed. Driveways must be no wider than 36 feet and paved their full width at least 30 feet into each site. If constructing curb return type driveways, 15 foot radii will be required. 7.1.11 Comply with all Standazd 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 aze prohibited from being located within any ACHD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old aze 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 prepaze 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 is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spaze or filled) aze compromised during any phase of construction. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 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 properly unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. SETTLER'S IRRIGATION DISTRICT 8.1 All irrigation /drainage facilities along 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. Settler's Irrigation District owns the pressurized irrigation system within the Woodburn Subdivision. This development may connect to the existing system in accordance with SID's standards, specifications and policies. 8.7 This property lies within the Settlers Irrigation District's service boundary 9. CENTRAL DISTRICT HEALTH 9.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 9.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 9.3 Run-off is not to create amosquito-breeding problem. 9.4 Central District Health will require plans be submitted for a plan review for any: food establishments, grocery store, beverage establishment and child care center. Exhibit B ~E ~ '~ ~ ~ ~ _ ~ r ~i ~ ~ ~ f i ~ f. ~ _ ~~ ~ ~~, I t t` ~ '~ ~ ~ R ~` Ij, ~ t j' ~ ~ 1' ~ ~' ~ ' d 13 I 1 L 0 E i y S ~~ ~f~ V 1 : ~ 1 ~ 1 333 q F I t 7 a a j ~ 1 i~ j~ u ~ • ' . ~ ~ } ' ~ ~ ~ ~ 111 ~ ~ ~ ~ ? i r 7 ;I ; 4 z ~ ~ F ~ ~, F y ~ fif ~ # ~ 1 i i ~ j ~{{ ~ ~ S ~ ~ t F' I 1 t ~ ; ~ t , ; t ~ f ~ , ~' ~, 7 ~ t ~ ~ ,1 1 & [ ~ F ~ i E S ~ ' l` , I 'I ~ 1 ti ~. ~ ~ ~ i s' . E. f' ~' r ~ 1 ~ ~ g ~ #': V < Y ~ I r' ~ h f jj ~ ~ fS t . ~ } ~ ~ F- ~ ~ ~ 'j k < i ~ ~ ~ ~ ~ ~ # ~ C~ I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN®ATE OF DECEMBER 6, 2007 Exhibit C -Legal Descriptions & Exhibit Maps ~~ PARCEL BFSCBIP7TON Aagmt 2, 2007 PROJEG°f; Scttletg Synare PARCEL NO : 05113.01 A pmoel of lead being a portlan ofthe Nast ll2 of the SW 1/4 of the SW 1/4 of Seetaon 36, T. 4 N, A 1 W BM., Ada County, Idaho, refinenclag R.O.S. Na 7241, more pattfcotm~ly descslbed as Follows; BEGINNING ~ the found braes cap, (arasrecard instrthnent #103101927), taark~g the loath'!, oases of said Section 36; Them North !~" 44' 00" West coiacidrat with tIm sout$ Tme of sabi Section 36, a darts of 665.56 feeh, Thence North 00°23' 29" F,~, 666.Q0 feat to a foand S/8" tiebar/pIast3c rap L.S. 10782; Thence Soaih 88° 44.03" East, 666.17 feet Ls the east tine ofsafd SW l/d of Section 36; Theaa South 00°26' 38° West coinddent veldt said east lice ofthe SW 1/4 afsa3d Section 36, a distenco of656:00 fat to the PAINT OF BEGINNING. Tho patwl above descnbed mans 10.18 acre mono or less Togedeer with and snbjed to covenaffi. and ~r7rdioas of tecand or otherwise & REVI P YAl. 9Y °,~~° i ~alYd Pt.16C4G ~~ e~rd~. Exhibit C 7-O'7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING TE OF DECEMBER 6, 2007 EXHIBIT "A " AN1~'EXATI0IV DESCRI~'TIC?N A FOBTION OF ?&B E'1/2 OF 1'HB SA 1/4 OF P98 SR 1/4 OF SECTION 38, 20ANSffiP 4 XOBP9, tt~lYCE 1 ASST, BOISE ElSRIDId1V ADA COiJN1Y, B1dS0 ED07 888.17 I~ I I I I I I I I I J I ~ n~ I ~F~~ I I ~ I ~ ~+r-ar-~wY I FOI M. ~iJ1491H lNl~I i ~ ~ I i i I REVI ~ yp~ ~ I BY I I „~~a I ME~I€SiAN PU@6A~ I I U4l~~dktS B~P'& I s' erne aan~-,ar ( to a us~c ~ I ______~ ________ _________ ---J28' - ~ ~ N 88.44'00' W W. tlSTlt~( RD ~ ~~~ Exhibit C 7BBASURB YAIJ$Y ll~ ' IYQ4 ~ S7R&Al' MIRP9 .~ IPd10•d, /OA60 B9BB7 taa (Eaa) 4ea-~ss~ ~' eN6~~PIANN~•,S~PBTd&4 mril~Tfrar~eYalle~Basiaee~arnm Vl9l? OI/R A'&B 91T& rmr.Treae0reYellerEnelaeetaeom a c ~ ~ `!. S i t <~ ~~ s ~ .$ I f i ~ 2. ~. ~ f r ~ I ~~ r ~ ~ } ~~ ~ ~ ~ ~ i ~ ~; ~ f~~ j e ~ ~ ~ ~ + t i ~i ~ i ~ C r .t '~ ~ 3 ~ i r ~. ; ~ ~ s r ! u( ~ ~ = I ~ f S 1 ~ ~ ~ ~ .~ _~ ~ ~ r I 1 ~ ~ ~ ' j ~ ( 1 !!! ~ ~ y( f ~ ;. t, ~ ~ E _rj ~t iE ~ I~ ,~ ~ ~~ ~ i , ! ~ ~ ~ i i ~ ~ ~ .. ~ ~7 t i ~ t ~ } ~ ~ S S 'a ~ , I ~° ~ ' ~ ; 1 ~ ~ i ~ 3 , ~' r ~; ~ r e t i ~ q~ 3 3 i ~ ~~ ~ ~!~ y ~ ~y ~ t q i t ; ; ~ F Y 9 9 i g 9 + # ~q ° CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN ~TE OF DECEMBER 6, 2007 D. Required Findings from Unified Development Code 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 C-C. The City Council fords that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council fords that professional offices, retail uses, restaurants and medical clinics would be permitted uses and drive through establishments and daycare centers are conditional uses within the C-C district. The City Council finds that future development of this property should comply with the established regulations and purpose statement of the C-C district, if the DA provisions aze adhered to. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council fords that a zoning amendment to C-C 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. 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 C-C 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 C-C would be in the best interest of the City, if the Applicant enters into Development Agreement (DA) with the City, as mentioned in the Staff Report. 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 Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 6, 2007 adopted Comprehensive Plan. The City Council supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council fmds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the 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 fmding. (See Exhibit B 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 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. Alternative Compliance Findings: In order to grant approval for alternative compliance, the director shall determine the following findings: a. Strict adherence or application of the requirements is not feasible; OR The City Council finds the 10 foot landscape buffer adjacent to local streets is not feasible for the design of this proposed development. Staff believes the applicant has met the intent of the code by landscaping 21 % of the entire site and designing pedestrian pathways and 5 foot landscape buffers that compliment the existing northern residential neighborhood and provide excellent connectivity for future patrons of the development. Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN OTE OF DECEMBER 6, 2007 b. The alternative compliance provides an equal or superior means for meeting the requirements; and The City Council finds the alternative compliance does provide a superior means for meeting the City's landscaping requirements. The City Council fords the conceptual landscape plan incorporates innovative design by using center medians along the southern portion of Buckstone Avenue and incorporating 5 foot wide landscape buffers along the public streets with 5 foot detached decorative stamped concrete. The City Council finds this design to be more compatible with the residential subdivision to the north. Additionally the City Council finds this design contributes urban streetscape and adds to the pedestrian fi-iendly environment of the development. Therefore, The City Council supports the proposed concept landscape plan, as depicted in Exhibit A. c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The City Council fords that the proposed alternative will not be detrimental to the public welfare or impair the use /character of the surrounding properties. 4 } d s. a ti } !. Exhibit D f t I ~ ~' I ;-- 'C j!! ~. i { r << t. ~° f`, ~ ~... i E: ~.. ~~ c l~, ~ f~ t b i c f: t !~` ft ~' ~ F ~~ ~ ~. j[F ~ d ~ i ~: ~, E ~ 1 :' i i Y- r `r f i March 21, 2008 PP 07-024 MERIDIAN CITY COUNCIL MEETING March 25, 2008 APPLICANT Seagle Three, LLC ITEM NO. 5-B REQUEST Findings for Approval -Request for Preliminary Plat with 12 commercial building lots and 2 common lots on 9.764 acres in a proposed C-C zone for Settler's Square Subdivision - 870 West Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See aftached Findings CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~Q.rb ~~ Date: 3 Zq' Phone: ~-E'(,O?,- 03~ Emailed: ~[1Q(~~'f 1/Plfrle_~~~ Staff Initials• Materials presented at public meetings shall become property of the City of Meridian. t ~ ~ I~ 1 f i ~1 ~ I t I ~~ ~4 G? ~ t ~ % ~i ~ rtA 'S f I~, ~f ~f r i r;, ,~ ~ Ip o a f ~ ~ ~ f ~ ~ ~ ~ ~ ~ ~ ~i ~~ i~ ~ ~ ~ ~ E k ~ ' ' ' l , ' ~ ` i i. ~y f ` ~~ _ ~ . t ~ ~ i I ~ f ~ l k _ j ~~~j> ' ~ ~{ ' ' 1 ' ~ 't t .~ ~iSL ~ -7 1 ~ r EIC ~ +f ~ ~ r ~ ~ I E ; i i ~ f~ r i ~ ~ E r$ ~ 4 ~ r E d ' ~ 4 ~ ~ ( r ~, t ~ II s, , ~ ,, ~ ~ ~ ~ ~ i ., ~ ~ ~ ~ i~ # F ~ G ~ I ~ = y ~ : S q ~ ~ ~ ' ~; ~ ~ i ~ k ~ ~~ ~ ' i f ~ a ~ t f ~ ~ • RECETVEI3 MAR 2 0 200 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 10.18 acres from RUT (Ada County) to C-C (Community Business District); Preliminary Plat of 141ots: 12 commercial lots and 2 common lots in the proposed C-C zoning district; and Alternative Compliance to the standard 10-foot wide landscape buffer adjacent to local streets for the Settlers Square Subdivision, by Seagle Three, LLC. Case No(s). AZ-07-018, PP-07-021, ALT-07-016 For the City Council Hearing Date of: March 4, 2008 (Continued from February 19, 2008) (Findings on the March 25, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 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). AZ-07-018, PP-07-021, ALT-07-016 -1- 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 19, 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 November 29, 2007 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 February 19, 2008 incorporated by reference. 3. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of February 19, 2008 incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-018, PP-07-021, ALT-07-016 -2- 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. Attached: Staff Report for the hearing date of February 19, 2008 By act'on of the City Council at its regular meeting held on the ~ ~ da of Y ~1., , 2008. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED~(.L~ VOTED VOTED G~~^9 VOTED. ~ G- VOTED ~~ Mayor T y de Weerd Attest: Jaycee H an, City Clerk Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By: Dated: ~"2?"D~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-018, PP-07-021, ALT-07-016 -3- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARII~ATE OF FEBRUARY 19, 2008 STAFF REPORT E IDIAN Hearing Date: February 19, 2008 ~ (Continued to March 4, 2008) TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: Settlers Square • AZ-07-018 Annexation and Zoning of 10.18 acres from RUT (Ada County) to C-C (Community Business District) PP-07-021 Preliminary Plat of 141ots: 12 commercial lots and 2 common lots in the proposed C-C zoning district. • ALT-07-016 Alternative compliance to the standard 10-foot wide landscape buffer adjacent to local streets (UDC 11-2B-3) 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Seagle Three, LLC, has applied for Annexation and Zoning of 10.18 acres from RUT (Ada County) to C-C (Community Business District); preliminary plat approval of 14 lots consisting of 12 commercial lots and 2 common lots; and alternative compliance to allow for 5-foot wide buffers with 5 foot detached stamped decorative concrete sidewalks adjacent to the proposed public streets (Buckstone Avenue and Cooper Lane) and two common lot center medians to serve as the required landscape buffer for the southern portion of Buckstone Avenue, in lieu of the standard 10-foot wide landscape buffer required by UDC 11-2B-3. The Applicant has submitted a conceptual site plan of how this site maybe developed with a mix of retail, boutiques, personal service shops, office uses, fmancial institutions, restaurants and a daycare center. The square footages of the buildvngs are expected to range in size between 3,720 and 15,140 square feet. Total square footage at build out its estimated at 90,000 square feet. On the submitted plat, the Applicant has depicted two public streets (Buckstone Avenue and Cooper Lane) that will provide access and interconnectivity for the proposed development. The public streets are to provide north-south access to Ustick Road and the residences to north, and east-west access to Venable Lane through the development and to the currently underdeveloped property to the west. The subject property is located at the northwest comer of W. Ustick Road and N. Venable Lane in Section 36, Township 4 North, Range 1 West, B.M. Currently, the site is vacant land with an existing home and two outbuildings which the applicant is proposing to remove to make way for the proposed commercial development. Tlhe subject property is within the City's Area of Impact and Urban Service Planning Area and is contiguous to the current city limits. 2. SUIVIlVIARY RECOMMENDATION The subject Annexation and Zoning (AZ), Preliminary Plat (PP) and Alternative Compliance (ALT) applications were submitted to the Planning Department for concurrent review. By City Ordinance, the Planning & Zoning Commission makes recommendation to the City Council on the AZ and PP Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 applications, and the ALT application is reviewed at the Staff level. Staff recommends approval of Settlers Square Subdivision (AZ-07-018/PP-07-024/ALT-07-016), as presented in the Staff Report for the hearing date of December 6, 2007, subject to the Findings of Fact listed in Ezhibit D and subject to the conditions of approval listed in Ezhibit B. The Meridian Planning & Zoning Commission heard these items on December 20 2007 At the public hearing the Commission moved to recommend approval of the subiect AZ. PP and ALT request. a. Summary of Commission Public Hearing: i. In favor: Alan Christy (Applicant's Representative) ii. In opposition: None iii. Commenting: David Rudeen iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: ~. The architectural design of the buildings as it relates to the Cedar Springs commercial development east of the site. fi. The alignment of Buckstone Avenue with the access in Crossfield Subdivision. c. Key Commission Change(s) to Staff Recommendation: L None d. Outstanding Issue(s) for Citv Council: i. None a~ 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 07-018 and PP-07-024 as presented in the Staff report for the hearing date of February 19, 2008, with the following modifications to the proposed development agreement and/or conditions of approval: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-07- 018 and PP-07-024 as presented during the public hearing on February 19, 2008, for the following reasons: (you should state specific reasons for denial of the AZ and PP requests.) Continuance Settlers Squaze -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 2 CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 After considering all Staff, Applicant and public testimony, I move to continue File Numbers AZ-07-018 and PP-07-024 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: NWC of Ustick Road and Venable Lane, Section 36, Township 4 North, Range 1 West b. Property Owners of Record: Seagle Three, LLC 5999 W. State Street, Suite A Boise, Idaho 83703 c. Applicant: Same as above d. Representative: Barbara Mason and Alan Christy, Treasure Valley Engineers e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Future Land Use Designation: Mixed Use Community g. Description of Applicant's Request: The Applicant is requesting annexation and zoning, preliminary plat approval for 12 commercial and 2 common lots on approximately 10.18 acres, and alternative compliance for the ten foot wide landscape requirement adjacent to local roads. h. Applicant's Statement/Justification (see Applicant's application and letter): Settlers Square Subdivision is intended to be a gathering place providing pedestrian-friendly neighborhood commercial services. Settlers Square Subdivision when fully developed will contain a mix of retail stores, financial services, restaurants, offices and a daycare center. The project will tie together through common architectural building design, landscaping, street fixtures, architectural highlights, and pathways. On-street parking has been incorporated into the design for added pedestrian convenience and promotes a casual neighborhood atmosphere. Central to the development is the creation of a "sense of place." The commercial center's mix of tenants is intended to compliment the lifestyles of the surrounding neighborhoods and support recreational activities associated with the newly completed Settlers Park. The entire project is intended to compliment the neighborhood, provide a local gathering place and a quality professional atmosphere for businesses to succeed. 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 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 City Council on this matter. c. 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 1 1, Chapter 5, a public hearing is not required on this matter. Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 d. Newspaper notifications published on: November 19, 2007 and December 3, 2007 (Planning & Zoning Commission); January 28, 2008 and February 11, 2008 (City Council) e. Radius notices mailed to properties within 300 feet on: November 9, 2007 (Planning & Zoning Commission); January 25, 2008 (City Council) f. Applicant posted notice on site by: November 26, 2007 (Planning & Zoning Commission); February 9.2008 (City Council) 6. LAND USE a. Existing Land Use(s): There is an existing home and two 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 subject site is surrounded by residential subdivisions located on the north and south sides of the proposed development. A commercial development is located east of the subject site with agas/convenience store and a mix of office uses. c. Adjacent Land Use and Zoning: 1. North: Single-family Residential, Woodburn Subdivision; zoned R-8 2. South: Single-family Residential, Crossfield Subdivision No. 4; zoned R-8 3. West: Single family Residence; zoned RUT (Ada County) 4. East: Cedar Springs Commercial Subdivision; zoned C-N d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Location of sewer: W Ustick Rd and W Woodpine St Location of water: North Venable LN, W Ustick Rd and W Woodpine St Issues or concerns: None 2. Vegetation: There are existing Cottonwood trees on the site that the applicant is proposing to remove. Contact the City's Arborist, Elroy Huff at 888-3579, to discuss a tree mitigation/protectionplan. 3. Flood plain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazards: N/A 6. Proposed Zoning: C-C 7. Size of Property: 10.18 acres f. Landscaping: 1. Width of street buffer(s): A 25-foot wide landscape buffer is required on Ustick Road, an arterial street, and a 20-foot wide landscape buffer is required along Venable Lane, a collector street. Furthermore, UDC 11-2B-3 requires a minimum 10-foot wide landscape buffer along local commercial streets. The applicant has requested alternative compliance for this section of the code to allow for 5-foot wide buffers with detached 5-foot wide concrete paver sidewalks. Additional landscaping will be provided for with two center medians dedicated as common lots (Alternative Compliance analysis is provided in Section 10 below). 2. Width of buffers between land uses: A 25-foot wide land use buffer is required between C- ?' #i ~: ': Settlers Squaze -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 4 '.. ` f ' ± . 7 s` i i c r ' ~ ~ ~ 3 E 3 `~ I i i e i~ ~, 't # ~ ~ ~ - t s e z i ~ ~ ~' t '~ ~ i ~' i s L l i , ~ f- ~ z ~ ~= ~ [~: ~ - . CITY OF MERIDIAN PLANNING D'~~'PARTMENT STAFF REPORT FOR THE HEARIN~DATE OF FEBRUARY 19, 2008 C zoned properties and residential properties. There are residential properties to the north and west of the subject site. 3. Percentage of landscaped area: 21 % of the site is proposed to be landscaped. 4. Other landscaping standards: UDC 11-3B-8 and UDC 11-3B-12 require landscaping within and around parking lots. The landscaping standards for parking lots will be applied as part of the issuance of a Certificate of Zoning Compliance permit. (see Exhibit B, Development Agreement Provisions and Conditions of Approval). g. Off-Street Parking: One off-street parking space is required for every 500 square feet of gross floor area in commercial districts, per UDC 11-3C-6B. h. Required Dimensional Standards for the C-C zoning district: C-C Dimensional Standards Front setback: 0 Rear setback: 0 Interior side setback: 0 Maximum building height: 50 feet Maximum building size without design review approval: 60,000 square feet i. Subdivision Plat Information: 1. Residential Lots: 2. Non-residential Lots: 12 3. Total Building Lots: 12 4. Common Lots: 2 5. Other Lots: N/A 6. Total Lots: 14 j. Summary of Proposed Streets and/or Access: The preliminary plat shows two full-access public streets into the development. The public street that runs north-south (Buckstone Avenue located 330 feet west of Venable) provides access to Ustick Road and connectivity to the adjacent residential subdivision to the north. The public street that runs east-west (Cooper Lane) provides access to Venable Lane, aligns with the existing roadway to the east in Cedar Springs and stubs along the western boundary for future connectivity. ACRD has conditioned the applicant to construct the northern portion of Buckstone Avenue as a 29-foot street section, however, if Lots 1-6 of the proposed plat are consolidated on the final plat, the applicant will have to provide across-access easement to connect the southern portion of Buckstone Avenue with the stub street in the Woodburn Subdivision to the north. See ACRD conditions in Exhibit B. 7. COMMENTS MEETING On November 16, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Public Works Department, sanitary Services, Meridian Parks Department and Meridian Police Department. All of the received comments have been included within this report (Exhibit B). 8. COMPREHENSIVE PLAN POLICIES AND GOALS Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 5 1 ~ a 41: ~ ~ o ~ 5 r ~ L ~~, ~ ~ - ~: j ~~ I ~ ~~ f ~~ r ~? ~ ~ ~~~ ~ li ~ ~ I ~ -~ ~! ' i ~ - f ,3 a ) ~~ .~ it ~ ~ ~', ~ #: ~ ~ { ~" ) ( s r ~ i l , l f i ~ i ~ _ .. _ ~ ~ i ~ o' f _ ~ S. ~ i ~ ~ ~ 7l 1 ~ i y ; F ~ ; ~ ~ ~ ~ '~. ~ ~ E t 1 ~ ,i' ~ ~ ~t 7 ~ , ~; !! i +j~ ~ ~ ~ ~ ~ ~ r ~ ~ ~ of ; ~, ~ ~ ~ ~" S t l ~; •!' 1 ;~ ,fie } ~ ~Iz 1 ' Y ~ ~ ~. t ~ s ~. i ; CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 This property is currently designated "Mixed Use -Community" (MU-C) with a Neighborhood Center (N.C.) overlay on the Comprehensive Plan Future Land Use Map. Neighborhood Centers are anticipated to provide a blend of high-density residential, small-scale commercial, entertainment, office and open space uses that are geared to serve all residents within a one to two square mile area. The purpose of these centers is to create a centralized, pedestrian-oriented, identifiable and day-to-day service oriented focal point for neighborhood districts. The Comprehensive Plan also defines the mixed use designation as an area that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The Mixed Use -Community designation allows residential density between 3 and 15 dwelling units per acre, up to 200,000 square feet of non-residential building area, and is intended to allow a broad range of uses. The proposed development is intended to develop with a muc of retail, boutiques, personal service shops, restaurants, office uses (professional and medical), financial institutions and a daycare center. These types of uses will provide services for the surrounding residential neighborhoods. The applicant has designed the proposed development to be pedestrian oriented. Incorporated in the site design are decorative stamped concrete sidewalks connecting each building in the development and areas are provided for outdoor seating. The proposed development will also provide vehicular and pedestrian connectivity to the residential subdivision to the north and the commercial development to the east. 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): When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed, the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACfID). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. 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. • "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 6 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 On the submitted concept plan, the Applicant is proposing one full-access public street to Ustick Road (arterial) and another full access public street onto Venable Lane (collector). Both public streets provide access and inter-connectivity to the commercial development and adjacent properties. City Staff and ACFID Staff are supportive of the proposed access points. No direct lot access to Ustick Road and McMillan Road was proposed, and none is approved with these applications. • "Require appropriate landscape and street buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) Ustick Road is designated as an arterial roadway and Venable Lane is classified as a collector roadway. By City Ordinance, a 25 foot wide landscape buffer is required adjacent to Ustick Road and a 20 foot wide landscape buffer is required along Venable Lane. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The subject site will be responsible for installing and maintaining the appropriate landscape buffers, parking lot landscaping and streetscape landscaping at the time said parcel is developed. • "Permit new ...commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Obj . A, #6) This parcel is contiguous to the city. Sanitary sewer and water are available to this parcel. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes the proposed mix of retail, office (professional and medical), daycare center, restaurants, and financial services will, in fact, contribute to the variety of services located within the area and will complement the existing residential developments. • Chapter VII, Page 103 -Mixed Use Community Standards - Up to 25 acres is permitted for non-residential uses; up to 200,000 square feet of non-residential building area; residential densities of 3 to 15 units/acre. As part of PP and AZ applications, the applicant is proposing approximately 10 acres for non-residential uses. The proposed commercial development is proposing non-residential building sizes between 3, 720 and 15,140 square feet. None of these buildings are expected to exceed 20, 000 square feet and at build out the projected is estimated to total 90, 000 square feet. As mentioned above, the applicant is proposing a wide variety of non-residential uses. Staff is supportive of the mixed commercial uses and finds the proposed development to be in substantial compliance with the City's Comprehensive Plan. • Mixed Use standards, pages 102 and 103, Chapter VII: Purpose Statement: The purpose of the MU designation on the Future Land Use Map is to identify key areas which are either infill in nature or situated in highly visible or Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 transitioning areas of the city where innovative and flexible design opportunities are encouraged. The highly visible location of this property, at the corner of Ustick Road and Venable Lane makes it a good candidate for a quality mixed use neighborhood development. Fifth Bullet, bottom of page 102: Where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged. Staff believes that the proposed development will be compatible with the surrounding residential properties. The submitted concept plan indicates off ce buildings and a daycare center are proposed adjacent to the residential subdivision to the north. A single family home is also located west of the development. Of rce uses and daycare centers are typically transitional uses adjacent to residences. In addition city code requires a 25 foot wide landscape buffer when commercial uses are adjacent to residential uses. The applicant will be responsible for installing a 25 foot wide landscape buffer at the time of CUP and/or CZC approval for buildings located adjacent to the northern and western property boundaries. • Sixth Bullet, top of page 103: A mixed use project shall include a principal use (retail, office, professional or residential) and at least one other type of land use. Exceptions maybe granted from smaller site on a case-by-case basis. Staff is supportive of the mix of retail/commercial, office uses and personal and professional services proposed for this site. Although the applicant is not proposing a residential component with this development, staff believes the development will provide essential services to the residents of the area, thus meeting the intent of a mixed use development. Eighth Bullet, top of page 103: All mixed use projects shall be directly accessible to neighborhoods within the section by both vehicles and pedestrians. The conceptual plan provided by the Applicant shows excellent connectivity between the residences and businesses as well as from the adjacent sidewalks on the streets. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-21ists the permitted, accessory, and conditional uses in the C-C zoning district. The site is intended to develop with office uses, boutiques, restaurants and retail stores which are listed as principally permitted uses in the C-C district. The submitted concept plan also indicates a daycare center and drive through establishments which require CUP approval in the C-C zoning district. There is a maximum building size in the C-C district of 60,000 square feet before administrative design review is required. b. Purpose Statement of Zoning District: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures 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 Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 a. Analysis of Facts Leading to Staff Recommendation: AZ Application: The applicant is proposing a C-C zoning designation, which is generally consistent with the proposed Mixed Use -Community Map designation for this site. Approval of the subject annexation and zoning request would allow the Applicant to obtain commercial (C-C) zoning designation for the subject property. The Applicant has submitted a preliminary plat, a conceptual development plan and building elevations showing how this site may develop with a mix of limited retaiUoffice uses, drive through businesses and a daycare center. According to UDC 11- 2B-1 and UDC 11-2B-2, some of the uses proposed for this site, retail stores, professional offices, restaurants, and financial institutions are permitted uses in the proposed C-C district. However, daycare centers and drive through establishments require CUP approval. As stated earlier, the applicant is not proposing a residential component with this development; however, staff believes that there is sufficient residential development in the area to support the proposed non residential uses proposed. The applicant has indicated in the narrative that the development is intended to be a local gathering place providing pedestrian friendly neighborhood commercial services. Based on the policies and goals contained in the Comprehensive Plan and the proposed Future Land Use Map designation of Mixed Use -Community for this property, Staff believes that the requested C-C zoning district is appropriate for this property. Please see Exhibit D for a detailed analysis of the required facts and fmdings for an annexation. The annexation and zoning legal description prepared by Robert G. Hinckley, PLS, dated August 8, 2007 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. Development Agreement (DA): UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council with the authority to require a property owner to enter into a DA with the City of Meridian that may require some written commitment for all future uses. Due to the location of this development, adjacent to residential development and along a major roadway, and the proposed mix of commercial uses, Staff believes that a DA is necessary in this instance. If the Commission or Council believe that additional or different DA provisions then are provided herein are necessary to ensure that this property is developed in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties, Staff recommends a clear outline of the commitments of the developer be made. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The Applicant shall contact the City Attorney, Sill Nary, at 898-5506 to initiate this process. The DA shall incorporate, at a minimum, the provisions listed in Exhibit B of the Staff Report and be approved by the Council within 6 months. Concept Plan: The Applicant has submitted a concept plan demonstrating how the site is to most likely develop. The concept plan shows 10 office/retail buildings and one daycare building located in the northeast comer of the development. The square footages for the buildings are expected to range between 3,720 and 15,140 square feet. The applicant has indicated in the application that cumulative square footages for the commercial site is not to exceed 90,000 square feet which is well below 200,000 square feet allowed for commercial uses within the Mixed-Use Community designation. Staff is limiting the development to not exceed 108,000 total square feet of non-residential uses on the site (90,000 total square feet X 20% allowance). Further, staff is Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 recommending that no one building exceed 20,000 square feet. All commercial buildings will require future CZC approval. The concept plan also illustrates the pedestrian feel of the development by providing outdoor seating areas for future patrons and the proposed buildings are tied together with decorative concrete pathways providing excellent pedestrian connectivity. Some of the required parking is also located adjacent to wide pedestrian corridors lined with trees that add to the pedestrian ambiance of the development. Staff is supportive of the conceptual site design for this parcel and the proposed uses within the development. Building Elevations: The applicant has submitted a conceptual streetscape for the proposed development. The conceptual streetscape reflects three different buildings with similar architectural elements and accents. Each facade of the buildings show substantial glazing with brick accented pilasters and metal canopies to provide shade and sitting areas for future patrons. Another elevation details some of the architecture incorporating flat and pitched roofs into the design with building materials varying from wood lap siding and stucco with brick veneer pilasters adding articulation to the facade of the building. The largest of the three buildings still uses the same building materials but features a substantial portico scaled to the size of the building and constructed with the same materials as the building. Staff believes the massing and scale of the proposed buildings is appropriate to a development of this size. Staff is supportive of theses building elevations and building materials. PP Application: Dimensional Standards: There are no minimum setbacks, lot size, or street frontage requirements for lots in the C-C zone. The maximum building height allowed in the C-C zone is 50 feet and the maximum building size allowed without design standard approval is 60,000 square feet. Future buildings proposed on the subject lots shall meet the minimum dimensional standards listed in UDC 11-2B-3 and #6h above. Access: The preliminary plat shows two full-access public streets into the development. The public street that runs north-south (Buckstone Avenue, located 330 feet west of Venable) provides access to Ustick Road and connectivity to the adjacent residential subdivision to the north. The public street that runs east-west (Cooper Lane) provides access to Venable Lane, aligns with the existing commercial development to the east and stubs along the western boundary for future connectivity. A revised plat has been submitted to Staff; after the applicant received ACHD comments. ACHD has conditioned the applicant to construct the northern portion of Buckstone Avenue as a 29 foot street section. However, if Lots 1-6 of the proposed plat are consolidated, the applicant will have to provide across-access easement in lieu of the public street section to connect the existing Buckstone Avenue to Cooper Lane. The revised preliminary plat still shows a 29 foot street section; however the applicant is proposing if Lots 1-3 of Block 3 and/or Lots 1-3 of Block 4 are consolidated, a public street will still be required from Venable Lane to stub to the property to the west. Further, a vehicular connection from the existing Buckstone Place to the north to Cooper Lane should be provided. Except for the accesses mentioned above, a note shall be placed on the final plat prohibiting direct lot access to Ustick Road and Venable Lane. Because the concept plan shows shared access points, across-access easement/agreement shall be recorded for all commercial lots within the subdivision to use the drive-aisles and said easement shall be noted on the final plat. Landscaping: The total landscape area for the site is 21 percent which is considerably more than the 10 percent open space the UDC requires for residential subdivisions of equal size. The intent Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 10 CITY OF MERIDIAN PLANNING D~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 of this request is to create a pedestrian friendly environment and complement the surrounding residential communities. Staff fords the applicant has provided an abundance of landscaping on the site. Street Buffers: Ustick Road is designated as an arterial roadway and Venable Lane is classified as a collector. The UDC requires 25-foot wide landscape buffers adjacent to arterial roadways and a 20-foot wide buffer adjacent to collector streets (UDC Table 11-2B-3). On the landscaping plan the applicant is showing a 20 foot landscape buffer adjacent to Venable Lane and 25 foot landscape buffer along Ustick Road. Alternative Compliance: UDC Table 11-2B-3 requires a 10-foot wide landscape buffer along locaUcommercial streets. The applicant has requested alternative compliance to reduce the required 10 foot landscape buffer to 5 feet. The applicant is proposing to bring the buildings near the sidewalk and have on-street parking. The UDC required landscape buffer does not accommodate this design. In lieu of the 10-foot wide landscape buffer, the applicant has provided 5 foot perimeter landscaping with a minimum detached 5-foot wide decorative stamped concrete sidewalks adjacent to Buckstone Avenue and Cooper Lane (there are several areas where the stamped concrete sidewalk is 10 or 12-feet wide). In addition, the applicant is proposing two center medians located in the southern portion of Buckstone Avenue. The center medians are located along the southern portion of Buckstone Avenue but do not meet the minimum 8 foot width required per city code. Staff is supportive of the applicant's alternative compliance request but the applicant should revise the landscaping plan to depict a minimum eight-foot wide center median, measured inside of curbs, prior submittal for the final plat. In Lieu of the 10 foot wide landscape buffers along streets, staff supports and approves ALT-07-016 associated with the fmdings in Exhibit D. Existing Trees: There are 8 existing Cottonwood trees on this site. The applicant states they are to be removed during construction. Any existing tree on-site tree over 4" in caliper that are 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 has indicated on the submitted landscape plan that the trees are to be evaluated by Elroy Huff at the Meridian Parks Department, for any mitigation is that may be required. Land Use Buffers: If the subject annexation and zoning application is approved, commercially-zoned property will be adjacent to existing and proposed residential properties to the north and west. To buffer the existing and proposed residential land uses to the north and west from future commercial (C-C) uses on this site, a minimum 25-foot wide landscape buffer should be installed (UDC Table 11-2B-3). The submitted landscape plan indicates a 25-foot wide landscape buffer adjacent to the residential subdivision to the north and a 20-foot buffer along the western property boundary. The applicant is to provide an additional 5 feet of landscaping (25-feet total) to the west property and construct materials in accordance with UDC 11-3B- 9. Internal Landscaping: The submitted landscape plan shows landscaping within the parking lots. The proposed parking areas meet the current landscaping requirements. It is important to note: all internal and parking lot landscaping will be reviewed with aCUP/CZC application. 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 commercial development. Prior to the City Engineer's signature of the final plat, all exsting buildings on this site shall be removed. Settlers Square -AZ-07-O1 S / PP-07-024 /ALT-07-016 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 Fencing: The Applicant is not proposing/showing any new fencing on any of the submitted plans. Permanent fencing is not required. However, if permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit for this site. During the public hearing, the applicant shall verify if permanent fencing is proposed for the development. 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. Staff recommends approval of Settlers Square (A~07-018/PP-07-024/ALT-07-016), as presented in the Staff Report for the hearing date of December 6, 2007, subject to the Findings of Fact listed in Exhibit D and subject to the conditions of approval listed in Exhibit B. The Meridian Plannins & Zoning Commission heard these items on December 20, 2007. At the uublic hearing the Commission moved to recommend approval of the subject AZ. PP and ALT request. 11. EDITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: November 29, 2007) 3. Landscape Plan (dated: September 11, 2007) 4. Concept Plan (dated October 29, 2007) 5. Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. Ada County Highway District 8. Settler's Irrigation District 9. Central District Health C. Legal Descriptions & Exhibit Maps Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 ~ ~ ~ t ~ ~ 3 ~ , I, ~ ' ` ~ ~ ~ ~ t ~ ; ! t' . j I : g S iiii fib . ~ ~ 'j~ ~' yi ~ ~ ~ ~.I { 3i ~ ~ f [p f ( ~ ~ ~ ~'. ~ t ~ ~ ~ ~ { 3 ~ S ~~ ~' H }1~ : I j { r ' , '~1 ~ ~ k E } ~r ' ~ ; 4 ~ e i ' u `~ . ~ ~ . i ' ~ 1 ~ ~ x 1 , ~~ r ~ ~_ ~ ~ i ~ t ~ ~ t } } ~ t, ;~~ ~ . '. ~ i i ~ !; ,~ i PAGE 12 s R ~ ~ ~ ; {{ } ~~tj i~ : ~ ~ ~ 4t ~ 1 ~ .. ? ! i k, h ~~ tla.~ i i C 'N i b~ ~ ~ r ~ ~ ' ~~ i i! {{ ; ~ + ~ ` ~ ~ `~ ~~ - ii' t ~ r Li ~ - i ~ } ~ . R - ffC ~ ~ i r~ ~ - . t i ~ i i~ i ~ }~) ~ ~ Ft ~~ 1 ; {i .~ ~ V ~ ' 'i , ~ G CCCC ~ Z ~ a I :~~ } ~ ~ 3 i ~ ~ i ~.~ i } . £}111LLL E 1 ,. ~ 1 ~ i a ~ ~ i ~;l~ ~ ~ ~ 1~ ~ i ' d 5 ' CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF FEBRUARY 19, 2008 D. Required Findings from Unified Development Settlers Square -AZ-07-018 / PP-07-024 /ALT-07-016 PAGE 13 ~~ , F~ ~: ~ ~ + t 9` 1 e ~ ~ ~ i a g r. E ~ i ~~ ~; ~~ ~ { }. i y 1 r,~>! 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E F ' E Z (Y~ ~ i ~ 111 { ~ F! ~ 1 + ( 4 E ~ 1~, - d 4 3 ~ i. f r : ~ ijF ttt ~• I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF DECEMBER 6, 2007 Vicinity Map Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARII~ATE OF DECEMBER 6, 2007 Preliminary Plat I' •~]F~IL'n't (i ~~ ~~ ~ ~~~ ~a ~~. ~~ o~~ °v ~~ ~~~ ~ ~~ ~~ ~~ ~~~ w ~~~ 0 ~~~ ~~~ '~ $ ~~~~ I~ ~~~ ~~~~ ~ ~ ~ i ~~~ ~ ~~t6~ . ~~~~ ~~ ~~ ~~6~a ~~ e ~ ~ ~ ~.... .. a .g ~~n = a A ~ 8 ~@~ ~®~ p~~ #~~ 8 9 5esa~~~893 ~yg5~~p~~g~i~~d~~~E p g~ _ ~ ~ 4 ~ ~ ~ 1 9 a~ ~~ ~ ~@~~@~F~~iII61s6~~ 11 ~ ~ ~ ~ ~ ~ ~ ~ ~ ®: ®~ ~ ~~ ~ ~ yyy~ II~ II ®e9 I ~ FE 9 I I I I ~ ~~ e a • 0B• e • ~ ~ ~ ~ 8 ~ ~ eP9• ii~li~ 1~~~~ Ilton ~E~~i~~~i~ w ~ aa~e b~ ~. .~ Exhibit A ~/wJn ~ ~ s3ua3aara a~a ,,,~, ~ _ ~~ry1~ t~oac a ao t 87.eU off • ~ ~o mo ,~ ~ ®. ~ 9~1111M1 ~'s, ,s~ ~, ~~ Immrm tau Wi1WY CITY OF MERIDIAN PLANNING~PARTMENT STAFF REPORT FOR THE HEARI~DATE OF DECEMBER 6, 2007 Landscaping Plan aaatvm e a !0q Om O O 06G $ ~ ~ )~ ~~ a a ~ o~ ~ ~~~ ~~~ ~ ! >~~r ~ g ~ ~~;-i }11.1 ~ a a~.~$ ® o <<_..~ Exhibit A ~ ~ k i ~ ~ s ~i ~ ~ ? ~ ~i t ~ S i ~ ~' ~ ~ ~ ~ r ~ ~`~ ti ~~ ~ ~ ~ ~ Y ~ i ;;. i :~' ~j `i ; tt p iii I' s z i i a• y ~ ~ ~ 1 ~ ; ~ f ~ ~_ ~~ ~ ~ ~, ~~ d ~i ~s t ~ 1 +~~ ~ j ~~ .! ~.! ~ t ~ ~ j i~ ~ ~ ~ ~ yS 1 1 ( f ~ t ' ` ~ ~ i~ ~! #~ 1I i; f t r x ~ , ~ , t~ ~ ~ t r. r ~ ~ i ~ ~ ;~ 3 ' '~ v , I ~ ~ 4 ~ ~ ~ ~ ~ ~~ i ,~~ ~ 4 ~ . ~ ~ ~jjj ~~ ~ t ~ 5' f $ ~ -~ t ~' [[ r, _~ CCC G # ~~ i ~~ ' ~ E 1L ~ E ~~< ' :4 ~ s ~ ~ ~ ~ [ ~~ ~' ~ ' ~ i 4t ~ f v # ti ~ ~ r yyy ~ i t ~ t' r ~ ~ ~ ~ ~ ~ ~ ~ JI ~ ~ ~ ~ ~ ' _ ~ !. k ~ ~ S ~l ~ ~ I ~ r ~ ~ ~ ~. ~ : :} . 4 t ~ $ ~ i ~ ~ ! t f CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEAATE OF DECEMBER 6, 2007 Concept Plan I i ,,, _ ~ `'~ '~, _ ~~~ ,,~ _ _' - 'y , ~, - - -~~ ~l ~._ ~ :. ,~' ~` jr ~~ ~_ i t ~~,~ ~ ~ ;._ ,. ~, ._ ~:_ ~RF ' r ~~ ; J ~-~''-t ~,, ,~~~ - _ ;i S~ - ,+ ~ r ~ti. _.~ ~ ~ ~~ r ~: :_ ~ t~, ~, ~ . ~. a ~- _ , ~ =- .: ~~ ~ j {, N ~ _ ~ i ~__ ~ - ' urr~~. .,.~. Exhibit A CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARII~ATE OF DECEMBER 6, 2007 Elevations: Exhibit A - m =~ O® o _m o ~ ~, Q m ~ m N ~ ~./~ m _ is + ® ~ V` ~S '~ CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF DECEMBER 6, 2007 Exhibit A CITY OF MERIDIAN PLANNING ARTMENT STAFF REPORT FOR THE HEARIN~ATE OF DECEMBER 6, 2007 ~ m M1 V C O o ~ m ~ V N ~ ~ ~ N ~ N L m ~ ~ Y~ m N C O m C ._ m Exhibit A { ~ ~ ~ it € ~~ ~ ~ a; r : ~ # ~ - ~, ~ ' GG 1 {{ ~ ~~ ~i ~ F ~ ~ ~.. j ' ~ 1 ~ ~~ sf s ~- S. 7 ~~ ,z )r I . e ~ ~ ~ 4 ,~~~ F ; ~ y 1 ~ ~ p ~ ~ c Y ~ ,{ r!~ J i y { i ~~ ~ S x .. ~' f I ~ } Y i C 1 ~ ~ ! ~ ~j s s ! ~ ~~ ~ ~ t ~ t # r . ~ ~ ~ ~ : + ~ i 3 ' _ ~ I ~ t ii ii R; i ti {~ ~ ~ ,~i ~ ~ ~ ( s ~ [ I 1 ~ ~ b ~ ~ - ~ f ~ ' ~ ~ r S , ~ CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARI~ATE OF DECEMBER 6.2007 Exhibit A -- -- -- m m co o ®M bi N ~. Q Vf ~ m N t- ~~ N QJ V m ~ L ~. ~~ •F ~~ ® Q~ {'~ m L t 1 w G m CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARII~ATE OF DECEMBER 6, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION/ZONING 1.1.1 The annexation and zoning legal descriptions submitted with the application (stamped on August 7, 2007 by Robert G. Hinckley, 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 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 898-5506 within 6 months of Council approval to initiate this process. The DA shall include, at a minimum, the following: • Development of the property shall substantially comply with the commercial elevations and the conceptual site plan submitted with the subject application (see Exhibit A), as determined by the Planning Director, including the concepts outlined below. - Pedestrian connections shall be constructed between commercial buildings in the form of pathways distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as proposed. - Commercial structures shall be built adjacent to roadways with on-site parking to the rear and sides of the structures; as proposed (on-street parking is approved). - Building materials (stucco and wood siding, architectural composition shingles, metal awnings and brick veneer accents), architectural elements (50 % glazing on ground level, metal awnings, brick veneer pilasters, and entry way porticos on the larger scaled buildings). - A minimum of 7 buildings with no one building exceeding 20,000 square feet. The maximum allowable non-residential square footage for this development shall be 108,000 square feet. • All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. • The Applicant shall be responsible for all costs associated with sewer and water service installation. • The following shall be the allowed uses on this property: Permitted and accessory uses within the C-C zone. All conditionally permitted uses on the subject site shall be subject to CUP review. • All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit approval from the Planning Department prior to any commercial building construction on the subject property. Exhibit B CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARI DATE OF DECEMBER 6, 2007 • Except for one public street access to Ustick Road, one public street access to Venable Lane, the stubbing of Cooper Lane to the west and the connection of Buckstone Avenue to the existing residential stub street to the north; no other access points shall be allowed. • Construct a 25-foot wide landscape street buffer along Ustick Road and 20-foot wide landscape buffer along Venable Lane. • Construct a minimum 25-foot wide landscape buffer between all C-C zoned property and residential uses. PRELIlVIINARY PLAT Site Specific Conditions 1.2.1 The preliminary plat prepazed by Treasure Valley Engineers, dated November 29, 2007 (attached in Exhibit A), is approved, with the conditions listed herein. Any future development agreement shall also be considered conditions of the Preliminary Plat (PP-07-021). 1.2.2 Except for the full-access public streets into the development (one to Ustick Road and one to Venable Lane), access to Ustick Road and Venable Lane is prohibited. Place a note on the face of the final plat prohibiting direct lot access to Ustick Road and Venable Lane. Cooper Lane shall be stubbed to the west side of the property for future connectivity, as proposed. Buckstone Avenue from the south shall be extended into the site. 1.2.3 Across-access easement/agreement shall be recorded for all commercial lots within the subdivision. All lots within the subdivision shall have access to the public streets via drive aisles. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat granting said cross-access. 1.2.4 Prior to the City Engineer's signature on the final plat, all existing structures shall be removed. 1.2.5 The landscape plan prepared by South Landscape Architecture, dated September 11, 2007, labeled Sheet L-1 (attached in Exhibit A), is approved with the following notes/changes: • Provide a minimum 25-foot wide landscape buffer along Ustick Road and a minimum 20-foot wide landscape buffer along Venable Lane. All landscape materials shall be installed in accordance with UDC 11-3B-9, Landscape Street Buffers. • Provide a 25-foot wide landscape buffer adjacent to the existing residential uses to the north and west of the site. All landscape material shall be installed in accordance with UDC 11-3B- 9, Landscape Buffers to Adjoining Uses, and create a barrier where the trees touch at the time of maturity. • In lieu of the 10-foot wide street buffer adjacent to Buckstone Avenue and Cooper Lane, the applicant shall construct minimum 5-foot wide street buffers, and brick/stamped concrete walkways. Further, two center medians located along the southern portion of Buckstone Avenue as shown on the concept plan shall be constructed. Said medians shall be constructed at a minimum of 8-feet in width, measured inside of curbs. See ALT-07-016. • Per UDC 11-3B-10, the Applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion should be prepared by the landscape azchitect, designer, or qualified nurseryman responsible for the landscape plan. All standazds of installation should apply as listed in UDC 11-3B-14. Exhibit B CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARI ATE OF DECEMBER 6 2007 Submit revised landscape plans to the Planning Department with the submittal of the final plat application. 1.2.6 This subdivision lies within the Settlers' Irrigation District. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, 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. 1.2.8 All development improvements including water, sewer, fencing, landscaping and pressurized irrigation shall be installed and approved prior to obtaining Certificates of Occupancy. 1.2.9 A letter of credit or cash surety in the amount of 110% will be required for all required fencing, pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the final plat. 2.10 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. General Conditions 1.3.1 Sidewalks/walkways shall be installed within the subdivision and along the adjacent streets pursuant to UDC 11-3A-17. 1.3.2 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. 1.3.4 Temporary construction fencing to contain debris shall be installed around the perimeter prior to issuance of a building permit. 1.3.5 Staff's failure to cite specific ordinance provisions does not relieve the Applicant of responsibility for compliance. 1.3.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B- 7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in North Venable LN and W Woodpine St. The applicant shall install mains to 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 North Venable LN, W Ustick Rd and W Woodpine St. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Exhibit B -Page 3 CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARIN ATE OF DECEMBER 6, 2007 2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11"map with bearings and distances (marked EXIIIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.8 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.9 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.13 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. Exhibit B CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARIN ATE OF DECEMBER 6, 2007 2.14 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.17 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.18 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.20 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.21 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. MERIDIAN 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 %a" 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 corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn Exhibit B CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARI ATE OF DECEMBER 6, 2007 around on streets greater than 150' in length with no outlet. Extend Buckstone Avenue from the north. 3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.5 For all Fire Lanes provide signage "No Parking Fire Lane". 3.6 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. 3.7 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.8 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. 3.9 Maintain a separation of 5' from the building to the dumpster enclosure. 3.10 The Fire Dept. has concerns about addressing and the address being visible from the street which the project is addressed off of. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.11 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the Intemational Fire Code. 3.12 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.13 Where a portion of the facility or building 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). 3.14 All Daycare's with 7 or more children must pass an inspection using the criteria of the Idaho State Fire Marshal. If the applicant has concerns about meeting the State Fire Marshal criteria an inspection will be completed at a cost of $20. 3.15 There shall be a fire hydrant within 100' of all fire department connections. Exhibit B CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARIN ATE OF DECEMBER 6 2007 3.16 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 4. MERIDIAN POLICE DEPARTMENT 4.1 The police department has no concerns related to the site design of this project. 5. PARKS 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape 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 SERVICES 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Dedicate either 48 feet ofright-of--way from the existing centerline of Ustick Road abutting the parcel. The right of way purchase and sale agreement and deed must be completed and signed by the applicant prior to the scheduling of the final plat for signature by the ACRD Commission or prior to the issuance of a building permit whichever comes first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.1.2 Construct a 5-foot wide concrete sidewalk located 41-feet from the centerline of Ustick Road along the entire site frontage. 7.1.3 Do not make utility street cuts in Ustick Road abutting the site without approval in writing by the District. This section of road was paved in March 2007 and is subject to the 5 year cut moratorium. 7.1.4 Complete Venable Lane as a 40 foot street section with vertical curb, gutter, and 5 foot attached concrete sidewalk abutting the site. Connect sidewalk with the existing improvements to the north. 7.1.5 Construct the north portion of Buckstone Avenue as a 29 foot street section (measured from back of curb to back of curb) with vertical curb, gutter and 5 foot attached concrete sidewalks inside 42 feet of right of way. In the event lots 1-6 are consolidated on the final plat, the applicant shall provide, in lieu of this public street section, a public cross-access easement to connect the south portion of Buckstone Avenue with the stub street in Woodburn Subdivision to the north. 7.1.6 Construct the south portion of Buckstone Avenue as proposed with drive aisles 21 feet wide (measured from back of curb to back of curb) and islands at least 4 feet wide where it is divided, and vertical curb, gutter and 5 foot attached sidewalks along both sides. Where parking aisles are located, construct a 30 foot wide divided street section. Construct Buckstone Avenue with vertical curb, gutter and 5 foot attached sidewalk. Buckstone Avenue shall intersect with Ustick Exhibit B CITY OF MERIDIAN PLANNING ARTMENT STAFF REPORT FOR THE HEARIN ATE OF DECEMBER 6, 2007 Road no closer than 330 feet from Venable Lane (measured centerline to centerline). The District may restrict Buckstone Avenue to right in/right out at some time in the future. 7.1.7 Construct traffic islands with trees at least 6 feet wide with root barriers or 8 feet wide without. 7.1.8 Construct Cooper Lane as a 42 foot street section (with 9 foot parking aisles as proposed) with vertical curb, gutter and sidewalk aligning with the private drive in Cedar Springs Professional Center to the east and terminating as a stub street to the west. Install a sign at the west terminus of Cooper Lane stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.9 Provide a temporary public turnaround easement in the driveway nearest to Cooper Lane's east terminus to expire when Cooper lane is extended to the west. 7.1.10 Construct all commercial driveways onto Buckstone Avenue and Cooper Lane as proposed. Driveways must be no wider than 36 feet and paved their full width at least 30 feet into each site. If constructing curb return type driveways, 15 foot radii will be required. 7.1.11 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 ACHD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD 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. Exhibit B CITY OF MERIDIAN PLANNING Dl'PARTMENT STAFF REPORT FOR THE HEARIN ATE OF DECEMBER 6 2007 '( ,; I ~ i i I ~: f r~ 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. 8. SETTLER'S 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. Settler's Irrigation District owns the pressurized irrigation system within the Woodburn Subdivision. This development may connect to the existing system in accordance with SID's standards, specifications and policies. 8.7 This property lies within the Settlers Irrigation District's service boundary 9. CENTRAL DISTRICT HEALTH 9.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 9.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 9.3 Run-off is not to create amosquito-breeding problem. 9.4 Central District Health will require plans be submitted for a plan review for any: food establishments, grocery store, beverage establishment and child care center. Exhibit B ~~ '+ ai t x, 3 ~ ~ ~ ~ t j J ' ~ 1 0 ~ ~ € ~ } = ij + ~ ~ i ~ ' _ ~ 4 9 ;, f i ~ ~ ~ ~ t ~ ., ~ ' ~ t i ~ ,~1 . ~ , ~ ~ s~ E J ~~ ~' f O ~ f ~ ~ i ~ iiiddd ~ ~._ , ~ ~ ~ ~ ~ i F S „F ~ - y' ~ SS , ~ ' i+ .r i~ ~ 6 ''~. ~: 3j F ~F v ~ e... d 3 ~ ~ ~ ~ I t ~ f ~ '3 ~ ~ A . d. ~ ~ i ~ } 1 ~ yyy [ r 3i ' ~ ~ i i ; ' ~ [ z 1 ~~ ~ * ~ I i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN DATE OF DECEMBER 6 2007 Exhibit C -Legal Descriptions & Exhibit Maps ''~ ~~tl~Y ~ ' i ~~ PARCEL i3ESCBIPTION August 2, 2467 PROJECT; Settlers ~~ PARCEL NOa 45173.01 A paral of lead being a portion of f$e Nast 12 ofthe SW U4 of the SW U4 of Section 36, T. 4 N., It 1 W B.M., Ada Cnunty, Idaho, tefe+endag iL0.3. No. 7244, more fly descrtt~d as follows; BEG1NNiNG at the Mass cog, (corner record iash'aZaent #1031079:7}, marking tiro south''i ecaaar ofssid Sectiotr 36; Them North ~° 44.04 West ~inciaea-t with t~ soh Nne of said Section 36. a distance of66SS6 feeq Thence North 40° 23' 29" Ems, 666.00 &eL to a foand 5/8° rebarfplasdc oap L.S. 10782; Thence South 88° 44' 03" Eat, 666.17 feetto the east Nne ofsafd SW ll4 of3ection 35; Thence South ~° 26' 38° West coiataldeut with said east Noe ofthe SW 1!4 of said Section 36, a distance of666-00 fat to the PO1NT OF BEGIIVNIIVG. The parcel above describes canlains 10.18 acres >ztore or less. Together with and subject yr covaaama. and restnt~ions ofsecmd or otherwise l i z it s; 1. d i Exhibit C REVI P VAI. Bk r P.=, ~~~. -,r+~i Rt1BLFG S?S p+F_~T< CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARI DATE OF DECEMBER 6, 2007 E.~HI~IT » A a~ ANIVEXAfi~ON DESCRl~'fi101V A POBTlON OF PffB BI/2 OF 7~S S1P 1/4 OF TS8 SF t/4 OF 52t'C1TON 38, TOitNS$tp 4 NORTB, B6NC$ ! RBSf, BO196 MBBIDIAN ADd CODNTY IDASD zoos aae.,s I °' I I I I I I I I 1 f ~ I I a~ I ~+~~ I I a s~ I I ~' ~ra,tr-a-~ar I caa n. ue~~l I m I z I Rena P VA1. ~ I e'v I I ~E`i;` ~ `i?1%l _ I MEPJDIAN RU8L1~ ( ~At67Rx5 k3EP'L, I ~ ~ua+-°`~'0ias ~ I --'-- ------ ~-- i ~~ -------- ---_..t~' N 86'44'x' p( . ~_• W, li.Si1CK RD ~> y~r o~ ~~~ ~~ .fir^~ ~G"!f 'i' B~ & 4 • PL I h ~ • S UR Y8 Yr }R 9 P ~~~ ~J ri may'107+eaaoreFiller~Fagiaa2acum m VISIT OIIR BBB 5'1T& ws~r.TreasureYalle-Rn.:n.~,ro.~,,.,, ~' Exhibit C € 1 t {. f ~. ~~ I ~' ,.~ (f i 1 f 6 F .~ C ~ w ~ ~, ~ c ~ ~ : a 9 , ; ~ ~ ~ ~ ; r y ~ ,, ~ ~~~~ ` s. (l - ~ ~ 9 i ~ ~ ~ ~ ~ ~ i. ~ ~ 1 ~ I 1 # 1 i f 3 , ~ 1 1 f ~ ~ ! F ~ j ~ ~, ~ ~ C i ~ F r ~ . ~ . ~ 1 ~ ~~ i 7. ~~~ ~~ f ~. L~ 1 ~ j ~ ~ ~ ~_ ~ 1 1 r` F 1 ~ I ~ ~ (f ` 7 ~ 1 '~ 1 ~ ~. ft 1 ~ , t ~ ; # €; ~ i ~ ~ ~ a ` ~ €, i ~ ~ , ~ i ~ ~ t try ~ i I { ' ~~' . , ,S . I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN ATE OF DECEMBER 6, 2007 D. Required Findings from Unified Development Code 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 C-C. The City Council fords that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council fords that professional offices, retail uses, restaurants and medical clinics would be permitted uses and drive through establishments and daycare centers are conditional uses within the C-C district. The City Council finds that future development of this property should comply with the established regulations and purpose statement of the C-C district, if the DA provisions are adhered to. 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 C-C 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. 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 C-C 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 11-5B-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 fordings listed above, the City Council finds that Annexation and Zoning of this property to C-C would be in the best interest of the City, if the Applicant enters into Development Agreement (DA) with the City, as mentioned in the Staff Report. 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 Exhibit D CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARIN ATE OF DECEMBER 6, 2007 adopted Comprehensive Plan. The City Council supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council fmds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the 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 fmding. (See Exhibit B 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 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. Alternative Compliance Findings: In order to grant approval for alternative compliance, the director shall determine the following findings: a. Strict adherence or application of the requirements is not feasible; OR The City Council finds the 10 foot landscape buffer adjacent to local streets is not feasible for the design of this proposed development. Staff believes the applicant has met the intent of the code by landscaping 21 % of the entire site and designing pedestrian pathways and 5 foot landscape buffers that compliment the existing northern residential neighborhood and provide excellent connectivity for future patrons of the development. Exhibit D CITY OF MERIDIAN PLANNING 17FPARTMENT STAFF REPORT FOR THE HEARI DA TE OF DECEMBER 6, 2007 Exhibit D f ;; `~ ,- E ~~ ~' { ` ~ ~: i f e f € t t I ~ b. The alternative compliance provides an equal or superior means for meeting the requirements; and The City Council fords the alternative compliance does provide a superior means for meeting the City's landscaping requirements. The City Council finds the conceptual landscape plan incorporates innovative design by using center medians along the southern portion of Buckstone Avenue and incorporating 5 foot wide landscape buffers along the public streets with 5 foot detached decorative stamped concrete. The City Council fords this design to be more compatible with the residential subdivision to the north. Additionally the City Council fords this design contributes urban streetscape and adds to the pedestrian friendly environment of the development. Therefore, The City Council supports the proposed concept landscape plan, as depicted in Exhibit A. c. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The City Council fords that the proposed alternative will not be detrimental to the public welfare or impair the use /character of the surrounding properties. lj~ } ~£ t ~ ~ I ~ ~ ~ ' l tf ~ ~; i . " it r ~ k , ~ ~;' i f ~ ~ 1 ~ ! ~ ~` ' ~ ~ s f, t 3~ 3 ;F1 ~~ 'i ~ ([ ~ ; ~~ ' ~. ~ ~ f ~ - i , ~ i r ~ t ~ ~ ` i ~~ ~ ;.~ ~ ' ~ f ; r t ~ ~' ~ i i;= ~ ~ j' ~ ~ , I ~ ~ k ~ ~ a tt ~ {{ ! ~~' i~ 3 ~ ~ ~~ ~ ~ f ~ ~ ~~ n ~ ~~ S t ~ ~ ~ ~ f 6 !~' ~ Y r i 2. I a i I 1 d d, f ; , d f '. ~ i- 1 ~ . 4~ ! i t • March 21, 2008 AZ 07-019 MERIDIAN CITY COUNCIL MEETING March 25, 2008 APPLICANT Church of Jesus Christ of Latter Day Saints ITEM NO. 5-C REQUEST Findings for Approval -Request for Annexation and Zoning of 15.49 acres from RUT to L-O zone for Stake House - 5555 North Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See a#tached 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: ~d ~ ~ u1°I~ Date: ~~ Phone: t-}(,Q~,Q. L.~.(~Q Emailed: ~ d et tca~{-n . G~ Staff Ini ials: Materials presented at public meetings shall became properly of the CHy of Meridian. ! ~. j I I t. ;: ~ { Y 4 } ;. k :' a ~ ~- ~ I t ~ ~ ~ z, ~ r; , f I i I ~ ` , g ?? i ~ s .., ~~~ f I i I ~ ~ 'I= ~ ' ~ ~, ; } ; I 1 ~. .. ~ 4"~ i t i ! ~ r I ~ f ; ~ j ti r '~ ~ ! s ~;~ ~ t r ~ s 3 . , ! a 1 5 ~ ~ ~ i C, F ~ I ~ t ~ i ~ ' ~ 3 ~ F Y.~ r 3 ~ ! F ~ i s i a ~ i ~ 3 ~ . i E} e t ~ ' ~ ~ c ~ . Sf 5 f ~ r ~ I ~ ~.. ~ ~a '~ ~ t 4 f ~ ` ~ ~ 4 . ~ f~ 1 i ~ ~ i ~ ~ f , r y p~ ` f ' ~~ ~ ~ ~ ! ~ ~ ~ ';` ~ ~ ~ ~ ` ~ ~ r ~' ~ ~ w ~ ~ rt ~ . ~ : ~ I ~ ~ ~ t ~ ti ~ i ~ ~ r r ~ ~ ~f ?< 3' Y t ~. i i ~ ~~~~ MAR ~ ~ 20~b City Cf Me~°idia~ City Clea~k Dffiee CITY OF MERIDIAN E IDIAI'~TT~ FINDINGS OF FACT, CONCLUSIONS OF LAW AND ~ ~ `~ DECISION & ORDER In the Matter of Annexation and Zoning of 15.49 acres from RUT (Ada County) to L-O (Limited Office) for the Stake House Project, by the Church of Jesus Christ of Latter Day Saints Case No(s). AZ-07-019 For the City Council Hearing Date of: March 4, 2008 (Findings on the March 25, 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. 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). AZ-07-019 -1- • • 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, and the Conditions of Approval 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: 1. The applicant's request for annexation and zoning, as evidenced by having submitted the legal description and exhibit map stamped and dated December 15, 2007 by Ladd Cluff, PLS, is hereby conditionally approved; 2. A Development Agreement is required with approval of the subject annexation and zoning and shall include the provisions noted in the attached Staff Report for the hearing date of March 4, 2008, incorporated by reference; and D. 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). AZ-07-019 -2- • • By action of the City Council at its regular meeting held on the ~'l/~. day of 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED~~'~, COUNCIL MEMBER KEITH BIlZD VOTED ~~ MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ~~~ Mayor Tammy d eerd Attest: Jaycee lman, City Clerk Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. B Dated: ~~ ° ~.~' rty Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-019 -3- r 4 ~ ~ , :~ ~ E 1 ~ ( f 1 '3; 1 0 ~ 1 1 ~; ~ ~.: ~ I ~ 7 ~~ S' ~± ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ s~ F~f ~~ '~ ~ .~ a j - a i ~ I _ ~ 'f~ !p 9 ' . i ~ tt t ~~~ ~ :~'~ , ~ '~ '. r t {~ ~' ! ' 1 ~ I ~ 1 ~ l ' t ~c E S: S ~ . ~i ~ •i ~ ~ .9 ~ ~ ~ ~~ ~ ~~ j~ R t~. } ~ #){ ~ i t{ ~i ~ s - j L [ ~ 4 ~ F 3 ~ 4 p i ! !~ e~ ~ f + t it ` k s t ~ + f ~ S S ~ ~ f i 1 ~ 1 i ~ ~ i . y f i I `' + . } i I { t i CITY OF MERIDIAN PLANNING DEPAKTMENT STAFF REPORT FOR THE HEARING D E OF MARCH 4, 2008 STAFF REPORT E IDIAN- Hearing Date: March 4, 2008 M TO: Mayor & City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 ~A~ ~ (j ~DO~ SUBJECT: Stake House City ~f Me~.dia;ri • AZ-07-019 City Clerk ®f~ce Annexation and Zoning of 15.49 acres from RUT (Ada County) to L-O (Limited Office), by the Church of Jesus Christ of Latter Day Saints. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, the Church of Jesus Christ of Latter Day Saints, has applied for Annexation and Zoning (AZ) of 15.49 acres from RUT (Ada County) to L-O (Limited Office). The site is home to an existing LDS Church which is not proposing any new development at this time. The applicant is requesting annexation to comply with the Agreement recorded under instrument #106096022 which allowed the Church to connect to City services without being annexed into the City, until it was contiguous. The City limits now border this property on all four sides. The subject site is located at 5555 N. Locust Grove Road in Section 30, T.4N., R.1 E. This property is within the Urban Service Planning Area and is contiguous to the current City limits. 2. SUMMARY RECOMMENDATION The subject application (AZ) was submitted to the Planning Department for review. Below, staff has provided a detailed analysis, comments, and recommended actions for the requested AZ application. Staff is recommending approval of the Stake House Annexation and Zoning (AZ-07-019) request as presented in the staff report for the hearing date of January 17, 2008, based on the Findings of Fact listed in Exhibit D of this staff report. The Meridian Planning & Zoning Commission heard this item on January 17, 2008. At the public hearine the Commission moved to recommend approval of the subiect AZ reauest. a, Summary of Commission Public Hearin i. In favor: Ladd Cluff (Applicant's Representative) ii. In opposition: None iii. Commentin~• None iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Bill Narv b. Ke_y Issue(s) of Discussion by Commission: is Development Agreement for the site. c. Key Commission Change(s) to Staff Recommendation: !_. None d. Outstanding Issue(s) for Citv Council: i. Development Agreement requirements for the site (the Applicant does not want a DA) .a, um marv of Citv Counc'1 Pub i s Hearin i. favor: Terv B rad haw (Apnlicant'c Reprecentativel add tuff colt an Lori Shenherd Carl Shenherd Stake House AZ -1- CITY OF MERIDIAN PLANNING DEP'1~RTMENT STAFF REPORT FOR THE HEARING D TE OF MARCH 4 2008 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ-07-019 as presented in the 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 to File Number AZ-07-019 as presented during the hearing on March 4, 2008: (Please state specific reasons for denial of the annexation request) Continuance After considering all staff, applicant and public testimony, I move to continue File Number AZ-07-019 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 5555 N. Locust Grove Road (Parcel #S0530417300) Section 30, Township 4North, Range 1 East b. Owner: Church of Jesus Christ of Latter Day Saints 50 E. North Temple Street Salt Lake City, Utah 84150 c. Applicant/Representative: Ladd Cluff, Elk Mountain Engineering d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Public/Quasi-Public f. Description of Applicant's Request: The applicant is requesting annexation and zoning into the City with an L-O zone. g. Applicant's Statement/Justification: The applicant is requesting annexation into the City to comply with the agreement that allowed the Church to connect to City water/sewer services outside City limits. (See applicant's narrative submitted with application.) 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 Meridian City Code Title 11 Chapter 5, a public hearing is required before the Planning and Zoning Commission and the City Council on this matter. Stake House AZ -2- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 b. Newspaper notifications published on: December 31, 2007 and January 14, 2008 (Planning and Zoning Commission); February 11, 2008 and February 25, 2008 (City Council) c. Radius notices mailed to properties within 300 feet on: December 21, 2007 (Planning and Zoning Commission); February 8, 2008 (City Council) d. Applicant posted notice on site by: January 7, 2008 (Planning and Zoning Commission); February 22, 2008 (City Council) 6. LAND USE a. Existing Land Use(s): There is an existing LDS church on the site. b. Description of Character of Surrounding Area: The area surrounding the subject property consists of single-family residential properties and projects. c. Adjacent Land Use and Zoning: 1. North: Madelynn Estates, zoned R-4 2. East: Vienna Woods Subdivision, zoned R-4 3. South: Tustin Subdivision, zoned R-4 4. West: Cardigan Bay Subdivision, zoned R-4 d. History of Previous Actions: Agreement recorded under instrument # 1060960022 between the City and the Church to connect to City services. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: N Locust Grove Rd Location of water: N Locust Grove Rd Issues or concerns: None 2. Vegetation: NA 3. Floodplain: NA 4. Canals/Ditches Irrigation: NA 5. Hazards: Staff is unaware of any hazards associated with this property. 6. Proposed Zoning: L-O (Limited Office) 7. Size of Property: 15.49 acres f. Subdivision Plat Information: The applicant has not submitted a preliminary plat, or a concept plan for this property, with the subject annexation application. The applicant is not proposing any new development of this property at this time. g. Landscaping: 1. Width of street buffer(s): A 25-foot wide landscape street buffer is required adjacent to N. Locust Grove Road, an arterial roadway per the UDC. 2. Width of buffer(s) between land uses: A 20-foot wide buffer between land uses is required between L-O zoned property and the residential properties to the north, south and west of the subject site. 3. Other landscaping standards: UDC 11-3B-8 and UDC 11-3B-12 require landscaping within and around parking lots. The site currently has an existing Church with the associated parking lot. The parking lot landscaping on the site does not currently conform to the standards of the UDC and any Stake House AZ A i g 1 r ~ 'i ! ~j ~ - ~ ~ ~ ~ ~~ ~ ~ ' rE ~ x ii ii ; " j ',~, f fl ~ ~ ~~ !'3;' ~ ~ ~~ ~~' E ~ 1 i ~; ~ t 6 E 1{1{ ~ I bb` _ ~ t ~~ ~ X~ ~ i y .; t 1 ,~! ~ ~ ~ ~ ~~~ ~ Y > i' ~~ i ~( + bbb ~ Sly l ~~ ~ ~ ~ ' . ~' , r '~ I ,s~ t ~ 3`~ :3 ~ i Y ! N ~ ~ ~~~ ~ ~ ~ i '3 I ~ ~ ` ~r t I ~ - ~yF ~ ~' ; ,~ ~ ; `` b i ~ ~i t j (I .t ` '~ } ` ' ~ i ~ v ! r ~i ~ 11 _ i ~_ ~ _ I ! ~ ~~; ! { I{ ,: ~ i i#; ~ ~ t ~ ~~ ;~ 3 '~ j i ~ ]]~~ I i~ ~ ~ Y t~ q~ ~ J ~ ~ ~ ~, ~ 7 j~ ~~ A. ~~ ~. pl t i ~~ t ~ ~ ,~ i S. E~ s 3 3 i ~ ~ tf r ~ ! -3- t j ~ : i j Y i l ~ ~ -i ._ ~ ~ >'i I s ! { ~ i ~ f F s CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 re-development of the site will require compliance with the applicability section of the landscape standards ([JDC-11-3B-2). h. Summary of Proposed Streets and/or Access: As mentioned above, the applicant is not proposing to develop/plat this property at this time. Access to this site is currently provided from two full access driveways to N. Locust Grove Road. No new access points are proposed or approved with this application. If/When this property re-develops staff will re-evaluate access points to this property. 7. COMMENTS MEETING On December 28, 2007 a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department and Meridian Public Works Department. All comments are pertaining to future development of this site. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Public/Quasi-Public" on the Comprehensive Plan Future Land Use Map. Public /Quasi-Public" areas are designated to preserve and protect existing private, municipal, state, and federal lands (see Page 106 of the Comprehensive Plan). This category includes churches and public lands (excluding parks and schools) within the Area of City Impact. 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 the transportation issues associated with the development of the property. The Comprehensive Plan Future Land Use Map designation for this property is "Public /Quasi-Public." However, the UDC does not have aPublic /Quasi-Public zoning district. Therefore, the Applicant is requesting to rezone this property to L-O. A church is a principally permitted use in all four commercial zones (L-O, C-N, C-C, & C-G), a conditional use in certain residential zones (R-8, R-15, & R-40), and is prohibited in the R-2 and R-4 zones. The subject property is surrounded by residential properties zoned R-4. At this time, the applicant is not proposing any new development on the site. During pre-application meetings, Staff suggested the applicant zone the site L-O, so the church would comply with the underlying zoning district as a permitted use rather than having the applicant submit for a conditional use permit allowing a church in a residential zoning district. Staff believes the L-O zone is appropriate for the church site; however, any new development or re-subdivision of the site should be complimentary and mindful of the surrounding uses in the area. Staff fords the following Comprehensive Plan policies to be applicable to this property and apply to the subject property (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) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: - Sanitary sewer and water service have been extended to the project at the applicant's expense. - The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACfID). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. Stake House AZ -4- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 - The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Protect existing residential properties from incompatible land use development on adjacent parcels. (Chapter VII, Goal IV, Objective C, Action 1) The applicant is not proposing any new development for this property. Staff believes that the existing church is compatible with the other residences in this area. Churches are typically located adjacent to residential zones and uses within the city. YVhen/If this property redevelops, full compliance with land use buffers and all other UDC standards should be met. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action 4) The applicant is not proposing any new development for this property. If this site develops in the future, a 25 foot landscape buffer will be required adjacent to N. Locust Grove Road. • "Permit new ...commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Obj. A, #6) The existing church is already connected to city services. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) The applicant is not proposing any new development for this property; however, there is existing landscaping adjacent to Locust Grove Road and internally to the building and the parking lot for the church site. Currently the landscaping on the site is substandard and any re-development or expansion of the site will require compliance with the UDC landscaping standards. The applicability for compliance regarding expansion of the site is outlined in UDC 11-38-2. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (Chapter VII, Goal IV, Objective C, Action 1) The Applicant is proposing a commercial zone adjacent to established residential areas. Currently, there are residential uses along the northern, southern and western property boundaries. The UDC requires a 20-foot landscape buffer between L-O zoned property and residential uses. On the submitted site/landscape plan, the site is developed with ball fields and open grass fields along the western and southern boundaries. Along the northern boundary, the subject site indicates a SO foot buffer. Any development proposed for the future will require the appropriate buffer based on the use and zoning on the site. Staff finds that the proposed L-O zoning designation is generally harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2B-21ists a church as a Permitted Use (P) in the L-O zone. b. Purpose Statement of Zoning District: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Stake House AZ -5- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 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: AZ Application: Zoning: As mentioned above, the applicant is requesting annexation to comply with the Agreement recorded under instrument #106096022 which allowed the Church to connect to City services without being annexed into the City. The site is home to an existing LDS Church and is not proposing re- development at this time. The UDC does not have aPublic /Quasi-Public zoning district. As stated above, a church is a principally permitted use in an L-O zone, a conditional use in certain residential zones (R-8, R-15, & R-40), and is prohibited in the R-2 and R-4 zones. Staff suggested the applicant zone the site L-O, so the existing LDS Church would comply with the underlying zoning district as a permitted use rather than having the applicant submit for a conditional use permit allowing a church in a residential zoning district. Staff realizes that the site encompasses approximately 15 acres which is not typical acreage for an office development adjacent to residential development. However, Staff believes the L-O zone is appropriate for the church site and any future development and/or subdivision on the site will require full compliance with the UDC standards. Staff has incorporated this as a provision in the DA in Exhibit B of this staff report. The annexation legal description submitted with the application (stamped on December 15, 2007 by Ladd F. Cluff, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Access: Currently the site has two full access driveways to/from N. Locust Grove Road and no roadways are stubbed to the property from adjacent developments. There is an existing street (E. Strauss Drive) adjacent to the southeast comer of the site. Staff believes that any future development of the site should require alignment with said street across Locust Grove Road and/or a shared access agreement may be required. Landscape: As stated earlier, there is existing landscaping adjacent to Locust Grove Road and internally to the building and the parking lot for the church site. Most of the landscaping does conform to the standards of the UDC but some of the requirements are not met. There are some planter islands in the parking lot that do not contain trees and there are ball fields and grassy areas adj acent to the residential uses that do not have the require landscaping (i.e. trees). In addition the Ada County Highway District has requested the City require a 5-foot sidewalk located along Locust Grove Road. Any new development on the site or expansion of the existing building will require compliance with the UDC landscaping standards. The applicability for compliance regarding expansion of the site is outlined in UDC 11-3B-2. Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. The applicant is not proposing to develop this site at this time. However, Staff believes any new development on the site should be compatible with the existing residential uses in the area. Therefore, Staff is proposing a DA be required for this property. 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. A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian and the Stake House AZ -6- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 property owner(s) (at the time of annexation ordinance adoption). 1'he applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 3 months of Council approval to initiate this process. The DA shall include, at minimum, the following: • All future development of the subject property and/or expansion of existing structure(s) shall comply with City of Meridian ordinances in effect at the time of development. • If/When this site re-develops; access points to/from this site will be evaluated and may be restricted/limited by the City of Meridian and/or ACRD. • If/When this site re-develops, full compliance with the landscaping standards of the UDC shall be enforced. • Except for additions or buildings associated with the existing church, no building permits shall be issued on this site until a subdivision has been approved by the City Council. b. Staff Recommendation: Staff recommends that the subject property be annezed into the City with an L-O zoning designation and requirement of a Development Agreement per the comments listed in Exhibit B and the Findings of Fact listed in Exhibit D of this staff report. The Meridian Planning & Zoning Commission heard this item on January 17, 2008. At the public hearing the Commission moved to recommend approval of the subject AZ request. 11. EXHIBTTS A. Drawings 1. Vicinity Map 2. Site/Landscape Plan (dated: December 7, 2007) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department C. Legal Descriptions & Exhibit Maps D. Required Findings from Unified Development Stake House AZ 6 .~ s ~` a ~' -7- i t'~ a r ~,~ ~~ ~. ~ I ~ ~ ~ Q i t a . i ~ ~~ ~ aF ' r fP ~~ a ~~ ~ I ~I ,~ . s I~ ~ [I f d . 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Site/Landscape Plan w'B `~ r a 'N o ~ 'off Noriaas wv~e adv~saa+n axr airs ~ ~, " ..e F. ~ ~INrb$ Ad0 21311V7 !® 1sk1Ha SIlS3P jt3 N3~()HJ m,"°.,~, ~„°"'° x s --- -i r a-- -~ y a ~ ~ ~ ~ a ,gnu g a g ~, gg ~~~~i~8~~~~~~~§.~~a~61~ - `-~ °.006 ~3 ~9 °~ ~i9~ ~ t3 ~ ~ i ' ,~+ ~ ~ `< F_ - ' -- -- - - - ----:. _..~_ __ S .- - ,...tee, _. .__e~v~i --~'~'°^'._-.d1 _-. _v __~uT__._~e+~~m_ ® '~S _ _ `~'_ ~a~.r... t, ~ ~ ~ j ~i ~II~ ~~ ,~ ~ ~ ~ ~ ~ ~~ ~ h ~ F 3 1 6 ~ ~~ a ~i i - ~~ I _ - ,,. f . ~- ~--T ~. ~ ~ - ~' ~ -~ ~~- Y = ~~ --L-~~~t tel: ~'~P ~ ~c ~~ s ,~ r, _.~ _---_ . ~r, ~` a ~ ~ i i ~ ~ B ~~ d~ ti ~ I ~ ~ ~- A fr ri I I! 1 f ~ musac f +pp~ r ~ W ~ ~,' ~ \ ~~ i r ~ ``~ Exhibit A a ~ z ,~ s ~ 1 ;~ r ~ ~ ~ ~ ~ : I ~ ii r .~Yi i l g ;` -0 ~ ~ ~ dd ~ ' ~ ~ ' • ~7 1 ~ ~ ~ ~ ~ r !~ , fr r 7S c ' ~ ~ ~ I ~ h ~ ~ i I 1 7 t 1 ,. 7j ~ t 'I 1, ~ i t~ ~ ~ ~ ~ 1 i ~ 1 f _ t ~ Y i ~ I ~ ' i ~ 1 ~~ F ~ ~~ ~ ~ ~ 1 1 1 ~ r ~ ) I i~ ~ S Y F ~ ~ , 1 q ' S ~ ~ ' ; f~ l ~ f R r i ~ ~ ~ ~ y ~ t }i~~ ~ ,, [ r ~ t r~ { y' ~ ~ ~ ~ ~ ~ F ~i , ~ ( i ~ ~ r l 3 3 E {' ,~ ~ ~ 1 ~ , r ~ i r: : } e ; I t t h ~ ! ~, r i 4 ' ~ a~ r I tt : al z ~ 1 ~ `f ~ ( r' k 1 i ~ ~'. ~ ~ ,;i i ~~ 1 ~ i ~ ,` ~ ~ 1 a ~ ~ ~ . ~ ~ ; ~J 1: i i. i r. ~ ~. ~ ~ gp I ~ A_ j I ~ ~ i 'fi ~? ! ' , '}n ~ . .. ~ r ' A } 1 I , ~ y j ~ '~ i ~ f1 ~ ~ '~ ~ r ; 1' ~'!Z f' i ~ ~ # ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 B. Agency Comments 1. PLANNING 1.1. The annexation legal description submitted with the application (stamped on December 15, 2007 by Ladd Cluff, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2. A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian and the property owner(s) (at the time of annexation ordinance adoption). The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 3 months of Council approval to initiate this process. The DA shall include, at minimum, the following: • All future development of the subject property and expansion of existing structures shall comply with City of Meridian ordinances in effect at the time of development. • If/When this site re-develops; access points to/from this site will be evaluated and may be restricted limited by the City of Meridian and/or ACRD. • If/When this site re-develops, full compliance with the landscaping standards of the UDC shall be enforced. • Except for additions or buildings associated with the existing church, no building permits shall be issued on this site until a subdivision has been approved by the City Council. 2. PUBLIC WORKS 2.1 Sanitary sewer service to this development will be via extension of mains in N Locust Grove Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site will be via extension of mains in N Locust Grove Road. The applicant shall be responsible to install two water connections one from N Locust Grove Road and a second connection to the existing 8 inch water line located behind the existing structure due to fire flow requirements. The applicant shall be responsible to install water mains to and through this development, coordinate 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 applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the azea being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.7 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 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. 2.8 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 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. 2.10 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. 2.11 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. 2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.14 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.15 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. 2.16 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. 2.17 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.18 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 standazds. These record drawings must be received and 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 aze completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. Exhibit B e ~r CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 3. FIRE DEPARTMENT 3.1 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.2 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.3 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 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. 3.5 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.6 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.7 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). • For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). • 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). 3.8 There shall be a fire hydrant within 100' of all fire department connections. 3.9 The applicant shall contact the Meridian Fire Department to set up a Fire Inspection for the existing church building on the site. 4. ADA COUNTY HIGHWAY DISTRICT 4.1 ACRD Planning Staff is recommending the applicant construct a 5-foot concrete sidewalk on N. Locust Grove Road abutting the site, located no closer than 28-feet from centerline. Exhibit B 7 t~ !~ 1 ~ S ~4 F I S t 1 ~. ~ " { € ~ E(E f, 4 ~; ~ ~ ~ ~'~ k r ~ ~3 r C M I • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 C. Legal Description and Exhibit Map Revised Date: December 13, 2007 Project: 100-04 Page: 1 of 1 EL[ A4UUNTAIH EHGIIiroEYYtN6 THE CHURCH OF JESUS CHRIST O1F LATTER-DA1t SAINTS ANNEXATION PARCEL 5553 North Laeust Groove Road A parcel of land being a portian of the pazcel as described ita Warranty Deed Instrument No. 7734535, Ada County Records said parcel being situated in the Northeast '/a of the Southeast '/< of Section 30, Township 4 North, Rar-ge 1 Est. Boise Meridian, Ada County, Idaho being more particularly described as follows: Coanmencing at the Southeast corner of said Section 30; thence along the East line of said Section also being the centerline of Locust Gmwe Roaal North 00°'25'19" East 17$5.02 feet to the POINT OF BEGINNING; thence leAVing said East line North 88°47'55" West 40.00 feet to the West Right-of--Way line of Locust Grove Road; thence continuing slang the South line of the Parcel as described in Warranty Deed instrument No. 7734535, Ada County Records North 88°47'55" West 745.07 feet (formerly South 89"13'04" East) to the West line of said P:~ucel; thence North 00°25'22" East 851.99 feet (formerly South 0°OU°00" West 852.84 feet) to the East-West Center of Section line; thence leaving said ('Vest Parcel line South 89°54'29" East 745.00 feet (formerly South 89°44' 1 S" West) along said. East-West Center of Section line to the West Right-of--Way line of Locust Grove Road; thence continuing along the East-West Center of Section line South 89°54'29" East 40.00 feet to the East 1!4 comer of said Section 30; thence along the East line of sand Section South 00°25' 19"West 867.19 feet to the POINT OF BEGINNING. Said parcel contains 674,772 square feet or 15.49 acres and is subject to easements of record and of use. BYEYI ` ItPRROVAI. ~~ pq~~ QPE~T ~ 4286E Amity Ave. Ste. 701 • (Nampa, ID 836!97 ° Phone (208) 46U-460"1 • Pax (208) aRb-4608 • Incemer wavw.el mtn.cc Civil Engineering • Surveying • Planning Exhibit C • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 x 4 U a Q ~ S pp Lu ~~S1k Amy Wyr rV ®m~V ~y ~ ~ W j{ oo~~b"c~~v ~~ I I i i, ~!~"I f~N~~.s r 3i Y~~y' 11 ~z k ~ ~~ pegg~,}a Yki y ~~~ ~ ~~ ' ~ ' x'11 ~~ z ^ ~ ~ i ~ ~ z NOISIA109w1S tlNN31A u •v ~ t 8 's'Jn!L>~7 JO 6+~: ~ ~ "'~ - "' :G4P 1e_ canon Q 9 _ ,6r L3P r~ a ~ ~ ~'= OVQ21 3rOa0 1SI1001 H1210N cn.aasl.; ~~ ~' T -- - c ~ ~ I ~~ --------- ~ ~-^ ---- ----------- r fY ~ - ro~ ~~, ~~ F- ' r Q ~i i r ion 'o u r fir, ~? i J c ® I '~ ' d; i~ L` u ~ wg~~ a r ~. k. ® N ~ w wky! ~! ~~ ~I ' O r3$i ~ryxl 'I a~ 9 1 ~`s ai ; ~ !1 T 1J C Y~~t ~~ 11 ..1. W ~~~ 1~ ~ I v I F 6Y ~ iti~ ~- ` y W ~~ h ~ 1~~ ~ ~ ~ ~~~ Zry O m~ `---- ~ - ------- ~ ~ °.I o~ ----- w ~ ,~ ~ a ~ - ~~ 6 --------- -------- - ---- ~, ~ - >~, ,~~, ~ ,,.~,~ sQ , ~L ws~. m`~ °.Qw O 3~ir` mN '. O R 4 lr J _ I V1 '. !n e. C7 ; I C rp ~ ~ +3 f l N I`~ '' fY z I ~ ~w ,I ~ ~, U 9 ~ Qp n z ( w~ ~ I ~m ~ ;~ ~ -~ u ~n 'r v ~ "I r ~ ~~~ ~~ ..cr=:e ~.~e~a~s~s; ~ ?.~ ~' 63t1n1dM0 , ,g ~ ~ Exhibit C I r ~^ 1 7 k ~ :' r ~? ~ ~.~ F '~ ;" `fit ~' ; .t ' fit ~ i ~ F~' ~ ~ i S~ ~ I ~ 4i ~ f ~ 4,~ 1 ~ . ~ ~j f ~ ~ j = y l ~ I,.~., ! I ~ I r _ i ~ sl r w;4 2 1 ~ ,,~ t ~ ~ s~ ~~ i ~ ~r ~ y ? i f ~ ~ ~k ; i ~~ 1 ~ EI %~ d ~; r~L , ~ ~ [ ~ } } 1 ~~ ~ )w ~ . j ~ r ~ ~~ 2i 1 e~ , ,~ ~ ~ ~ p r ~ j s [k 1 f ~, ~ ~ ~ Q }} 91 ~ I 3t r ~ s 4 L 3 ~ t ~;r i ~ ~ w i ~ ~! s C 1 pt~7 i ~ ` ~ _ 1 E 1 H I I ~~ ~ )i F ~r J :• f t r a ti' ~;C ~ ~ Z~ I j '~ .~" i r~ 7ti S F t r~ ~, ~~ ~~ 11 Y 1 l j 111i Y I / E r y r I ~ E ~ ~~ ~~ '3 3 r i~' al I ~ ~ Iy h 1 t t ~ if' ~. ~ ' ;i !~ I { { a t 1 ~ ,: ~ i 1 i ~" t CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 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 findingse a. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to L-O. The City Council fords that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; No development is proposed concurrent with the zoning map amendment. The City Council fords that future development of this property should comply with the established regulations and purpose statement of the L-O zone. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council fords that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. b. The annexation is in the best of interest of the City (LTDC 11-SB-3.E). The City Council fords that the annexation and zoning of this property to L-O would be in the best interest of the City. • ~~ March 21, 2008 MERIDIAN CITY COUNCIL MEETING March 25, 2008 APPLICANT ITEM NO. S-D REQUEST Water Main Easement Agreement for Gardner Ahlquist Gateway No. 1 by Meridian Medical Plaza, LLC 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: , ~p SANITARY SERVICE COMPANY (O~v 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 publk meetings shall become properly of the City of Meridian. € ~ ~~_?,~ ~,',, # ~ ~ ,i s i ~ ~ ~ s 1E z 1 ~ ~` ~ ~ r ~ ~ ~.a ~ ~ ~ i I I 4i ,~I ~ < ~ ~ k { ~ f t i ~ 4 {' • ~ II S 1 r.4 3 E' ~, I i s '~ ~ { 1 {. p; iY 1 i ( t F` - t{ ({ ~ ~7 ` 7i ' ~ S` ~ E~ 1~ ~ ' ;I 9g 1~ ~ ;# f f a l~.' ~~ ~! g i! ~, °t i 'qq ~ ~ I F' r k ( ~ t i~ ~~ ~. ~t -` j I 1k 4 4 ~ ~; i i~ ~ I x S E i I ^~ 9 $ ~ i i ~ is I~ ,~ ~{ ~ P<, I tt , ~) ~~ ~. ~I t'~ i H . ADA COUNTY RECORDER J, DA YARRO AMOUNT .Ali 6 BOISE IDAHO 04f14f~ 11:08 A DEPUt1( Yield Allen RECORDED-REauEST OF I IIIIIIII III IIIIIIIIIIIIII II II II Meridian City 1 ~1~04~0t3'4' WATER R~.A-IN EASEMEN'T' ----~-- THIS INDENTURE, made this day of % 20T,~between /~JP.~7l~~/~ ~~~~c~..~~~fZ/ ,/1f' ,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 Lime to time by the Grantee; NOW, THERE)~ORE, 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 purpc+se of construction a.nd 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 HOLT.-, 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 thc 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 became part of, or lie witltity tl~e boundaries of any public street, then, to such extent, such right-o€--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 b~e 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 Water Main Easement WATER MAIN EASEMENT.doc ~ p ~~1ge_.! ..-07.~.~ • • right to convey said easernemt, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of ail persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signaxures the day and year f rst herein above written. GRANTOR: -~--"' 'President Secretary STATE OF IDAHO ) ss County of Ad'a ) On this ~ day of ~_I!/Jl/Fi~lt--__ . 20~ before me, a undersigned, a Notary ?ublic in ant for said State, rersanally arpezrel . 7J'Io.~A~ yis ani known or identified to me to be the President at~dSecset~, respectively, of the corporation that executed the within 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 wri "~-~~~Y ~A~~~rP ~or~Q ®yG ,~ i' N UBLI , OR ID O N p~~ ` ~ Residing at f~~/fy w9~n~r-rr hf ~/~ i`e /p fi~7/3 .~ .~- ~ Commission Expires: // U3 Zv io GRANTEE: CITY OF MERIDIAN Water Main Eascmcnt EASEMENT.doc WATER MAIN ~~~ ` i i' 4 . :' ?~ ~~ ~ i I f ' ' 3~~ ~ ? ~ !1 ~ j S ~~ ~ a 14i }i '- 4 ~ E E 1i t , I tt ~ ~ ~" ~ i ~ ## ~ ~} ~ i i~ .~ ~ ~ s t a ~ ~ ~ 4 E ~. ~ ~ ~ t , t 2i ~ 1i a t i, . s E Z i i ! '~ '.. ~ ! j ~ 4 { '~~ i ~~' i ~ i i i ~. i (1 3 f ~ i r ~ } })) u~ E i; - ~ s t ~. E i E ~ .: ~ ii ~. i ; ' ~ . ~ , . ~ i. ~ ` c e~ I , i,.~ ~ j ,f ~ S ~ i ~ '' ' ` ` ' , ,, ~~' E ' i~ ~ 4 i t . • Tammy de Weerd, Attest by Jayc~dHolman, City Clerk Approved By City Council On: ,,iyyyiittilllll/r// ti R .,"~ ~ ~ 'i y S~i~ T.. ~~ .mot . .~ _~ Irrrllll ftNiil STATE OF IDAHO, . ss. County of Ada ) '~+ Qg On this 25 day of ~10~Ch , 20_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE DOLMAN, known to me to be the Mayor and City Clerk, respcctivcly, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to ane 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. .~ S,ARY ~' ~: r ~ Q ~y a ~.qr, y u :FOB' ~ ': y ~ t ~: r ~ tV~`~ 4 r ,~ ~vn~1 • +~ ~ ~~~• OTARY P LIC FOR IDAHO Residing at: ~ L UP~ ~ . ( D Commission Expires: b~1 h t ~ Water Main Easement WATER MAIN EASEMENT.dac ~age.~ n ~ ~ ~~ ~ ~ ~~ ~~ z, 3 .~ ~ , ~ ;~ ~~ , i ~ f ~' ! 1 ~ / S ti i 3 ~ j 4 E ~ ~ ~ 1 t ! ~ k. F t ~! e ~ ~ s ~ ~ a ~ ~ ',1 ~ ~ ,~ i ~ ~ E ~ ~ ~ e ~ f i t i ~ ~ { f Y ; ( i{ ~. ~ ~ f t ~ f II[ ij t i I y J~ ~ ~ i ` t r ~ - f ;:. ~ ~ ~. i .S t ~ ~ ~.. ,~ j j f. t ~ ~~ ; ~ ~ ~ 1 ~ ~ ' ~ 3. l ~ ; ~ ii • s EDIT A WATER LINE EASEMENT FOl[d C1T'Y OF MERIDYAN A Water Line Easement over under and across a portion of Lots 1 and 3, Block 1 of Gardner-Ahlquist Gateway Subdivision No. 1 as recorded in Plat Bonk 100 at pages 12934-12940, Ada County, Idaho and situated in a portion of the Northwest 1/4 of the Northwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and mare particularly described as follows: Commencing at a brass cap monument marking the Northwest corner of said Secttion 15, thence along the 'West line of said Section 15 South 00°20'34" East a distance of 223.06 feet to a point, from which a Brass cap monument marking the 'West 114 corner of said Section 15 bears South 00°20'34" East a distance of 2429.95 feet, thence leaving said West line South 89°58'20" East a distance of 115.01 feet to a 1/2 inch rebar, marking the intersection of the line common to said Lots 1, 3, and the East right-of--way line of South Eagle Road, thence along the line common to said Lots 1 and 3 continuing South 89°58'20" East a distance of 99.90 feet to the POINT OF BEGINNING; Thence leaving said common line North 00°01'30" East a distance of 7.23 feet to a point; Thence South $9°58'30" East a distance of 20.00 feet to a point; Thence South 00°01'30" West a distance of 7.23 feet to a point on said common line; .Thence leaving said common line continuing South 00°01'30" West a distance of 9,91 feet to a point; Thence North $9°58'30" West a distance of 20.00 feet to a point; Thence North 00°01'30" East a distance of 9.91 feet to the POINT ()F DFriNNI'NG. Said Water Line Easement catrtaining 343 square feet or 0.01 acres, more or less and is subject to all existing easements andrights-af--ways of record or implied. END OF DES~RYPTI[ON Kevin N. Sorensen, PLS 11120 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 465-568 _.._ .,__~ -~ ----~:.r- U:\TS~UB5\Gardner Ah~quist 1Vlaridian Clatevr'aylsurv~yUagalsV-DDITIONAL WATER EASEMENT 3-id-08.doc - --m- '-~ ~! ~ i f ~ ~~ ~ ~ s ~ ~ { ~ sr ~; ~ ,,i I i '~i , ` t i ~' ~ ' ~ i ~ K 3 k a ~~ s ~ r ~ i ~ 3 ;' €:~ , ~ i e .`.~ ~~ t , ~ r ~ i a [ ~ ~-. ? s s ~j': i ';{ < ; €; ~ < ~~ ~ '~ ~ I + ~ ~j' r ~ r' j ~ ~ i i ~! '~i i ? 1 ~ t t ~ 3 ~ ~ ~~ f .. E ~ is I ~ t ~, ~~ ~ ~ ~~ ; ~3 ~ , ~ ,~ ~~ t 3i t 7 { 1 If r~ '~ 74~ j ' ~ ~ ~ di '~ ~ I ; I ~ -seta ~vut-varavn na.ucz+at^~rv e++m. ~ "~' 1~,7~~ V..'7L~ V ~ ~•"b- u' V 1V.f~ ~NI~3AZIIIS •~i~i ~.~1~.CD~[S ~Q12II~L '~ .~~~~~~~~ ~ ~ ~~~ ~g ° ~ ~ ~ ~ ~' ~~ I . ,£ •L , l 6 ~• ~. ~ ~ ~ ~~~ I ~,~ V L _. _._. ~ ~ _ N n •~ ~ ~i i -- ~' ~~ ~ i~ IM ~ i i ~ ~~~ 1 ~~ r~~~ !~ ~ °~ N O ~ ~ ~ ~ ~ ~ ~~ w ~ ~ ~ U ~ ~ ~ Z ~ ~ C7 ~ O p ~ ~ O U ~ as ~~~~m ~ ~~ j I ' ~ ~, ~ ~ .~ ~.. a ~ ~ ~. , ~ ~ ~ ~ i_.: ~ I { ~ ~ ~ ~ ~: ~r3 ~~~ ~~~ ~~ t I E f { _' k R 7' I e i ~ t t p`I I i' t =o a~i _a ~, .. ~ -~6'6Z4-Z ~ ~' ~ ~. p~ .. l0'£~8Z ~ 3.i+£,OZA(DS ~ OfN1~Itl99 d0 Sib'tlA 01108 H74?Vr~'S L9~-£ 3JVd ~£4 H008 ~r~ ~m ~z 0 N~ ~~O ~~ ~~~ cn ~w~ ~o~~ ~~ ~~~ ~N ~ ~ ~~W~~ a~~ ~W ZM~ ~ ao ~° ~~~ 1 ~ ~~ °~~ Z pco~ O ~-- ~^ U I ~ _O ~~~ 3 ~~ " ~ a E, ~ vi ~ ~ ' '~ `' ; ~ ,~ i q~. ~ f~ ~, ~ E E-.. ~ t ~~, r ~ E ~ ~ ' ~ i i ~~: ~ i b f.~ iii ~ ~ jt f r I i i .. ~r ~ li r ;, 3 i j. ~i: I ~1 ~ iE ~ 1 ~ 6 ~~ ` J i I.' f ~ ~ i.Y{ '~ ~ is :~' ~.~ S ~ ~ ~ _. ~~ ~ 3 3 I i f~ , ~ ~~ ~i E ~ l t 4 t ~ ~~ ~~ ~ i~ a ~ ~ ~ i ~~ ~ ~ ~ ~ E 1 t l n. II ~ I ' t 111 s,~ ~ i {{t7 ~~ ; ~ i~1 (} ]' ri 1 ~. p ' ~ i I f e7 f 'i 4 ~1: -1 yg • Memo City of Meridian Public Works Dept. ~~ ~ ~~~ Cif ~f T~eracli~s City Clerk ®~ce To: Mayor De Weerd 8~ City Council From: Karie Glenn CC: File Date: 3/19/2008 Re: Proposed Agenda Items for 3/25/08 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 3/25/08 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Gardner Ahlouist Gatewav #1 by Meridian Medical Plaza LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Gardner Ahlquist Gateway #1 by Meridian Medical Plaza LLC and authorize the Mayor to sign and City Clerk to attest 2) Water Main Easement for 10-Mile Christian Church . Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for 10-Mile Christian Church and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. ~ Page 1 F' ~ z `! 1 ~ ~ ~: ~ ~ I , { + r ? 1 m ! I I~ ! $ ; 1 1 r 3 .. k k ~ ~ ~ i ~, _I ~ f 3 i E ~ ` y I , ~~ as EE{ £ ~{ 1 { ~ ~ ~ ~~ { ~ ~ + ~ 3 r f ~ f ~ E 1 P t - f f ~ q 91 ~ C~ ~ E ' i ~~' qj I .. ~ ~ ' z f ~~ ;~ ~. ~ Y. `~ ~ ~ ~ 3 ~ ~ ~ ' ~ 3 I ! ~' ~ ~ f~ 1 i i E ~ ~ i ~ , ~ ~ ~ { i ~ 4 ~: ~ { ~ ~ t ~ 1 ~ ~ E , ~ , r 3 I I ~ ~( r f r ;1 ' i ~ ~ .~ ~ ~ ~ , i ~ ~ ~ ~ c i r ; ~f i ~ ~ ~ i 1. ~ s ~ ,3 ~~ ~ d y WATER MAIN EASEMENT THIS INDENTURE, made this f~ day of ~G~t 20~_between ~~'ii</i9/~ ~~r.~l;~kf~az/ /lL ,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. 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 Water Main Easement WATER MAIN EASEMENT.doc 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: --,~ President Secretary STATE OF IDAHO ) ss County of Ada ) On this ~ day of /1/I~iYG~t- , 20 d~ ,before me, t e undersigned, a Notary Public in and for said State, personally appeared Z: 7ho~nc~s' ;~~~~ rs~ and known or identified to me to be the President a~d.Secreixy, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, [have hereunto set my hand and affixed my official seal the day and year fist above writt LY a~M ~°ti a~~ o ~ tiOT,~•} ~ N A BLI FOR IDAHO ~ ~~ A~ C Residing at l3T~iiv~ rrgii~rr,i ~hf ~Ii SP /G' ~~ ~/, ~~~+~ 8 Lt Commission Expires: /~ ~•=~ • r• ~ v ,,,~~9~.F DF lU ~'~~ ~~ GRANTEE: CITY OF MERIDIAN Water Main Easement EASEMENT.doc WATER MAIN d` 11 ~ fa ~ f ~ ~ t f ~ ~ 1 ~~ , ~: { I (r y3 ~ ~I ., ~ ~ y ~ ~ { y ~ ~ a; ,u ~# ~ ~ ~ ~ r k ~•; { - , ~ r ~ • ~ ., ~ F - ~ k i E r < ~ z 4 ~n ~ ~ ~ ~ r t ~~ ; s !~ S ~~ E s ~ ~ ~ ., ~ ,- e i ~ s ~ t ~ ; r ~ ~ ~ ~ '~ } a ' ~ ~~ ~ f ~ is r • , .. ~ ~ ~ ~ '.~ f ~ ' ~~ 4{ .' . ; ( _, ~I~ }. ~. ~~ '4 "~ d ~ c .' ~.~ F .. ~ f ,F~.; r;. ! f ~ 1 a i Tammy de Weerd, Mayor `~ Attest by Jaycee Hotman, 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. NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: Water Main Easement ~ ~ ~ ~ ~, ~ ~~ ~ ~ ~~ ~ ^ ~ i, ~ ~{, : ~ ' ~ i t l # ~ ttt ; 4 3 ~~ . ~ ~ ~` . ( '~ ' 1 i ' ~ s I F ~ [E~, 1# .I li'if~ ! ~l~ EASEMENT.doc WATER MAIN ~ ~ k t ! ~ a ~ f , i ''~ ~ ~ i i k j ' ~~ ~ ~ ~ ~ ~ ~ ~ a ~ ~ E t ,„ ° . ~ F t t , ~ ~ ~ ~ ~ ~ ~ S ~ ~ ~ }} ~ E ; ; l: \ 1 1 i ~ jx F I ~ ~ t [ ~ 3 1 ~ S C ~ : i I I 3 { if qp ~~ ~1 ~ Y i ~~ f ' f S ~ t ' { , ~ ~ , ~ I f pp S 6 I'~ - `' ~ 3 i ~{L: i ... ~ . `: ~ ~_ t EXH WATER LINE EASEMENT FOR CITY OF MIERIDIAN • A Water Line Easement over under and across a portion of Lots 1 and 3, Block 1 of Gardner-Ahlquist Gateway Subdivision No. 1 as recorded in Plat Book 100 at pages 12936-12940, Ada County, Idaho and situated in a portion of the Northwest 1/4 of the Northwest 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows. Commencing at a brass cap monument mazking the Northwest corner of said Section 16, thence along the West line of said Section 16 South 00°20'34" East a distance of 223A6 feet to a point, from which a Brass cap monument marking the West 1/4 corner of said Section lb bears South 00°20'34" East a distance of 2429.95 feet, thence leaving said West line South 89°58'20" East a distance of 115.01 feet to a 1/2 inch rebaz, marking the intersection of the line common to said Lots 1, 3, and the East right-of--way line of Soutli Eagle Road, thence along the line common to said Lots 1 and 3 continuing South 89°58'20" East a distance of 99.90 feet to the POINT OF BEGINNING; Thence leaving said common line North 00°01'30" East a distance of 7.23 feet to a point; Thence South 89°58'30" East a distance of 20.00 feet to a point; Therice South 40°01'30" West a distance of 7.23 feet to a point on said common line; Thence leaving said common line continuing South 00°01'30" West a distance of 9.91 feet to a point; Thence North 89°58'30" West a distance of 20.00 feet to a point; Thence North 00°01'30" East a distance of 9.91 feet to the POINT OF BEGINNING. Said Water Line Easement containing 343 square feet or 0.01 acres, more or less and is subject to all existing easements and rights-of ways of record or implied. END OF DESCRIPTION Kevin N. Sorensen, PLS 11120 Timberline Surveying 847 Pazk Centre Way, Suite 3 Nampa, Idaho 83651 (208} 465-5687 U:1TS-SUBS1Gardner Ahlquist Meridian Gatewaylsurveyllegals~ADDITIONAL WATER EASEMENT 3-[4-08.dac j E ~- ;Si 'i f ~ ~~ ~~ `~ ` ~ ~ ,~ ~ fi 3 ~ ~~ t ~ a ~~' ~ ' . ~ ! ~ ~ ..~ T ~ ~ Y :~ ! ~_ 'Y ~ ~ ~ r~ ~ ~9~ ~ ~ ~ I ~ i Q I 1 ~4 ( i s ~ t ~ ~ i ~ 4'~ i # 3 r ~; ~, ~ ! !~ [ ~ F ~ ~ ~ ~ rr ~ j ~ ' ! G F ~ ~ ~ ~ f' 1~ ,, ~ ~ ~ ~ ~ ~ , ~ _ R f ` ` , Y ) [ f' i ~ I ~ F ~ 3 ~ 6;. P r ~ r q i s t c i i ~ ~ m ~ .~ z ~ I~ n M ~y ao 1 M 1 ~~ ~~~ o~ y m ~i~- ~ ~ .,, a w 0 ~ ~ ~ z A a ~ ~' ~ F• Q Q rs7 a O vi I I I us as ~ ~ ( ~ +. • a ~ i ~ ~~ ~ i I p~l~ r- __ 03 ~`~ I I =g I I J d ~ ~ I I~ ~ .- I I'~ ~ , ~;,~ L J~ ~ O °$~ ~ _ ~ ~ /, Q ~ F~F N Z S N. ~ \ ~ ; o, °~ ~ ° n ~~ ~a .~ ,_ ~ ONIiitlS9 ~0 SIWB WON 8"IE1tlS 'S G86£ 3JVd '£4 H008 0 \cc' T 6 3m Y Z _OpOp W~O N ~O 4.'-~ m~ OW~ f~Jfp~~ }•~ `~ q~~ z~ppU C~~ 2ZQ ~_ W FF-Z-- M ~ ao a ~i~ Q~ V~~ ~o °~o z a tO O ~ '- U a of r- Q ^N W Q a s. f ( K ~ i { ~ ~ ~ S i ~ ~ ~ ~ d ~ i {{ i ~ . s (( E k ~ r G~ ~ i ~ 3g r~ ; ~ ~ ~ 1 i r b aj '~ 1 ~ ~ ~ f ~ ~ f ' ~ } ` ~ t j { t ~ ' ~ ( ~ ~ . ~ II 'F l~ ~~ A I f tt ~ 2 2 ! ~ ]tj it 111 1` j ~ d ~ i ~~ ~ (y ~ ~p ~ k ~ ~ ~ 5 ~ ? I t ~ ° ~ 1 ~ f ~' ~ ' .. ; ~ ~ i' 3 ~ ~~ ~~ = ~ ~ . ~ d # ~ ~ ~' r ' r ~k ! ~ '~~ ~ ' ~ i ' f t ~ " ~ E ~ ~ ~+ ~ is r `r v I ~ ~ ~ ~ , i ~~ S 1 ~ f ~ ~ A y: F i A O z o ~ ~ o z z ~ o z ~ ~ Q d O ~ ~ ~ O March 21, 2008 MERIDIAN CITY COUNCIL MEETING March 25, 2008 APPLICANT ITEM NO. S-E REQUEST Water Main Easement Agreement for 10-Mile Christian Church 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 pubUc meetings shall become properly of the City of Meddlan. ,; ~ $$ } r ~ i r d R ~9 ~ ~~ ~ ' l i ~~ jj ~ ' ' 1 ~~ r ~ ~ C. ~ ~ i V ~ Y # ' t ~e ~ C~ f !~ 3 I f It~ ~ _ 1 ~ S { 1 ~ ~ 3 - ~ f k ~ f ~` t ' ; i~ F 1 S ~ , , ~~ ~ E {t~ ~ 5tj ~ ~ ' j ~' ~ ~ , ' ~ . ~ ~ ~ ~ i , s, i~ , `; ~ F C ~i ~ ~ t i ~ I " ' ~ -. I I ~ a ' ~ ''I ~ ~ ~ '~ ~ f n ~ ~i ~ < ~} ~ i ~ ~ f i ~ F i ! H , 1 J f i ~ ~ x - I ~ S P - . , , ~ t ~ j ; i ~, ~ 5 t, Cf I S S ' E5 '., i ~ ~ ' C t c ~ j~' } s~ ~ ~ S e i i L 1 } ~ r ' ~ ~ ~ , f {} COMMENTS See attached ~PP~"~ • ADA COUNTY RECORDER J. D~NAVARRO AMOUNT .QO 10 801SE IDAHO 04/1I/08 11:08 f DEPUTY Vie~1 Alien III 111111~III'II„II'I'I'IIIIIIII I'll RECORDED-REQUEST OF 11~8043t~8~ Meridian City WATER MAIN EASEMENT THIS INDENTUIt>/, made this day of~U..T 1, 2~ 4 between 1C1-~~~ t 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 water main right-of-way across the premises and properly 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 WI~REAS, 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 EXbIIBIT A and B) The easement hereby granter 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 &ee 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 Grantce, iNs successors and assigns forever. I'1' 1S 1JX1'itESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the waxer 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 respons~le for repairing, replacing or restoring anything Placed within the area descn'bed in this easeme~ 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 withiu 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 therec,f, shall cease and become null and void and of no further effect and shall be completely relinquished Water Main Easement easmt wtr maim ~, PaB (~~\ e THE GRANTORS do hereby covenant with the C'~rantee that they are lawfully sei~~ci and possessed o£ the aforementioned and descn'bed 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 fi~ part have hereunto subscribed their signatiues the day and year first herein above written. GRANTOR: President Secretary STATE OF IDAHO ) )~ County of Ada ) On this ~~ day of m~~~ Z0 ~, before me the undersigned, aNotary Public in and for said State, personally appeared 41~ Nevfhei~~ ~ (~a<se\t Tay~ot and _ 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. gRESy ~~ y .... NOTARY PUBL FOR IDAIiO ..`.~e~•' • • ' •!s' ~'• Rcsidiag at M'~ID~Re~ , \a ~1t 4 v' ~~~ ~ R~- •'• Commission Expires: `~-O1~-2.0\0 .; . .~~~ ., , Water Main Easemem easmt wu' main ` , ` ~~ '~ ~ c~ ~ ~: ~ rR ~! t t if ~ i f : ~j ~. ~ . ~ a Y ~ ~ . ~' ~ ~ r + ?i ~ ((i ~ , ~ g, r .~ 3 ° t ~ ~ 6 s ~ ~ ~ i t { S ~ r ~ ~~ ~ ; ~ E~ 7 i ~ i ~ 3 ~ 4 ~ ~ f ~ ~ ~ j , ~ y~l ~ S ' j jr ? ~ (~F ~ p { 1 }- ~ i f ~ ~ ~ i ~ ~ i ~ ;t ~ 4 ' 1 ~' ~ ~- ~ ~~~ iiii ~ ~ ~ B ~ ~~ a ~ ~ F ~ ~; _ i i dd 1 ' is i Q ~ i~ ~ ~ ~ i l I_ ~ N~ r~ ~. 1 ~ ~ 1 ~ ~ - i ~ k 1 ~i `' t i ~ ` ~ E ~ ~ ~ 4 ~ ti ~ ~ E ~ ~ , s ~ ~ , E d 3, . i ~. ~ y . ~ ! n i { t ~. 1. t • CIT'Y' Ob' MERIDIAN _ Tammy de Weerd, Ma 7aycee olm City Clerk Approved by Council on STATE OF IDAHO, ~ ) ss. County of Ada, ) `'`~~~~ii{{11{itllllt//1~~~~`'r'r O f ~~~~ - ,~r¢' '- ~! `~ `~~ On this 2~day of ~rlw V , ,20~ ~ before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and Jaycee Holman, lmown to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS '1~YIEREOF, I have hereunto set my hand and affixed my official sea] the day and year fast above written. *~eree e,~e~ ~ eee~ SEAL ~~~• ~~ ~~.~ C, e ; ~+ `, ; : Notary Public for Idaho ~~; ~ ,~%; ~~• Residing at: ~~.~, 1 ~ ' i • ~~ ~, ~ ~ „~?~; My Commission Expvres: 1d -l 1-1 ''~~`` • .i ~,. ~... • r 1 I ! '' `~ 1 F ,,~ 4~ w ~ t` ~ k fi, E L- {f f ~ 3 4 ~y ! ~ ~ { I == j t t 1 Y? ~ ,~~ ~ ~ ~ f ~ F ~~ 3 ~ ~ ~ ~ t ? k i ~ z ~ ~ ~ i E ~ ~ ~~ ~ , i~ ! ~ ~ ~: i ' ` I~ '' ? ' . i ~ { ~ ~ I~ ! ~ ~ ! ? ~I ~ r 4 j ~ p i ~ ~ f ! i ~ ;~ ~ i , ~~ t ~~~ ' R .i 1 i~ ~ ! f ~ 1 i 1 F @- ~ ~. _ e ~ f= ~ ;. ;~ F 3 }} F' ~ {.. ~ .~. }(~ - t; h { ~ Y i ' EXHIBIT A Legal Description -Ten Mlle Chris~an Chrnrch, Inc. Property, Water Line Easement Two 20 foot wide parcels of land located in the S 1/2 of the SE 1/4 of Section 1q Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly desalbed as follows: PARCEL? Commencing at the SE Comer of Sedaon 10, formerly monumented by a 5/8" Steel Pin (Corr~r Record Instrument Number 8725155), ryaid Point of Cammencir~g being North 57°04" 26° West a distances of 0.27 feet from a found Brass Cap Aonument (Comer Record Instrument Number 106968618), said Point of Commencing also being South 89°15'24° East a distance of 2640.64 feet from the S 1/4 Comer of Section 10, monumented by a found Brass Cap Monument (Comer Record instrument Number 8951331), said Point of Commencing also being South 00°52'05° West a distance of 2646.17 feet from the E 1/4 Comer of Section 10, monumented by a found Brass Cap Monument (Comer RerArd {nstrument Number 103212088); Thence North 00°52'05° East, coinddent with the easterly line of the SE 1/4 of Section 10, a distance of 236.49 feed Thence North 89°07'55° West, perpendicular to the easterly line of the SE 1/4 of Section 10, a distance of 25.00 feet to a point on the westerly right of way line of Ten Mile Road and the POINT OF BE[31NNING; Thence North ~°56'44° West a distance of 64.07 feet; Thence North 00°49'40° East a disthnce of 105.63 feet; Thence North 44°39'53° West a distance of 29.67 feet; Thence South 90°00'00° West a distance of 259.36 feet; Thence North 47°21'48° West a d~nc~ of 248.09 feet; Thence North 87°16'49° West a distance of 44i.76 feet; Thence South 47°43'11° West a distance of 60.17 feet; Thence South ~°58'44° West a distance of 101.59 feet; E i FF ~ k~ t ~ ~ `. ~'. .- ~ ~; ~{ 4 . { f ~~ ~3 r ~ t i Ii .1 EN fr ~, E~ r t 1 i 3 `i k ThenC.a South 80°50'11° West a distance of 150.19 feet; Thence North 88°14'31° West a distance of 101.03 feet; Thence North 76°58'22° West a distance of 102.6fi feed Thence North 65°42'15° West a distance of 102.66 feet; Thence North 54°26'05° West a distance of 102.67 feet; Thence North 43°09'18° West a distance of 40.93 feet; Thence South 44°38'00° West a distance of 156.00 feet; Thence South 89°3i~'00° West a distance of 99.87 feet tc> a point on the easterly line of Ada County Highway District right of way, lnsihrument Number 106073897, Ada County Recorder Records, said poirrt ring the beginning of a note-tangential curve; Thence northerly an said non-tangential curve to the IeFt, cainadent with the easterly line of said right of way, an arc distance of 20.40 feet, said curve having a radius of 62.50 meet, a central angle of 18°41'59°, and a chord bearing North 09°37'18° East a distance of 20.31 feet; Thence North 89°38'00° East a distance of 88.06 feet; Thence North 44°38'00° East a distance of 156.51 feet; Thence South 43°09'18° East a distances of 59.75 feet; Thence South 54°26'05° East a distance of 98.72 feet; Thence South 65°42'15° East a distance of 98.71 feet; Thence South 76°58'22° East a distance of 98.71 feet; Thence South 88°14'31° East a drsl7anaa of 97.15 feet; Thence North 80°50'11° East a distance of 144.42 feet; Thence North 58°58'44° East a distance of 95.76 feet; Thence North 47°43'11° East a distara:e of 66.48 feet; Thence South 87°16'48' East a distance of 60.30 feed F M'C\ i r. V 1 x ~ ~ e J ! 9 ~ ) f ~ ~ r ~ i ~ V V F ~ ~ ~ ~ $' { 1 ' ! ` t f ~ ~ 1 { I f ~ i s ~ r ;~ ~ e f ~: }, ' t ~ ~~ i ~ ~ ~ i ;. 2:f ~ '~ ~ A ~ of € 4 i S~ ~ ~ ~ E k ~ ~ } ~~ 3 ~ i' ~ E~ I ~ ~ ~ f ~41 V I ~ ~ 1 i -~ ~ ~ _ - p i j. _ J ,~ ; _ 2 { _ f4 5 .a ~ ~ + { , ~ ~ ~ ~ ~ r ~ ~< i t ~ ~ i F i !! } f ~ F ~ R ~ ~I j i 1 A r ~ E 1;. !7 ~ ad ~ ! ;Jt ' ~ ~ •q q 1, ~ ~ y li , ~ { ~ S I ~ ~~ ~ ~ S I ~ wi [ ~~ ~ ~ ~~~ I ~ a 1 ~ ~; i it ~3 ~ i ` ~ ~ ~ e Thence South 47°21'46° East.a distance of 247.55 feet; Thence North 90°00'00° East a distance of 259.90 feet; Thence South 44°39'53° East a distance of 40.41 feet; Thence South 00°49'40° West a distance of 94.10 feet; Thence South 88°x6'44° East a distance of 44.08 feet to a point on the wes#eriy right of way line of Ten Mile Road, said point being offset 25.00 feet perpendicular from the easterly line of the SE 114 of Section 10; Thence South 00°52'05° West, parallel with and offset 25.00 feet from the easterly line of the SE 1/4 of Section 10 and coincident with the vae$terly right of way of Ten Mile Road, a distance of 20.00 feet to the Pf71NT OF BEG{NNING. The area descrit>~ above contains approximately 0.812 acres. Basis of bearings is Grid North, Idaho State Plar~ Coordinate System, West Zone. PI~RCEL 2 Commending at the SE Comer of Section 10, formerly monumented by a 5/8" Steel Pin {Comer Record Instrument Number 8725155), said Point of Commencing being North 57°04" 26° West a distance of 0.27 feet from a found Brass Cap Monument (Comer Record Instrument Number 1168818), said Point of Commencing also being South 89°15'24° East a distance of 2640.64 feet from the S 1/4 Comer of Section 10. monumented by a found Brass Cap Monument (Comer Record Instrument Number 8951331), said Point of Commencing also being South 00°52'05° West a distance of 2648.17 feet from the E 1/4 Comer of Section 10, monumented by ®found Brass Cap Monument (Comer Ret~r+al Instrument Number 103212088); Thence North 00°52'05° East, coincident with the easterly line of the SE 1/4 of Section 10, a distance of 236.49 feet; Thence North 89°07'55° Weal, perpendicular to the easterly line of the SE 1 /4 of Section 10, a distances of 25.00 feet to a point on the westerty right of way line of Ten Mile Road; Thence North 00°52'05° East, parallel with and offset 25.00 feet from the easterly line of the SE 1/4 of Section 10 and coincident with the westerly right of way of Ten Mile Road, a distance of 20.00 feet; Thence North 88°56'44° We,~t a distance of 44.08 feet; ~ ~ { ~ t 1 i~ ~' , ~ ~ ~ "~ i '. ] {{{ ~ I S c 1. ~ ~ , ~. p p' 1 ~ i Y j i S ~ c 1. A ,~ c ~ '} . t ~ 4' i ~ ~ ~ '' ~ e i; ~ y '~ { 1. ~ _ r ~ ~ : 3 x ~ E ~, ~ t; r ~ ~ ;r i ' ~ ~ : . , ' ~ ' ~ r ~ ~ ~ } @t~ ~ F ~ '- i $ ~ i ~ y t i ~ % ~ ~ 6 $ + ~, _ ~ f, + ~ i '~ i ! ~~ ~; ~ ~I y I a~ ~~~~ ~ Ai r ~ , i ~ 1{ p f ~ ~ ~ ~ 3 ~ ~ i ~ { a ~ s C ' 1 i ~ 4 ~ ~ ~ i_ ~ t ii ~~ S~ i 4 T ~ 4 ~ j • Them North QQ°49'40° East a distance of 94.10 feet; Thence North 44°39'53° Wit a dunce of 46.41 feet; Thence South 80°00'00° West a distance of 259.E feet; Thence North 47°21'48° West a distance of 247.55 feet; Thence North 97°16'49° West a distanoB of 60.30 feet: Thence South 47°43'11° West g distance of 18.56 feet to the POINT OF BEGINNING; Thence continuing South 47°43'11° West a defence of 21.35; Thence North 21 °47'41 ° West a distanc® of 148.80 feet; Thence South 69°12'18° West a distance of 24.96 feet; Thence North 21 °47'41 ° West a distance of 20.00 few Thence North 68°12'19° East a distance of 24.86 feet; Thence North 21 °47'41 ° West a dis~nce of 193.18 feet; Thence North 28°02'31 ° West a distance of 46.28 feet; Thence South 39°27'29° West a distance of 26.88 feet; Thence North 50°32'31 ° West a distance of 20.00 feet; 'thence Norttr 38°27'29° East a dlstanCe of 29.34 feet; Thence North 50°32'31 ° West a distance of 54.68 feet; Thence North 69°44'06° West a distance of 210.56 feet; Thence South 45°15'54° West a distance3 of 20.33 feet; Thence South 44°44'06' East a distance of 55.77 fit; Thent~ South 45°15'54° West a distance of 20.00 feet: TFrenca3 North 44°44'06' West a distance of 59.77 feet; Thence South 45°15'54° West a distance of 123.53 fit; r,- I i!iiIlLLiNlllMl~~f'H'rll . j ~ ~+ y ~ ' n t 1 7 r k ~ ~ " n ( ~ i a i ~ r } ' i ~~ . ~'~ { I 1 F ~ 1 f i 1 j ~i ~ z ~~ ~ B ~ ~ 33 t 6 p $k ~ t t r ~ . ~ ; 9 ` € ~ f ~ ' t h 1 ~ [ ~ ( . p ~~ 7 7 ~ { I ~ ~i ` ~. i k ~ F ` ~ ~ ~i i ~ ^; Thence South 23°15'54° West a distance of 133.87 feet; Thence South 66°44'06° East a distance of 103.14 feet; Thence South 23°15'54° West a distance of 20.00 feet< Thence North 66°44'06° West a distance of 103.14 ; Thence South 23°15'54' West a distance of 88.38 feet; Thence South Qa°44'4T West a distance of 26.98 feet; Thence North 43°09'18° West a distance of 19.75 fit; Thence South 44°38'00° West a distance of 9.09 feet; Thence North 00°44'47° East a distances of 23.29 feet; Thence North 23°15'54° East a distance of 2x0.13 feet; Thence North 45°15'S4s East a distance of 176.03 feet; Thence South 89°44'08° East a distance of 225.97 feet; Thence South 50°32'31° East a distance of 79.94 feet; Thertioe South 28°02'31 ° East a distance of 57.88 feet; Thence South 21 °47'41 ° East a distance of 355.40 feet to the POINT OF BEGINNING; The area described at~ve con~ins approximately 0.624 acres. Basis of bearings is Grid North, Idaho State Plane Coordinate System, West Zone. C~Y-l.[JS1.14.1Z d~.. Charter L. Hordes, PLS 8726 WH Pacific, Inc. February 26, 2008 ~ ~ ~ ' ' :. 1 ~ : ~ ( ~ ~ ~ I ~ ' ~a ~ ~ ~ 1 S' ~~ ~ ~ s , ' ~ t '~ 1 F ~ # 5 k ~ , t~ ff ~ F ( i ' ~ ~ if P s ~ ~, z ~ ~ i 1 y3 e t 1 1 1 ' r ~i,l ai ~ I ~~ < ; - i ~ ~N ~ ! ~ ~ ~ °+1 1 f }i ' ~ t 1 37 ~ 111 ~ i ~ ` ( 1 ,~ ~ ~ ~ ~ 1 t ~ k ; + ~; i j ~ 1 1 1 ~ k r- 1. 1 ~ ~ 7. ~ r i '~ 9 ~i ~ i { F ~ 1 i!!!i y ~ 41t 1 i 1 f ~ ~ ~ ^~ ` ~ t i~ i 1 ~' a ~ ! ~ ~ ~ ~ 1 3 T '~ ~ E ~ ;~ ` ~ 4 ~ ; i F ` ~ ~ i ~ «' ~ ?` ~ ~ ~ ~ ~ 1~, ~ i x ' [ ~ G y, ~ n, 3 r~ a ~ i ~ 1 RI: 2 ~ I ' ~ r ~ ; ~ ~ i C i ~ f , ry w 0.+ ~ ~ o ~~ ~ ~~ ~ ~ . ~l ~' Q v ~ ~ «~~~ r~1 ~y 4~~ o -1 ~ o ~W [~ '^1 ~ [~ FV~l W ~o~ U w E+ O ~~ --~r-~~i QTR d2T 3"IILIT 1~T~.L ,LL'9i-9Z ~ ~90,Z~OQIY ~ 1~ ~ ~ ~ ~ ,89'60~6Z rq .6i.'9fi'Z ~ n' ~ ~ ~ _~Q ~ ~~.. ~z~~ ~ ~ I ~ ~U ~°4' ~q~~icoa.1 ~ atr~ ~1~ ~ I ~ W~~O,pvi Off" ~~ ~N O'~ ~ 1~ ~ ~~W~10~ c~~ ~ z w ~i aa.- ~ ,°~ o z ~ c.~ ~ `~ ~ *Fi R4 ~ N ~ ~ ~ vi O q ~w 0 ~ . ~i ~~~ ~~ ~~ ry1~ ~~~ c~i ~~~ ry~_ pry ~ z ~ ~ N ~ w ~~ '~~- ^ ~ ~ w ~' ~, ~ a ~~ ~~ ~ny ~~ ~ ~ ~ y ~r v43W~ '~~ ~N~ °~]~ ~~o ~ z g a 3 'Lo ~ s 3 ~a ~' ~ ~~ 3 ~~ '~ s w A NN ~ N ~ ~~ ~7 3 ;t Q ao ~ w O $ +~' ~~ t}~ w I ;.. ~ e ~~~N z ~ ~' ~ ° b 4 ~ i~. 0 (dp R. tO N iq 1~ ~ i~ w t~o O 0 -~ 0a ~ i~ aD 0) :... i~ ^ O~f :- sF ~ o w ~ co 0 0 0 N ~ ~ V, z a a3 a3 e 3 a~ a~ W a ~ a n ~ ~ 3 Q +.1 ~ 3 ~ E -- w ~ - ~, ~ ~ ~ ti ~ ~ p ~ ~] ~ ~ , . ~ ~ ~ ~ ~ pp~~ p4 isryF O~~ p Cp ~ ~ o~p o z a ~ ~ ~t ~ ~o n ~ a~ 4 ~ ~ ".-' ~ t7q ._._ $ T~ a N O N d v-. l~; ~I V ~~ ~ ~~~ .~ ~~~~ "~~~~ ~~ ttJ f~ i i I? S,~ ~'~ ~a I aW o ~ £(OR ~ i~- • ~~ ~ ~~ oy ~ I z4~ ~ c+d U ~ ~~ ~~ ~ h ti ~~~~ t `~ ~ ~ v, ~°. ~ chi f, { ~` i ~ ~ ' ~~ ~3 ~,. ~ ~: LE ', hhh~: {C' [ ~~F k +' ( t~ ; d.. E , i `~ E i f ;: ~. V ... f -~ 1~PA1'.ERLINE EASEME~YT EXbTIBIT -PARCEL 2 A 20 FOOT WIDE PARCEL OF LAND LOCATED IN THE S 1/2 DF TIC SE 1/4 OF SECTION 10, ~': 3 N., R. 1 ~, BOISE MERIDIAN, CITY OF IIERIDlAN, ADA COiTNTY, IDAHO 2bb8 I GRtD NORTH I.S P.C.S.. WEST ZONE (aor 1o sacALE) SB9.44'06~ .~, 225.97' , ,6,~~ ~a9~3~ ~`' o'~ L9 ~ L7 ~ ~ ~~,1~. ~'a ~~ uo Ls ~ 4~. S45'95'S4"W L ~ +~ 12353' h~ ~ S23'15'S4"W N2i'47'41 "W ~~ ~ 133 87' 193.18' ~'~ ~ 566'44'06"E N68'12'79'~ ~r w 10314' 24.96' ~) ti N8fi 44'06'W S68'12'f9'W~ '~ 103.14' 24.96' L 4 52378'S4"W N2147'41 "W Lf5 ~~ 14360' L16 547'43'11 " 21.35' ST O 8726 ~ ~`°`"~ ~~ ~ 02~2(o~20©B S28'02`3i°E 57.68' 259.90' I N00 49'40"E 94.70' L7 ,~ N00~2'05"E ~ sw 20.00' o LINE TABLE UNE BEARING DISTANCE Li N88'S6'44'W .08' L2 NZ147'41 "W 20 L3 N 8 02'3f "W 48.2 ' L4 9~ 29'W 6.88' L5 N5032 31 'W 0.00' 16 39 29"C 29.30' L7 N5032'3 'W 54.68' L8 N8944'06°W 210. 6' L9 545'15' "W 2Q 33' L90 S44'44'D6° 77' L71 5'54'W 20.00' L12 N44'44'06"W 58.77' L13 S23'f5'S4"W 20.0 ' L14 SO0'44'47° 26.98' L15 N43~79'18°W 9.75' L16 544 'DO"W 9.09' L17 '47"E 23.29' N877S'49"W E 1/4 CORNER. SECTION 10 FOUND 9RASS CAP MONUMENT ~e fi0.30 CORNER RECORD 103212098 ~~ i~ y$ ~'~~- N44 39'53"W ~ ! ~ N W '~'~ S ~,~ 46.41' a~~ 547'43'11 'W I ~ 18.55' s• S9o~0'oo"w N a ~ 4 ~1~'S 1. Hp~ 25.00' ~ a .,, z ,~ A FRANIa. II1T ROAD t 58975 24 E ~ ~ 2640.64' S 1/4 CORNER, SECTION ]0 FOUND BRASS CAP p0IIV1' OF COIl~i1TCIlVG MONUMENT {tLtEG/9LE). CORNER RECORD $951331 SE CORNER SECTION 10, FORMERLY ' ~~ i MONUMENTED BY A 5/8 STEEL PIN, ~ ~ GORNER RECORD 8725155; FOUND A ~ ~ BRASS CAP MONUMENT, CORNER 3607 W t~ s~ ~ Suih~ ~ A POIIN'1' OF BBGIlYATING RECORD 106168618 (NOT ACCEPTED), gam, p~ 837 WHICH BEARS 557~4'26'E A D/STANCE 20&x42-5400 Fax 208 342-5353 OF 0.27 FEET: '""~"~"~''°bm SHEET 2 OF 2 ~ ~' s ~ ~ i~ ~ ~ 1 , ~ ! ~ ~ " ~ < <t? ~ i ~ 44 , , ~, ~ ~ a ~ 1 ~ `" ~ (i ~~i ~ i ~ ~ ~ ~ ~ i ° r E ~ ~ ~ ,i ` ~ ~ ~ ~ ~ ~ ~ s i. ,~ ~ ~ ` ~ , ~ 3 555 ~ ~ y$ ($ 1}# ~ ~ ~ ` ~ ! ~~ ~ ~~ ~~ iEf3 ~ ~ ' ~ , ~3 ~ ~ ~ ~ I ~ ~ ` g ' ( ~~ 3 , ~(~ , ~ , ~ ~ , ~ f ~, f ~ ~ ~ ~ ~ s ,; h ; t ~ ~ ~ Memo • City of Meridian Public Works Dept. RECEIV~L+ LIAR 1 ~ 200 City ®f li~eridian City Clerk Office To: Mayor De Weerd & City Council Frorrr: Karie Glenn CC: File Date: 3/19/2408 Re: Proposed Agenda Items for 3/25/08 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 3125/08 City Council agenda, on the Consent Agenda, for Council's consideration: 1) Water Main Easement for Gardner Ahlquist Gateway #1 by Meridian Medical Plaza LLC. Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for Gardner Ahlquist Gateway #1 by Meridian Medical Plaza LLC and authorize the Mayor to sign and City Clerk to attest. 4~2) Water Main Easement for 10-Mile Christian Church . Typical Water Main Easement. Recommended Council Action: Approve the Water Main Easement for 10-Mile Christian Church and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. • Page 1 . + 7 k ~ ' X 1. ~ ' }' ~ y X 1 S f ~ ~ j ~ I 1~ ry; `~ ~~ 4~ ~ ~ y 4 ~~ i ~ ~ i f t ~,' ~ ~ } I I ~ ~~ ~; ~ ' ~ ~ 1 f ~ ~ E~ t ~ S i ~' ~ 2f I ~ i ~ ~ ~~. ~~ ~ t i ~ - ~ J7" ~~- ~ i. ~ i i ~ ~ r ! r i ~ ~ ' 9. . t y f - . F _ F ~ S~ ~„ ~ ~ ~ 1, t- h E ~• F I ~ ~ ~ ~ ~ r ~ i f ~ f k ) ' Jti ~, { ~ f ~ 3 ~ ~., ~ s, F~ i ~ i ~ ~~ 9 ~ i ~ ~ 4 4 ~ ; ~ iii ~ Y, Q ~ 4 ~ ~ ~ 1 f k p a WATER MAINT EASEMENT THIS INDENTURE, made this day of , 20 between ~(~°(`(1~~t ~"V~~S~ lL`•(1 ; t`he i rt ~ parties of the first part, and hereinafter called the Grantors, and the Clay of Meridian, Ada County, Idaho, the party ofthe second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and properly 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 ofthe 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 ofthe Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easementandright-of-way unto the said Grantee, it's successors and assigns forever. 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 ofthe 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 ofthis 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 ofthe 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 f~ N ~ ~ , ~ ~ 1~ ~ 1~ ~ ~S ~~ ~ 1 ~ ~f ~~. - I i , ~i t t R ~ ~ a` ~ ~ c~ r ~ 9 ? I ~ ~~ ~ ` ~ ~ ~ ~ t ~ f ~ ~ ~ ~- ~ II F ~ j ; ~ 1 ~ ~. a , .. . 1 ~ ~ i n ~ ~ ~ ~ ~' 4 ~i 11 y. ~ , S i ~ ~j ~ { i i ~ : ~~. ' N t ~ A . ~ ~ Y S 1. 1.1 ~ ~ 7 ~ t { 1 F i P ~ ~ a- } t ,. ~ ' ? r1; ' ~ ~ 1. .~, i f I. ' ~~ r ~ ~ ' 44~,j1 ~. I , I ~ i - N ~ ` ~ ~ i- S ~ j ~ ~ C, I ~' ti t f ~ { ; ~ fd ~ a ~ easmt wtr main #~1~ ~ ~ E f ` 1 1 ~ ~ ~: [[[[ { , ti ~ y~. 4{p P: ` ~~ < 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 yeaz first herein above written. GRANTOR: h .C ,,ri?S~~-i. President T ~., _ ~ ~ ~ ~ Secretary STATE OF IDAHO ) ss County of Ada ) On this 1~ day of M1~t~~ 20~ before me, the undersigned, a Notary Public in and for said State, personally appeared a~- ~livJ`uei~~ ~ parcell Tay\oc and . 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. ~• •~o,~ A A` `: ~Ai>r alr Water Main Easement B~ NOTARY PUBL FOR IDAHO Residing at MER\D\Ra~ ~ ~p4~~t 0 Commission Expires: `~-~~-'~0\~ easmt wtr main I I N ~ j 1 ~ ~ r i i~ ~ ; p ~f I 4 ~' (. ~ 1 fS. ~ ~ ~~ ~~ ~ , ~ ~ ~ ~ 1 ~ ~ ~, ~ ' ~ ',~ ~ ~ i. 1 ' ~ S ~ ~ .. i i ` r ~ ~1 1 ~ ~' iii i t j) '~ - f i a I ~ a ~ ~ ~ ( 1 i e . ~ ~ 9 d € 2 ; " ~ . g,i i ~ lilll ~ ~ ' ~ 1 ~ r ~ j i ~ I ~ s ~ ~~ ~ ~P~ ' 3! { r~ ! ~ ~ ~ ~ ~ ~ i~i' i ~~ Y ff ~ ~ t 1 ~ i + t t f ~~ wj ~ r i ~ i j ~~ # ~ ~ ~ ~ t ~ ~ ~ t t ~ ? ~ i ~ 8 ~ t i ~t' 1 ' E ~+ r 4 . ~ I i i t ~} ' ~ .~# 5 ~~ ~ ~ 1 } '. ~ l 1 'i f ~ i ~ ~ 1 t ~ ~~ ~ ~ ~ ~ ~1.'~ ~ ~ ~ ~ ~ ! t ~ ! a . ~ ~ j t t ` ~ ~ f z= ~, G i tt .'1 ~ T d *' ~ i ~ ~ ~ ~ ~~ 5 - e .. ~ a2 j ~ ~ ~ 1 , ~ j { f C ! ~ f i ( ~~ , i ~ ~, a ~ 1 ~ t ~~ 4 { I ~. ~ ii f ~ ' I Ai. ~ f 4 !t ~ i _ ~. i ~_' ~~.+ ~ ++ j t ~ ~ f g f i ~ ! g ! ~ ~ 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 wtr main I i ~' 3 ~: `i is ~'. EXHIBIT A Legal Description -Ten Mile Christian Church, Inc. Property, Water Line Easement Two 20 foot wide parcels of land located in the S 1/2 of the SE 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada Courrty, Idaho, more particularly described as follows: PARCEL 1 Commencing at the SE Comer of Section 10, formerly monumented by a 5/8" Steel Pin (Corner Record Instrument Number 8725155), said Point of Commencing being North 57°04" 26° West a distance of 0.27 feet from a found Brass Cap Monument (Comer Record Instrument Number 106168618), said Point of Commencing also being South 89°15'24° East a distance of 2640.64 feet from the S 1/4 Comer of Section 10, monumented by a found Brass Cap Monument (Comer Record Instrument Number 8951331), said Point of Commencing also being South 00°52'05° West a distance of 2646.17 feet from the E 1 /4 Comer of Section 10, monumented by a found Brass Cap Monument (Comer Record Instrument Number 103212096); Thence North 00°52'05° East, coincident with the easterly line of the SE 1/4 of Section 10, a distance of 236.49 feet; Thence North 89°07'55° West, perpendicular to the easterly line of the SE 1/4 of Section 10, a distance of 25.00 feet to a point on the westerly right of way line of Ten Mile Road and the POINT OF BEGINNING; Thence North 88°56'44° West a distatu~ of 64.07 feet; Thence North ~°49'40° East a distance of 105.63 feet; Thence North 44°39'53° West a distance of 29.67 feet; Thence South 90°00'00° West a distance of 259.36 feet; Thence North 47°21'46° West a distance of 248.09 feet; Thence North 87°16'49° West a distance of 414.76 feet; Thence South 47°43'11° West a distance of 60.17 feet; Thence South 58°56'44° West a distance of 101.59 feet; il; Si ~ ~ r ~ 4 1 , f ~' ~ ~t ~ t i ~ '- ~ f Cr ~ ~ ~ i { ~. ~ ~ ~ ~' , ~ s ~ al ) k 2 r ~ ~ , 4 ~t ' ! ~ ~ ~ $ ~ ~ , ~ 1 Mi ~~ t } f ~ ~} l L ~ f ~ ~ : , ~ ~~ F ' ~ ~ [ ~ ` • f t s , 1 ; _ ` ~ ~.i ~~ ~ ~ ~` ~ . . i ~ ~ ~ + f ~ K . ~~ ~ ~, i ~ z 1+. t i • • Thence South 80°50'11° West a distance of 150.19 feet; Thence North 88°14'31° West a distance of 101.03 feet; Thence North 76°58'22° West a distance of 102.66 feet; Thence North 65°42'15° West a distance of 102.66 feet; Thence North 54°26'05° West a distance of 102.67 feet; Thence North 43°09'18° West a d'wtance of 40.93 feet; Thence South 44°38'00° West a distance of 156.00 feet; Thence South 89°38'00° West a distance of 99.87 feet to a point on the easterly line of Ada County Highway District right of way, Instrument Number 106073897, Ada County Recorder Records, said point being the beginning of a non tangential curve; Thence northerly on said non-tangential curve to the left, coincident with the easterly line of said right of way, an arc distance of 20.40 feet, said curve having a radius of 62.50 feet, a central angle of i8°41'59°, and a chord bearing North 09°37'18° East a dstance of 20.31 feet; Thence North 89°38'00° East a distance of 88.06 feet; Thence North 44°38'00° East a distance of 168.51 feet; Thence South 43°09'18° East a distance of 59.75 feet; Thence South 54°26'05° East a distance of 98.72 feet; Thence South 65°42'15° East a distance of 98.71 feet; Thence South 76°58'22° East a distance of 98.71 feet; Thence South 88°14'31° East a distance of 97.15 feet; Thence North 80°50'11° East a distance of 144.42 feet; Thence North 58°58'44° East a distance of 95.76 feet; Thence North 47°43'11° East a distance of 66.48 feet; Thence South 87°16'49° East a distance of 60.30 feet; ~ f n 1 ' ~ ~ ~ ~ ~ ~ " [j 9 , ~ t jjj {~ ' ~ 4 1 ~ ~ ~~ ~, i ~ ~ dd 1 _ ~ ~ ~ f' ~. j ~ - ' (f 3 ' . - ~ ~ i. ~ ~ ~ q, ~ I ' I S I ~ E ~ ~ } t ~ F } ~ ~ l ~ ~ ~ ~ ~ I I ~ ~' i ' ~ ~ a ~~ ~' 9 ~ i j I ~ { ~ ~; ! i ., ~ ,,i,~ . ~ ~ 3 ` i ~ ~ F ` ~ ~ d ~ ~ SI ~ i ~ i. .( l~~ ~ ` ;~ ~ ~ d ., i ~. I .~ ' ~ P t r { ~ ' f„ . _ ` ~~~ }} f ~_ : t i ~ , h ~ ~ ~ ~ ~ ; ~ ~ ~ ~ E r ~ , j ~ ~ ~ ~ ~ F ~ { •.~i ~ - rr ~ ` i t ~ t { i ~ E~ t' Y ~ ~ ~; ~ l.f j , , ~ a ~ ~ ~- ~ 9 ~ ~ ~ ~ ~ 1 ~ 1 f ~ ~ ~ ~ i a' ~ 1 L Thence South 47°21'46° East a distance of 247.55 feet; Thence North 90°00'00° East a distance of 258.90 feet; Thence South 44°39'53° East a distance of 46.41 feet; Thence South 00°49'40° West a distance of 94.10 feet; Thence South 88°56'44° East a distance of 44.08 feet to a point on the westerly right of way line of Ten Mile Road, said point being offset 25.00 feet perpendicular from the easterly line of the 5E 1!4 of Section 10; Thence South 00°52'05° West, parallel with and offset 25.00 feet from the easterly line of the SE 1/4 of Section 10 and coincident with the westerly right of way of Ten Mile Road, a distance of 20.00 feet to the POINT OF BEGINNING. The area described above contains approximately 0.812 acres. Basis of bearings is Grid North, Idaho State Plane Coordinate System, West Zane. PARCEL 2 Commencing at the SE Comer of Section 10, formerly monumented by a 5/8" Steel Pin (Comer Record Instrument Number 8725155), said Point of Commencing being North 57°04"26° West a distance of 0.27 feet from a found Brass Cap Monument (Comer Record Instrument Number 106168618), said Point of Commencing also being South 89°15'24° East a distance of 2640.64 feet from the S 114 Comer of Section 10, monumented by a found Brass Cap Monument (Comer Record Instrument Number 8951331), said Point of Commencing also being South 00°52'05° West a distance of 2646.17 feet from the E 1/4 Comer of Section 10, monumented by a found Brass Cap Monument (Comer Record Instrument Number 103212098); Thence North 00°52'05° East, coincident with the easterly line of the SE 1/4 of Section 10, a distance of 236.49 feet; Thence North 89°07'55° West, perpendicular to the easterly line of the SE 1/4 of Section 10, a distance of 25.00 feet to a point on the westerly right of way line of Ten Mile Road; Thence North 00°52'05° East, parallel with and offset 25.00 feet from the easterly line of the SE 1/4 of Section 10 and coincident with the westerly right of way of Ten Mile Road, a distance of 20.00 feet; Thence North 88°56'44° West a distance of 44.08 feet; F ~j ~~ ~~ I F ~~ S ~ { ~ ~p ~ ` ~ i 1 K p ~ ` E f~ i ~ ! '~ ' ~i 1 , ~ ~ -- ~-- ;i ~ S ~+ ` ~~ ' " , ~ t i , ~ ~ :' ~ ~; f~ fir. ~ f ~ ~ s } t ~ t t g;.. , j I ~ LL ygygygh~ ~ ~ ` ( i 1 ~ y ~ l ~ S SS jfj ~ l ~' ` S ~ l I ee i { ~ i E f~ E rr 1' 1 t ~ (1 { (s r j t f of . ! ~ t ~ I I ¢¢¢[[~ ~ . , ~ ~ . a it 1 t Y ~! ' ~ E- ~ ~ ~ . , i '. .y~ . ~ ~ , i ~ i t 1 ';tr C- t (~ `{!f S Y i1 ,3 S • Thence North 00°49'40° East a distance of 94.10 feet; Thence North 44°39'53° West a distance of 46.41 feet; Thence South 90°00'00° West a distance of 259.90 feet; Thence North 47°21'46° West a distance of 247.55 feet; Thence North 87°16'49° West a distance of 60.30 feet; Thence South 47°43'11 ° West a distance of 18.56 feet to the FAINT Of BEGINNING; Thence continuing South 47°43'11° West a distance of 21.35; Thence North 21 °47'41 ° West a distance of 148.60 feet; Thence South 68°12'19° West a distance of 24.96 feet; Thence North 21 °47'41 ° West a distance of 20.00 feet; Thence North 68°12'19° East a distance of 24.96 feet; Thence North 21 °47'41 ° West a distance of 193.18 feet; Thence North 28°02'31 ° West a distance of 46.29 feet; Thence South 39°27'29° West a distance of 26.88 feet; Thence North 50°32'31° West a distance of 20.00 feet; Thence North 39°27'29° East a distance of 29.30 feet; Thence North 50°32'31 ° West a distance of 54.68 feet; Thence North 89°44'06° West a distance of 210.56 feet; Thence South 45°15'54° West a distance of 20.33 feet; Thence South 44°44'06° East a distance of 58.77 feet; Thence South 45°15'54° West a distance of 20.00 feet; Thence North 44°44'06° West a distance of 56.77 feet; Thence South 45°15'54° West a distance of 123.53 feet; "`: `j ~~, ~ i ~ ~ JJ ~ ~ ~ ~ t s ~ ) ~ l } ~ ~ iE ' { ~ S ~ - I ^ ~ c '' ~ ' Y 3 G ~ z 3, ~ r ~ 1 ~i ~ ~ + ' ~ s E ~ ` ~ . ~ ~! r ` , ~ i g ~ } ~~ ~~~ ~ ~ ' f k _ ~ a ~~ ~' 1 ~ ~ t r, ~ 4J " ~ I ~ ~~ ~ ~ f' ~ t ' t ~ ~ t_ ` 1 ~ ' ~ ~ ~ E ,~ j 7 ~, ~ ~~ f i. i j 7 ~ E !{ r~~ E s ~~ ~ ~ ~ ~ # t ~ E ~ 1 ~ ~ ~ i~ t t ~ ~ ~ ~ ~ i ~~ i h t t Q ` ' ~ jj(tt i ~ I ~ E ~ ~yy ~ • Thence South 23°15'54° West a distance of 133.87 feet; Thence South 66°44'06° East a distance of 103.14 feet; Thence South 23°15'54° West a distance of 20.00 feet; Thence North 66°44'06° West a distance of 103.14 feet; Thence South 23°15'54° West a distance of 88.38 feet; Thence South 00°44'47° West a distance of 26.98 feet; Thence North 43°09'18° West a distance of 19.75 feet; Thence South 44°38'00° West a distance of 9.09 feed Thence North 00°44'47° East a distance of 23.29 feet; Thence North 23°15'54° East a distance of 250.13 feet; Thence North 45°15'54° East a distance of 176.03 feet; Thence South 89°44'06° East a distances of 225.97 feet; Thence South 50°32'31° f=ast a distance of 79.94 feet; Thence South 28°02'31° East a distance of 57.68 feet; Thence South 21 °47'41 ° East a distance of 355.40 feet to the f?OINT OF BEGINNING; The area described above contains approximately 0.624 acres. Basis of parings is Grid North, Idaho State Plane Coordinate System, West Zone. ;:: I ', ~~; `~ ~ 3 i'. CJ ~ ~'~w ~~Jz Charles L. Hardes, PLS 8726 WH Pacific, Inc. February 26, 2008 O w ~ ~ ~~ ~ ~~~ 0 I ~ '~ A E-+ ra ~~~ ono a ~ W x~ep ~ ~ O E`+ E+ ~ W ooh W UOW~ W "" W ~o~ ~l ~,, d, O \ w W Ew c°~ W ~ E -rz a~orr ~ rr~r xis v Y _ _ 89'6tT6Z J ~ ~zQ ~Z Q a z ' ~ z , t17 ~ ~ ,6i~ 9£Z ~ ~ ~ 'o p ~~rn , ~ `~ ~~o~~ flON ~ _ J GS 0 W`nhU ~ W N W ih Off.-~Op ~ ~ Wd~ ' ~ a W a G! I V- ~NIz OQO^p~opp W~0 ~j pN ~ ~~ ~ I ~ Wm~O~~ ~QW ~~ m O Ol 2 P ON Of (A p~ 2 O ~ . 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J ~ J a~ J o ^ ~ ;~ ~ ~ J - J J J N 4,. 0 F- W ~~ Qg •~ N V~ ~ ~ ~ ~~~~ ~ tY ~~ , ~ ; ~~ ~ ~ ~ PP i -~ ~ ~ - ' s ~ r ~ r ~ ~ k ~ ~ ~ ~:: c ~ ~ et f ; 1 1 : ~ ~ ~ 8 E E q ~ t i I y ' t F ~ ~ ~ 1 # ~ { j t. l 1 1 ~ 1 1 ;t ~ . t ? t ~ ~ ~ , ~ ' ~ t ( S ~ ~ t ~ ~ ~ ~ ~ ~ ~ + ~ ' E r ( l ~~ ~ ~ , ,~ ~ '1 ~ ~ t ~ t, f 1 ; I r t z ~ i ; !~ ff ~ ~ b yd ~ ~ j j - ~ ~ c ; ~~ i ; ~ I 3 f ~ a t {{ ! ! )l a ~ ~ ftt ~ ~ f {~ ~ ~ t i ~ ~ i i ~ a f t ~ r ~ , : ~ ~ y ~ ~ { ~ g ~ ,% ~ 'r E i ~ ~ s ~~ t t ~ ~ ; fi i F ' r s WATERLINE EASEMENT EXHIBIT -- PARCEL 2 A 20 FOOT WIDE PARCEL OF LAND LOCATED IN THE S 1/2 OF THE SE 1/4 OF SECTION I0, T. ~ N., R. 1 W., BOISE MERIDIAN, N CITY OF MERIDIAN, ADA COUNTY, IDAHO 2DOB I GRID NORTH LSP.C.S., WEST ZONE (NOT TO SCALE) ?~ pp. t~ h~ "? ?ry ry~ •F. hyk~ ~~~% 589 44'06 E s'~. 225 97' ~ ~~,. s~ `~i. ~~n LB ,-~ ~' F ?V1~'UO v S4575'S4'W 12553' L6 ~J N2f 47'41'W 193 18' N68'12'191~ 24.96' - 528'02'31 ~ 57.58' N ~1 133 8r --sss•44'o8' 'rh 103.14' • N66 44'08'W 10~ 14' S2375'54'W 88.38' LINE TABLE UNE BEARING DISTANCE L? N8836'44'W 44.08' L2 N2147'41 'W 20.00' L3 N28~2'31 °W 48. 9' L4 53977'29°W 26.88' L5 N50 32 31 'W 20.00' L6. N3977'29 E 29.30' L7 N5032'31'W 54.68' L8 N89'44'06'W 210. ' L9 S45'15'S4'W 2a33' L10 S44'44'06'E 58.77' L11 S45'f 5'54"W 2x00' L12 N44'44'O6'W 58.77' L13 523'15'54°W 2.00' L14 500'44'47"W 26.98' L15 N43'09'18°W 19.75' L16 54438'00'W 9.09' Ll7 N00 44'47"E 23.29' ~`~ N87'I6'49'W '$ 60.30' 24.96' N2147'41'W 148.60' s47.43'11 21.35' L L1 L15 L16 L WHPa.C1~C 3501 W ~ Street ,Suite 20D Boise, fD 83705 248342-5400 Fez 20&342.5353 tMVw.whpedf~.com ;~ i ~ ! ~~ ~~ c. s. Q t r~ t i i ~ ! is ~ ~: €: ~ , ;;; `r ~ a L ~~ ~~a~STf,4~G L ~ 8726 ~ ~'`°"'~ ~~ . ~ _~. ~o_ _j~f2oo8 259.90' N00 49'40 E H 94.10• Ll z N00'S2'05'E Haw 20.00' ~ a Ne9or55 w a+ ~ 25.00' ~ o cy 2 ,~ A FRANKL `- IN ROAD 1 - ~~ 58975'24'E 2640.64' S 1/4 CORNER. SEC7)ON 10 FOUND BRASS CAP pOIliTT OF COI~NCIlVG MONUMENT (ILLEGIBLE), CORNER RECORD 8951331 SE CORNER SECTION 10, FORMERLY MONUMENTED BY A 5/8' STEEL PIN, CORNER RECORD 8725155; FOUND A BRASS CAP MONUMENT, CORNER A p0.1NT OF BI'G.D~iNING RECORD 106168618 (NOT ACCEPTED), WHICH BEARS S57~4 28 E A DISTANCE OF 0.27 FEET. SHEET 2 OF 2 ~ ~' ~ ! .. i ~ ~ ~ W ~ k' ~ - ' ' ~ ! 54~ ~ 555 444 ~ r ~ ~ ) F I ~ ~ ~ t `4 e ~ s ~ ~ ! ` k j t ~ ~ i ~ , { i { ~ 1 ~ { ~ 4 ~ y ~ { 3 ,' L ~ v ~ ~ {j ' ' ~ ~ I E ,I ~ ~'~' j 4 f~ .. 4 ~ i . ~ ~ ~ ~ ~ '~ .~ ` f ! - 3 ` } f ; i ~ ~ ~ _. ' R 1 r t F ~. ? r ~ ~ ~ . ~~ 1 ~~ ~ ~ i S ~ i t ~ } ~ ( 7 _ k ~ ~ ~` ~ (, ` ` t i 3 ~ ~ ~ 4 I t i i ~ 3 1$~ 1 i r ~ 2 S L 1 f ~ ,i 1 i ~~ ~ ~ E 1/4 CORNER, SECTION 10 FOUND BRASS CAP MONUMENT ~\ CORNER RECORD 103212098 ~ yR~ ~ ~~- N44 :39'S3'W co I q N ~ ~~ S ~~ 46.41' ~ '4 S47'43'11'W `s S90~0'00'W g I ~ 18.56' • • March 21,2008 MERIDIAN CITY COUNCIL MEETING March 25, 2008 APPLICANT ITEM NO. S-F REQUEST Change Order No. 4 for the Norfh Black Cat Trunk Sewer with Brown Construction, Inc, for$11,360.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See aftached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ~~ CITY PARKS DEPT: C lJ 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. j ii ~ + ~ ~ .~ ~ '' ° l' } ~ I 4 I 3 b I k ~, , ., ~ ! '.' ~ ~ ~ r f ~. ~ ~ ~ , ~~ r f ~ ~ t.. c' i ~ i ~ { ; ii i ~ 1 ~ ~.. E ,~ ~ ~ r~ ~ s ~ k c; ~{ ~ t ~ ~~ v f ~ ~ i ~, ,. ~ I s ~ ~ ~ ~{ • o CHANGE ORDER 4 PROJECT: North Black Cat Trunk Sewer DATE OF ISSUANCE: 2/12!08 EFFECTIVE DATE: OWNER: Primeland Development Co. LI.P CONTRACTOR: Brown Construction, Inc. ENGINEER: JUB Engineers You are directed to make the following changes in the Contract Documents. Attachments: Explanation of additional costs. Page 1 of 2 CHANGE IN CONTRACT PRICE: CH,4NGE IIV CONTRACT TIMES: Original Contract Price Original Contract Times $ 1,717,4$7.31 Substantial Completion: 168 Davs - Mav 1.2(}08 Ready for Final Payment: 213 Da s -June 15 2008 days or dales Net Changes from previous Change Orders No. 1 to No. 3 Net Changes from previous Change Orders No. I to No. 2 $ (4,978.00) 2 s nay. Contract Price prior to this Change Order Contract Times prior to this Change order Substantial Completion: 168 5 Day = May ] 2(~8 $ 1,712,$09.31 __ __ Ready for 1~tnal Payment: _: 213.5 Days -June [ 5 2()U8 days or dates Net Increase tdecrease of this Change Order) Net Inctease (decrease of this Change Order) $ 11.360.00 0 dar Contract Price with all approved Change Orclers Contract Times with all approved Change Orders $ 1 723 869 31 Substantial Completion: Days - 170.5 , . . Ready for final payment: Days -2ls s . days or dales RECOMMENDED BY OWNER: By: Date: 2/ 12108 APPROVED BY OWNER: Date: _ 3~Z't~o$ ACCEPTED BY C NTRACTOR: By: ~ ~li Date: ~ `~ op ~t[tu:.,,. ~< Attest: ~kl17"~~' mm de Weerd, Mayor ' ' ., Clerk ,~ ` ~ ` `'~ Lycra ~n~;G 7Q~ T t~~ . '. 7 ~'~' . Date• 4 Date: ''~, ~TY ~ ' `` Approved by City Council: Maw z5, zvo~' t ,: f 1 7 f'. ~: 1 ~F : i ~~ t ~. I ~ 7 I ~ ~ ~ ~~ t ~ i~ 1 ~ ~~ ~~ ~ ~ ~ I ~ ~' li r ~ ~ t ~ ~ ; ~ It d ~~ 4 ~ ~ 1 , , ~ € ,; ~ is i ~. ~ ~ s ~ d fi I ~' ~~ r: ? ~ F + d ~ i ! ~ i k ~ , ~; ' ~ , 1~, ~ 1 t S , 7 }{, L.. 1 ' n' 1 i r' ~: s a • e Page 2 of 2 North Black Cat Trunk Sewer Change Order 4 Due too unforeseen soil conditions, Brown Construction was required to import an additional 5,680 CY of imported trench baclcfill above and beyond the 4,271 CY as identified in the bid schedule for the project. In accordance with page 17, Part 4.1.D.1 of the Project Manual this additional material will be billed at the unit rate of $2.00/CY as specified in the accepted bid. t, F ~ (s' ~ ~ ~ ~~ A ~ s ~ T .~ ~ ~ ~ ~ t ~~ ~ ' , r1 ' . I I ~ ~ jet ~ I ~ E ~.~ ~' I ~ ~ ~ 'i ; , ~t } ~ ~ ~ ~ a , '~ ' { ! c ~ ~s ~ {i I i i I i E r ~ F i ~ ~I ~ i f - ~ ~ "$ ~ ~, ~~ ~ ~ . ~ .,~_ f ~ -X ~ ~ , t~ ~ F, I 1 SS ( s ~ i ~ fi ~ ~ ~~ " ~ # ~l ~: ~: ~ it ~ ~ 3` 't ~ i1" ~ 3 ~ 4` ~ ~ ~ ' i ~ ~ ~ a , ~ ' , ~ ~ j •.3 • ~ ~ I fI r~ y j~., ~ 1 ~ Jj ~ M ~ 1~ r ~{ ~ S ` ++ k~ 1 i~~ i d ~ ~ ~~ ~ ', ' .~ ~ y 44 r "~ - ~ ~ ~ ~ ~ 1 ~ r ' - ~ ~ ~7 ~; I i ~ 'b - q `` ' ~ e~ ~ ~ ~ _ I ' ~ ~ - 1 t 1" [[ ~ 4 I R } ~ ~ 1} ~j, a i~ k ''if V ~ ° i. y ~ ~ ~ . ~ ~ '!~ 3 I 'i i ~ ~ .fe ~' } (.i ~~ ~t S 1 ' ro ~ '~ .~ f y . 6 , ~ ~ ~ .~ s~ ~ ~ ~ ~ ~ . ~ i F ' Y I t z ~ s~~ ~ ' ~ ~~ ` ,~ ~ 1 1 S 't Brown Construction, Inc. 6881 Bennett Road Nampa, ID 83686 Phone: (208) 465-0274 Fax: (208) 465-3532 Primeland Development 3120 W. Belltower Drive Suite 100 Meridian, ID 83645 Attn: Glenn Fitch PAY REQUEST #1: ITEM: IMPORTED TRENCH BACKFILL QTY: 740 CY PAY REQUEST #2~ ITEM: IMPORTED TRENCH BACKFILL QTY: 9,211 CY CALCULATION BREAKDOWN- LINEAR FEET OF SEWER TRENCH=1357 AVERAGE DEPTH OF SEWER TRENCH= 28.20 FT SUBTRACT 3 FT =PIPE ZONE (PIPE AND BEDDING) SUBTRACT 3 FT= ROAD BASE (PR RUN SECTION, 3:" ROAD MIX, ASPHALT ) TOTAL = 22 FT AVERAGE DEPTH OF IMPORTED TRENCH BACKFILL (22 FT x 9 FT WIDE x 1357 LF]/ 27 = 9,951 CY TOTAL OF IMPORTED TRENCH BACKFl ~ REQUEST #1 + REQUEST #2 = 9,951 CY 740 CY + 9,211 CY = 9,951 CY :, ~ ~ ~ of ~ ~ { I ~ ~~ ~ ~ ~f 1 ~S ~I„ ! ~ Y I ~ ~~i; ~ e ; - il.. ' lf; ~ . .1 ~, ~ ~~I~. Y ~ %~._ G: ~~ t ~ I~k ~ ~~ ~~ -- y ~{ ' ~ x ~,~ ~ ~ ~ ~ ~~ i :. I~u ~ 33 ~ - t1 . c v'! !: 1 ~ 21{~i 3 ~1 ~ 3t° ~ `? ~ F~ ~ , 7 ~; ~ 1 i~ n , t, ~ . ~ ~ .. ~ r~ ~ ~ ~ ~ ~ t. ~; 5~ ~ ~! ~ ~~ ~ ~i ~ - s ~ ~ ~ ~ ~ ~ ~ r b. i r` ~: '. ~, N a ! ~ ~3 ~,. ~ ~ ; ff 1 s ~! ~ S ; i ' ~ ~ ~ ~~ . ~ ~~ . ~ ~ ~., i ~~ ~ r ~ i 11 j ~ E 1 ~ ~ ~ f ~ w '~~• i# f. j i.~ y 1 ~ ~ + ~ ~ P ~. ~~I , ~ :T/ 1 ~ • Y~ J . Ci ty of Mer idi an ,~, : .. P ubl ic_ Wor ks D ept. . Memo To: Jaycee Holman; Tara Green From: Clint Dolsby, P.E., Assistant City Engineer CC: Thomas Barry, Public Works Director Date: 03/19/2008 ~~_. M~~ ~ ~ 1~6 City O~ iileridiar Caty Clerk ®f~c~ Re: Proposed Agenda Items for March 25, 2008 City Council Meeting The Public Works Department respectfully requests the following item be placed on the March 25 City Council agenda, under consent agenda, for Council's consideration: "~ Chancae Orders No. 4 and 5 for the North Black Cat Trunk Sewer. Additional work is required for the North Black Cat Trunk Sewer. This change order consists of the following work. This makes the total changes from Change Order No. 1, 2, 3, 4 and 5 equal to 1.19% of the original contract amount • Due to unforeseen conditions Brown Construction imported an additional 5,680 cubic yards in January and 6,976 cubic yards in February. Brown Construction, Inc. has submitted cost estimates for these change orders as summarized below: • Change Order No. 4 $11,360.00 • Change Order No. 5 $13,952.00 • Summary of Change Orders 4 and 5 $25,312.00 Recommended Council Action: The Public Works Department recommends that City Council approves Change Orders No. 4 and 5 for the North Black Cat Trunk Sewer with Brown Construction, Inc. for $25,312.00 and authorize the Mayor to sign them. Task Order No. 0750 -Sewer Main Extension at Powers Residence. Civil Survey Consultants, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $7,490. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12"' of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services to construct approximately 200 feet of sanitary sewer from the sewer trunk to S. Mustang Street. • Page 1 I~~I~AIA ~ ~ ~ ~~ . ~ ~,, ~~s ~ ~ ~ 1 ~ := t :: ~ i i ~ ' ' 'I ~ '~ ~ I ~ } '' 3 f a~ y E }} l 1 ~! ~ i. ~ "! ~~ °~ i . . j '~ i } t f ,, ~ ~ E ~ ; ' [, f [ : ~ ~ t ~S r z } ~ ~4 ~~ ~ ~ p ~ ' t y R ,~ ~ ~ ~i ~j ~ `S 1 ~ ~ s y f a 1 i ~ ~ 1= ~ ~ +~ t J ~ I a~ ~ ~ i ~ ( P, ? t t ~ ~. i ~ 1j f t ~ ~ ; ~ 'Aj f } 1 ~ ~ v f ~ ~ 3 ~ ~ ~ ~ 1 fi i j 7. ~ ~ ~ ~ ~ .:T ~ ~ ti ~ i ~ ~ r , t c 4 f I 4 ~ T 9 ~ ~ r f ~ ,i ~ :, ~ ~ t C ~ 1 ~ ~ ~F ~ i ~ ~ ~ ~,~ F v r I ~ ( ~ i t 3 ,~ ~ , I s t ~ { Y ' ~~ ~ 3. t t , ~ v ~ ~ ~ .y ~' 1; 1 1 ~ ~ CHANGE ORDER 4 PROJECT: North Black Cat Trunk Sewer DATE OF ISSUANCE: 2/12/08 EFFECTIVE DATE: OWNER: Primeland Development Co. LLP CONTRACTOR: Brown Construction, Inc. ENGINEER: JUB Engineers You are directed to make the following changes in the Contract Documents. • Attachments: Explanation of additional costs. Page 1 of 2 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times $ 1,717,487.31 Substantial Completion: 168 Days - Mav 1.2008 Ready for Final Payment: 213 Davs -June 15.2008 days or dates Net Changes from previous Change Orders No. 1 to No. 3 Net Changes from previous Change Orders No. l to No. 2 $ (4,978.001 2.s Days Contract Price prior to this Change Order Contract Times prior to this Change order Substantial Completion: 168.5 Davs - Mav 1, 2008 $ 1,712,509.31 Ready for Final Payment: _ 213.5 Days -June 15.2008 days or dates Net Increase (decrease of this Change Order) Net Increase (decrease of this Change Order) $ 11,360.00 0 day, Contract Price with all approved Change Orders Contract Times with all approved Change Orders 1,723.869.31 Substantial Completion: Days - 170.5 Ready for final payment: Davs - 215.5 days or dates RECOMMENDED BY OWNER: ACCEPTED BY C NTRACTOR: ~/1 By; By; /~" Date: 2/12/08 Date: _ ~ .. ~ ~ ~g APPROVED BY OWNER: Tammy de Weerd> Mayor Dale: Date: Approved by City Council: t t i ~ 1 ~. C ~; g Attest:• ., City Clerk ~+ycta ~dbr~' Date: £ ~ ` 1 ~ r11[ ~. 1 } ~ ~~ + ~ ~ f ~~ ~1 } }i S A ~ ~ I ~ ~ ' ~ i f` ~ ~ r ~~ r f ~' r*r 3 E ~ ~ ~ ~ ~. 11 : . i . ~ j ~ ~ , . ~ S t 't $ ~ , t ` 8 ~ s t. f ~` ; ~' ~ ~ ~~ 1 ~ ~ ~ i , r ~ ~~ f k 1 F i If ~ t 1 ~ ! ~ Y ; i I r I ~ ~ I~ f C ! t ~ Il { ~ i ~ r I 1 ~ ,~ ~ ~ ' + i ~ ~ ~ f ~ ~ f ~ 'i t i l~ { ~ ~~ ~ f 4 t 1 2 .. t ` i 1 l J } ) I ~ f ~~ ~ t i f 5~ jj ~ S ~ L { i iS ilj i. ,. .~ . 6 ~~. !~~ I ll ~~~ 1 6 ~ -. ~, i -, North Black Cat Trunk Sewer Change Order 4 a Page 2 of 2 Due too unforeseen soil conditions, Brown Construction was required to import an additiona15,680 CY of imported trench backfill above and beyond the 4,271 CY as identified in the bid schedule for the project. In accordance with page 17, Part 4.1.D.1 of the Project Manual this additional material will be billed at the unit rate of $2.00/CY as specified in the accepted bid. ~ ~ ~ r ; ~ fi i ~ ~ ~' ~ ( 1N ~ ~ d ? ~S I'. fi 7 , ~. 1 t 3 ~ f ~ ~ ~ }~ } ~ lt: . . ~f - ~ i ~ t a r1 i t I at 1 x: ~~~ I 1 ~! ~ t ~ bbl ~ ~ ~ SS i~ 4 ]~ ~ ~{ 7 ~'~~ `' ~yi y~ I i~ . i- u. . a C , ~ }. 1 i ~ i 3 . ) i ~ St f ~' r~ ~ 1 ; ~ ~i ~j { 3 j j , t . ~ ; + ~ r S { ~ n (i ="~ ~ ~ j ) ~ x S, ~ ~ ~ Vii, ~ ~ i rl j ~ ~i5 ~ 1 f ~ S' ~I ~.~ . a ' ~ ' ~ ~F 1 '~ e '~ I E 5 ~ ~ ~ ~ ~ :~ ;~ t i [ 1 ,i r ~ ~ ~,! y + . $ ~ r 1 ` 'r r ' a ~ i ~~, ~ ~ , ~~~ ~ i ~i 6 ' ~ ~ ~ ~ j~ _ ~ , _ ~ ~~, ~ i ~ ~ i ~, ~ r ~ ~ ~ ~~ ~ ~ '~ s a- ~ ~ ' '~ 3 a ~ ~' "~ ~ j p Brown Construction, Inc. 5881 Bennett Road Nampa, ID 83686 Phone: (208} 465-0274 Fax: (208) 465-3532 Primeland Development 3120 W. Belltower Drive Suite 100 Meridian, ID 83646 Attn: Glenn Fitch PAY REQUEST #1• ITEM: IMPORTED TRENCH BACKFILL QTY: 740 CY PAY REQUEST #2• ITEM: IMPORTED TRENCH BACKFILL QTY: 9,211 CY CALCULATION BREAKDOWN• LINEAR FEET OF SEWER TRENCH=1357 AVERAGE DEPTH OF SEWER TRENCH= 28.20 FT SUBTRACT 3 FT =PIPE ZONE (PIPE AND BEDDING) SUBTRACT 3 FT= ROAD BASE (PIT RUN SECTION, '/au ROAD MIX, ASPHALT ) TOTAL = 22 FT AVERAGE DEPTH OF IMPORTED TRENCH BACKFILL (22 FT x 9 F 1' WIDE x 1357 LF)/ 27 = 9,951 CY TOTAL OF IMPORTED TRENCH BACKFILL• REQUEST #1 + REQUEST #2 = 9,951 CY 740 CY + 9,211 CY = 9,951 CY ', 3i1~^~ ~ ~1 i a 41 { d~ ~ ~ ~J ~ ~ ,~~ ~ 1~ ~ ~ 1 1 ~ ~ E e n j ~ fq ~ ~ ~ _ 4 i ~ / ~ S ~4+ ~ t ~ ~ ~ ~ ( f l l # f i ; F a 'f ~ ~ ~ ' 1 - I r ~~ ~ -f' ;~ ~ ,I Yi ' i. ~ s ,~,, t t , v i ~ 1 -! i ; k: S. ¢ ~ z , F~ -; - 3 1 - ~ ~ : i t af ~ ~ ~ ~ ~ ~ ~~ a i ~i . o I ~ a ~ ~ i ~ ~ ~ ~ . ~ 3 i ~~ ~ ~; #` s ~ - q ~ i S ~' ~ ~ ~ ~.. M `~ i( 6 %. t 3 r p Y e ~ : t: ~ i + ti ~ ~ ~~ ~ ~ ~ 7 fi ~ i t~. ~ ~ y ~•i ~ ~ J y ~3 [ yS Y ~ ~ ~ • 3.. ~~' I L ~I ~ ~i~ 4 ~ r4 ~ i ~~:i ~ A '~ ~~ ~ _ 3 1b ~ ~ .~{ ,3 ~ ~ ~ ~ n 1 ~ ~ ~ ~ `~ ~~ ~ ~~ ~ ~~ ~ '.~~ Y ~ t ~f ''' ~ E ~ ~(, t ~ ~ ~ 'l1j r y 5 i y ~ li j{ tt ~ °? ~ 3 ~ia ~ ~~ ~! r ~ s .~ S ~~~ .q Y. ~ t t I • • March 21, 2008 MERIDIAN CITY COUNCIL MEETING March 25, 2008 APPLICANT ITEM NO. S-G REQUEST Change Order No. 5 for the North Black Cat Trunk Sewer with Brown Construction for $13,952.00 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: ~vV 1 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. t l!h J 31~101~ ~+ ~; ~~ ,` , _ _, f~ p ~~ ~ ~ a fi ~ ~ , i i ~ ( t, ~ 1 ~ j y ~ 3 r; ~. T } {T ; ;} •~ fi ~ 9 Y ~ ~i { l ~ ~ a i '~ I ~ ~ ~ ~ ~ 2 ~ i ~ ~ , I 1 E `~ i . s t ~ i ' { ~ ~ ~ F ~~ ~ . ~ i e ~ ~ ~ ~ ' i ~ ~ ~ tjp '~ ' ~ ~~ ' y F ~ Y ~ i ? jj ' ~ ! ~' ~ i ~ ~ ~ z ~ f ~ i ~ ~ ' N ; t ~ ~ 7 ~ i ~ t t i t ~ 1 . , "i r~ ! ~ ~~ ~ ~ 3 S ~ t ; i ~ t r ~ ~ J ; . ,. ~K F 1. n i~ i ~ 3 _ i. 7 2 g $ f' j 7 . `1 I ~ ~ ~ I • CHANGE ORDER 5 PROJECT: North Black Cat Trunk Sewer DATE OF ISSUANCE: 2/29/08 EFFECTIVE DATE: OWNER: Primeland Development Co. I.r.P CONTRACTOR: Brown Construction, Inc. ENGINEER: JUB Engineers Page 1 of 2 You are directed to make the following changes in the Contract Documents. Attachments: Explanation of additional costs. CHANGE I[N CONTRACT PRICE: Original Contract Price CHANGE IN CONTRACT TIMES: Original Contract Times $ 1,717,487.31 Substantial Completion: l68 Davs - Mav 1.2008 Ready for Final Payment: 213 Davs -June 15.2008 nays m dates Net Changes from previous Change Orders No. 1 to No. 4 Vet Changes from previous Change Orders No. I to No. 2 $ 6,382.00 z.s ~~ Contract Price prior to this Change Order Contract Times prior to this Change order Substantial Completion: 168.5 Davs -May 1 2008 $ 1,723,869.31 Ready for Final Payment:: 213.5 Davs -June I S 2008 Net Increase (decrease of this Change Order) days m dates Net Increase (decrease of this Change Order) $._13.952.00 2 myti Contract Price with all approved Change Orders Contract Times with all approved Change Orders $ 1 737 821 31 Substantial Completion: Days - 174.5 , , . Ready forfmalpayment: Davs -219 5 _ . days or dotes RECOMMENDED BY OWNER: ACCEPTED BY CONTRACTOR: ~' Date: 2/29/08 APPROVED BY OWNER: ~_. Date: 3~ZK ~p$ Date: ~~ ^l ~: ._ ~.~ /-~~ti,:,,.~.a~.. ~~' ~~ ._f ;~ °~~~'~ _.---- ~ 'ea ~ \_~\ ` ~ 1 - ~~.iw~a Ta. 'y a Weerd, Mayo ~ Attrst• ~~;•~ ,, ~~o ,. Date: Date: _ 3~'T/G~~ r°~~e;c,lt „~„~,,~,•, Approved by City Council: ~ ZS ~ 1 ~ ~ ~ ` ~ ~ ~ ~ l ~ N ' f ~ii ' ' ~ ~ ~ i ~ j Y `~ 4 ~ t {y ~ ~ i 4 ~ ~ ii L t ~ a t C - 1 I ~ $ i c 1 333 = ~. - ' r E ` ~r ~ t 1 G ~ f ~ 2' 1 t f e r i, ~ {j ~ ~ ~ ~ t ~~ i ~ ~ ~ ~ ~ i SE r f ? E ~ I , ~ I ~ 4 r ~ # - s ~ ~ ~ , ~ ~ ~ ~1 ~ ) ~ ~. I ~ ~ ~ ~ i i ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ t i ~ ~ 1 i ~ ~ j, ~ 1 ~ [ # ~ y z t F ~ ~ ~ C~ } ~ i t i~ it d } ~~ r ? ! ~ ~ f' t I ~ ! .. ~ t r. ~ ~f ~ ~ ~ f ~ ~ ~ ~ ~ s } ~ j ` tt ~ 1 ~` tyg ~ ~ I ~ 11 7 t f 4~ ~ {1 i ~ 4~ S j ~ ~ ~ ~ ~ y j [ ~ ~~ ~ ~ R 1 ~~ ~ ~ 3' :f! .~ t I ~ _ f E t 1 b. ~ ~ ~ ~ s ; _ t ; y ~ ' l ~ ;~ ~ ~ ~ F . j '! j ~ 3. ~ ~ _ r K{ 3~` { ~ i i t ~ F ~ t S +~ ; l ~, ~ ;~ ~ . ~ ~ ~ ~ ~ 1 ~ 1 r- { ~ ~ ;~t ,~- ~ i ~ F S i 33 j , ~ , g • ~~~r~ d/t.4ti~t~Ca~tli~ l~C. PRIMELAND DEVELOPMENT 3120 W. 6ELLTOWFR nR. SUITE IOU MERIDIAN, IDAHO 83CdJ6 688'1 Bennett Rd. -Nampa, ID 83686 one (2081 dg5-A27d _ PaY f~nRti ea~_~~~~.."~... _..._ Invoice DATE INVOICE NO. 22b/ZOOA 08-874 TERMS PROJECT 30l -NORTH BLACK CAT TRK SEWER ITEM Qn' DESCRIPTION RATE AMOUNT i 1,030 DEWATER3NG 5.25 5 407 50 1 6,97b IMPORTED TREIVCft BACKFILL 2.00 , . 13 952.00 i 60 TYPE "P-i"SURFACI; RESTORATION (FULL 97.110 , 5,82U.(A7 WIDTH ASPHALT ROADWAY) 1 1,997 TYPE "P-3" SURFACE RESTORATION (ASPHALT 40.00 79,880.00 HALF STREET WIDTEI W/GRAVEL SHOULDER) I 1 90 ASPHALT APPROACI I REPAIR 11.76 1 058 40 1 120 BORE at l ' 410.68 , . 49,281.60 700 GRAVIl Y SEWIrR PIPE -24"PVC- 28' DEP'17-I 131.75 92 225 00 1 280 QRAVITY SEWER PIP[; - 21" PYC - 24° 28' DEPTH 111.50 , . 31 220 00 I 50 GRAVITY SEWER PIPE - 21" PVC, - 28' DEPTH 122.50 , . 6 i 25 00 1 1 SANITARY SEWP.R MAA'HOLE - 72" TYPE B, - 28' 8,535.00 , . 535 5 0(1 DEPTH , . I 3 iRRIGATIONCROSSING 2,100.00 6,300,{10 7pta1 $299,so4.so a •d dr.>i :~n san 4~ 4aa F Y ~ ; ~~, [ _ ~~ ~ ~ l ~ , + k ~ ~ ~~ ~ s ~ a ~ I ~ I ,~ ~ ~ a ~ i ~ t; f i ~ } f y I ~ ~ ~ ~ ~ ~ ;~ , ~ ; ' j ! t ~ t K i ` ~ ! 3 ~ ~ 9 a~s 3 ,.. I ~ ; ~ t i ~ f ~ ~ ~ {" ~~ ` ~ r ~' ~ i~ !~ F n ~ ~ ~ . : ~ ~{' i ,~ C f ~ ~ 3 y !~ +'~ =s 1 i ~ ~ ~ ~ ~ ~ jj ~ i ~ ~ ~ ~ ~ s ` I ~ ~ i i 1 i ' ~ ; ~ 1 j ~ ' a' i z ~ 3 ~, i 1 ~ F S ~ ! 3 r 3 i ~ ~ 1 ~ ~ s ? ~ 3 ; , € ~ ~ ~ ~ , , ,{ ~ ~~ N ~ , ~ s ~ ~ ~ ~ ') S ~ ~ ~ 1 ~ 7 ~ ~~ ~ ~' ~ SS { ' Brov-r Constructign, Ins 6$Si Bennett Roaw Narr~pa, ID s3r~ss Phone: (208} 465-fl274 Fax; ?2fl$}455-3532 Pr~mQland Development 312C W. Belltuwer Dove site aov Meridian, IQ $3645 Attn: Glenn Filch PAY R1~,~3• ITEM: IMPf~R'Tl:D TRENCH BACKF1Ll QTY: 6,976 Cr ~tiJ1ATIQN ~ Icnety LINEAR FEET (yF5EWERTRENCH= x03D AVERAGE DEPTit OF SEWER TRENCH= 28.~F7' SUBTRACT 3 FT=PIPE ZONE (PIPE AND BEDDING} SUBTRACT 3 FT= Rl314D E3ASE (I+IT RUN SECTION, 'J4" R4AD MAL, ASPHALT } '1R~TAL = 22.86 FT AIVERAGE DEP'I"H pl+ IMPORTED TRENCH BACKFILL (23.86 FT x S Fi WiAE z 1030 LFy f. 27 a 6,976 C>r ftaT_ A~~ I~R'IL~ TRENCH BA[KFIL~ PAY REQ,UESI' ~ 60$76 CY ~ l~tr ~i? 84Z W PPo1 eQ0~6~ &? BZ qe~ p ii o~ ~~ _. r , ~i: . ~n ~ ~ ~ ~ ~ ~ i a I ` ,t 4 ..r I ~ ~,~ .. ~ ~ ~ .` ~ •n.. i €~ ~ ` 7 J ~ ~~ ~ ~ sir ~ ' r ~ ~ 9 ~ ~ ~ kk( , yy ~ pp ` "C t i ~7 i ~; / ~ ~~ i j ~ ' tl ~ ~ i a , ~ t ~ i t ~ ~ g 3t ~ ~ ~ E I ~ d i r '~ ~r ~ t ~.~ ~ t~ t' r ~ .i ~ .~ ~~ ~ ~ ~ •,.~ ~ ~ ;~ i T ~ ~ ~~ ~ k ~ ~if. G .~ ~ ~ p~ ~ {~q~ ' ~ ~' ~ ~ ~ ~ 1 py i 3 ¢ f ~ ' ~ ~~ I~ .~~ F ~~. ! ,j ~,. _ '3 s 3 ~~`' ~ f ~ '~ ? " F~ ~ ~ ' ' '3 ~ ~ :~ ~ ;; v ` ! f. i ~ ~ n ' r ~~ ! ~ CHANGE ORDER 5 PROJECT: North Black Cat Trunk Sewer DATE OF ISSUANCE: 2/29/08 EFFECTIVE DATE: OWNER: Primeland Development Co. LLP CONTRACTOR: Brown Construction, Inc. ENGIlVEER: JUB Engineers Page 1 of 2 You are directed to make the following changes in the Contract Documents. • Attachments: Explanation of additional costs. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times 1,717,487.31 Substantial Completion: 168 Days -Mav 1.2008 Ready for Final Payment: 213 Davs -June 15.2008 day, or dates Net Changes from previous Change Orders No. 1 to No. 4 Net Changes from previous Change Orders No. I to No. 2 $ 6,382.00 2s oay~ Contract Price prior to this Change Order Contract Times prior to this Change order Substantial Completion: 168.5 Days - May 1.2008 $ 1,723,869.31 Ready for Final Payment: _ 213.5 Davs -June 15.2008 days or dates Net Increase (decrease of this Change Order) Net Increase (decrease of this Change Order) $ 13,952.00 2 day. Contract Price with all approved Change Orders Contract Times with all approved Change Orders Substantial Completion: Davs - 174.5 1,737.821.31 Ready for final payment: Days - 214.5 days or dales RECOMMENDED BY OWNER: ACCEPTED BY CONTRACTOR: ~,,,. By: ~--, _ ,~ Date: 2/29/08 Date: = ~ _ C ~~ ` APPROVED BY OWNER: Attest: „df'., City Clerk ~.tRE ~"[GIfY1Qgn Date: Tammy de Weerd, Mayor Date: Date: Approved by City Council: 5 ° ~ ' i ` `' ~ ;i ~ ~ ~ ~ r t t ~ i ; + _ ? f ~ ~ , ~ ~ ~ ~' J ~ ~ ;i ~ ~ ~ , 1i ~ f f ;~ ~t ' ; t s ,; ( ~ ~ ~i' ~ _ ; E 5 t F } t ~ ~ i ~ ~ j ~ ~, ~ y { ~ ~ ' i ~ ` ~ )3 ~ s ~ ~ ~ '~ i ~ ~~ P ~ ~ ~~~h ~ d~s#a~uc~~t ac. PRIMELAND DEVELOPMENT 3120 W. BELLTOWRR DR. SUITE 100 MERIDIAN, IDAHO $364b 6881 Bennett Rd. - 1 ~n~ r2ogS~dss~2Ta _ ID 83fi86 Invoice DATE INVOICE NO. 2/26/2008 U8-874 TERMS PROJECT 301 -NORTH BLACK CAT TRK SEWER ITEM QTY DESCRIPTIOW RATE AMOUNT l 1,030 DEWATERING 5.25 5,407.50 1 6,976 IMPORTED TRENCH BACKFILL 2.00 i 3,952.00 I 61I TYPE "P-1"SURFACE RESTORATION (FULL m.Dn 5,82U.0~~ WIDTH ASPHALT ROADWAY) I 1,997 TYPE "P-3" SURFACE RESTORATION (ASPHALT 40.00 79,880.00 HALF-STREET WIDTH W/GRAVEL. SHOULDER) I 90 ASPHALT APPROACH REPAIR 11.76 1,058.40 120 BORE # I 41 D,68 49,28 1.60 1 700 GRAVIl'Y SEWER PIPE - 24" PVG - 28' DEPTH 131 JS 92,225.00 1 280 GRAVITY SEWER PIV'E - 21"PVC - 24" 28' DEPTH 111.50 31,220.00 1 SO GRAVITY SEWER PIPE -21" PVC, -28' DEPTH 122.50 6,1?5.00 I 1 SANITARY SEWF,R MAA'HOLE - 72" TYPE B, - 28' 8,535.00 8,535.00 DEPTH 1 3 IRRIGATION CROSSING 2,100.00 6,300.00 TOtal $z99,au4.so z.d d~.><:~n ~n s~ qaa • Brown Construction, inc. 6881 t't+ennett Road Na~rrlpa, ID 83686 Phone: (208} 465~T4 Fax: (2D$) 4G5-3532 Pruneland O~+elopment 3120 Vd. i3e11tower OriVe Suite i0f} Meridian, ~p 83G46 Arts: Glenn Ffid1 PAY R~~~ #3: fTCM: IMPORTI=D TRCNCH BACKFILL 4TY: 6.97E CY cal.cuLATI~,~1u BREAICdO1NN: LINEAR FEf: ~ CyF 5EWER 7RErfCH~ xQ3fJ AVERAGE ©EPTH OF SEWER TRENCH= 28.8&IT Sl1BTfiACf 3 FT=PIPE ZONE {PIPE AND BEDDINGy SU3TRAGT 3 fT= ROAD i'~ASE (PR RUN SECTION, ~4" ROAQ IVIJX, ASPHAl7 ) 7C?TAt = 22.$6 FT AVERAGE DEPTH QF IMPORTED TRENCH BACKFILL (Z~.$6 FT x 8 FT WIDE x 1030 LF~j 2T = 8,978 Cr TQTAL t~ I~t1~ORTED "FRENCH ILL; PAY sE~.ul~sr a~ ss~s cY • z~d ~~9tr 99t' BiIZ W PPol '~Q0~64 8Q 6Z Q8~ ` ,~ ~ ~ ~ ~ ~ f z k y ~ ; ~ w , ~ ~- ~ R, a ! ~ s . , , ~ ~ ~ k li 1 YS 4 ~ _ t) ~i a i7 3 + ' t x j <<'~, ~ 3 ~ S ~ ? ' , ~; ~ ;,~ dd e _t r: ; y ri + ~, ~~ ; ~ ~ ,~ ~ ; ~~ ~~ ',~'. ~ ~ j ~ ~ _ ~ ~' ~ j ~~g ~ ~ _ 51 g ~ ~ 1 ~ ~ ~ ~ ~ ~, ~ ~~f~ ~1 r ~. ! I( ~1 i3 ~ 9) ~ ~. ~ 5~ ~ i _ ~ ~ ~ ~~ :~ I r ~ ~ r c '. j .~ ~ ~i K'j Y ~ ~f ~ -7 s ~y ~ ~~. i ~ ~z : ~ t i 7 rs ? ~ ! ~ ~ ~ ~ ~, ~~ f, ~i ;~ k ~ •~i i ~ ~ ~ ~ E ` ~ ~ r, ~~ j ~ 3 ~ ~ ~ ~ i a ~ } , ~ ~ ~ t ~ ~ ~ 3~ ~ c e - 4 55 ~ ~ ~, ~ ~~ SS t ~ r~ E) f ~ ~ ~ ~3 j,j ~ F ~ ~ `' ~ ~ (1 , , • • I 3 ~, 1 March 21, 2008 MERIDIAN CITY COUNCIL MEETING March 25, 2008 APPLICANT ITEM NO. S-H REQUEST Task Order No. 0750 for the Sewer Main Extension at Powers Residence with Civil Survey Consultants, Inc. for $7,490.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See alfached 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: ( V 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. 1 ~ {,, '~ ~~ ~ i ~ E r ~ ~ - ~ 5 : fM1 t t ~ J~ ` ~~ [ ~ ~ ~t 4 F E 1 F i { ~ f f ~~ E ~ ~ .' i r r F s ~_-. ~ f s t ~ ~' ~ ~ ~~ ~ ' c f. # ~! ' ~ ~' s t ' ~ i ~ ` s ~ 1 !'. ~ i TASK ORDER N0.0750 CITY OF MERIDIAN (OWNER) AND CIVIL SURVEY CONSULTANTS INC. (ENGINEER) This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants and conditions contained in the Agreemen# between the above named parties dated November 8, 2006. CITY OF MERIDIAN SEWER MAIN EXTENSION AT POWERS RESIDENCE 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 0750 -Design and Construction Per the City's request, the Engineer will provide professional engineering services related to the construction of approximately 200 lineal feet of 8"f?~ sanitary sewer across the north side of 930 S. Mustang Street. The 8"B sewer extension will connect to the existing 18"fd sewer trunk along the east side of the stated property and terminate in Mustang Street along the west side of stated property. The engineer proposes to provide the following under this scope of services: 1. Perform a fretd survey as necessary to prepare construction plans, specfications, and an easement for the sewer line. 2. Provide owner with complete construction plans of the sewer extension, construction specifications, and a legal description of a 30' wide easement for the sewer extension. 3. The construction plans and spec'~fications wiH be submitted to the Owner's QLPE program and the Ada County Highway District for their review and approval. 4. Assist the Owner in advertising the project for bids, be available to answer questions during the pre bid period, and assist in the award of the contract. 5. Be available to answer questions during construction and provide one set of construction stakes for the sewer line. 6. Perform field surveys of as constructed improvements and prepare record drawings as per the City of Meridian Acceptance of Record/Electronic Drawings dated February 7, 2007. r ~ ~s ~ 3 ~~ ~f+ t ~ ; ~ i ~ i 1 i~ i ~ . ~ ~ !} a j 111 ~ I s. { ~ ~ S ~ j ` ~ 4 ~ ' J ' F ~ ~ • ( ~ ~ t ' i a ~ S ~ ~ i~ `I r ~ I `i £ ~ t1 S E i r ~ ~ i ~' ~ i ~ t' ~ ~ ~ # ~: ~ i ~~ '` E ~ ~ ~i: ~~~ ~ i. ~ ~ ~ ~.r r x s ~ ~ t - v { t € ~ i t~ '' v q t ~ ; ~ ~ s s ~ ' 7 t 1 ~~ ~ ~~ ~. ~ ~~ ~t ~ r ~I ~~ ` ? ~ ~ INFORMATION PROVIDED BY OWNER The following information will be provided by the owner. 1. All construction contracting, administration, and inspection. 2. Red-lined plans showing any changes made during construction for use in preparing record drawings. 3. The Owner will prepare the easement document and record the easement and legal description with the Ada County Assessor's ofFce. 4. Provide necessary depth of sewer main in Mustang Street. TIME OF COMPLETION Engineering services will t,~e completed as needed. COMPENSATION The Not To-Exceed amount for this Task Order No. 0750 is Seven Thousand Four Hundred Ninety dollars ($7,490.00). 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 a EERD, MAYOR `~ Attest: CITY Approved by City Counal: ENGINEER ~T~A. BU G SS, VICE PRESIDENT ,til t:ttiSi::lftfl.. ~~; ~~. i~ ~ i (Date) '~~--~... , I " ~ ~ ' i 1 k ~ } ~~ s I F i ~ ; ~ ' t I ` ~ i ~ f ; #~ ~ . I i ~ i i s ; • { ~ 4 ~ C gg ~ i ~ ~ . j - ~ ~ ~ ~ i 1 ~` j M @ S i ~ ~ i ~ f ~ ! ~ ( bt - ~ f F S { } } i i I )t ~~: j j j / ' t { - ~ ~ I ~ 4 ~ ~ # I ~ ~ . ' ~' ~ I ~ - S l l 1 f t S l ~~ ~ r: )t - i ~ . f I 1 ~ ~ ~ ~ ~ ! - r t t ~ ~ :i . k ) ~ ~ j t. c 1f i ~ ~i 3i j ,~ + ~ ~ E I~ j h I. ~ ! i i a: ~~~ ~~e~°~ ~~3C~ Memo To: Jaycee Holman; Tara Green From: Clint Dolsby, P.E., Assistant City Engineer CC: Thomas Barry, Public Works Director Date: 03/19/2008 Re: Proposed Agenda Items for March 25, 2008 City Council Meeting The Public Works Deparment respectfully requests the following item be placed on the March 25 City Council agenda, under consent agenda, for Council's consideration: Chancre Orders No. 4 and 5 for the North Black Cat Trunk Sewer Additional work is required for the North Black Cat Trunk Sewer. This change order consists of the following work. This makes the total changes from Change Order No. 1, 2, 3, 4 and 5 equal to 1.19% of the original contract amount • Due to unforeseen conditions Brown Construction imported an additional 5,680 cubic yards in January and 6,976 cubic yards in February. Brown Construction, Inc. has submitted cost estimates for these change orders as summarized below: • Change Order No. 4 $11,360.00 • Change Order No. 5 $13,952.00 • Summary of Change Orders 4 and 5 $25,312.00 Recommended Council Action: The Public Works Department recommends that City Council approves Change Orders No. 4 and 5 for the North Black Cat Trunk Sewer with Brown Construction, Inc. for $25,312.00 and authorize the Mayor to sign them. ~' Task Order No. 0750 -Sewer Main Extension at Powers Residence Civil Survey Consultants, Inc. has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $7,490. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12~' of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services to construct approximately 200 feet of sanitary sewer from the sewer trunk to S. Mustang Street. ! a~~l ~ k ti 1 i t- ` t 1 6 F 6 f' k , ~' ! f ' ~ • Page 1 3 4 ' i ~` ~ a ~' ! ~ i ~' r ~ ! ~` t < i I f i _ I ~ ~ i ~I ~ - ! ~~ ~ . ~. ~ ~ i.~, ~ - ~ 1 ( ~ ~ ! ( ~ ~% v ,% ~ ~ t v ~ ~ } ~ ~ ~ r i ; k j ~ ~ ! ~ j ~ ~ ` i~ ~ , i ~ 1 iS ~ , ~ ; ~ ! i ~ ~ ~ ~ ~ ~ ~ I x : ~ t t y i } . t S , ! ~ ~ i f ~ ; f I I t $ ~ ~ ~ i ~ ` { ~; ! j t ! s j { 4 ;i ~ 3 3: F ~ ~ I ~ ~~' ~ l ~ ~ 1 e ~ x I ~ ~ _ ! ~ ~ ~ ~ ~ } , . T ! ~ ~ i ~ S f~ ~ ~~ k ! i ~ ~ } r . ~ i 3 i ' ! t ~ j -7 ~ - 'e s ~ ~ i { TASK ORDER NO. 0750 CITY OF MERIDIAN (OWNER) AND CIVIL SURVEY CONSULTANTS INC. (ENGINEER) 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 SEWER MAIN EXTENSION AT POWERS RESIDENCE 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 0750 -Design and Construction Per the City's request, the Engineer will provide professional engineering services related to the construction of approximately 200 lineal feet of 8"I71 sanitary sewer across the north side of 930 S. Mustang Street. The 8"0 sewer extension will connect to the existing 18"P1 sewer trunk along the east side of the stated property and terminate in Mustang Street along the west side of stated property. The engineer proposes to provide the following under this scope of services: 1. Perform a field survey as necessary to prepare construction plans, specifications, and an easement for the sewer line. 2. Provide owner with complete construction plans of the sewer extension, construction specifications, and a legal description of a 30' wide easement for the sewer extension. 3. The construction plans and specifications will be submitted to the Owner's QLPE program and the Ada County Highway District for their review and approval. 4. Assist the Owner in advertising the project for bids, be available to answer questions during the pre bid period, and assist in the award of the contract. 5. Be available to answer questions during construction and provide one set of construction stakes for the sewer line. S. Perform field surveys of as constructed improvements and prepare record drawings as per the City of Meridian Acceptance of Record/Electronic Drawings dated February 7, 2007. S ~lA P 4. r i ~ r ~ ;~ F ~ ~ ,- :-- ~ ~ I ~ j ~ 1 ~ ,~ ° ~ ~ . t ~ 4 ~. r. ~ t 1 ~` ~ E~ _ l [ ~ 1 ; ~ ~ I ~ ~~ j ii Y F ~ ~ ~ ~, F ~ i 1 j _ I ~: ` l i 7 ~ I ' ~ ~ ~ j ~j [` ~ ' ~ ~ ~ '[ ~ F L ' t i I ~ i .3 I E } Y ' ' 1 i~ f 1. ~J a ... ~ ft g ~ ~ ~ ~i I ~ ~ I ~ ~ ~ ~ ._ ~ ~ , f I r, f ~ ?~ ~ i i ~ i ;'~ ~ t ~ ' ~ ~ s ~! } i ~ Y } t ~ ~ y ~. ~ ~ ~ ~ ~ t ; l ~ ? ~ y ~ r 1~;~ s~ ~ ~ ~ ~ _ ~ ~ f t • • INFORMATION PROVIDED BY OWNER The following information will be provided by the owner. 1. All construction contracting, administration; and inspection. 2. Red-lined plans showing any changes made during construction for use in preparing record drawings. 3. The Owner will prepare the easement document and record the easement and legal description with the Ada County Assessor's office. 4. Provide necessary depth of sewer main in Mustang Street. TIME OF COMPLETION Engineering services will be completed as needed. COMPENSATION The Not-To-Exceed amount for this Task Order No. 0750 is Seven Thousand Four Hundred Ninety dollars ($7,490.00). 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 BY TAMMY de WEERD, MAYOR Attest: JAYCEE HOLMAN, CITY CLERK Approved by City Council: (Date) ENGINEER BY: MOT Y .SURGE , VICE PRESIDENT ~ ~ , ~? _ ~ I ` ; ~~} ~ 3 ~ i ~ ~ ~ 1 i 1"i l >, ~ +; f i f' f t: I ~ l ~ t ~ F S ~ E, j C is , f jj~ f S i l ` I } f ':. ~ .f ~ _ • U March 21, 2008 MERIDIAN CITY COUNCIL MEETING March 25, 2008 APPLICANT ITEM NO. 5-I REQUEST Task Order No. 2.6 for CEPT Pilot Test Support with CH2M HILL for $9,973.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ,,p , r~V~-~ b ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. ~ x ~ ~ ' ~ k 1 Y ~~{ 3 j ~ ~ ~ ~ ~ ~ ~ ~ , . i t q ' ~ ~ 3 ~~ v k. ~ ~ (. ~ E 1 ~ ~ ~ ' ~ ~ f ' ~ ~ 1 ~ ~ ~~: ~ - ~ - ~ ~ ~ ~ ~ ( ~ ~ r ` i' ~ ~ ~ e ~ i k i ~ ~ r a~tt ~ ~ t ,~ ~ ~ I ~ ~ t . ~ ~ :l It t ~ k `~~ [ -~ t f ~ ~~ } ! ~ ~ ~ ~ t: ~ f 4 ! i r I ~ I ! x Yi i ~ ~ i & ~ ~ ~ l i I i t i B S ~ ~ a • j K ~ ~ ~ ~ ~ ~ ~ ~ ~~ I~ f 1 j t >. # ~ c ® ~ D7g 5~ ~ 9, 9x13 P, o. odr - o ~6-r Attachment A Scope of Work For Task Order 2.6 CEPT Pilot Test Suppurt City of Meridian INTRODUCTION This task order scope is for wastewater process engineering support costs for the Chemically Enhanced Primary Treatment (CEPT) pilot test. We anticipate the pilot test to occur from mid- February to mid-Apri 1 of 2Q0$. SCOPE OF WORK Task 1 Process Support CH2M HILL will provide process engineering support for the CEPT pilot testing. Activities will include analysis of sampling data provided by City staff, attend teleconference calls on a ~+teekly basis if needed, and make recommendations for process changes during the testing period. Ottr process engineer will be on site to review the chemical feed installation prior.to startup. A final review meeting will take place at the end of the testing to summarise findings and make recommendations for full scale operations. Project management will include planning, managing, and executing the work in accord~tnc~ with the schedule, budget, and established quality expectations. Attachment B . FEE ARRANGEMENT As consideration 1'or providing the services enumerated under the Statement of Work, the Cl'I'ti' shall pay CH2M HILL 59,973. SCHEDULE This task will be completed when the pilot test is finished or no later than mid-April, 2(?Q~. ,E ~ "- ~i t~: ;~ " f, ", i ~ ~ t " ~. ~ ~ u i € ~ ~ ~ i1 ~ k ~ i ~ ~ ~ g , i ~ ~ t , t ~ ~ ~ ~ ~~ ; i~ e r " ~ ~ ~ ~ f ~ ~ "r ~ # ±' ~ :! 1 }1} L ~ "~ : = {~ i ~ i~ ~' ~ 1 i , " f ~ ~ t _ ~ ~ ~ '; '~~' ~ ~ ~ ~ ! ~ ~ ~ 4 ~. ~ y ~ ~, ~ ~ i ~ ~ 1 ~ ~ i ~ ~ ~ " t ~ ~ i ~ ~ , ~' ~ f ~ ~ $ 22 ` ~ ~ ~ ~ ~ s y (€ ` ~ t I ~ ~ ~~ ~ ~ I' x ~, ~ i f i ~ ~ S ~~ TASK ORDER N0.2.6 UNDF,R THE P~~~' ®TSS MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN AND CHZM HILL, INC. This Task order is entered into by and between City of MERIDIAN (OWNER) and CHZM HII.I_. Inc. (ENGINEER), according to the terms and conditions of the Master Agreement (AGREEMirN'C) for Professional Services, dated January 1.2007. See Attachments A and B for the Scope and Fee for Task 2.G All other terms and conditions of the original agreement will remain in full force and effect. IN WTT'NESS WHEREOF, the parties execute below: For CHZM IIILL, Inc. dated this ~ ~ day of _v~ , 2008. sy: Name v " Title For City of Meridian .~ ,~8. dated this 7~'Y` day of !i" _ , ~~,QO By: ~'. Tammy d Uzi. Mayor =~ acs - - ~ - Attest: ~~~~~ Jaycee Hol an, City Clerk ? ~~ ,~~ Approved By City Council: (~+ ~,~1,`~ ~ ., •~ ~•;:~' 1 ~ i A f o ; ~ .~ r. i t ~ ~ ~ ( ~ ~ S ' , > ~ ~ r 1 Y ~ ~ ~ i ; ; ~ ? ~ ± ~~ 'i ~ 1 ; t t ~ ~ 1 ~ ' ~~ ' ~ ; r c , ~' r ~ tt ~ '~ ' ~ ~ ~ s ,; ~ ji ~ t y , r , ~ 3 t {{ ~ ' i'~ ' ~ ~ I k ~ i 1 i- ~ ~ ~ ~ ~ ~ f k a ` ~ f ~, }. ~ i a ~ ~ ~ ~, ~ r r ~ a 3 ~ f : j 4 ~ . 1 ~ ~ ` , I ~ ` I ,~ 4 I~j ; r ; L 3 ~ ~' ~ ~ ~ . ` ~ r ~ ; C + ~ ~ i ~ . ~ s Recommended Councii Action: The Public Works Department recommends that City Council approves the contract for Task Order No. 0750. -Sewer Main Extension at Powers Residence with Civil Survey Consultants, Inc. for $7,490 and authorize the Mayor to sign it. Task Order No. 2.6 -CEPT Pilot Test Support. CH2M HILL has submitted a task order, scope of work, and budget for the engineering services. They propose to complete the work for $9,973. This is an extension of the miscellaneous wastewater services agreement approved by City Council on the 12"' of December, 2006 for the Engineering Services for Miscellaneous Wastewater Projects. This project provides engineering services to support the chemically enhanced primary treatment pilot test. Recommended Council Action: The Public Works Department recommends that City Council approves the contract for Task Order No. 2.6 -CEPT Pilot Test Support with CH2M HILL for $9,973 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 2 ~ ##~ i t # i ~ i ~ C i ,,; ~: ~ TASK ORDER N0.2.6 UNDER THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF 1~1ERIDIAN AND CII2M Hli..l,, INC. Phis Task order is entered into by and between City of MF,RIDIAN {OWNER) and CH2M HILL, Inc. (ENGINEER), according to the terms and conditions of the Master Agreement (AGREEMEN"l') for Professional Services, dated January I, 2007. See Attachments A and B for the Scope and Fee for Task 2.6 All other terms and conditions of the original agreement will remain in full force and effect. IN WITNESS WHEREOF, the parties execute below: For CH2M HII.L, Inc. dated this 3~day of V" ~eu~ , 2008. By: v!~ Name Title For City of Meridian dated this day of , 2008. By: Tammy de Weerd, Mayor Attest: Jaycee Holman, City Clerk Approved By City Council: ,f.{ a i ~~; ~~ ~ r i ~. ~ S~ ~ ~_ ~ ? ~ ~ _ ~ r 3 ~ r v~ ~,, ~ z 9 ~ ii { 3 I i I ` a S 1 I ~ a ~ ~'. ~ j{ ~ fJ t, ~ iF, ~, ~ , j ~ 1 ~ ~1 ~ i ~t r j I ~ iJ $} ! .ill ~ p ~ -! ~ . `~ ~ ~ ~ ~'~ 1 t' ' ~ ~ I' ~ ~ ,~ 'y ' { ~ ~ ~, s~ ~ ~ ~ ~ s t 7 j ~ 2 ,~y' ~ ' t~ L. ~ s: i t ; ~' ~.S ~~ ~~ ~i li-. a f ~ ', ~ P r _ ;~. ~; ~~ ~ ~ # ~ xx] ~ ~ ~~~tt } t ~ r; ' j '~y ~; ~~ ~ Ii `~S ~ ~ '~ 1 3 I~ x ;I 1. t~~ ta` ~L ~1 3 ~ ii + 'A ~ 1: l 4~ , 3 a,~ # ' ~jj11 i i I ~ j tl ~ ~ F y ~ 1 ,. f I ~ y ddS ,~ ~ ~ ~~ tt ~ ~ Y; • Attachment A Scope of Work 1H'or Task Order 2.6 CCP'I' Pilot Test Suppurl City of Meridian INTRODUCTION This task order scope is for wastewater process engineering support costs for the Chemically Enhanced Primary Treatment (CEPT) pilot test- We anticipate the pilot test to occur from mid- February to mid-April of 2008. SCOPE OF WORK Task 1 Process Support CH2M HILL will provide process engineering support for the CEPT pilot testing. Activities wilt include analysis of sampling data provided by City staff, attend teleconference calls on a weekly basis if needed, and make recommendations for process changes during the testing period. Our process engineer will be on site to review the chemical feed installation prior to startup. A final review meeting will take place at the end of the testing to summarize findings and make recommendations for full scale operations. Project management will include planning, managing, and executing the work in accordance with the schedule, budget, and established quality expectations. Attachment B FEE ARRANGEMENT As consideration for providing the services enumerated under the Statement of Work, the Cl'CY shall pay CH2M HILL $9,973. SCHEDULE This task will be completed when the pilot test is finished or no later than mid-Aprii, ?008. ~ ~ ~ j t. ~ ~,I, ~ r ~ t ~ ~ I ~ ~ ~ E ~ t , r ~ 1• 7 ~ i 1 ~ i. ~ - 77 r a7 ` fE ~i ~ r ~ ~ ~ ~ ` ~ c ~ fF ~ i I t { ,~ F ~ ~ a ~ ~ ~ E s ~ i ~ ~ [ E f ; 4 ~ i ~ 1 E r ~ i ~ ~ ~ ~ ` !~ ~ ~ ~ ~~ ~ ~ , s ~~ i ~~ # l I t I j ~ t j ~ ~ ~ ~ ~ : ~ 7. ~ : 't t ', , S P f I~ € ~ ~ ~ ~ .~ 3 ~ x ~ ~ { ~ + - :~ E March 21, 2008 MERIDIAN CITY COUNCIL MEETING March 25, 2008 APPLICANT ITEM NO. S-J REQUEST Approve New Beer 8~ Liquor License for Cheerleaders Sports Bar and Grill AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. ~' ~ ' i ~) 4 $ _ ~ ~ ~ ~ '~ ~ r i ~ ~ ~ ~ ~ ~ q f~ ~ ~ f !~ ~~ ~ t. ~ . ~ t ~ f ~ ~ i! ~: "~~ ~ I i p~: P f ~ ~ ` t t' • • March 21, 2008 MERIDIAN CITY COUNCIL MEETING March 25, 200$ APPLICANT ITEM NO. S-K REQUEST Approve Beer, Wine 8~ Liquor License Renewals AGENCY COMMENTS CITY CLERK: See attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. c t ~ ~, ,. ~ ~ ( ~ j ~ . I 1 { ~ 1 i!i A iii . 1 j A/ ~ 1 , K 1 ~ 1 I 1 I s ~ ;. ~ ~t a t ?f ~ ~ ~s ~ F k~ 1 ~ ~ ~ I y ~ ~ tt~ ~ { .4 • • Beer, Wine & Liquor License Renewals for Approval by City Council on March 25th, 2008 Business Address Type of License A New Vintage Wine Shop 1400 N. Eagle Rd. #104, 83642 Beer & Wine Kahootz Pub & Eatery LLC 1603 N. Main St., 83642 Beer & Wine Meridian Speedway 335 E. Main St., 83642 Beer & Wine Whitewater Pizza & Pasta 1510 N. Eagle Rd., 83642 Beer & Wine The Cigarette Store Inc. 200 E. Fairview Ave. Beer Ultra Touch Car Wash 835 E. Fairview Ave. Beer Louie's Italian Restaurant 2500 E. Fairview Ave. Beer & Liquor Sakana 1718 S. Eagle Rd. Beer & Wine White Water Saloon 1646 N. Meridian Rd. Beer & Liquor Rite Aid #5412 1600 Main St. Beer & Wine Carino's Italian Grill 3551 E. Fairview Ave. Beer & Liquor WinCo Foods, LLC. 1050 S. Progress Ave. Beer & Wine Idaho Pizza Co. 405 E. Fairview Ave. Beer & Wine ~~ ~ I - F it ~ ~ ~ ~ ,~! ~ ~ ; R , I ~ '~ 3 s k- ~~ ~ ~ 2 I ~~ I ~ ~~ 1: i i i ,~ ~. r ~ rt ~ ~ ~ ^~ l i' ~~ { 1 3~ t ~ jtjj} I I ~ n ~ E ~~ ..; ~ ~ , ~ s ~~ ,~r r .i ~. J ~ ~ ,$ f F 1 ~ I ti ~ j ~ 3: ~ { ~i ){}y' 4 ~ ~ p} 1 / 3 ' d ~ ( i ~ E ~' i~ t p .I ' ~ j t.i- ~~ [ ~ i P i - - -. Ci. ~ k ; ill >~ '~ ~ S ~, ~~ i1 ,~ `A ~; I F ~ 7X, 3 ' 'S I f I I ~~ ~ 1 ~ l I i ~ t~ a ~ _{ I I 'i ~ _ 1 ~ I! I i~ 1 {`S ~ t7 2 i ~ 'h I .. r€ ! ~ .~ I l S~ - 1 77 ~I `~ I l ~ {.h' ~ 9_ ~ ~ ~~ r.. ~ ~ ~ 1 ~1; - ~ I I ® ~ Page 1 of 1 Tara Green From: Joe Silva Sent: Thursday, March 20, 2008 4:23 PM To: Nancy Radford; Machelle Hill; Sheree Finch; Tara Green; Jaycee Holman Subject: FW: 2009 BWL Renewals Follow Up Flag: Follow up Flag Status: Green Attachments: BWL License Renewal Approvals.doc Nancy These are all approved for renewal. Joe From: Nancy Radford Sent: Thursday, March 20, 2008 9:38 AM To: Ron Anderson; Joe Silva; Jeff Lavey; Bob Stowe; Anna Canning; Thomas Barry Cc: Jaycee Holman; Tara Green Subject: 2009 BWL Renewals Hello All, Please look over the list of Beer, Wine and Liquor Renewals scheduled to be approved at the March 25th City Council Meeting. If you have any questions or comments, please contact me. Have a great day! ~~`~, d~ord' Department Specialist Meridian Clerks OfFce 33 E. Idaho Ave. Meridian, ID 83642 208-888-4433 3/21/2008 ~ ~ i , ~ , 1 ~ I i ~ i 1~ i ~ ' ~ ~ ~~ ~ t ~ ;~ ,n .~ ~ ~ I , a ~~ ~ ~ ~ i; ~ 1t _ ~ i ~'~ . ~ ~ I~ 1] ti ~ ~ ~ 11 G ~ ~~ ~ ~j ' ~ ! ~ . k ~ t V ~ ,,~ ' Ili 1 3. J 9 t ~ ~ ,~ .~ ~ ~ ~ "~ 4~} 3 ~ _.. _ t ~ ` ' ;` ~ ~ ~.1 i; ~ ~ ~ 1 k ~ ~ ~ is j ~ ~, , ~ y.~ . { 1 i s I - ~ r y '~ 1~? ~ i ',~ s =~ ~ 1i ~ ~ ~ f n - j ~'~ ! ; ~ I ~a ,I ; t ~ t ~ ~ ~1 9 ~ ~ ~ ( { ~ r t ~ r ~ i ~ i a ll~ Y i ~ r x 1 ~ ~ a+ ~ ` { ~ ~ ` _ i ~ ~ F ~ a ; ~ ~ G,1 i s ~ ~ ~ ~ ~ i t a ,~ . ~ i ~ t .;. r; ~ # d '3 e'ri ' z i ~ ~ j '~ f ° ~ . ~ ~3, t ~ , ~ y ` f ~ ~ ~ { j ~ ~ r: { . t ,S. 222 jj C ~ tl ~ F ~ 3 ~' ~ s ~ !, w ~ j ~ ' ~ , F. ~ ~ ' 3 # ~'~i~ ~ i> s .r Y Ir r ,, ~ 7,~ ~ t v ~i t ,t a d i~~ a ~, ~ __ • 0 March 21, 2008 MERIDIAN CITY COUNCIL MEETING March 25, 2008 APPLICANT ITEM NO. S-L REQUEST Temporary Construction Easement between the City of Meridian as Grantor and ACHD as Grantee for Split Corridor Phase 1 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. ` F f y yF~ ~ L i ~ ~ i ~ ~ ' ~ ~) f F t. ~ kj ~ ' ~ a t >~ t t r S ' ~ 3 ~ ` ! ~ ~ ~ ~ Q ~ i I 3 1 ~ ~ f r i l 333 ~ ( - 11 } 7 ~~t _ . E k ~ 'z 'j} k ' ~ I 3 y ' F i F f k 4 Y i q , .. ~ ~ ` , ~ 4 t ~ ) ~ t f { , ~ ~ i ~ ~ . t ~ ~ r I 1 4 ~ t ~ ~ (( 1 i- 1 1 t ~ r'l . ~ 2 1 t ~'I ~ 3 is ' ~ S ~ ~ ~ 9 p ' ~ ~ ~ ~ t ~ ` ~~~~ i :~ ' F r E E' i I. { (~ jj ~ ~ r i ~ ~ C ~ 7 EE - t ~ ~ ' ~ ~ f r ~ is i j t i ~ ~:~ a E t ~` i ~ i 6 o ~: i 7 f i ~ ~ ~ } - t ~ .# ~. ~ ~ k ' ? ~ I ~ ~ I ~ ~ ~ ~ 1 X it ~ 4 C COMMENTS See attached' • s Project Name: Meridian Road and Main Street Split Corridor -Phase I Project No: 506040 Name: City of Meridian RIW Parcel No: 28 T3N, R1 E, Sec 18 COMPENSATION SUMMARY Temporary Construction Easement 7, 370 sf ...................................................................................................... $ .0 ACRD WILL PROVIDE CONSTRUCTION FEATURES AS SHOWN ON THE RIGHT-OF-WAY PLANS SHEETS dated July 2007, page 12 and 13 of 14 AS LISTED BELOW: Station 174+30 RT A 40 ft joint use approach will be constructed at South property line. Landscaping: Trees will be trimmed within the TCE Area Sod will be replaced within the TCE Area Sprinklers will be adjusted or relocated within TCE Area Negotiated Items: Seller's disclosure of hazardous materials: (1) None (Seller's Initials); or (2) Seller's disclosure: ACRD Initials: Seller Initials: 1 ' ~ z ~ I h ° ~ °~ ~ ~ tie ~ ~ ~ ~~ ~ i A ~ Q ~ '~.. ~ - .~ . i { i ~~~ , ~ ~ ~ {' 1 . ~ k P ~~ '4 ' ~ ~ C 1 k ~ ~i ~_ ~~ 5 S . ~ .~ ~ ~ ~ 1 ~ { t , . ~- A777 a~ ~~ e ~ ~ ~ ~ 7 66 4 i j ~ 3 ~ ~~ '~ ~ !, , + ~< !, . i f :~, is r r E ~;~ i ~~ £. ~~ ~ _ r 7 -s! ~f ' ~ txr t v ~ a~ 7 1 3 ~ t k X 7 i t 1 ~ ~ f ~ i 1 j { S ~ ¢'~ t ~ ~ x ' i F" k- t t~ - ~ ! ~ r, ~ - I~ ~ ~~ ( ~ ~ j r `a i ~ rt e '. y t 1 I 1/ f' I { b ~ f` ~ a 1 t' ~ ~. ~ ~ ~ i ~ _ • • Project Name: Meridian Road and Main Street Split Corridor- Phase I Project No: 506040 Name: City of Meridian RNV Parcel No: 28 T3N, R1E, Sec 18 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this day of , 2008, City of Meridian, hereinafter "GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, hereinafter °ACHD"; WITNESSETH: For the term and uses and on the terms and conditions hereinafter set forth, GRANTOR does hereby grant to ACHD an easement (the UEasement") under, over, through and across that certain real property owned by GRANTOR situated in the COUNTY OF ADA, STATE OF IDAHO more particularly depicted on Exhibit "A" attached hereto and by this reference made a part hereof (the °Servient Estate"). This grant is made on the following terms: 1. Authorized Uses By ACHD. ACHD's use of the Easement granted herein shall be in connection with the construction and improvement of a highway on adjoining and abutting property owned by ACHD municipally known as Main Street (the "Dominant Estate"), for access and egress for equipment and vehicles, for construction, excavation, storage of earth and other materials thereon, for surveying, and for all other reasonable uses that are necessary, advisable or convenient to ACHD in connection with such highway construction and improvement project, and for ingress and egress to and from the Dominant Estate. 2. Use by Others Under ACHD. ACHD's right to so use the Servient Estate during the term of the Easement shall extend to use by ACHD's Commissioners, employees, contractors and agents. 3. Term. This Easement shall be for a term commencing on the date of the GRANTOR's execution of this Indenture and terminating on the completion of the highway construction and improvement project on the Dominant Estate. On the expiration of the term of this Easement, the rights and privileges granted to ACHD hereunder shall cease and terminate and this Easement shall be null and void and of no further force and effect. 4. Indemnification. ACHD hereby agrees to indemnify and hold GRANTOR harmless from and against any and all claims for loss, injury, death and damage caused by or arising out of the use of the Senrient Estate by ACRD, its Commissioners, employees, contractors and agents, hereunder, and including, without limitation, attorneys fees and costs that might be incurred by GRANTOR in defending any such claims. 1 ,[` ~ ~ a. ~ ~ i t S V ~ ! t 4 i i ; r ~ F t r ~~ ~ ~ 3 ~{.~~ ;~~: ,~` r~ .~ ~~.,. ~i; ,' €'~' er.'' h t ~ '. ~; k :' t~ E .: ~': E, ~i ~~ E ~ E ' ~ } i 1 is k• 5, V, ~ o Project Name: Meridian Road and Main Street Split Corridor -Phase I Project No: 506040 Name: City of Meridian RIW Parcel No: 28 T3N, R1 E, Sec 18 5. Restoration on Expiration of Term. As provided on Exhibit °A" hereto, on the expiration of the term of this Easement the Servient Estate shall be restored by ACHD, at its sole cost and expense, to at least as good a condition as existing on the date of this Indenture. 6. Binding Effect. This Easement, and the covenants and agreements herein contained, shall, during the entire term hereof, be binding upon and inure to the benefit of (i) ACHD AND GRANTOR, respectively, and their successors and assigns, and {ii) their respective interests in the Dominant and Servient Estates. 7. Appurtenant. The Easement herein granted is appurtenant to the Dominant Estate. TO HAVE AND TO HOLD this Easement unto the ACHD for the term hereinabove set forth. GRANTOR covenants to ACHD that ACHD shall enjoy the quiet and peaceful possession of the Servient Estate throughout the term hereof; and, GRANTOR warrants to the ACRD that GRANTOR is lawfully seized and possessed of the Servient Estate and has the right and authority to grant this Easement to ACHD. IN WITNESS WHEREOF, this Temporary Construction Easement has been duly executed by the parties, the day, month and year herein first above written. City of Meridian / ~~ ~ r, ~~ ~ r ~Y4 . i'.. \~~ T~d f~r`~ 9~ ~~ `` NO ACKNOWLEDGEMENT NEEDED''.,, E~~'~T IS NOT TO BE RECORDED ~~}r}}}}1111~~„~ 2 ~ ~ ~ ~ ~ i~ ' i ~ - l z s ~~ s ~ ;~, ; ~~ ' ~' ~•. ° ; f ~ ;1' ' e f I i f ~: 5{ n , _ f_ E ~ I' , 1? , ! ! ~ , E ~~ r 3 ~ z ~ ' i ~ ~ , [ ~ 1 r m: ( I is ~. % 'ao.° ~,, +~.o ~t~ - - - •1 l• .~.. .u- a. ~-.. ''x,.e ~; y ~~~/~ (. l~a°° E y. ~ 7 ~•~ m i t` ~~ q y ~~ ~ ~ O ~I w I __~ i ~~ ~•P ~ gw~ n ~~ -~ I ~ ..,. y~. ~ ~ _~ I ~ ~ F 1~ ~~~ :, ~~Z~ OHO ~~~ i r 0 ~ ~ ~~. ~i~ ~~ ~i~ . ® ® Page 1 of 1 Tara Green From: Ted Baird Sent: Thursday, March 20, 2008 11:51 AM To: Tara Green Subject: Consent Agenda Item Attachments: City of Meridian TCE.pdf; Compensation Summary.docx; TCE.docx Deputy Clerk Green: Can you print these items out and put them on the consent agenda with the following title: Temporary Construction Easement Between City of Meridian as Grantor and ACHD as Grantee for Split Corridor Phase I From: Tammy McCarthy [mailto:Tmccarthy@achd.ada.id.us] Sent: Tuesday, February 12, 2008 1:17 PM To: Ted Baird Subject: Plan sheet Ted, I apologize for not getting this to you yesterday as promised. Attached you will find the plan sheet associated with the City of Meridian property as well as the Temporary Construction Easement. There is also a Compensation Summary that lays out the construction features as shown on plans as well as negotiated items should there be any. Please contact me if you have any questions. ~aunaYw~lcCay~iy Sr. Right of Way Agent Right-of--Way and Development Services Ada County Highway District -Committed to Service (208)387-6274 Direct (208)387-6393 Fax www. achd. ada.id. us •`~~ ~~~. ~® 3/20/2008 ~[ ~ ~ ~~ ~ `' ~ P ~ 4 ; [ }; ~ ~ F k ~ 5 M t s ~ T ~ ~ ~: t i i ~ # ~ ~ ~ ~ F a ~ t ~ ,: i i j t { R p' ~ t. ~,_ {~ ~ ~ {, ~ 3 ~ ~ ,~ ; i ~ '' i ! , ~ ~ ! ~ ~ i t . i ~ ~ I a ,~ ~ ~ . ~ fi 1 ~ ~ _ t > tt {{ s ~ ! '` ~ y t + ~i :; ro 7 i t ii c f p ~ , ~ ~ I t ~ + ~ ~ a ri1 r ~ ~ i E ~ s 1 ~ ' Pi°oDect Nau~e: IhPleridiarfl ~.®ad ar9d II~~"auiti Streeik Splut Corridor - Phase I Project N®: 5~8®4~ Name: City of Meridian RIW Parcel No: 28 T3N, R1 E, Sec 18 COMPENSATION SUMMARY Temporary Construction Easement 7,370 sf .......................................................................................................$0 ACHD WILL PROVIDE CONSTRUCTION FEATURES AS SHOWN ON THE RIGHT-OF-WAY PLANS SHEETS dated July 2007, page 12 and 13 of 14 AS LISTED BELOW: Station 174+30 RT A 40 ft joint use approach will be constructed at South property line. Landscaping: Trees will be trimmed within the TCE Area Sod will be replaced within the TCE Area Sprinklers will be adjusted or relocated within TCE Area Negotiated Items: Seller's disclosure of hazardous materials: (1) None (Seller's Initials); or (2) Seller's disclosure: ACHD Initials: Seller Initials: ~ ~ ~, ' I ~ ~ i , 4 f `,~ ~.~ jj 3~ ; 1 ~ i f ~ ~ ~ # t ~ ~ ~. ~ i, ! ~ i ~ , 1 ~ ~S ~ 'F 1 i, ~ t N t ~ I ~ i ; ~ t J ~ ` ~i I C ~ ~~ ~• , r ~ ~ i ~ ; ~ l : ~ ~ t i ,. # ~ } ~ t ~ C I i ~ S ~ ~ ~ 5' ~ 2 ~ ~ ;~ t ' 4 ! ~ i ~ ~ ~ d~ E r } { ~ ~ 5 Project Namne: Meridian RoaoY and~ir~ Street Spiit Corridor-Phase Project No: 5~84~~ Name: City of Meridian RNV Parcel No: 28 T3N, R1 E, Sec 18 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this day of , 2008, City of Meridian, hereinafter "GRANTOR", and ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, hereinafter "ACRD"; WITNESSETH: For the term and uses and on the terms and conditions hereinafter set forth, GRANTOR does hereby grant to ACHD an easement (the "Easement") under, over, through and across that certain real property owned by GRANTOR situated in the COUNTY OF ADA, STATE OF IDAHO more particularly depicted on Exhibit ~A" attached hereto and by this reference made a part hereof (the °Servient Estate"). This grant is made on the following terms: 1. Authorized Uses By ACHD. ACHD's use of the Easement granted herein shall be in connection with the construction and improvement of a highway on adjoining and abutting property owned by ACRD municipally known as Main Street (the uDominant Estate"), for access and egress for equipment and vehicles, for construction, excavation, storage of earth and other materials thereon, for surveying, and for all other reasonable uses that are necessary, advisable or convenient to ACRD in connection with such highway construction and improvement project, and for ingress and egress to and from the Dominant Estate. 2. Use by Others Under ACHD. ACHD's right to so use the Servient Estate during the term of the Easement shall extend to use by ACHD's Commissioners, employees, contractors and agents. 3. Term. This Easement shall be for a term commencing on the date of the GRANTOR's execution of this Indenture and terminating on the completion of the highway construction and improvement project on the Dominant Estate. On the expiration of the term of this Easement, the rights and privileges granted to ACHD hereunder shall cease and terminate and this Easement shall be null and void and of no further force and effect. 4. Indemnification. ACHD hereby agrees to indemnify and hold GRANTOR harmless from and against any and all claims for loss, injury, death and damage caused by or arising out of the use of the Servient Estate by ACHD, its Commissioners, employees, contractors and agents, hereunder, and including, without limitation, attorneys fees and costs that might be incurred by GRANTOR in defending any such claims. project G4ia~oe: I~eridiao Road a~d'l~'~ai~ S~kreet Slpiifi Corridor- Phsse I Pr®ject No: 5~8~~~ Name: City of ~leridiau~ R!W Parcel No: 28 T3N, R1 E, Sec 18 5. Restoration on Expiration of Term. As provided on Exhibit "A" hereto, on the expiration of the term of this Easement the Servient Estate shall be restored by ACHD, at its sole cost and expense, to at least as good a condition as existing on the date of this Indenture. 6. Binding Effect. This Easement, and the covenants and agreements herein contained, shall, during the entire term hereof, be binding upon and inure to the benefit of (i) ACHD AND GRANTOR, respectively, and their successors and assigns, and (ii) their respective interests in the Dominant and Servient Estates. 7. Appurtenant. The Easement herein granted is appurtenant to the Dominant Estate. TO HAVE AND TO HOLD this Easement unto the ACHD for the term hereinabove set forth. GRANTOR covenants to ACHD that ACHD shall enjoy the quiet and peaceful possession of the Servient Estate throughout the term hereof; and, GRANTOR warrants to the ACHD that GRANTOR is lawfully seized and possessed of the Servient Estate and has the right and authority to grant this Easement to ACHD. IN WITNESS WHEREOF, this Temporary Construction Easement has been duly executed by the parties, the day, month and year herein first above written. City of Meridian ~.,nis;: ~,.;,; ~~" tr d - . p~~4~ '~. h~J4J ~A4~ t _; ~ ~ ~ NO ACKNOWLEDGEMENT NEED'E~'r%, ~~~ EfiIT IS NOT TO BE RECORDED ,~E~~~~~~~~ 2 s ~ ~ ~ ,. ~ .. ~ w ~ ~ ~ i, ~ ~ Y ~ r i ~~' ~ i ~ I ~ ~ . ~ t ~ s 1. ~ 3 ` j 11 ~ ~, i _ ~ ; ~ i ~ i ~ ~ ~ ~ ! ~, ( f, f I ~ ~ a ~ ~ 6 i ~ i ; t ~ ~~ I i ~} ~ f ~ ' { . aJ q E 3 ' I Z ~ ~ ~ '~ ~ . ~ ~ ,, 1 f 1 .. ~ ~ I ' I~ ' ~ ~ f~ # I ~ ~ . f ~ ~ - i E, ~ i ¢ s i g t } t G f ~ ~ t. ~ ~ y ~ ` f ~ ~ ~ i S ~ ~ ; i i ~ ` Z i { ;y ~ 1 i ti ~ 6 ; ~ ~ "I c 1 J ~ ~ ; ; : ~ } FFF 1 i ~ ~ ,~' :~~ 1 „ ~ ~ i S } ~ m i 4'1 i ~'`\` ~.o ~ C ~ ~ m m m * 115,0 s.~ .. .. ~"~ / S 6• ~~ s~~ ~~ .. ~ `p,' ~z ~ 1 ~ I: ~ ~ j w qi I ~ n ~~~~•; ~~ ~~ i~ ;,~~ ~ O ~. ~ ~ w ~~~ FCC a ~~., ~. ~. I ~ p x~ C 1- ~$~ ~~~ ~ ~ ~~ ~~ ~~ s•-~~;~ tl~°9 ~~ ~~. ~~ 0 z t; e March 21, 2008 Department Reports MERIDIAN CITY COUNCIL MEETING MafCh 25, 2008 APPLICANT Legal Department ITEM NO. 6-8-1 REQUEST Approve SWAC Recommendation for funding of Trash Can Holders purchase of X2,723.00 for Western Ada Recreation District 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. a 3' ~ c ~ i r ~ ~~ 3 @ ~ ~ ~ I ~ y }I ,I= ~ k ~ tj F { i ~~~ ~~ 3 ~ '~ ~ ~~' ( Y _ i BBB F ~ ~ 1^ i (,. ~ d ~ ` q t (4a ! ~ ~ ~ ~`. ~ ~ I ~ t ~~ p : 1 ~ ~ ~ f 1 ~ ~ ~ ~ E r 3 i , t ~ f ~ i .1 ~ f t ;' ~: I i . f ; ~ k E ~ ~_ fj i i j ` 'I f ¢ 3 Y + t! ~c ' ' 5 ~ y I ` ~ ~ i y~ I ~ . ~ ~i ~. ~ ~ ` [ ~ [ ,. ~ ~ ~ ~ p ~ ~ ~ t ~ff ti gi , ~ ~ ~ + . i 9~. ~ . : j~ p & ~~~ ~. - } ( ~ i ~ ~, ~, ] ~ ~ ~ ~ ~ ~ a ~ `` j ' z r ; ' 4 2 ~ k F f ~ V ~ 1 ~ ' I p M ~ ~ COMMENTS See ctlached e • 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: Western Ada Recreation District 1937 N.W. 8th Street Meridian, ID 83642 Proposed Project: Trash Can Holders Application Date: February 25, 2008 Reviewed By: Ashley Williams Bill Nary Nancy Mann Tom Barry Jaycee Holman Josh Maus Bill Nary Date Review Date: March 4, 2008 Amount Requested: $2,723.00 Amount Awarded: $2,723.00 Date to Present to Council: March 18, 2008 TaxID#: 82-0305254 Notes: m ~ ~ ~ ~~~ ; a ~ ~ ~ -- s ~ ~ ; ~ ~ ~ l f ~ t a y l ~ ~ ~ 3 k k ~ ( ~ ~ t E ~ ~ ~ ~ ~ s ~} ~ ~~ 1 < ~ ~r ~ ~ ~ ~ i ... is " t ° ~ ~ a i ~ ~ i ~ - } ; '~ :, ~ ' t y ~ , i r ~ ' f , ~ , j i I ~ F ~ Ef ~ ~ ~ ~ ~° ~; . x ~ } ;~ ~ ~' ~ ~ ~ ~., , V ~ I I~, ~ ~ h a 7.. ,; P J 1 k ~~ f' ~ ~. L ~ S ~ ~ Y ~. ( e ~ ~ E ; ~ 1 ~ ~ ~ ~ 't 3 ~ € # ~ "~~ E ~ i ..l s( E ~ I 1 fl 7 _a ~ • • CITY OF MERIDIAN SOLID WASTE ADVISORY COMMITTEE REGULAR MEETING AGENDA Tuesday, March 4, 2008, at 12:00 p.m. City Hall Annex 703 Main Street Meridian, Idaho 208-898-5506 1. Roll-call Attendance: Nancy Mann _~ Ashley Williams f~ Charlie Rountree ® ~ r- Bill Nary 2. Adoption of the Agenda: ~~Y ~~ ~ ~ ~`°~Q`~~ ~.~ " J ~ O MUB (~}~ ~,~ Josh Maus ` / Tom Barry Steve Sedlacek Symantha Miller 3. Approval of Minutes from December 6, 2007: 4. SWAC Committee Member Update: ~trlC ~, 55 / ~ '~ ~~ 5. "Environment At Work" Recognition/Award Program for Businesses: 6. Recycling Fund Discussion: ~,~.D 7. Schedule of Next Meeting: ~ ~ (/ Solid Waste Advisory Committee Meeting -March 4, 2008 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and / or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. a s Solid Waste Advisory Committee December 6, 2007 Page 1 of 2 Solid Waste Advisory Committee Meeting Hidden Hollow Landfill -10300 Seamans Gulch Road December 6, 2007 Minutes The meeting was called to order at 12:17 P.M. by Chazlie Rountree. Members Present: Jaycee Holman, Ashley Williams, Josh Maus, and Charlie Rountree SSC Representatives Present: Steve Sedlacek, Doug Mason, and Symantha Miller Item 1: Roll-Call Attendance: Roll -Call: Nancy Mann X Ashley Williams X Chazlie Rountree Brad Watson Bill Nary X Jaycee Holman X Josh Maus Bill Gregory X Steve Sedlacek X Symantha Miller Item 2: Adoption of the Agenda: All members present agreed to adopt the agenda as written. Item 3: Approval of the Minutes from October 4, 2007: All members present agreed to accept the minutes for October 4, 2007 as written. Chazlie Rountree signed and dated the minutes. Item 4: Formation of Solid Waste Advisory Commission Discussion: This item was tabled until February since Bill Nary was not present. Item 5: Commercial Recycling Program: The co-mingled recycling program for businesses, schools, and multi-tenant (apartment) complexes has been in place since the end of October, 2007. Participants aze able to recycle mixed paper, tin, aluminum, newspaper, magazines, catalogs, and plastic containers together in a unique 5-yazd container or 95-gallon wheeled cart, depending on their recycling needs. The City of Meridian will receive $8.00 per ton from this program. The program has been well received and to date all of the schools within Meridian City limits have 5-yazd containers, 35 businesses have 5-yard containers, and 20 businesses have 95-gallon wheeled carts. A Meridian apartment complex will be starting a pilot recycling program soon. SSC has partnered with the Meridian Wal-Mart to provide recycling tubs for use in Meridian classrooms. Wal-Mart has provided $500 towazds the purchase and is selling SSC the tubs for twenty-five percent under the shelf price. r ~ ! { ~ !~ ! ~~t ~ f ra ~ -~ + t~ ~ ~ ~~ ~ i k ~ ~ ~ f ~ i , ~ ~~~ ~ ~i s, ~ 1 ~ { ~ r~ ~ ~ ~ ? ;I ~ ~ ~~ I t ~ r ~ ~ ~ ~ ~ ~ ~ ~ . }" ~ ~I ~ i ; R i ~, t ~ 9 ~ J . ~ . ~ ~ i` ~ ' i i i a ~~ i ~ ~ r~ r r ~ ~ i c a a ~ ~ 6 ! ' ~ ' ~ ~ ~ g ~ ? r i ~ ! 1 j' I n ~ r~ { } r , ~ ~ ~. ~ ~ ~ 3 t ~~ ~ l ~ ~ ~' } 1 ~ ~ ` s ~^ I ~ j $ ~ 3` s ~ ~ ~ f, ~ i ! ~ i ~ } t; l ;I, 4 i 3 r Y ~ ~ ~ ~ ~ 3, ~ t 4 E ' € + p~ 3 3 . it 1j t4 , ~: i~ ' I < .. ~ :.'I ~ .. ' !.~~~ 1 -. ;', a~+{~ i 4,5 ~ :,i ;. s • Solid Waste Advisory Committee December 6, 2007 Page 2 of 2 Item 6: Recognition/Award Program for Businesses Program Discussion: Symantha Miller presented the SWAC with an application and program guidelines. The SWAC reviewed the forms and had no changes. The SWAC recommended presenting the information at Pre Council and moving forward with the program. Item 7: Recycling Fund Discussion: There were no new applications to review. Symantha mentioned that there has been some interest in the funds, but no one has returned applications. The recycling fund will be highlighted on Channel 2's "Project Green" special in December and also in the next issue of "Meridian in the Middle" magazine. Jaycee Holman suggested creating a billing insert detailing the recycling fund. Symantha will work on a billing insert. Item 8: Schedule of Nezt Meeting: The meeting day has been changed from Thursday to Wednesday in an effort to better work with the schedule of some of our members. The next meeting of the SWAC will be Wednesday, February 6, 2008 at 12:00 noon at the City Hall Annex, 703 Main Street. Adjournment: There being no further business, the meeting was adjourned at 12:55 P.M. A tour of the Hidden Hollow Sanitary Landfill followed the meeting. Respectfully Submitted, Symantha Miller Approved / / Chairman ,~ ~ ~ ~ ~ E ~ C f i ~ . 4 7: !, B F t `S i ~¢ ~~ ~ i ~ j ~ < ~ H F t r ~~ ~ ~i ) { i t ~. ~ ~ ~' + r ~ € f ~ ~.i f -~', ,~ r '' ' ~ ; 1 1 l f ~~ #~ ~ f, ~ ~ „ - i P $ {{ { f ; i E ~ C ~ f ~ ~ . ~ ~ ~ 1 ' ~~11 ~~ . ' ~ ~ ~ „ + f ~ r' t ~ { ~'~ F t ~. • Page 1 of 1 Greetings Symantha, I wanted to share a couple things with you. Oh, by the way, you may only know me as Foodbank Guy! After having to work through issues with the Meridian Food Bank which resulted in our meeting with their board and discussing the benefits of our partnership, I am showing that we have been able to give them 7,450 pounds of perishable rescued product -the equivalent Of nearly $12,600 worth of nourishing food sa far as a result of our partnership. Also, I recall us talking about the need to make sure there was no innuendo in the signage on the vehicle displaying our partnership. To that end, I would like to suggest the language be: The Curbside Recycling Program in Meridian, helped equip this vehicle. This would appear on the side of the van in the rear alongside Our logo. Thoughts? OK? Let me know when you have a chance. The sign company awaits your response. Take care and Happy Leap Day. Rager Simon Executive Director Thefdaho Foodbank P.O. Box 5601 Boise, Idaho 83705 Office 208/336-9643 ext. 248 Fax 208/336-9692 Cell 208/724-8637 The Idaho Foodbank -Leading the Effort to End Hunger in Idaho Check our website: wuvw.idahofoodbank.or4 to learn how you can help nourish tomorrow by helping feed Idaho's children. Charity Navigator has awarded The Zdaho Foodbank its coveted 4-star rating - an honor only given to the most efficient charities in the country. We are proud to be the highest ranked charity in all of Idaho. CONFIDENTIALITY NOTICE: This a-mail message and its attachments are confidential and may be privileged. It is intended or above addressees. If you believe you received this message in error, please notify the sender and delete this email. Thank you. Permission must be granted for use of The Idaho Foodbank logo. ~~~~ • • '~Inir ~ n ~~lt~ d4.~pf1~ . a a ^:~ ~?s ~: ~s1 tie .~~~ m~.~.`a ~... ~,r-~^r~~ td'F:l: wrh k~ Icy 'n9: [~ N c~ rA~'~€atA ~a e~:v. ~ alp aft p. ~' ~ . << ~~ • bra 9~ ~~ R~rs ~a :I w"~. her~c~a ~<,~~ te4~^ix!' [^.::, e ~ r ,.'. ~ ~ A ~` ~ ~ r~¢~`°~,ra~ td~r~., i~ m~~x ~ ~ ~. a~'~,i~~as- ~ e d~'Aa~: ~ ,rte a 96~i4~S ''~. "'~ ~~ e I °~ ~+~ ~~ i '~~~~.~a-S~~ ~" eat ',~~ Pa,~r' ~.~~ ~ ~ - m3~~. __.. .e~° ~° ~ ~ s a:~'~~^"s er.~r~r ss: ~a ' s~k~ d :roi~a$a3`r~:r~9. n ~s'ea~ra ~.~*"~° on ~ _._...~~ ~ 'dry ~i.a ~? r~_ ;, ~d~ ~ ~- ~<; bea m~ ~. ;~c>:, ~ ~3 t~ ~- +,~ ~ :~ ~ fart r:~rm~ a_k35a _~ ~ _air:•~a:~~_~*"u"•dt„~.,`~:"~°`i~ ~:lP3°i~~q ~,-`p°.9`~r?`~&'IY7 ~::.5'"•.,~TR'~~:'~,v'~7i$'1 - _~ ~ n. i Cers~~~;r 6~au P-~ ~~~s~_-~tp^ ~e^.~r ~,~~ ~;~ E.~ a~~r ~~ ~~ `°~' ~~ ~ ~~I *, Ifi,~ I;' °t+~1~",~ ~.:"1~ ~ .r 'el}H 4$~i~s3°7~'% ~'I~~Ac).F~t~R.~ ~'6 `'A't~~~`,~° ~ °a° a p P - .. ,.. _...,. 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ID »~0 T~ X77 8R ~: ~~ 18 16 #ASRi 1 Fg6(1M' aio~-rnau ~ as ~ ~fl0111 dt: p CAN NOI.Dd1©LV TRri PORTlI6 Pir1L .~0 s,BrA ono ~11101.D PL$fC Al4i tLIeE E~011~JI~Q tILY A0.lD x,00 eBTIMA7ED TO ~ CODE J>~ 7r,.lAD TrA.vo ~.fA6101$ PICK UP AT 1~ I~ORTII OLIVE sow. ro ~ HI: ~,~~ ~.MwwMM~ i~r'Ir~ ~i.•~~~~~I~e~+uy~~s~i i~yl~p ~as~ia~Mt P~\ww~oa~Mt~.~deY~milyM~ ~MMe+~rlrAAie.w.~iweO.n~wOa~rw~~r~[ra .~i~ "'~ a~~wr ws~•+•• ro•• aor w .ir a rear..i w.dkirw 11r.w •a0it Os~Ma1YS0~rwl4 KWl~ mfr MI ~r~Hiw~Or ~r~.~/-r a~sMl 1Yrf A~o~iM~~l~aw~s MpA~ ~r.s I~-wA ~1~wr ~I ~I ~u _ _ .f~li~rsa~ ~ ~6 OAY6 AII'p PI~CESfi~1lDOAI1~8. ~~~NL`T~p/1ryL ALL ROI,JOR C1~/!'O1RJ~ Ate, ~AB81:i1RLY REgtBRr)~ Ct~70A~ER 7O fAlaAO ~lTiiigl/ TRI/L~L C~ciftgoll Tout ~~ Plgs 1 d 1 a. ......~.+~ _.ee. -~~ : ,;__ E : Y ~ , ~: ~~ i 1 ' 6 ~ ~ . i i ~ ~: r., ,, ~. ~ i t I ~ [ ` [ , ~ c r ~ i- 3 ~t 3~ i vv, v , r~vvv ii.tr J'YV VV JY VG ~-+[Cridi~r-i ~ ~... `~-~' ~ Community Recycling Fund Appitcotion ~~~ City ~»~ ,1~)/~i'i/ '~~ - __ StotE Zp Code ~~ COntOCt Name Ond Title "' This application is to be completed by organizations vpplying for communi r ~k': We can only consider appllcaNona for prolecfa within Merldlvn cfh- ffmfta; ~ hung tunding. Please which have o t:t matching component; and whkh contain recycled content K o pertain to rscycllhg' placed on or near the protect atafing that M w®s funded In port b1- the Meridian cwpb~3ldebec III lgn muaf be Please return completed application To Sanitary Services, Co. Q13p W, Franklin Rood, Mend at fK r~daho, 83642 Or fax to 888-5052. Organization Name Address Phone Number ~~~ ' y~0 ~_ Describe your orgon¢ation's purpose. Attoth additionat sheets iP needed. vvT~/ /~'.~/ PAGE 03 ~j Describe the community recycling activity you would like to hove supported, Attach additional sheets if needed. Please provide manufacturers lnformotion for the items to be used in the project. ~.!/~?/~ t ~ ' ~' 1 'i .l:vG ~ ~ ~ ~'.d Total funds requested ~ ~ ~ 000 4 ~~~r'"E~,Total estimated Cost of project 3 000 mQrio~~ Describe how the community recycling funds will be used, the SChe I matching contribuilon win be determined. Attach additional sheets idneededhe project, and how the t:t ~. ~. z V tN Wj7?11 ~~ ~ r~lr~-lL TS IL I~ I~ '(~{~' ~r/IVlaS Describe the Signoge that will b9 used, (plaque, standing sign, etch, and the location. Attach addifional sheets ii needed. We would Ilke the ifgn fo read: Lleaetf aoDllcarMl fhonks the cltfzena of the City of Meridian rot }halt effotta through the Cutbalde Recycling Program to help fund fhla Ir et} orolecf). EST. Ina a SYMHIV I I'iH M1LL~ Fox Number ~ N ~ ~~z~~ ; ~ Tl~c sC'Hrj~ L ~~- ~oNre(L. sc ~1-Mv~.s ~.nrl ~e*t-r t~ p ~ cc~s ~ ~ ~ t, +tJ TAE st~+oa~. N~~~-- ' A~JD S Signature of CoMacf Person ~ Pyrn,tt (We m~~°°oat.~ -hove o :Ign e o ro~a~ ~ cJ~""'~or~~'l t 6~t~~C sCkc~D~ ~Quesf) bate L l ~ ZOd • • N S17 O O 93'-p " TO GROUND { ~ Q ~ A ~ ~ ~ ~~O~O~ m~`~~~z ~ ~ ~ ~ r (IdZ7~~+ ~ ~~°fl Xa~~~RR Y ~~_~~~ pyvw$~ m ~~ ~e~~~ ... ^~Y N m o ~~ is ~ w ~i 4 . i.~: ' - ~~ ~ O ~ - €~ ~`. UI ti ~". ~,, .~, auras ~ owre8~~~b -. - ~ _i(tYA6R51F3 t i umume~ _ a `` ~ _ ~~~ 1 t I - ~~ ` I ~ ~ i • ~ t , " ; ~ r W ~ ~ . ~. 7 F.' '~. 1 A . ° ~ `,t ~ ~ t3 r e 3t, ~, „~ w E3: ~ 1 ~ r ~. ,° ._ ~. i ,, '~ ~, ~rt~ ~ s t: , m'R » .. 3 . ranmasF.+amnanamaa<a _I 300$9 4 ~tltltl ~(i I i ! ~, (', I ~ ~ ~ ~ E ti F ' a Eg ( I E ~ j y ~r , P ~ r ~ ° I i 3 I ' I ,~ ~ f~ f~ 1~ { ~ 4 (E¢r ~ t ! `! ~ ~ ~ ~: ~ ~ ~~ ,~ ~ s .1 ~ :~ ~ ~ i :! ~ ~ ~ ~ a ~ p~p I . 3 ~ i ~ ~ ! ~ } ~ } i ~i . . ~~ ~ '.~ : ~~ ~ 3 t 1 1 ~.i t - ~ i s i ~ ~ ! ~ ~ R ~ ~ ##' ~ ~ i~ ~ ~ 1 f ~ I ' ~ ` ~ ~ 3 ~ t 3 7 E ~ ` ~ '" ~ ~ ~ 4 ` ~ ~ ,~ i ~ r ~ r , t vv~ v-+~ sva.IV li• iJ J'YVUVJ SYMHN~HA M1L.L.~ PAGE 04 ~ ~ ~ _. ~. ~ ~ o v ~ o' •• •• ~ .. y ~ ~. ~ ~ t~j ~ ~ ro -s C rD' .t ~ ~. rj~ ~ "1 ~. .- ab-h ~~ a; ~ ~' g ~ `~ ~ ~ m 3 ° °'o a'ao ~ ~,' ova ^- ~ ~ ~ e aro a ,., ~ b ~ m Y' ~ ~ ~ ~ ~ O a a ~ C m ~ •~•~ ~ m m L7 ~p ~ ~ .~ ~ oo r1 Q .'.,, b ~ ~, ~ O~ D a, ara ' a ~ ~ ~ -~ ~ ~ ~ ~, n .. ~ a ~ ~ ~ ~ ~ ~ a .. ~ ~, ~ O n i. ~p S A ~g ~ O ~- C ~ ~~ A O ~ ~ `~ O ~ ~ ~ ~'H Q. ,.r `® ~ ~ '' .8 m ~ C• O C a ~. ~ -~ .0 D va ,~,, ~ °~ ? a ~ ~ c ~ ~ O .~. A C a~ ~' • -~ a _. e~ a a 4k Q ~ i i t.! 6 i 1p1 x] p ? f ` ~.~ r ~i~~ I apt 3 i ~, I, ~ 3~I r ~~ f ~ p ~ i~ r ~~ 7 f _ ~ ~ ~~ iF' t d ''L~ ~ ~~: qq ~s.. ( # ~~ { ~ jf '~ ~ i i. ~ ' k._ ~ ~ i ~ ~ I ~ ~ , -._, r pp ~ ; 7 -: ~ ti. i ~ r ~~ ~ ~ ~~ t- ~ f - E' 3 ~ ale i~ . ~ ~ j ~y¢' 9r ~ ~, ~ y °~i ;+ J March 21, 2008 CUP 07-022 MERIDIAN CITY COUNCIL MEETING March 25, 2008 APPLICANT Dr. Dan Thieme ITEM NO. 8 REQUEST Public Hearing -- Request for Conditional Use Permit for a medical office in the O-T zoning district that does not meet the criteria of the Downtown Meridian Design Guidelines for Meridian Eye Care -- 125 West Cherry Lane AGENCY COMMENTS (i 1 a S b- i { } CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See attached P&Z Item Packet /Minutes See attached Memo cor~t~n~ ~~b~~ -N.2~v,~~- ts~ ~ - I -Og Date: Phone: _ Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. f ~ i ~ (~?~ ~ 3 ;;i z I ~ ~' ~ ~ ~, } ~ ~ 1, j, ~ j ~ ~~ E z ~~ ~, F... ' .~ j- ,~i ,~ t 4 . ~ l ~i S S 3 + r + ~ i~~ ii ~ 5 y ~ , F 1 ` i FF ~ ~ ~ t t ~ ; ~ i ; I~ J ~ ~ ', ~ ; t i I ~ ~ ~ i { ~ 11; ~ t ~ t ~ ~ V ~ T ~ ~,, t ~ ~ ~ ~ i i ~ C ~ 'r, :: ~~ ~ ~ '~ ~ i , ~ ~ I 3 ; ~, ~ . ~ f i ~ S ! ~ ~ ~ ~ ~ 9 i ~- i~ ~ ° ~ i t~ ~ ~ ~ ' ~ j ~ ~ ~ i i ~ i ~ ~ t ~ ~ ~ a i F f E ` ~ 4 ~ ~ ~ ~. ~ tl 1 i ~ r ~ i i j ~ ~ March 21, 2008 MI 08-001 MERIDIAN CITY COUNCIL MEETING March 25, 2008 APPLICANT James Gipson ITEM NO. 9 REQUEST Public Hearing -Miscellaneous application to modify the Development Agreement to remove the requirement for cross-access between the properties located at 125 W. Cherry Ln 8~ 1645 W. 1st St. for Mittleider _ AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See affiached Merx~o CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: ~~~~ ~ u~~ ]~ ~ _ ~ _~~ (~ 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. Tr ~ ,; f~ i : x ~ ~ , j a ;, 1 ~ ~ ~ ~ • S s F ~ ~ ~ ~- i e I j i i i } ,t ~ ~ 1 t ~ I {, f: ' ~ I :j ' I I ~ -~ r ;_ ~ +~' 3 ~ . ` e ~' h 1 [ ~ ~ t i` ~ } ~ ' ~ j ~ e ` ~ i ~ ' `~' k ~ i a ~. ! i ~ ~ r p l ~ ~~ I ~ r. ~ I i I ! t ' ry ~ ! ~ € ' ~ ~ Y f j~. '. ; t ~ ~ ~ ' e ~ '~~ ~ } t 4 ~ ~ I ~: ~ ` I ~ ~ t i I ! ~ ~ ~ { I ~_ ~ ~ ~ ~ i i i~ ! s , . ~~ ~ :,,{ ~ ' 1 ~ v t~ ~ ~' f 7y ~ ~ _ r (Y ~ t ~ I ' ' 1 f i ~ ~ + . s i f ~ ~ ~ L i 4 LL 1 t ~ r .~ k } ~~ t ~ t ` s .; ~ r I ~ ` ~ y ;; c 7 I ~ I ' ~ ~ P` , ~ i ~ ~' y 1' i ~, • MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joe Borton Charles Rountree David Zaremba CTrY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 /fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 /flax 888-6844 Police 1401 E. Watertower Lane 888-6678 / fax 846-736b Public Works 660 E. Watertower Lane Suite 200 898-5500 /fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 /fax 884-0744 - Water 2355 N.W. 8th Street 888-5242 /fax 884-1159 1 ~~~~ ~qR ~ y~~.~~~~~I~ 9~'c~ DELIQUENCY FOR TURN OFF Schedule for March 25, 2005 cycle 7 MAYOR: This letter attests to the fact that no water users have requested a pre-termination hearing for March 25, 2008. users having delinquent utility bills will be shut off on March 26, 2008. The total amount past due is $ 13424.88. The number of past due customers is 130. Desiree Bickmore Billing Administrator CrrY HALL 33 EAST IDAxO AvEN1IE MERIDL!,N, InAxo 83642 208) 888-4433 CITY CLERK - FAX 888-4218 QTY ATl'ORNEY / FkR -FAR 884-8723 FINANCE & i)TII11'Y BILLING-FAX ~7 13 MAYOR SOFFICE -FAX 884-8116 #Y~ r ~' S ,. , ~ 4 ~ ~ ~ r 1 ' ~ ~ I i s' { I ~ ~ ~~ ~ ~i 1 I II _ ~ F ~~ ti i t. 4 I, ~ i n~ ~ ~ . t ~ ~ ,, r' i f ~3 r f ~; ~ ~ q i ~. ~ M ~ ~ !~ ; ~ J ~ ~ i 4 r ; ~ t ~ ~ 3 i ! f i ' ~ i ~ j ~ ~ ~ i f~ i• ~ a 'JI; ~ 1 4 t`, i 7 " . - ~ ~ ~ t ~ V ~ : i ~ ~ 1~ ti t. f` t ~~ ~ ~ p ~ i; E. ~ ~ 1 f a S ~ ~ 1 # ( i c° ~ ' ~ ~ ° t ~ ~ I ~ ~ , fi rd i i ~ ~: ~ • CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 1 Standard Payment Customers Mar 25, 2008 04:36pm Current Period: 04/05/2008 -Transactions Included Through: 04/05/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Report Criteria: Terminated customers not included Customer.Cust No () _ {<}7700000001 Customer.Bill Cycle = 1 Customer.disconnected = No Customer.shut oft list = No Ref No 1 2 Cust No 23.02.4990.04 30.74.2968.03 Name /Service Address ABDERHALDEN, RICHARD 1520 CINDER RD ALVAREZ, JOSE 1577 PINTAIL DR W CANCELED D/P PER CUSTOMER REQ. AS OF 8/29/07-CUSTOMER IS OWENRS DAUGHTER. WILL SEND IN NEW FORM FOR D/P WITH NEW ACCT. INFO.-DB 8/29/07 Past Due 72.96 144.91. Balance 138.93 205.06 3 30.74.3110.03 ARENDS, GARRICK & STEPHANIE 59.67 152.86 919 EGRET DR W NO ARRANGEMENTS ALLOWED AND CASH ONLY TIL 7/30/08 DUE TO NSF TO GET/KEEP WATER ON...NO EXCEPTIONS.-DB 8/2/07 4 24.04.1290.03 BACON, THOMAS & JANIS 96.18 131.66 2591 CARLTON ST W 5 23.01.2270.02 BARELA, ALEXANDRIA 137.88 270.94 681 WEST 15TH ST N 6 22.50.1912.02 BARNHART, RICK 64.10 157.29 1596 PENRITH PL N 7 36.68.0312.02 BENSON, JR. DARRYL 53.88 103.33 1505 LAKE CREEK ST E 8 30.74.3068.03 BLASQUEZ, RANDY 8~ MICHAEL 55.48 126.14 952 LOON ST W 9 30.30.6236.03 BLEDSOE, STEPHANIE 113.90 159.63 1243 JACKSNIPE DR W 10 23.02.1580.02 BLESSENGER, RONNIE & HAZEL 73.97 115.56 14182NDSTW 11 37.37.3040.01 BLOWERS, DAN 8~ MADELEINE 57.99 120.41 3054 BEAR CLAW PL S 12 45.20.0107.02 BREWER, BRANDY 127.09 173.47 1246 PIENZA ST E r ~ { ~ t ' ~ ~ ~ _ ~ ~ ~ ~ ~ _ ~ i d ~ 7 . ~ tt f E i { r # ~ ~ ~, ~ f E S t ~ is ~ ' r ,4 ~~ ~ i ~~ ~ f ~ i ~ ~ ' ' ~ ~ ~ i I 3 '. { l~ 1 { y ,' } $ i ~ e' ~ ~ t, t ~ , i > ~ ~~ ' { ~ ~ ~ i... 7 . ~ ' ~ ~ ~ ~ f ' 1 ~ ~ G ' I i ~ + ~ ~ ~ t :- ~ ~ ' ~ !~ ~ 5} 5}{ ~( ~ i , ~ 3 ~ ~ ~ F : ~ 1 ~ 4 777 L Y y c 7 _ . ~ S ; f _ ~ 7~ ~ ~ ~ ; ~ ~ I [~ t i ' l (y i ~~ ~ ; 4 ~ ~ .' G f ~~~ 1 c ~' i ~ 7 ~~ ~`! ~ f e CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 2 Standard Payment Customers Mar 25, 2008 04:36pm Current Period: 04/05/2008 -Transactions Included Through: 04/05/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address 13 30.74.3838.03 BROADHEAD, KRISTA 8~ RON 1346 WALTMAN DR W Past Due Balance 57.83 154.06 REMOVED CASH ONLY/NO ARRANGEMENTS ALERT-SEE NOTES-DB 8/29/07 NO ARRANGEMENTS TIL 9/5/0711!-CASH ONLY TIL 9/5/07 FOR BROADHEAD (RENTER) WHO WROTE NSF TO KEEP/GET WATER BACK ON. 14 30.30.6124.03 BROWN, TERRY L 63.09 98.57 846 OTTER AVE S 15 34.60.1601.02 BROXSON, GERALD M 8~ MELISSA 80.14 .154.94 2782 KNAPP AVE S 16 21.21.9118.03 BRYAN & KART HERMANSON TRUST 57.70 82.16 1977 WILSON LN E - A & B (LEFT 17 20.47.1164.02 BURDEN, TYLER & AMY 75.85 131.86 996 TRUCKEE PL N 18 22.50.1910.04 BYLER, J. & MCNEES, B. 67.92 152.51 1578 PENRITH PL N 19 34.60.1139.02 CARRIGAN, RYAN 114.91 185.57 2620 FLAME AVE S ZO 22.50.0354.01 CARSTENSEN, DENNIS & GAYLENE 71.66 145.13 416 CARLTON AVE E 21 23.01.0480.02 CHAVERS, MICHELLE 79.61 139.92 724 8TH ST W NO ARRANGEMENTS ALLOWED FOR RENTERS PER THE OWNERI! 22 32.32.4030.03 CHRISTOFFERSON, RENEE 52.70 102.86 1659 PEGRAM ST E 23 32.32.4944.04 CLARK, ANDY 18~ SARAH 101.62 153.17 493 TRUSS AVE S 24 24.04.1388.02 CLARK, DOUGLAS 59.67 122.86 2562 EBBTIDE ST W 25 23.02.0030.02 COLE, MICHELLE 54.54 91.70 911 1ST ST W ~ ~ ~1 ~. ; _ ; ~ 1 f . it :~ ~ f ~ L~ ~ { C ~ ~ f. ` t ' ~ ~ : r' ~ t 7 ~' l ~ S n j t ~ ' ~ ~ ~ ~ ~ ' ~ ~ j s~ tt ~ ~ ~ ~ f t ' 1 ; i i ' ~~ ~ ~ ~ ~ t R ~ r '1 { ~ '' ~ $ k~ - f '~ I, j~ 1 ~. ~ ~'j ~ }_ 4 b y ~ .. 1 _ f ` ~ ~ ~~ 9 4 ~ ' ' z ) 4 ~ ' j ~ ~ r ~ i~ ~~ ~ ~ E [ ~ + ~ ~ p t ~~ _ ~ 1' f ~ ~ ~ ~t E ~ ~ ~ ~ ~ o + ~ ~ E CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 3 Standard Payment Customers Mar 25, 2008 04:36pm Current Period: 04/05/2008 -Transactions Included Through: 04/05/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name 1 Service Address Past Due Balance 26 35.35.0228.01 COVINO, PETER III 85.24 149.82 3070 SLATE CREEK WAY S 27 20.46.0330.03 CURTIS, MICHAEL 8 DEANNA 3524 EISENHOWER DR E 55.24 145.39 28 22.50.3852.02 D'AMICO, JENNIFER 59.79 92.52 1225 ADKINS AVE N 29 22.50.4642.04 DEAN, RAIDER 61.35 126.22 22 PINE AVE E NO ARRANGEMENTS ALLOWED FOR RENTERS AT ANY TIME PER THE OWNER!!!! 30 35.65.0416.02 DILECCE, JOE & TERESA 50.81 106.79 2427 BRANDYS JEWEL AVE S 31 23.02.5840.02 DJ INVESTMENTS INC 64.10 133.11 1338 CARLTON ST W 32 36.65.0103.01 DOUBLE D HOME & RANCH 265.66 513.60 3100 MERIDIAN RD S 33 24.04.2282.01 DRURY, PATRICK 55.24 114.00 1422 SANTA ROSA PL N 34 30.74.1108.01 EDDY, DENNIS 58.54 84.06 109 1ST ST W 35 36.69.0544.03 ELLIS, II, JOHN 8~ JOANNA 89.00 160.28 1844 RETRIEVER WAY S NO ARRANGEMENTS ALLOWED UNTIL 10/8108 DUE TO BROKEN ARRANGEMENT-DB 10/9/07 36 22.51.0978.05 ENRIQUEZ, M. $ LEACH, J. 83.06 140.43 811 PINE AVE E NO ARRANGEMENTS ALLOWED FOR RENTERS PER THE OWNER!! 37 25.25.0154.04 FINDLING, JENNIE 65.11 102.27 3321 WAVE DR W 38 30.30.6212.02 FORSTER, PAMELA 55.24 109.83 1232 JACKSNIPE DR W i_ ! ' ~ i ~ P tl ( F { r f t ~ i f ~ ,r ! { ': ~ r ~ 6 ~ ~ € i' ~I ~ F ~ :~ i { I ~ ~ S[ ~ ~ G I I $ 7 p6pl ! ~ 3 ~. ~ 1 ~ f 4 i ~ I ~` ~ ~ ~ ~ ~ € ~k ~ F i; ~ ' 3 ' . l " ~ ~ k - s v: i ~ i i ~ ~ ~ ~ ~ ~ f I ~ s c ~ } J I ~ ~ ~ J J ~~ I. ~ ~~ ! ' ,, CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 4 Standard Payment Customers Mar 25, 2008 04:36pm Current Period: 04/05/2008 -Transactions Included Through: 04/05/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 39 24.04.1454.01 FUENTES, CHRYSTLE G. 70.61 107.74 1257 CLARA AVE N 40 30.74.2848.03 GAMEL, MATT 106.05 163.42 501 SPOONBILL AVE S 41 35.35.0182.04 GIBBS, CINDY 92.76 150.13 3007 GIVENS WAY S 42 24.03.0328.04 GONZALES, DANK 8~ LADONNA, ROSE 73.97 121.38 2021 SLATON DR W 43 20.46.0434.05 GOODWIN, GARRETT 55.24 101.23 3690 CONGRESSIONAL DR E 44 24.04.1206.01 GREEN, KEVIN 85.24 135.40 2511 FORECAST ST W 45 24.03.0122.03 HALL, FRAN 72.70 137.54 664 MINERAL WELLS AVE N 46 24.04.0566.02 HEILLER, JAMES 60.34 96.11 3110 FORECAST ST W 47 20.47.1130.02 HENLEY, RICHARD 61.35 137.86 4056 ENGLISH DR E 48 25.05.0220.01 HESSING, WILLIAM 238.49 404.99 3887 BIG CREEK CT W 49 22.50.4634.02 HILL, TODD 8~ WILSON, RODNEY 68.36 106.58 40 PINE AVE E 50 22.51.0938.05 HORACEK, RANDY 8 LAURE 57.01 94.44 707 PINE AVE E 51 30.74.2502.07 HUBLER, AMY 8~ JORDAN, TREVOR 64.10 127.29 1420 HEIDI PL S NO ARRANGEMENTS ALLOWED FOR THE RENTERS!!! 52 35.38.0112.01 HUDDELSTON, J & TORRES, R. 50.81 92.76 3143 CON.DA AVE S 53 22.51.0160.01 IDAHO TRUSS 2,814.62 3,050.71 231 BROADWAY AVE E ~ ~ ~ ; f ~ ~ E ~ ~ ~: E c i. ~ ~ ~ 1 ~ ~ ~ F ~ t ~ ~ t r ~ ~ # f. y ` ~ ' ~; 4 ~ ! ~ ~ } F; ~ ~ ~'~ ;r t 4 i } }? 2 ~ S 1 ~ 1 ~ i ~ ~ 4 ~ ~ ~~ ~ i' ~ t ~ ~ ~ P ~ 4 N ~ 7 ~ f ' i i ~ tE 4 J I ~ f ± fi~~ l i ~ ~ s ~ Y t t 1 t r 1 F: f ~ ill ~. i ~ f 1.7 * ~ ~ ' I x ~ L ~ 7 F a. ~ ~ . ~ = ~ ( d ~ ~ ~ ~ ~ a ~ [ ~ 1 ~ ~~ i' i 1 ; t ~ i ~~ ~~ ~ t ' ~ 1'~ ~ ~ ~ ' ~ ! ¢ t1'!. ~ c ( ~ f i 1 ~ { i t ~~ ~ I ~ ~ i ' ~ E ; ~ € ~ ~~ ` , ~ ~ ` ~S r. ~ ~ ~ j 1 CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 5 Standard Payment Customers Mar 25, 2008 04:37pm Current Period: 04/05/2008 -Transactions Included Through: 04/05/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address 54 23.23.3488.03 INGALLS, MATT 868 BROADWAY AVE W 55 25.09.0008.03 JAKOMEIT, MICHAEL 3288 ACARRERA CT W CASH ONLY FOR CUSTOMER TIL 6/28/08--RECEIVED 2ND NSF IN LESS THAN A YEAR. Past Due Balance 69.54 109.74 97.12 151.97 56 22.51.3246.01 JANSEN, DEAN 88.33 147.09 110 WILLIAMS AVE E NO ARRANGEMENTS ALLOWED FOR THE RENTERS PER THE OWNERI!! 57 32.32.4052.02 JEREMIAH PROPERTIES 60.68 93.41 710 TORINO AVE S 58 25.05.0772.03 JOHNSON, DAVID 8~ KELLE 136.05 194.81 3742 PARK CREEK DR W 59 24.04.1138.02 JONES, NATHAN 57.32 91.41 1040 MAURA AVE N 60 30.74.3508.03 KIMMEL, BRET & JOHNSON, ALANNA 86.53 136.72 1071 HONKER DR W 61 24.04.2208.01 KING, C. GRANT 1800 SANTA CLARA DR W 62 22.51.3310.04 KING, CHRISTOPHER 226 2ND ST E 63 24.04.2262.01 KREEGAR, KRISTOPHER 1426 SILVERADO PL N 64 24.04.2320.02 KUENZLI, JULIE R. 1516 VINEYARDS AVE N 65 24.03.0814.03 LAFOLLETTE, BILLY RAY 2561 SNYDER ST W 66 37.72.0228.03 LARA, ELIZABETH 2109 COVEY AVE S NO ARRANGEMENTS ALLOWED FOR RENTER (LARA) UNTIL 1/29/08 DUE TO BROKEN ARRANGEMENTS. CASH ONLY TIL 1/29/08 DUE TO NSF WRITTEN TO GET/KEEP WATER ON. 90.68 187.40 134.98 194.03 50.81 108.18 69.54 108.09 85.24 134.01 83.37 125.32 t~ t , ji i € !{ W~ 1 ~ E- r ~ ' ~ ~ ~ ` ' ~~ f ~ j I # +~ I S ~ 1 - i `F `4 ~ ~ ~ ~ i t ~ I ~- ~ 1 # ,'J ,~ ~ ~ ~ i 11 v I ~ ,e j ~S - ~ ,I; r+ ~ ~a I ~, i{ ' E p: p 1l ~ ~ i~ ~ ~~ :~ i• 3, ! , ~ fff ~ ° ~ ~ i ~~ ~ ~t ~ ~ } ~ ~ ~ ~ ~ t ~ i F 3 ~ ~, _ 3 F t ~ , t Yi: k ~ ~ ~ ~ ~ ~ ' u ~ Y ~ 1 { I'~ 4 { E 3 ! ~~ - ~ i ~ ~ ' ¢ 7 f ' y ~ F ~ } ~{ ~ # t 7 S ~ f ~ Y { E 1 ~ M ! ` y p , ~7 ~ ~ • CITY OF MERIDIAN Shutoff Acxount List CITY COUNCIL Page: 6 Standard Payment Customers Mar 25, 2008 04:37pm Current Period: 04/05/2008 -Transactions Included Through: 04/05/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 67 20.46.0372.03 LARSEN, PAUL 113.50 255.19 1057 CAUCUS WAY N 68 30.74.0106.05 LAWRENCE, JOHN 580 LYNHURST PL 82.83 131.63 69 23.03.9868.01 LAWRENCE, WENDELL 8 KATHLEEN 235.34 515.74 444 CINDER RD N 70 22.50.2428.01 LEONARD, DAMON & KELLY 68.20 147.46 1332 PENRITH AVE N 71 23.02.1370.02 MAIN, MICHAEL & TINA 56.92 134.56 1607 1ST ST W NO ARRANGEMENTS ALLOWED UNTIL 12/10/08 DUE TO BROKEN ARRANGEMENT. 72 24.03.0410.04 MANGIONE, LUIGI & LAURYE 65.11 100.88 661 TALL PINE PL N 73 20.47.1120.03 MANNING, CLAIR 87.26 137.45 4170 ENGLISH DR E 74 30.74.2642.01 MANWARING, MARK & DARCY 76.49 154.36 895 PENNWOOD ST W 75 46.16.1311.02 MARKHAM, PAUL 8~ JAMIE 72.96 153.77 3771 MARSALA AVE S 76 25.25.4026.03 MCBRIDE, K. 8~ BLYTHE, S. 75.24 138.69 1507 TESSA AVE N NO ARRANGMENTS ALLOWED FOR THE RENTERS PER THE OWNER!!! 77 36.36.0986.02 McKINLEY, BRAD 82.08 129.72 437 FOREST RIDGE DRS (CORNER) 78 25.09.0042.02 MCMULLIN, LOVEANNE 76.50 131.09 915 BRITT PL N 79 24.04.1776.02 MERTES, CHERIE 59.67 114.00 2628 WILLARD ST W NO ARRANGEMENTS ALLOWED FOR RENTERS PER LANDLORD. 80 30.74.3246.01 MEYER, JOHN 8~ LISA 87.32 182.33 461 PELICAN WAY S !- F I. ~ ~ ~ r t I ~ # 17 f '~ : ~'~ ~ ' ~ ~ ~ 1 ~, s ~ ~ t r; 4 , ~ ~ > ~ ~. ; t } ~ ~~ ~ C , , ~ ,. ~ J ' i , p j ~ i; ~ i I ~ 3 ~ ' ~ y ~ f i ~ ~ ~ ~ ; ~ ~ . r 4 ~ }} ,; sy _ ~ , ~ ~ ( ff j ~ F ' 1 t e t ~ ~ a ~ S ! ~ ~ ~. f ~ 1 Gt ! i ~ 4 ~ ~ ~ ~ ~ ~ ~ F ~ ." ~ ~ t ! ~ ~ E ~ ; t ~ ~ ~ E ! ( ~ 1 ~ # ~ ~ y ~ j , • ~ v CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 7 Standard Payment Customers Mar 25, 2008 04:37pm Current Period: 04/05/2008 -Transactions Included Through: 04/05/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 81 22.51.3104.03 ME7J~, JOHN 8~ AMBER 70.21 178.11 83 KING ST E 82 35.35.1442.04 MORONI, ALESSANDRO 65.78 127.61 3026 CRATER PL S 83 35.10.0139.02 MORRISON, CHRISTOPHER 54.64 91.87 1805 OVERLAND RD BLDG #39 84 23.01.0440.07 NAVA, AURTHER 93.20 127.19 710 8TH ST W 85 30.74.3696.02 NELSON, STACY & SHAUNA 99.54 181.58 975 JACKSNIPE DR W 86 22.50.0012.01 O'HARE, ANTHONY 61.35 127.61 29 STATE AVE E NO ARRANGEMENTS FOR ANTHONY O'HARE 87 22.50.0262.02 PENA, THEODORE 8~ JULIA 50.07 103.30 12 STATE AVE E NO ARRANGEMENTS ALLOWED UNTIL 11/5/08 DUE TO RENTER (PENA) BREAKING 2ND ARRANGEMENT-DB 11/6107 88 24.04.1220.03 PENNEL, KATHRYN 107.02 172.96 2566 WAVE CT W 89 23.02.0070.02 PINKSTON, TONYA & THOMAS 103.52 155.07 922 2ND ST W 90 23.02.1700.04 POPE, GERARD 8~ JANET 142.78 277.75 1648 N WEST 2ND ST 91 25.25.4018.02 POPE, MARK & RANDY 67.90 93.42 4670 ASPEN CREEK ST W 92 22.50.0038.01 RABEHL, DALE 72.96 143.36 921 2ND ST E 93 30.74.3198.02 REA, WILLIAM 52.49 111.54 841 GREENHEAD ST W 94 23.02.0100.01 READE, JOHN 8~ DONNA 90.68 182.97 903 2ND ST W NO ARRANGEMENTS ALLOWED TIL ~ S i ' „{' ~ i ~ y i ' ~ ii t s ~ ± ~ ; . „~ , f Z i. rd ~ i ~' f ' ~ t ~~ ~ ~ I v ( I . i ~'~ I 3 7 ~ ~' ` y~ . ~ ` f t i i ` i I 1 ! ~ I ~ ~ , t i , jt ~ i , !a 1 1 ~ ~ f~ ~ ~ ~ ~. } ~ _ ~ i~ s - ~ ~ ~ r r ~ ~ ~' ~ i, E ~' ;, i I r ~ ~ , ~ ~ ~ ~ 1 + ~ _ I ~} ' r 1 E - ~ i ' + ~ s ~ ~ r i' '~y' ! ~ 3 ~` ~ ~ ~ ~ ' ~ p CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 8 2008 04:37pm Mar 25 , Standard Payment Customers Current Period: 04/05/2008 -Transactions Included Through: 04/05/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance 6/7/08 DUE TO POSTPONEMENT OF ARRANGEMENTS 6/2007. 95 21.49.1102.01 RECORD STEEL 114.69 235.94 250 LOCUST GROVE N 96 23.01.3310.05 REYNA, ANTHONY & MARIA 74.10 184.26 711 PINE AVE W 97 22.50.0306.02 RITTENHOUSE, CRAIG 250.77 482.13 141 CARLTON AVE E 98 24.04.2006.02 ROBINSON, RICHARD & 50.81 105.40 2060 SUNNY SLOPE DR W 99 22.50.2196.03 ROSS, BARRY 8~ BEVERLY 55.11 92.27 888 ASHFORD ST E 100 25.09.0058.01 ROTELLA, ROB & JILLENE 83.50 181.90 936 BRITT PL N REMOVED NO ARRANGEMENTS ALLOWED-HAS BEEN OVERAYEAR-IF ONE BROKE, CUSTOMER IS AWARE WILL BE PERM. NO ARRANGEMENTS!!! ROTELLA BROKE ARRANGEMENTS MADE ON 6/26/06.-ROTELLA'S PH: 208-412-4064 101 46.17.0228.02 RULEY, GARY 8~ MICHELE 75.71 138.13 2810 ISCHIA ST E NO ARRANGEMENTS ALLOWED TIL 10/29/08 DUE TO NSF WRITTEN TO PAY ARRANGEMENT. IS ALSO CASH ONLY TIL 10/29/08 DUE TO THIS.-DB 11/13/07 102 22.50.4044.04 SALAZAR, HARLEY 59.67 127'29 1013 PETERSBURG WAY N 103 25.05.0720.02 SANTOS, WILLIE & MARIE 158.87 284.66 3508 FIR CREEK CT W 104 22.50.2420.02 SHAW, ROBERT 94.10 158.68 1401 DRUCKER ST E 105 29.07.1072.03 SHEETS, RONALD 8~ RHONDA 59.67 122.86 431 MALACHITE AVE S 106 22.51.4034.02 SKINNER, KEN 51.82 81'77 34 ADA ST E 107 29.07.0906.05 SMALL, DENNIS 60.93 89.20 1901 GREENHEAD DR W tl ~ ~- ~t A ; ~ ~ 1 ~ ~ ~ ~ ~ ~' ~ ~ F } ;. f ~ i y ~ r ~ ~ d a ~ I ~ ~ ~ ~ Y ' E s € ( ~ , ~ ~ ~ I, '~ ~ 1 i pp ~ ~ ~ , 11 ~~~ 1 ~ ~~ 5 ~~~ ° k d p } f t :. ~. 4 ~~ ~ 1 i i T ~ , ~ ~ ~ ~ ~ ~ i. 1 l 1 ' ~ gg - ~ ~ - F ~ , ~ ~ t. ~ r ~ p F ~ , t f ~ ,~ ~~ ~ ~ ~~ ¢, k~ ~ ~ ~ k ~ ~ ~~' X ~~ - l ~' ~ ~ E 1 ~~ ~ ~ ~ E ~ ~ f ~ i : i t ~i }} , a ~ ~ ;: ' i . ; 1 ~ t ; i 1 F 1 ~ ~ [ E f k , ~ 9t ~ 3 ~: ~ { a ~ i _ I . . ~ ~, ~ f t ' { ~ ~~ 1 ~ ~ ~ } . i ~ 1 , ~ I i ~{ . ~` 1a F { ~ ~ ~ ~ ' ~ ~ll i ` 1 I F ~e+ 9~ 1 ~ i yt~ f ~ ~ i ' ~ ` , CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Page: 9 Standard Payment Customers Mar 25, 2008 04:38pm Current Period: 04/05/2008 -Transactions Included Through: 04/05/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 108 35.65.0258.04 STECKERT, DANIEL 8~ MONIKA 2575 BAYOU BAR WAY S 109 36.69.0630.02 STEIK, JEREMY 8~ JESSICA 1386 PEACOCK ST E 110 30.74.3370.03 STELZRIED, DARLENE 827 PELICAN WAY S 111 23.02.5370.03 STEPHENS, MICHAEL 8~ JEWELYA 1425 ELM PLACE 112 20.46.0100.02 STEWART, LARRY & RONDA 3437 PRESIDENTIAL DR E 113 37.72.0132.01 STINE, DEL BRADLEY 1870 GULL COVE PL S 114 23.02.3070.02 STINNETT, ROWDY & 1505 7TH ST W 115 22.50.4574.03 TAYLOR, CARRIE 220 PINE AVE E 116 20.47.0052.04 TENNANT, ROBERT 8~ CONNIE 4110 DRIFTWOOD DR E 117 22.50.0006.01 THORNE, DANA 926 & 922 MERIDIAN ST 80.15 55.24 68.53 50.81 95.11 50.34 57.55 81.89 78.81 101.59 107.12 118 35.35.3080.03 TOMLINSON, JOSHUA 2685 GRIMES CREEK PL S NO ARRANGEMENTS ALLOWED AND CASH ONLY TIL 5/9/08 DUE TO NSF TO GET/KEEP WATER ON.-DB 5/9/07 119 30.74.3090.02 UNITED INVESTMENT LLC 550 PELICAN WAY S 120 37.50.0401.02 VIERRA, ROSE 237 ORSO DR W 121 25.95.0311.01 WARNER, DORA i3< GRINDELL, DARCI 4749 NEARBY DR W NO ARRANGEMENTS ALLOWED FOR RENTERS PER HPM!!! 101.22 73.97 88.33 127.56 114.91 136.15 106.79 180.45 92.29 123.49 152.08 133.43 217.47 168.63 206.34 108.74 134.06 ! t ;i ' ~~ I ~~~ ~ ~: ! ~ ~ , , ,_ ~ , r ~ , , s ~ ~~ ' ~ ~ I ~ F ~ # i r ~ C { j ~ ~ `_ ,~ ' ~ ~ ~ ~ I i ~ ~ ~ ' f `~ 3 i a~ ~ : ~ E t i - ~ - ~ t - ; i k k F 1 ~. ! i~ r ~ t3 t ~ ,~ ~ 4 ~ f ~ ~ s t S i (~ ~, i C r , i p S i ' J + ~ - ~ ~ ~ ~, ~ ~ t L t ? jjj} '~ I s ~ e f ~ t ~° ~ ~ i I. J{ ~ ~ ~ ~~ ~ I ~ ~ _ i ~ ~ ~ ~ E. I f 1 > ~ j1 ~ ~ I. i I _ - ~ L ~ 4 i ~ ~ ~ ' i ~ F 1 t ? ~ x _~~ ' ~ "~ ~ 7S x u t l~ 7 ~ ~' r i CITY OF MERIDIAN Shutoff Account List CITY COUNCIL Mar 25, 2008x04:38 m Standard Payment Customers p Current Period: 04/05/2008 -Transactions Included Through: 04/05/2008 Shutoff Minimum of $ 50.00 compared to Delinquent Balance Ref No Cust No Name /Service Address Past Due Balance 122 35.35.2356.01 WATSON, KARIN 99.37 163.95 1779 LAKE CREEK DR E 123 30.74.3122.01 WESTERBERG, STEVEN 57.32 85.59 668 MUSCOVY AVE S 124 22.51.3580.02 WHITE, WES & KELLY 87.40 154.73 126 KING ST E 125 36.69.0142.03 WHITEHEAD, ROBERT 8~ CHRISTINA 68.53 106.05 1524 GRIFFON ST E 126 24.04.1398.05 WHITWELL, RONALD 8~ SHERI 54.19 124.85 2828 LEROY CT W 127 29.07.0770.04 WIHERIN, OLGA 55.24 96.80 525 LODESTONE AVE S 128 35.43.0106.03 WILSON, JACOB 88.33 111.14 1708 SAGEMOOR DR E 129 25.25.1008.02 WILSON, MICHAEL 52.49 101.29 4649 BIG CREEK ST W 130 22.51.3810.02 YOST, PATRICIA 84.57 172.40 330 3RD ST E Grand Totals: 130 Customers Listed 13,424.88 22,263.56 Report Criteria: Terminated customers no 770 u0 0 001 Customer.Cust No Q = { } Customer.Bitl Cycle = 1 Customer.disconnected = No Customer.shut off list = No '; r ', R 1 I ~I ~ i L 1 F i ~ t L~ 1 ; ( FF 1 (F ~ ~ ~~ ~' ~ : ti ~ ~ ~ k ~ i ~ d ~ I s F' ~ ' ~ ersr ~ ~ ~ ~ ~ ~ J ~ ., ~ ~ E ~ N, I F L r i 11 I '~ ~~ ~ f ~ i~ ~ ~ { ~ ~ { ' 1 ~ ~ ' ~i E 1 j G ~ ~ ~ 1 k s' ~ ~ ' ~ # ) E: ,~, ~ a ~ ' ~ ii t ~ t i } ' ~ 3 ~~ ~ ~ ~ 1 ~' j ~ , i ~'i ~ ~ i ~ E i ~ ; F ~~f j ~y ~ ~ ~ { F ~ I ~ '' 1 14 ~ "' ~ ~ i E { 7 1 i i ~ ' [ ~ ~ ~ ~ S ~ r ~ ~ ~ ~ ~ ~ ~ ~" ; ~ ~ ~ E _ ~ ~ ~ ~ `.i f ~' ~ ~t' t e